Education for homeless children and youths

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

Education for homeless children and youths

721.

Statement of policy

The following is the policy of Congress: (1)Each State and local educational agency shall ensure that each homeless child and youth has access to the same free appropriate public education, including a public preschool education, as is provided to other children and youths. (2)In any State where compulsory residency requirements or other requirements of laws, regulations, practices, or policies may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youths, the State and local educational agencies shall review and revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free appropriate public education as is provided to other children and youths. (3)Homelessness is not a sufficient reason to separate students from the mainstream school environment. (4)Homeless children and youths shall have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

722.

Grants for State and local activities for the education of homeless children and youths

(a)

General authority

(1)

In General

The Secretary is authorized to make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in subsections (d) through (g). (2)

Emergency disaster grants

(A)

In general

In addition to sums authorized by section 726, there are authorized to be appropriated to the Secretary such additional sums as may be necessary to distribute to local educational agencies directly or through the Office of Coordinator for Education of Homeless Children and Youths in a State educational agency as emergency disaster grants, to increase local educational agencies’ capacity to respond to major disasters. (B)

Eligibility for grant

Emergency disaster grant funds shall be made available, based on demonstrated need, to local educational agencies whose enrollment of homeless children and youth has increased as a result of hurricanes, floods, and other natural disasters for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974. (C)

Distribution of grants

Notwithstanding subsection (c) or section 724(e), the Secretary shall distribute emergency disaster grants— (i)to State or local educational agencies in amounts determined by the Secretary and related to the increase in enrollment of homeless children and youth as a result of a major disaster; and (ii)expeditiously, in no case later than 75 days after such funds are appropriated to the Secretary, and in a manner which enables local educational agencies to use such funds for the immediate needs of disaster response and ongoing disaster recovery. (D)

Use of funds

Emergency disaster grant funds shall be used to carry out the activities described in section 723(d). (b)

Application

In order for a State to be eligible to receive a grant under subsection (a)(1), the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (c)

Allocation and reservations

(1)

Allocation

(A)

In general

Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 726 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332) to the State for that year bears to the total amount allocated under section 1122 of such Act to all States for that year, except as provided in subparagraph (B). (B)

Minimum allotments

No State shall receive less under this paragraph than the greater of— (i)$300,000; or (ii)one-fourth of 1 percent of the amount appropriated under section 726 for that year. (C)

Ratable reduction for insufficient funds

If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (B), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. (2)

Reservations

(A)

Students in territories

The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 726 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective needs for assistance under this subtitle, as determined by the Secretary. Funds allocated under this subparagraph shall be used for programs that are consistent with the purposes of the programs described in this subtitle. (B)

Indian students

(i)

Transfer

The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior for programs that are for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), and that are consistent with the purposes of the programs described in this subtitle. (ii)

Agreement

The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the funds transferred, including appropriate goals, objectives, and milestones for that use. (d)

State activities

Grant funds from a grant made to a State under subsection (a)(1) shall be used for the following: (1)To carry out the policies set forth in section 721 in the State. (2)To provide activities and services to improve the identification of homeless children and youths and enable such children and youths to enroll in, attend, and succeed in school and preschool programs. (3)To establish or designate an Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency in accordance with subsection (f) that has sufficient capacity, resources, and support to carry out the duties described in this subtitle. (4)To prepare and carry out the State plan described in subsection (g). (5)To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), other local educational agency and school personnel, and community agencies— (A)to improve their identification of homeless children and youths; and (B)to heighten their awareness of, and capacity to respond to, specific problems in the education of homeless children and youths. (e)

State and local subgrants

(1)

Minimum disbursements by States

From the grant funds made available each year to a State under subsection (a)(1) to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under section 723 to local educational agencies for the purposes of carrying out section 723. (2)

Use by State educational agency

From the remainder of those grant funds, a State educational agency may use amounts to conduct activities under subsection (f) directly or through grants or contracts. (f)

Functions of the Office of the Coordinator

The Coordinator for Education of Homeless Children and Youths established in each State shall— (1)(A)gather and make publicly available reliable, valid, and comprehensive information— (i)on the number of homeless children and youths identified in the State; (ii)on the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools; (iii)on the difficulties in identifying the special needs and barriers to participation and achievement of such children and youths; (iv)on any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and (v)describing subgrants awarded under this subtitle, and the success of the programs under this subtitle in identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school; and (B)ensure that a report indicating the numbers of homeless children and youths identified by each local educational agency in the State shall be posted annually on the State educational agency’s website; (2)develop and carry out the State plan described in subsection (g); (3)collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, reports containing such information as the Secretary determines is necessary to assess the educational needs of all homeless children and youths within the State, including data requested pursuant to subsection (h) of section 724; (4)in order to improve identification of homeless children and youths and to improve the provision of comprehensive education and related support services to homeless children and youths and their families, and to minimize educational disruption, coordinate activities, and collaborate with— (A)educators, including special education personnel, child development and preschool program personnel, truancy, attendance, and dropout prevention personnel, and personnel from programs provided under titles I, III, and IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et seq., and 7101 et seq.) and similar State programs; (B)providers of services to homeless children and youths and their families, including services of public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); (C)providers of emergency, transitional, and permanent housing to homeless children and youths, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths; (D)local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; (E)community organizations and groups representing homeless children and youths and their families; (F)relevant State agencies and task forces, such as State interagency councils on homelessness, State agencies administering higher education programs and councils for higher education, State housing agencies, emergency and disaster response teams, State Head Start collaboration offices, and State advisory panels and State interagency coordinating councils convened under parts B and C of the Individuals With Disabilities Education Act (20 U.S.C. 1411 et seq., 1431 et seq.); and (G)the Coordinators for Education of Homeless Children and Youths in other States, including adjacent States; (5)provide professional development and technical assistance to and conduct monitoring of local educational agencies, in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs (3) through (7) of subsection (g), and subsection (h); and (6)respond to inquiries from parents and guardians of homeless children and youths and unaccompanied youths to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle. (g)

State plan

(1)

In general

Each State shall submit to the Secretary and carry out a plan to provide for education and related support services for all homeless children and youths within the State. Such plan shall include the following: (A)A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State student academic achievement standards as all students are expected to meet. (B)A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify all such children and youths in the State and to assess their special needs. (C)A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— (i)ensure that local educational agencies have developed dispute resolution procedures which, at a minimum— (I)are developed in coordination and collaboration with the liaisons designated under subparagraph (J)(ii); (II)are accessible to parents and guardians of homeless children and youths, and to unaccompanied youths; (III)provide such parents, guardians, and unaccompanied youths with sufficient opportunity to present their complaints; and (IV)designate decisionmakers who are fair and impartial and have received training on the requirements of this subtitle; (ii)ensure that parents and guardians of homeless children and youths, and unaccompanied youths, who have exhausted the procedures available under clause (i) are able to appeal to the State educational agency, which shall render decisions that are binding on the relevant local educational agencies; (iii)define the role of the Coordinator for Education of Homeless Children and Youths in resolving disputes under this subtitle appealed to the State educational agency; (iv)include procedures to resolve promptly disputes under this subtitle between local educational agencies; (v)ensure that homeless children and youths are enrolled in school pursuant to paragraph (3)(E) and receive transportation pursuant to subparagraph (J)(iii) pending final resolution of disputes, including resolution through all available local and State dispute resolution procedures and pending legal actions, paying particular attention to ensuring enrollment in cases of disputes between local educational agencies; and (vi)include procedures for State educational agencies or local educational agencies to determine the need for, and ensure the delivery of, additional academic support in cases in which a local educational agency has unlawfully denied a student access to school or school services, including transportation. (D)A description of programs for school and other local educational agency personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youths. (E)A description of procedures that ensure that homeless children and youths are able to participate in Federal, State, or local nutrition programs. (F)A description of procedures that ensure that— (i)homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including through the policies and practices required under paragraph (7); (ii)homeless youths, including youths separated from public schools, are identified and accorded access to appropriate secondary education and related support services, including through the implementation of policies and practices to ensure that such youths are— (I)able to receive credit for full or partial coursework satisfactorily completed while attending a prior school; (II)are afforded opportunities to recover credits lost during periods of homelessness; and (III)are not penalized for absences related to homelessness and are allowed to receive credit for work completed after their enrollment; and (iii)homeless children and youths who meet the relevant eligibility criteria have access to magnet school, summer school, vocational and technical education, advanced placement, online learning opportunities, and charter school programs. (G)Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). (H)Strategies to address other problems with respect to the education of homeless children and youths, including enrollment problems related to— (i)immunization and other required health records and screenings; (ii)residency requirements; (iii)lack of birth certificates, school records, or other documentation; (iv)guardianship issues; or (v)uniform or dress code requirements. (I)A demonstration that the State educational agency, and local educational agencies and schools in the State, regularly review and revise their policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children and youths in schools and public preschool programs in the State. (J)Assurances that the following will be carried out: (i)

Prevention of stigmas and segregation

The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless. (ii)

Liaison

Local educational agencies will designate a staff person as the local educational agency liaison for homeless children and youths, who shall have sufficient training, resources, and time to carry out the duties described in paragraph (6), and who may also be a coordinator for other Federal programs. (iii)

Provision of transportation

The State and local educational agencies will adopt policies and practices to ensure that appropriate transportation suitable for the needs of the child or youth is provided expeditiously, at the request of the parent or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin (as defined in paragraph (3)(J)), for as long as the student has the right to attend the school of origin as determined in paragraph (3)(A), in accordance with the following, as applicable: (I)

Within one local educational agency

If the child or youth continues to live in the area served by the local educational agency for the school of origin, the child's or youth's transportation to and from the school of origin shall be provided or arranged by the local educational agency for the school of origin. (II)

Involving more than one local educational agency

If the child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child's or youth's education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency for the area in which the child or youth is living shall share equally the cost and responsibility for providing transportation to and from the school of origin unless the agencies agree upon another method to apportion cost and responsibility, or the State educational agency has devised another method to apportion cost and responsibility among local educational agencies. (iv)

School success

The State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youths, including by— (I)ensuring that homeless children and youths have opportunities to meet the same challenging State student academic achievement standards to which other students are held; (II)ensuring that homeless children and youths are able to participate fully in all classes and school activities, including extracurricular activities, athletic activities for which they meet skill level requirements, before and after school programs, summer school programs, field trips, classes, tests, and activities with fees, services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and similar State and local programs, and other activities made available to nonhomeless students; and (III)ensuring that such policies and practices remove barriers to participation related to fees, credit accrual policies, lack of guardianship, lack of transportation, enrollment and participation deadlines, and residency requirements. (2)

Compliance

(A)

In general

Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (7). (B)

Coordination

Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). (3)

Local educational agency requirements

(A)

In general

The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i)continue the child's or youth's education in the school of origin for the duration of homelessness— (I)in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; and (II)for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or (ii)enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. (B)

School stability

To promote the school stability of the child or youth, and in determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— (i)presume that keeping the child or youth in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the wishes of the child's or youth's parent or guardian, or the unaccompanied youth; (ii)consider student-centered factors related to the child's or youth's best interest, giving priority to the wishes of the parent, guardian, or unaccompanied youth, including— (I)the harmful impact of school mobility on academic achievement and social and emotional well-being; (II)the age of the child or youth; (III)the impact any commute may have on the child's or youth's education; (IV)personal safety issues; (V)the child's or youth's need for special instruction, including special education and related services; (VI)the length of anticipated stay in a temporary shelter or other temporary location; (VII)the time remaining in the school year; and (VIII)the school placement of family members; (iii)if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied youth, provide the child’s or youth’s parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or youth, including information regarding the right to appeal described in subparagraph (E); (iv)in the case of an unaccompanied youth, ensure that the liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal described in subparagraph (E); and (v)provide transportation pursuant to paragraphs (1)(J)(iii) and (4). (C)

Enrollment

(i)

In general

The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth— (I)is unable to produce records normally required for enrollment, including previous academic records, records of immunizations and health screenings and other required health records, proof of residency or guardianship, or other documentation; (II)has unpaid fines or fees from prior schools or is unable to pay fees in the school selected; or (III)has missed application or enrollment deadlines during any period of homelessness. (ii)

Relevant academic records

The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. (iii)

Relevant health records

If the child or youth needs to obtain immunizations or health screenings, or immunization or other required health records, the enrolling school shall immediately enroll the child or youth and refer the parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records in accordance with subparagraph (D). (iv)

No liability

Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent. (D)

Records

(i)

In general

Any record ordinarily kept by the school, including records of immunizations and health screenings and other required health records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be— (I)maintained so that the records involved are available, in a timely fashion, when a homeless child or youth enters a new school or school district; (II)immediately sent to the enrolling school, even if the child or youth owes fees or fines or was not withdrawn from the previous school in conformance with local withdrawal procedures; and (III)maintained in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). (ii)

Release

School records needed for academic placement decisions shall be released immediately by the previous school by facsimile transmission or other available electronic means. (E)

Disputes

If a dispute arises over eligibility for services, school selection, enrollment in a school, or any other issue under this subtitle— (i)the child or youth involved shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals; (ii)the parent, guardian, or unaccompanied youth involved shall be provided with written explanations of any decisions made by the school, the local educational agency, or the State educational agency involved, which shall include information about the right to appeal such decisions; (iii)the parent, guardian, or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of such dispute; and (iv)in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of such dispute. (F)

Placement choice

The choice regarding placement shall be made regardless of whether the child or youth involved lives with the homeless parents or has been temporarily placed elsewhere. (G)

Contact Information

Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information. (H)

Privacy

Information about a homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and shall not be released to housing providers, employers, law enforcement personnel, or other persons or agencies not authorized to have such information under section 99.31 of title 34, Code of Federal Regulations, paying particular attention to preventing disruption of the living situation of the child or youth and to supporting the safety of such children and youths who are survivors of domestic violence and unaccompanied youths. (I)

Academic achievement

The school selected in accordance with this paragraph shall ensure that homeless children and youths have opportunities to meet the same challenging State student academic achievement standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). (J)

School of origin defined

In this paragraph: (i)

In general

The term school of origin means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled. (ii)

Receiving school

When the child or youth completes the final grade level served by the school of origin, as described in clause (i), the term school of origin shall include the designated receiving school at the next grade level for all feeder schools. (4)

Comparable services

In addition to receiving services provided for homeless children and youths under this subtitle or other Federal, State, or local laws, regulations, policies, or practices, each homeless child or youth to be assisted under this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following: (A)Transportation services. (B)Educational services for which the child or youth meets the eligibility criteria, including services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or services of similar State or local programs, charter schools, magnet schools, educational programs for children with disabilities, and educational programs for students with limited English proficiency. (C)Programs in vocational and technical education. (D)Programs for gifted and talented students. (E)School nutrition programs. (5)

Coordination

(A)

In general

Each local educational agency shall coordinate— (i)the provision of services under this subtitle with the services of local social services agencies and other agencies or entities providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) or provided by other agencies serving unaccompanied youths, public and private child welfare agencies, Head Start centers and local entities administering State-funded preschool programs, and agencies providing mental health services; (ii)transportation, transfer of school records, and other interdistrict activities, with other local educational agencies; (iii)the provision of services under this subtitle with the provision of other education programs, including programs provided under titles I, III, and IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et seq., and 7101 et seq.) and similar State and local programs, programs in vocational and technical education, truancy and dropout prevention programs, before and after school programs, summer school programs, programs provided for students with disabilities, students with limited English proficiency, and gifted and talented students, and local educational agency transportation services; and (iv)activities, planning, and initiatives with State and local agencies and organizations providing emergency, transitional, and permanent housing and other services to homeless families and unaccompanied youths, including developing and implementing strategies to minimize educational disruption for children and youths who become homeless. (B)

Coordination purpose

The coordination required under subparagraph (A) shall be designed to— (i)ensure that all homeless children and youths are promptly identified; (ii)ensure that homeless children and youths have access to and are in reasonable proximity to available education and related support services; (iii)decrease school mobility and ensure that agencies placing homeless children and youth in housing and agencies providing housing and other services consider the proximity of housing and services to a child or youth's school of origin (as defined in paragraph (3)(J)); and (iv)raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (C)

Homeless children and youths with disabilities

(i)

In general

For children and youth who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies. (ii)

Cost and responsibility for individuals with disabilities

Such coordination shall include the following: (I)

Transportation

Each local educational agency shall adopt policies and practices to apportion the cost and responsibility for providing transportation to children and youths entitled to transportation services under both paragraph (1)(J)(iii) and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (II)

Public or private educational program

(aa)

In general

Except as provided in item (bb), if a local educational agency has placed a child or youth in a private educational program, or in a public educational program outside the area served by that local educational agency, under section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)), and though moving to an area served by another local educational agency, the homeless child or youth is to remain in that educational program as the child's or youth's school of origin (as defined in paragraph (3)(J)) under subparagraphs (A) and (B) of paragraph (3), the local educational agency that made the placement shall continue payments for the placement. (bb)

Exception

Item (aa) shall apply unless the local educational agency that made the placement and the local educational agency in the area where the student is temporarily residing agree upon another method to apportion the cost, or the State educational agency involved has devised another method to apportion cost and responsibility among local educational agencies. (6)

Local educational agency liaison

(A)

Duties

Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— (i)all homeless children and youths are identified by school personnel and through outreach and coordination activities with other entities and agencies, including through such measures as inquiries concerning housing status on school registration forms and on withdrawal or exit forms; (ii)homeless children and youths are immediately enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii)homeless families, and homeless children and youths, have access to educational services for which such families, children, and youths are eligible, including services through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs described in paragraph (7)(A); (iv)homeless families, and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; (v)the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children, including preschool opportunities, and are provided with meaningful opportunities to participate in the education of their children; (vi)public notice of the educational rights of homeless children and youths is incorporated into documents related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to parents and guardians of homeless children and youths and unaccompanied youths; (vii)disputes are resolved in accordance with paragraph (3)(E); (viii)the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A); (ix)school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and other support; and (x)unaccompanied youths— (I)are enrolled in school; (II)have opportunities to meet the same challenging State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and (III)are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), including through school counselors that have received professional development about unaccompanied youth, and receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act (20 U.S.C. 1090). (B)

Notice

State Coordinators appointed under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families and homeless children and youths of the contact information and duties of the local educational agency liaisons, including publishing an annually updated list of the liaisons on the State educational agency’s website. (C)

Local and State coordination

The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and community and school personnel responsible for the provision of education and related support services to homeless children and youths. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). (D)

Professional development

The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). (7)

School readiness for homeless children

(A)

State and local educational agencies

Each State educational agency and local educational agency shall ensure that entities carrying out preschool programs funded, administered, or overseen by the agency involved— (i)comply with paragraphs (3) and (4), except that in the absence of contrary State law or policy, such entities shall not be required to enroll a homeless child immediately in a preschool program that is operating at full capacity when the child seeks to enroll; (ii)identify and prioritize homeless children for enrollment and increase their enrollment and attendance in preschool programs, including through policies such as— (I)reserving spaces in preschool programs for homeless children; (II)conducting targeted outreach to homeless children and their families; (III)waiving application deadlines; (IV)providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and (V)developing the capacity to serve all identified homeless children; and (iii)review the educational and related needs of homeless children and their families in such agency's service area, in coordination with the liaison designated under paragraph (1)(J)(ii), and develop policies and practices to meet identified needs. (B)

Other State agencies

In the case of State-funded preschool programs that are not funded, administered, or overseen by the State educational agency or a local educational agency, the State agency that funds, administers, or oversees such preschool programs shall— (i)develop, review, and revise its policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children for or in preschool programs funded, administered, or overseen by the agency; (ii)ensure that the entities comply with the provisions of paragraph (3) and (4) except that such entities, with respect to such programs— (I)shall not be required to enroll a homeless child immediately in a preschool program that is operating at full capacity when the child seeks to enroll, in the absence of contrary State law or policy; (II)shall not be subject to the dispute resolution procedures of the State educational agency or local educational agencies, but shall ensure that all of the dispute resolution procedures available through such programs and the State agency that funds, administers, or oversees such programs are accessible to parents and guardians of homeless children and shall provide such parents and guardians with a written explanation of their dispute and appeal rights; and (III)shall not be subject to the transportation requirements of paragraphs (1)(J)(iii) or (3)(B)(v), but shall remove barriers to transportation services for homeless children and shall, to the maximum extent practicable, arrange or provide transportation for homeless children to attend preschool programs, including their preschool program of origin; (iii)identify and prioritize homeless children for enrollment and increase their enrollment and attendance in preschool programs, including through policies such as— (I)reserving spaces in preschool programs for homeless children; (II)conducting targeted outreach to homeless children and their families; (III)waiving application deadlines; (IV)providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and (V)develop capacity to serve all identified homeless children; and (iv)review the educational and related needs of homeless children and their families in the State, in coordination with the Office of the Coordinator for Education of Homeless Children and Youths established under subsection (d)(3), and develop policies and practices to meet identified needs. (h)

Prohibition on segregating homeless children and youths

(1)

In general

In providing a free appropriate public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child's or youth's status as homeless. (2)

Transition from segregated schools in formerly covered counties

To ensure a smooth, rapid, and complete transition for all homeless children and youths from segregated to nonsegregated schools or programs, in formerly covered counties, each local educational agency that serves such a covered county shall— (A)coordinate activities with those segregated schools and schools with segregated programs located in formerly covered counties, to identify each homeless child and youth enrolled in such schools and programs; (B)for each homeless child and youth so identified, determine if the child or youth has a school of origin (as defined in subsection (g)(3)(J)) and either— (i)immediately enroll the child or youth in the school of origin if it is in the child's or youth's best interest in accordance with this subtitle and consistent with the wishes of the parent, guardian, or unaccompanied youth involved, and provide transportation to and from the school of origin; or (ii)immediately enroll the child or youth in any nonsegregated public school if enrollment in the school of origin is not in the child's or youth's best interest in accordance with this subtitle or is against the wishes of the parent, guardian, or unaccompanied youth; (C)provide the parent, guardian, or unaccompanied youth with information about the dispute resolution process available under this subtitle; (D)ensure that each homeless child or youth receives the full protections and services provided by this subtitle; and (E)implement other policies and practices necessary to ensure a smooth, rapid, and complete integration of the children and youths into the public schools of the local educational agency. (3)

Role of State educational agency in transition

The State educational agencies of California and Arizona shall provide technical assistance to the local educational agencies in the State that serve formerly covered counties to ensure the requirements of paragraph (2) are met. (4)

Transition period

Not later than the end of the academic year in which the Educational Success for Children and Youth Without Homes Act of 2011 is enacted, the transition referred to in paragraph (2) shall be complete. (i)

No diminishment of power

Nothing in this subtitle shall be construed to diminish the rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or practice, including laws or policies that authorize the best interest determination in subsection (g)(3) to be made solely by the parent, guardian, or youth involved.

723.

Local educational agency subgrants for the education of homeless children and youths

(a)

General authority

(1)

In general

The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youths. (2)

Services

(A)

In general

Services under paragraph (1)— (i)may be provided through programs on school grounds or at other facilities; and (ii)shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youths with nonhomeless children and youths. (B)

Services on school grounds

If services under paragraph (1) are provided to homeless children and youths on school grounds, the school involved may use funds under this subtitle to provide the same services to other children and youths who are determined by the local educational agency serving the school to be at risk of failing in, or dropping out of, school. (3)

Requirement

Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program. (4)

Duration of grants

Subgrants awarded under this section shall be for terms of not to exceed 3 years. (b)

Application

A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: (1)An assessment of the educational and related needs of homeless children and youths in the area served by the local educational agency (which may be undertaken as part of a needs assessment for another disadvantaged group). (2)A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). (3)An assurance that the local educational agency's combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the subgrant determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (4)An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g). (5)A description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youths. (6)An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7)A description of the policies and practices the local educational agency has implemented to remove barriers to the identification, enrollment, attendance, retention, and success in school of all homeless children and youths. (c)

Awards

(1)

In general

The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. (2)

Need

(A)

In general

In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youths enrolled in preschool, elementary schools, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youths and the ability of the local educational agency to meet such needs. (B)

Other considerations

The State educational agency may also consider the following: (i)The extent to which the proposed use of funds will facilitate the identification, enrollment, attendance, retention, and educational success of homeless children and youths. (ii)The extent to which the application reflects coordination with other local and State agencies that serve homeless children and youths. (iii)The extent to which the applicant exhibits in the application and in current practice (as of the date of submission of the application) a commitment to education for all homeless children and youths. (iv)Such other criteria as the State agency determines to be appropriate. (3)

Quality

In determining the quality of applications under paragraph (1), the State educational agency shall consider each of the following: (A)The applicant's needs assessment under subsection (b)(2) and the likelihood that the program presented in the application will meet such needs. (B)The types, intensity, and coordination of the services to be provided under the program. (C)The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youths in the education of their children. (D)The extent to which homeless children and youths will be integrated into the regular education program involved. (E)The quality of the applicant's evaluation plan for the program. (F)The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youths and their families, including housing and child welfare services and services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and similar State and local programs. (G)The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation. (H)The local educational agency’s use of funds to serve homeless children and youths under section 1113(c)(3) of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). (I)The extent to which the applicant's program meets such other measures as the State educational agency considers to be indicative of a high-quality program, including the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged children. (J)The extent to which the application describes how the applicant will meet the requirements of section 722(g)(3). (d)

Authorized activities

A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following: (1)The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State academic content standards and challenging State student academic achievement standards as the State establishes for other children and youths. (2)The provision of expedited evaluations of the strengths, needs, and eligibility of homeless children and youths, including needs and eligibility for programs and services (including educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, charter school programs, magnet school programs, and programs in vocational and technical education, and school nutrition programs). (3)Professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such educators and personnel to the needs of homeless children and youths, the rights of such children and youths under this subtitle, and the specific educational needs of runaway and homeless youths. (4)The provision of referral services to homeless children and youths for medical, dental, mental, and other health services. (5)The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (4)(A) of section 722(g), and transportation to preschool programs, not otherwise provided through Federal, State, or local funding. (6)The provision of developmentally appropriate early childhood development programs, not otherwise provided through Federal, State, or local funding. (7)The provision of services and assistance to attract, engage, and retain homeless children and youths, particularly homeless children and youths who are not enrolled in school, in public school programs and services provided to nonhomeless children and youths. (8)The provision for homeless children and youths of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities. (9)If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youths in school or preschool programs, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. (10)The provision of education and training to the parents of homeless children and youths about the rights of, and resources available to, such children and youths, and other activities designed to increase the meaningful involvement of parents or guardians of homeless children or youths in the education of their children. (11)The development of coordination of activities between schools and agencies providing services to homeless children and youths, as described in section 722(g)(5). (12)The provision of pupil services (including counseling) and referrals for such services. (13)Activities to address the particular needs of homeless children and youths that may arise from domestic violence and parental mental health or substance abuse problems. (14)The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. (15)The provision of school supplies, including supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. (16)The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), not otherwise provided through Federal, State, or local funding. (17)The provision of other extraordinary or emergency assistance needed to enable homeless children and youths to enroll, attend, and succeed in school or preschool programs.

724.

Secretarial responsibilities

(a)

Review of State plans

In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youths relating to access to education and placement as described in such plan. (b)

Technical assistance

The Secretary shall provide support and technical assistance to State educational agencies to assist such agencies in carrying out their responsibilities under this subtitle, and shall establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. (c)

Notice

(1)

In general

The Secretary shall, before the next school year that begins after the date of enactment of the Educational Success for Children and Youth Without Homes Act of 2011, develop and disseminate a public notice of the educational rights of homeless children and youths. The notice shall include information regarding the definition of homeless children and youths in section 725. (2)

Dissemination

The Secretary shall disseminate the notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying out federally funded programs, including Head Start program grantees, grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board Program of the Federal Emergency Management Agency, grant recipients under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients under the John H. Chafee Foster Care Independence program, grant recipients under homeless assistance programs administered by the Department of Housing and Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth and Families of the Department of Health and Human Services. (d)

Evaluation and dissemination

(1)

In general

The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs that are designed to meet the educational needs of homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 726 to award grants to, or enter into contracts or cooperative agreements with, eligible entities to enable the eligible entities to carry out such activities. (2)

Priorities

The Secretary, in awarding such grant, or entering into such contract or cooperative agreement, may, without regard to the rulemaking procedures under section 553 of title 5, United States Code, limit competitions to, or otherwise give priority to, entities with— (A)demonstrated experience in dissemination and technical assistance activities, including using the Internet and other state-of-the-art technology for efficient and cost-effective dissemination of information and technical assistance; (B)demonstrated experience in the areas of homelessness, serving at-risk youth, and education; and (C)established networks, and a history of collaboration, among State educational agencies, local educational agencies, and national organizations that provide services to homeless children and youths, and homeless families. (e)

Submission and distribution

The Secretary shall require applications for grants under section 722 to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. (f)

Determination by Secretary

The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), shall determine the extent to which State educational agencies are ensuring that each homeless child or youth has access to a free appropriate public education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies in areas in which barriers to a free appropriate public education persist. (g)

Publication

The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date of enactment of the Educational Success for Children and Youth Without Homes Act of 2011, a summary of the changes enacted by that Act and related strategies, which summary shall include— (1)strategies by which a State can assist local educational agencies to implement the provisions amended by the Act; (2)strategies by which a State can review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youths in school; and (3)strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(7). (h)

Information

(1)

In general

From funds appropriated under section 726, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically but no less frequently than every 2 years, collect and disseminate publicly data and information regarding— (A)the number of homeless children and youths in all areas served by local educational agencies, including homeless children enrolled in preschool programs described in section 722(g)(7)(A) and the type of living situation in which such children and youth are living when identified; (B)the education and related support services such children and youths receive; (C)the extent to which the needs of homeless children and youths are being met; (D)the academic progress being made by homeless children and youths, including the percent or number of homeless children and youths participating in State assessments; and (E)such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle. (2)

Coordination

The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. (i)

Report

Not later than 4 years after the date of enactment of the Educational Success for Children and Youth Without Homes Act of 2011, the Secretary shall prepare and submit to the President and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of the provision of education and related support services to homeless children and youths, which shall include information on— (1)the education of homeless children and youths; and (2)the actions of the Secretary and the effectiveness of the programs supported under this subtitle.

725.

Definitions

In this subtitle: (1)

Enroll; enrollment

The terms enroll and enrollment include attending classes and participating fully in school activities. (2)

Formerly covered counties

The term formerly covered counties means, with respect to California, San Joaquin County, Orange County, and San Diego County, and with respect to Arizona, Maricopa County. (3)

Homeless children and youths

The term homeless children and youths— (A)means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and (B)includes— (i)children and youths who— (I)are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II)are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; (III)are living in emergency or transitional shelters; (IV)are abandoned in hospitals; or (V)are awaiting foster care placement; (ii)children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); (iii)children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv)migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399)) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii). (4)

Include; including

The terms include and including mean that the items named are not all of the possible items that are covered, whether like or unlike the items named. (5)

Local educational agency; state educational agency

The terms local educational agency and State educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6)

Secretary

The term Secretary means the Secretary of Education. (7)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (8)

Unaccompanied youth

The term unaccompanied youth means a homeless child or youth not in the physical custody of a parent or legal guardian.

726.

Authorization of appropriations

For the purpose of carrying out this subtitle, there are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal year 2012.