[Congressional Record Volume 155, Number 172 (Thursday, November 19, 2009)]
[Senate]
[Pages S11595-S11605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. MURRAY (for herself and Mr. Franken):
  S. 2800. A bill to amend subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act to provide education for homeless 
children and youths, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. MURRAY. Mr. President, I rise today to talk about legislation 
that I introduced with Senator Franken today that is essential to the 
academic success of millions of vulnerable children and youth.
  The Educational Success for Children and Youth Without Homes Act 
responds to the growing crisis of homelessness in our Nation. The 
legislation will help homeless children and youth thrive in school, 
despite the constant moves, trauma, and loss associated with 
homelessness.
  This legislation is needed now more than ever. The economic downturn 
and foreclosure crisis have had a significant impact on homelessness. 
Public schools reported a 17-percent increase in the number of homeless 
students in 2007. In Washington State, the number of homeless students 
has increased dramatically. For example, the number of homeless 
students enrolled in Whatcom County schools increased by 66 percent 
over the past 2 years; in Evergreen Public Schools, there has been a 
56-percent increase over the past 2 years. This Fall, many schools face 
a veritable tidal wave of homelessness. Over one million children and 
youth are now homeless in our Nation.
  The recession has contributed to homelessness among two groups of 
students: children who are homeless with their families, and youth who 
are homeless on their own. This reality was brought starkly to light in 
the recent New York Times series about runaway and homeless youth. The 
series found a 40-percent increase in the number of homeless youth 
living on their own last year, more than double the number in 2003. It 
concluded that ``Foreclosures, layoffs, rising food and fuel prices and 
inadequate supplies of low-cost housing have stretched families to the 
extreme, and those pressures have trickled down to teenagers and 
preteens.''
  School offers homeless children and youth structure, normalcy, 
support, and hope--it is a place where they can obtain the skills that 
they will need to avoid poverty and homelessness as adults. Yet these 
students face great educational challenges. High mobility, precarious 
living conditions, and severe poverty combine to create major barriers 
to school enrollment and regular attendance. Many homeless children and 
youth lack basic supplies and a reasonable environment where they can 
do homework. As a result of their circumstances, homeless students 
often perform below their peers in math and reading and are more likely 
to be held back.
  We must do more to assist these students so they do not continue to 
be left behind. The Educational Success for Children and Youth Without 
Homes Act of 2009 would do just that. The bill amends the McKinney-
Vento Act's Education for Homeless Children and Youth program. It makes 
a strong law even stronger by reinforcing and expanding the law's key 
provisions: school stability, enrollment, and support for academic 
achievement.
  This legislation will enhance the right of homeless children to stay 
in the same school, so that children who have lost their homes do not 
also lose their schools. It will assist schools in meeting the 
challenges of transporting homeless students by increasing the 
authorized funding level and allowing other Federal funds for educating 
low-income students to be used for homeless transportation. When 
staying in the same school is not possible, or not in a child's best 
interest, the legislation will help the student make a seamless 
transition to a new school.
  This bill will help students like Kyle, a 4th-grade student in 
Spokane. Due to the instability of homelessness, Kyle moved around with 
his family most of his life. In fact, he moved eleven times. There were 
large gaps where he had not gone to school at all, because of his 
family's frequent moves. Yet although Kyle moved eleven times, the 
homeless education program in Spokane was able to keep him stable in 
one school. Because he had the opportunity to attend one school 
consistently, the school district was able to determine that his 
academic and behavioral struggles were caused by more than just 
homelessness: a special education evaluation revealed that he was 
nearly deaf in both ears. He now has hearing aids in both ears and told 
his teacher:

[[Page S11596]]

``I can hear now, and I am being good. I want to be a crossing guard.''
  Yet many more children like Kyle are not receiving the assistance 
they need due to lack of funding. In fact, only 9 percent of school 
districts are able to receive funding through the McKinney-Vento 
program currently. This legislation would increase the authorized 
funding level, so that more school districts can participate in the 
homeless education program and reach more children and youth 
experiencing homelessness.
  One of the most successful features of the McKinney-Vento program is 
the requirement for every school district to designate a liaison for 
homeless children and youth. Liaisons identify homeless students, 
ensure their enrollment and attendance, and connect them to community 
resources. Liaisons are the backbone of this program, the unsung heroes 
who have become a lifeline for children and youth in crisis. Yet most 
liaisons do not have the capacity to carry out their required duties; 
they wear many hats and struggle to meet the growing demands of this 
population. As a result, too many homeless children and youth are 
falling through the cracks and missing out on school. The Educational 
Success for Children and Youth Without Homes Act will strengthen the 
critical position of homeless liaison by ensuring that liaisons have 
the time, resources, and training to fulfill their mandated duties.
  The Educational Success for Children and Youth Without Homes Act also 
recognizes the unique needs of certain groups of homeless children: 
preschool-aged homeless children, and unaccompanied homeless youth.
  Young children who are homeless have higher rates of developmental 
delays and other problems that set them back as they start out life, 
yet they face numerous barriers to participating in early childhood 
programs. They miss out on services that can mitigate the harmful 
effect of homelessness on their development. This legislation will 
increase homeless children's participation in preschool programs by 
requiring public preschool programs to identify and prioritize homeless 
children for enrollment, and to develop the capacity to serve all 
identified homeless children.
  Unaccompanied homeless youth struggle to go to school without the 
basic necessities of life or a parent to guide them. We must assist 
unaccompanied homeless youth to overcome the unique educational 
challenges related to being without a home and without a parent or 
guardian. This legislation will help ensure that unaccompanied homeless 
youth have the supports necessary to stay in school, graduate with 
their peers, and move on to a brighter future.
  The history of litigation under the McKinney-Vento Act makes clear 
that we must do a better job helping educators learn about homelessness 
and support them in implementing the law. To this end, the legislation 
provides funding for technical assistance and training, and requires 
participation in professional development activities.
  I am pleased to be joined by Senator Franken in cosponsoring this 
legislation to assist homeless students, and I am honored to cosponsor 
Senator Franken's legislation, the Fostering Success in Education Act, 
to assist students who are in foster care. These bills recognize the 
similarities, and the differences, between students who are homeless 
and those who are in foster care. It is our intention to work with our 
Senate colleagues to ensure that children and youth who are currently 
served through the McKinney-Vento Act under the category of ``awaiting 
foster care placement'' will be transitioned to the Fostering Success 
in Education program, so that their unique needs may be best met.
  As we look forward to the reauthorization of the Elementary and 
Secondary Education Act, we must recognize that children who do not 
know where they will sleep at night, or where their next meal will come 
from, face far greater challenges than simply remembering to do their 
homework. We must acknowledge that children who bounce between schools 
with each change of residence have little hope of taking advantage of 
even the best school programs. The most qualified teacher, or the most 
exceptional math or reading program, will not benefit children who are 
not enrolled in school, not attending regularly, and not assisted to 
overcome the barriers caused by homelessness. The Educational Success 
for Children and Youth Without Homes Act builds upon the proven 
successes of the McKinney-Vento Act's Education of Homeless Children 
and Youth program, while addressing remaining challenges. It is 
critical legislation that will help ensure that the homeless children 
of today do not become the homeless adults of tomorrow.
                                 ______
                                 
      Mr. FRANKEN (for himself and Mrs. Murray):
  S. 2801. A bill to provide children in foster Care with school 
stability and equal access to educational opportunities; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. FRANKEN. Mr. President, a quality education can serve as a 
positive counterweight to the abuse, neglect, and instability that 
children in foster care have experienced. That is why Senator Murray 
and I are introducing the Fostering Success in Education Act. The act 
builds on previous Federal efforts to increase the school stability and 
success of foster children.
  The very placement of children in foster care has deprived many 
children of their opportunity to obtain a decent education. The primary 
reason is that children in foster care frequently move between foster 
homes, and often change schools when they move. Research shows that 
students lose 4 to 6 months of educational progress each time they 
change schools. It therefore becomes nearly impossible for foster 
children--who change schools multiple times--to make significant 
educational progress.
  Moreover, foster children often change schools in the middle of the 
school year. When this happens, it is hard for them to catch up with 
their classmates, since they didn't learn the material their classmates 
studied earlier in the year.
  Because different schools offer different courses, it is also 
difficult for foster children to transfer their course credits from 
prior schools after they move. Many foster children therefore end up 
repeating courses and even grades.
  But what is even more disturbing is that foster children are often 
segregated from other students, and inappropriately placed in separate 
schools at group foster homes and residential treatment facilities. At 
these separate schools, foster children typically receive a subpar 
education, making it difficult for them to transition smoothly to 
regular public schools later on.
  As a result of all these challenges, many foster children fall behind 
their peers in school, lose hope, and ultimately drop out. Consider, 
for example, the school experience of Carrie, a 19 year-old young woman 
in Minnesota, who was placed in foster care in eighth grade. When 
Carrie moved to her first foster home, she had to transfer to a new 
school. Being uprooted from her family was difficult enough, but she 
also had to cope with the transition to her new school--just when she 
most needed the support of her friends and teachers at her old school. 
Moreover, because she changed schools in the middle of the school year, 
she found it difficult to keep up with her classmates in her new 
school.
  There was no need to add further instability to Carrie's life by 
making her change schools. Her old school--the school that she had 
attended since kindergarten--was just 20 minutes away from her foster 
home. It would have been perfectly reasonable to transport Carrie back 
to that school.
  Over her next 5 years in foster care, Carrie ended up 7 moving 
between 7 different foster care placements and schools. The schools 
where she spent most of her time in high school separated her from 
other children in her community, and offered her a low-quality 
education. For example, in ninth grade, Carrie attended a school at a 
residential treatment facility, where her education consisted of 
sitting in a classroom with children as young as ten, and filling out 
simple workbooks with little help from an instructor. Given the 
multiple educational disruptions Carrie experienced, it is not 
surprising that she believes she left high school with only a ninth 
grade education.
  Unfortunately, Carrie's school experience is not unique. Many foster 
children in Minnesota, and across the

[[Page S11597]]

country, have experienced a similar pattern of moving between multiple 
schools, wasting time in segregated schools, and leaving school without 
much to show for all their years of education.
  Last year, Congress decided that it was time to do something about 
this situation. Congress enacted the Fostering Connections to Success 
Act, a child welfare law that, among other things, requires child 
welfare agencies to collaborate with local education agencies to 
improve the school stability of foster children.
  Child welfare agencies, however, can't go it alone. To fulfill the 
vision of the Fostering Connections Act, they need the full cooperation 
of State and local education agencies.
  That is why Senator Murray and I have decided to place requirements 
on State and local education agencies that mirror those placed on child 
welfare agencies in the Fostering Connections Act. For example, our 
bill requires State and local education agencies to collaborate with 
child welfare agencies to provide foster children who move to new 
school districts with the right to attend their schools of origin--or, 
in other words, the right to attend their former schools or the schools 
they attended before they were placed in foster care.
  If Carrie had this right when she was placed in foster care, she 
would have been able to remain in the school she had attended since 
kindergarten. When it's not in the best interest of particular foster 
children to remain in their schools of origin, our bill requires State 
and local education agencies to work with child welfare agencies to 
enroll foster children immediately in new schools. This is an important 
element of our bill because foster children often spend weeks out of 
school as a result of enrollment delays.
  In addition, our bill provides funding to help school districts and 
child welfare agencies address the educational needs of foster 
children, such as funding to provide foster children with 
transportation back to schools in their former school districts.
  Finally, our bill clarifies that foster children have a right to the 
same educational opportunities as other children in their community. 
This means, for example, that foster children cannot be placed in 
separate schools merely based on the misguided belief that foster 
children cannot fit in at a regular public school.
  In addition to working with Senator Murray on the Fostering Success 
in Education Act, we have collaborated on a related bill--the 
Educational Success for Children and Youth Without Homes Act, which 
Senator Murray introduced earlier today. The Educational Success for 
Children and Youth Without Homes Act will improve the educational 
stability of homeless children, who, like foster children, face 
significant educational challenges because they often move between 
school districts. While there are many similarities between the 
protections provided to homeless and foster children in our bills, our 
bills also address the unique circumstances of each group.
  I am grateful to Carrie, and the many other foster and homeless youth 
who have bravely spoken out about their difficult school experiences. 
Their efforts will help prevent other children entering foster care or 
experiencing homelessness in the future from suffering similar ordeals.
  I believe it is time that we listen to these youth and take steps to 
ensure that we don't deprive homeless and foster children of their 
right to an equal education. Senator Murray and I therefore plan on 
working hard in the coming months to achieve the reforms we lay out in 
the bills we're introducing today, and I would urge my colleagues to 
support both of these important bills.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2801

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fostering 
     Success in Education Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is the following:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Regulations.
Sec. 6. Effective date.

        TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARE

Subtitle A--Required Educational Rights, Protections, and Services for 
                        Children in Foster Care

Sec. 101. Required educational rights, protections, and services for 
              children in foster care.
Sec. 102. Remedies; rule of construction.
Sec. 103. Conforming amendments.

        Subtitle B--State Foster Care and Education Plan Grants

Sec. 111. State foster care and education plan requirements and grants.
Sec. 112. Subgrants.
Sec. 113. Responsibilities of the Secretary.
Sec. 114. Authorization of appropriations.

                TITLE II--SOCIAL SECURITY ACT AMENDMENTS

Sec. 201. Social Security Act amendments.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Educational success is vital to every young person's 
     well being, successful transition to adulthood, and economic 
     stability.
       (2) At the end of fiscal year 2007, approximately 500,000 
     children were in foster care in the United States, with 
     nearly 800,000 children having spent at least some time in 
     foster care in the United States during the year.
       (3) Numerous studies have demonstrated that children in 
     foster care fall behind the general student population with 
     respect to test scores, graduation rates, and successful 
     transitions to postsecondary education.
       (4) Only one-third of high school students in foster care 
     graduate on time and only 3 percent of such students graduate 
     from college.
       (5) On average, children in foster care move to new foster 
     care placements 2 times per year, and often change schools 
     when they move.
       (6) Studies indicate that with each school move, children, 
     on average, fall 4 to 6 months behind their classmates. 
     Because foster children often change schools multiple times, 
     it is difficult for them to make significant educational 
     progress.
       (7) Children in foster care are frequently denied the 
     ability to remain in the same school as a result of changes 
     in their living situations.
       (8) In addition, children in foster care who are required 
     to change schools are frequently denied immediate enrollment 
     in a new school, which results in detrimental disruptions to 
     their education.
       (9) Moreover, the enrolling school frequently does not have 
     access to the child's complete and accurate education 
     records, which often results in the child's placement in 
     inappropriate classes and educational settings.
       (10) When foster children change schools, they often have 
     difficulties transferring credits from previous schools and 
     meeting the new set of graduation requirements in their new 
     school.
       (11) In 2008, Congress enacted the Fostering Connections to 
     Success and Increasing Adoptions Act of 2008 (Public Law 110-
     351), which requires, among other things, child welfare 
     agencies to ensure that a child in foster care remains in the 
     same school after moving to a new placement or, when 
     remaining in the same school is not in the child's best 
     interest, is enrolled in a new school immediately, and that 
     the child's education records are transferred promptly. While 
     the Fostering Connections to Success and Increasing Adoptions 
     Act of 2008 requires child welfare agencies to coordinate 
     with local educational agencies, the local educational 
     agencies must play a critical role in the process. Otherwise, 
     the education provisions of the Act cannot be fully 
     implemented.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) in order to successfully meet the needs of the 500,000 
     children in foster care in the United States, State 
     educational agencies, local educational agencies, State child 
     welfare agencies, and local child welfare agencies must work 
     together at the Federal, State, and local level to--
       (A) address the unique needs of this population; and
       (B) ensure school stability, immediate enrollment, and 
     access to appropriate services; and
       (2) such efforts will significantly increase the secondary 
     school graduation rates and improve educational outcomes for 
     children in foster care.

     SEC. 3. PURPOSE.

       The purpose of this Act is to ensure that the educational 
     needs of children in foster care are addressed in a seamless 
     and complete manner by--
       (1) requiring the State educational agency of a recipient 
     State to work together with the State child welfare agency to 
     ensure that the educational needs of each child in foster 
     care in the State are being met;
       (2) requiring local child welfare agencies and local 
     educational agencies of a recipient State to work together to 
     ensure that the educational needs of each child in foster 
     care in the State are being met;

[[Page S11598]]

       (3) ensuring that issues related to stability in education, 
     school attendance, and the proper handling of information, 
     including education records and health records, are 
     coordinated between schools and child welfare agencies; and
       (4) ensuring that a coordinated process is utilized to 
     address the best interest and needs of the child with regard 
     to school placements, school attendance, access to 
     appropriate education services, and required supports, 
     including the provision of transportation services to ensure 
     school stability.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Child in foster care.--The term ``child in foster 
     care'' means a child whose care and placement is the 
     responsibility of the State or Tribal agency that administers 
     a State plan under part B or E of title IV of the Social 
     Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without 
     regard to whether foster care maintenance payments are made 
     under section 472 of the Social Security Act (42 U.S.C. 672) 
     on behalf of the child.
       (2) Court representative.--The term ``court 
     representative'' means an individual appointed by a court to 
     represent a child in a juvenile court dependency proceeding.
       (3) Education decisionmaker.--The term ``education 
     decisionmaker'' means--
       (A) a parent of a child in foster care; or
       (B) a person identified by the dependency court to make 
     education decisions for a child in foster care who is someone 
     other than the child's parent.
       (4) Education records.--The term ``education records'' 
     means documents and other materials relating to a child's 
     enrollment and education, including transcripts, reports, 
     plans, evaluations, and assessments maintained by a local 
     educational agency.
       (5) Elementary school.--The term ``elementary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Enrollment.--The term ``enrollment'' means attending 
     classes in a public preschool program, an elementary school, 
     or secondary school and participating fully in the activities 
     of such school or program.
       (7) Local child welfare agency.--The term ``local child 
     welfare agency'' means, with respect to a child in foster 
     care, the public agency in the local political subdivision 
     where the child resides, or the Indian tribe or tribal 
     organization, that is responsible for the placement and care 
     of the child.
       (8) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (9) Parent.--The term ``parent'' means a biological or 
     adoptive parent or a legal guardian of a child, as determined 
     under applicable State law.
       (10) Placement.--The term ``placement'' means the current 
     or proposed living situation for a child in foster care, 
     which can include a group home or other congregate care 
     setting.
       (11) Public agency.--The term ``public agency'' means any 
     State or local government entity.
       (12) Public preschool program.--The term ``public preschool 
     program'' means a preschool program funded, administered, or 
     overseen by a State educational agency, local educational 
     agency, or other State agency.
       (13) Recipient state.--The term ``recipient State'' means a 
     State that receives funds under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.).
       (14) School of origin.--The term ``school of origin'' 
     means, with respect to a child in foster care, any of the 
     following:
       (A) The school in which the child was enrolled prior to 
     entry into foster care.
       (B) The school in which the child is enrolled when a change 
     in foster care placement occurs or is proposed.
       (C) The school the child attended when last permanently 
     housed, as such term is used in section 722(g)(3)(G) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11432(g)(3)(G)).
       (15) School attendance area.--The term ``school attendance 
     area'' has the meaning given the term in section 
     1113(a)(2)(A) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6313(a)(2)(A)).
       (16) School selection decision.--The term ``school 
     selection decision'' means a school selection decision as 
     described in section 101(b)(4).
       (17) Secondary school.--The term ``secondary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.).
       (18) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (19) Special education and related services.--The terms 
     ``special education'' and ``related services'' have the 
     meaning given such terms in section 602 of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1401).
       (20) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (21) State child welfare agency.--The term ``State child 
     welfare agency'' means the State agency responsible for 
     administering the programs authorized under subpart 1 of part 
     B and part E of title IV of the Social Security Act (42 
     U.S.C. 621 et seq.; 670 et seq.).
       (22) State educational agency.--The term ``State 
     educational agency'' has the meaning given the term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).

     SEC. 5. REGULATIONS.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary shall develop, issue, and publish in the 
     Federal Register a notice of proposed rulemaking to implement 
     the provisions of this title. The issuance, amendment, and 
     repeal of any regulations promulgated under this title shall 
     comply with section 553 of title 5, United States Code.

     SEC. 6. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act shall take effect on the date of enactment 
     of this Act, except that subtitle A, and the amendments made 
     by such subtitle, shall apply with respect to recipient 
     States that receive funds under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) on or after the date of enactment of this Act.

        TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARE

Subtitle A--Required Educational Rights, Protections, and Services for 
                        Children in Foster Care

     SEC. 101. REQUIRED EDUCATIONAL RIGHTS, PROTECTIONS, AND 
                   SERVICES FOR CHILDREN IN FOSTER CARE.

       (a) Rights of Children in Foster Care.--Each recipient 
     State shall ensure that each child in foster care in the 
     State has the following rights:
       (1) School attendance.--
       (A) School of origin.--A child in foster care shall have 
     the right to enroll in, or continue to enroll in, any of the 
     child's schools of origin when the child is placed in foster 
     care and during all subsequent changes in placement 
     (including when the child returns home, as required under 
     subparagraph (B)), unless it is determined through the school 
     selection decision process that it is in the child's best 
     interest to be immediately enrolled in a different school.
       (B) School upon permanent placement.--In the case of a 
     child in foster care for whom the child welfare case is 
     closed as a result of the child returning home or achieving 
     another permanency outcome during a school year--
       (i) the child shall be entitled to complete the school year 
     in the school that the child is attending unless the entity 
     making the school selection decision determines that a change 
     in schools is in the child's best interest; and
       (ii) necessary transportation to the current school shall 
     be arranged and funded by the local educational agency in 
     which the current school is located.
       (2) Treatment as resident.--A child in foster care who 
     remains in a school of origin shall be treated by the local 
     educational agency serving such school as if the child 
     resides in the school district and is entitled to all school 
     privileges.
       (3) Immediate enrollment.--If it is determined through the 
     school selection process that it is not in the best interest 
     of a child in foster care to attend a school of origin, or if 
     a school selection decision is not sought for the child, the 
     child shall have the right to be immediately enrolled in a 
     new school in the child's school attendance area, regardless 
     of the status of records normally required for enrollment 
     such as previous academic records, medical or immunization 
     records, proof of residency, or other documentation or 
     requirements.
       (4) Records.--
       (A) In general.--The education records of a child in foster 
     care shall be--
       (i) maintained so that the records are available, in a 
     timely fashion, when a child enters a new school or school 
     district;
       (ii) immediately sent to the enrolling school as complete 
     as possible, even if the student 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 (commonly referred to as 
     the ``Family''(20 U.S.C. 1232g).
       (B) Records for academic decisions.--The education records 
     needed for academic placement decisions and decisions 
     regarding the transfer of school course credits for a child 
     in foster care shall be released immediately to an enrolling 
     school by facsimile or other available electronic means.
       (5) Equal access.--Each child in foster care shall have 
     equal access to the same education and opportunities as other 
     students attending the school or school district, including--
       (A) having the same opportunities, access, and services 
     needed to meet the challenging State student academic 
     achievement standards under section 1111(b)(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)) that are provided to other students;
       (B) receiving educational services and transportation 
     services that are comparable to the services offered other 
     children in the child's school;
       (C) having--
       (i) equal access to the full range of educational 
     offerings, including--

       (I) services under title I of such Act (20 U.S.C. 6311 et 
     seq.);
       (II) publicly funded early childhood programs and public 
     preschool programs;

[[Page S11599]]

       (III) Early Head Start or Head Start programs under the 
     Head Start Act (42 U.S.C. 9801 et seq.);
       (IV) public charter and magnet schools;
       (V) Advanced Placement courses and dual enrollment higher 
     education courses;
       (VI) career and technical education programs;
       (VII) summer school; and
       (VIII) extracurricular activities; and

       (ii) as appropriate, prioritization in the educational 
     offerings described in clause (i) in accordance with Federal 
     and State law;
       (D) being integrated with other students in all schools or 
     programs within a school that are operated, licensed, or 
     funded by a public entity;
       (E) attending the elementary school or secondary school 
     that serves the child's school attendance area unless--
       (i) the student has an individualized education program 
     under section 614 of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1414) requiring placement in an 
     alternative setting, in another public school in the same or 
     another local educational agency, or in a private school;
       (ii) it is in the child's best interest to enroll in a 
     school of origin that is not the school that serves the 
     child's school attendance area, based on the school selection 
     decision for the child; or
       (iii) the education decisionmaker consents to another 
     appropriate school placement.
       (6) Transportation.--
       (A) In general.--A child in foster care shall be provided 
     with free transportation to and from the child's school of 
     origin or other school in which the child is enrolled, in 
     accordance with this subsection, paragraphs (4)(H) and (5)(D) 
     of subsection (b), and section 475(1)(G)(ii)(II) of the 
     Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)).
       (B) Children with disabilities.--In the case of a child in 
     foster care that receives services under part A or C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq., 1431 et seq.), nothing in this Act or section 
     475(G)(ii)(II) of the Social Security Act (42 U.S.C. 
     675(1)(G)(ii)(II)) shall relieve a local educational agency 
     of the agency's responsibility to provide the child with 
     transportation as part of such services.
       (b) Requirements of Education System for Children in Foster 
     Care.--In order to provide each child in foster care with the 
     rights described in subsection (a), each recipient State 
     shall meet the following requirements:
       (1) Policy review and revision.--
       (A) In general.--Not more than 120 days after the effective 
     date of this Act, any State or local educational agency in 
     the State that has a school attendance law or other law, 
     regulation, practice, or policy that may prohibit enrollment 
     in, or attendance at, a school of origin for a child in 
     foster care or that may prohibit implementation of any other 
     requirement of this title, shall undertake steps to revise 
     such law, regulation, practice, or policy to ensure that 
     children in foster care--
       (i) are afforded the same free, appropriate public 
     education as is provided to other children; and
       (ii) receive the protections of this subtitle.
       (B) No delay.--Nothing in this subsection shall be 
     construed to permit a State or local educational agency to 
     delay implementation of this Act until such review and 
     revision is completed.
       (2) Coordinator.--
       (A) In general.--The State shall designate a coordinator 
     within the State educational agency to be the lead staff 
     member to implement this title.
       (B) Collaboration.--The coordinator shall collaborate with 
     representatives from the State child welfare agency, the 
     State's program supported under subtitle B of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), when 
     appropriate, and with all other State and local agencies 
     necessary to implement the requirements of this title and the 
     provisions of parts B and E of title IV of the Social 
     Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) 
     relating to the educational needs of children in foster care.
       (C) Special rule.--In the case of a State that receives a 
     grant under section 111 in an amount that is more than the 
     minimum allotment described in section 111(b)(1)(B), the 
     coordinator under this paragraph for the State shall not be 
     the same individual who is assigned the role of State 
     Coordinator for purposes of the State's program supported 
     under subtitle B of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432 et seq.).
       (D) Responsibilities.--The responsibilities of a 
     coordinator described in subparagraph (A) shall include, at 
     minimum--
       (i) ensuring that the requirements of this title and 
     clauses (ii)(II), (iii), and (iv) of section 475(1)(G) of the 
     Social Security Act (42 U.S.C. 675(1)(G)) are carried out;
       (ii) gathering and making public information on the 
     problems children in foster care have in gaining access to 
     public preschool programs and schools;
       (iii) monitoring the progress of the State and local 
     educational agencies in addressing any problems or 
     difficulties in meeting the requirements of this title;
       (iv) ensuring the success of the programs under this title;
       (v) providing technical assistance to local educational 
     agencies and local child welfare agencies on how to comply 
     with this title;
       (vi) collecting data related to the implementation of this 
     title and the educational outcomes of children in foster care 
     and reporting such information to the appropriate State 
     officials and to the Secretary; and
       (vii) ensuring effective implementation of a dispute 
     resolution procedure, as described in paragraph (5), and a 
     complaint management system, as described in paragraph (6).
       (3) Foster care liaison.--
       (A) In general.--The State educational agency shall ensure 
     that each local educational agency in the State designates a 
     foster care liaison with sufficient capacity, resources, and 
     time to fulfill the requirements of this title effectively.
       (B) Responsibilities.--The foster care liaison shall 
     ensure, at minimum, that--
       (i) each child in foster care served by the local 
     educational agency is--

       (I) identified for purposes of this title;
       (II) enrolled in the appropriate public preschool program 
     or elementary or secondary school, in accordance with any 
     school selection decision made for the child; and
       (III) has a full and equal opportunity to succeed in the 
     child's school program and receive educational services for 
     which the child is eligible, including--

       (aa) special education and related services and protections 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.);
       (bb) programs under title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.);
       (cc) English as a Second Language programs, including 
     programs under title III of such Act (20 U.S.C. 6801 et 
     seq.); and
       (dd) early childhood and preschool programs;
       (ii) the parents and education decisionmaker of the child 
     in foster care, and the child welfare agency representative, 
     are informed of the opportunities available to the child 
     under this title;
       (iii) school personnel are adequately prepared to implement 
     this title; and
       (iv) the local educational agency serving the child works 
     collaboratively with individuals designated by the local 
     child welfare agency to ensure--

       (I) that child welfare agency personnel are informed of the 
     rights of children in foster care and responsibilities of the 
     State and local agencies under this title;
       (II) that a child in foster care in a school served by the 
     local educational agency has school stability and is promptly 
     enrolled in a school in accordance with any school selection 
     decision made for the child;
       (III) that the child is provided with special education 
     evaluations and services, as needed, and if the child is a 
     child with a disability, as defined in section 602 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1401), 
     the arrangement for, and provision of, the transportation, 
     records transfers, and special education and related services 
     as required under such Act, including--

       (aa) the timely conduct of evaluations as required by 
     section 614(a) of such Act (20 U.S.C. 1414(a));
       (bb) the prompt transmittal of records under section 
     614(d)(2)(C)(ii) of such Act (20 U.S.C. 1414(d)(2)(C)(ii)); 
     and
       (cc) when appropriate, the appointment of a surrogate 
     parent for a child required under section 615(b)(2) or 
     639(a)(5) of such Act (20 U.S.C. 1415(b)(2), 1439(a)(5)); and

       (IV) the appointment by the appropriate court of an 
     education decisionmaker for the child for purposes of this 
     title, as needed.

       (4) School selection decision.--
       (A) In general.--Upon a request made in accordance with 
     subparagraph (C), the appropriate entity described in 
     subparagraph (B) shall make an individualized school 
     selection decision on an expedited basis for a child in 
     foster care regarding whether it is in the child's best 
     interest to attend a school of origin or to be immediately 
     enrolled in the appropriate school where the child resides.
       (B) Entities making school selection decisions.--The school 
     selection decision shall be made by the local educational 
     agency that serves the school of origin in which enrollment 
     is sought for a child in foster care, unless the State 
     determines the school selection decision shall be made solely 
     by--
       (i) the dependency court;
       (ii) the State child welfare agency; or
       (iii) the local child welfare agency.
       (C) Initiating a school selection decision.--
       (i) In general.--The local child welfare agency responsible 
     for a child in foster care shall, after consultation with the 
     child and with the education decisionmaker and parent of the 
     child, initiate the school selection decision process under 
     this paragraph if the agency believes that a child should 
     remain or enroll in a school of origin.
       (ii) Timing.--A school selection decision may be requested 
     for a child in foster care each time the child's placement is 
     changed or a placement change for the child is proposed.
       (iii) Notification of foster care liaison.--The local child 
     welfare agency shall notify the foster care liaison described 
     in paragraph (3) for the local educational agency serving the 
     school in which the agency wants the child to remain or 
     enroll to initiate the school selection decision process.
       (iv) Exception.--If the local child welfare agency has not 
     initiated the school selection process, the child's education 
     decisionmaker may do so by contacting the appropriate foster 
     care liaison described in clause (iii).
       (D) Dependency court decision.--Notwithstanding any other 
     provision of this subsection, if the court with dependency 
     jurisdiction over a child in foster care initiates or

[[Page S11600]]

     makes a school selection decision for such child, or appoints 
     another person to initiate or make a school selection 
     decision, the court's determination shall be binding on all 
     parties, the State educational agency, and the appropriate 
     local educational agency.
       (E) Sources of information; factors.--
       (i) Sources of information.--The entity making the school 
     selection decision for a child in foster care shall consider 
     information and factors provided by--

       (I) the State child welfare agency, local child welfare 
     agency, State educational agency, local educational agency, 
     or other public agency; and
       (II) individuals who have knowledge about the child's 
     education, including the child and the parent, educational 
     decisionmaker, foster parent, court representative, and 
     teachers of the child.

       (ii) Information and factors.--The information and factors 
     described in clause (i) shall include--

       (I) the harmful impact of school mobility on the child's 
     academic progress, achievement, and social and emotional 
     well-being;
       (II) the age of the child;
       (III) the impact the commute to school may have on the 
     child's education or well-being;
       (IV) personal safety issues, including safety as it relates 
     to family violence;
       (V) the child's need for special instruction, including 
     special education and related services, and where those needs 
     can best be met;
       (VI) the length of stay in foster care, placement type, and 
     permanency plan for the child;
       (VII) the time remaining in the school year;
       (VIII) the school placement of family members;
       (IX) the number of previous school changes;
       (X) the child's connection to the school of origin under 
     consideration;
       (XI) the extent to which the educational program of the 
     school of origin is appropriate, meets the child's needs and 
     interests, and nurtures the child's talents; and
       (XII) the availability of special programs, academically 
     rigorous courses, and extra-curricular activities that are 
     appropriate for the child.

       (F) Considerations.--An entity making a school selection 
     decision under this paragraph shall consider the wishes of 
     the child.
       (G) Excluded factors.--The cost of transportation to or 
     from a school shall not be a consideration when making a 
     school selection decision.
       (H) Transportation.--
       (i) In general.--The local educational agency serving the 
     school of origin in which a child in foster care shall remain 
     or enroll, based on the school selection decision for the 
     child, shall collaborate with the local child welfare agency 
     to ensure that the child is provided transportation to the 
     school of origin in a cost effective manner and in accordance 
     with section 475(1)(G)(ii)(II) of the Social Security Act (42 
     U.S.C. 675(1)(G)(ii)(II)).
       (ii) Cost of transportation.--In carrying out clause (i), a 
     local educational agency shall provide the transportation 
     described in such clause for a child in foster care if--

       (I) the local child welfare agency reimburses the local 
     educational agency for the cost of such transportation, in 
     accordance with section 475(1)(G)(ii)(II) of the Social 
     Security Act (42 U.S.C. 675(1)(G)(ii)(II));
       (II) the local educational agency agrees to pay for the 
     cost of such transportation; or
       (III) the local educational agency and the local child 
     welfare agency agree to share the cost of such 
     transportation.

       (5) School selection decision dispute resolution.--
       (A) In general.--The State educational agency, or another 
     State agency designated by the State, shall develop and 
     oversee a fair and impartial dispute resolution procedure to 
     promptly resolve school selection decision disputes, except 
     that such procedure shall not be applied to disputes 
     regarding school selection decisions made by a court.
       (B) Components of dispute resolution.--The dispute 
     resolution procedure described in subparagraph (A) shall 
     include, at a minimum--
       (i) a procedural safeguard system to resolve disputes and 
     render prompt school selection decisions;
       (ii) written notice of the school selection decision and 
     basis for the decision to the--

       (I) parent, education decisionmaker, and court 
     representative of the child; and
       (II) local child welfare agency serving the child;

       (iii) a right to appeal a school selection decision, an 
     impartial and prompt review of such decision, and a written 
     determination of the administrative appeal; and
       (iv) a right to initiate a dispute under this paragraph 
     that is provided to--

       (I) the parent, education decisionmaker, and court 
     representative of the child; and
       (II) a representative from the local child welfare agency 
     or local educational agency serving the child.

       (C) School placement during dispute.--If a dispute arises 
     over the school selection decision, the child shall remain in 
     the child's current school until full resolution of the 
     dispute, unless--
       (i) the dependency court determines otherwise and selects a 
     different school for the child; or
       (ii) the State child welfare agency or local child welfare 
     agency with responsibility for the child determines that the 
     child's health or safety would be at risk if the child 
     remained in such school prior to a determination made under 
     subparagraph (A) and selects a different school for the 
     child.
       (D) Transportation.--In the case of a dispute under this 
     paragraph regarding a child in foster care, the local 
     educational agency where the child is attending school 
     pending the resolution of the dispute, as determined under 
     subparagraph (C), shall collaborate with the local child 
     welfare agency to ensure transportation is provided, as 
     required under section 101(a)(6), for the child to such 
     school, until the full resolution of the dispute in 
     accordance with this paragraph.
       (6) Complaint management system.--Each State shall maintain 
     a complaint management system by which individuals and 
     organizations acting on behalf of a child in foster care can 
     request that the State investigate and correct violations of 
     this subtitle in a timely manner on behalf of a child in 
     foster care or a group of children in foster care.
       (7) School readiness for children in foster care.--
       (A) State and local educational agencies.--Each State 
     educational agency and local educational agency shall ensure 
     that public preschool programs funded, administered, or 
     overseen by such agency--
       (i) provide preschool-aged children in foster care with the 
     rights described in subsection (a), and comply with the 
     requirements of this subsection with respect to such 
     children, except that such programs shall not be required to 
     enroll a child in foster care immediately in a public 
     preschool program that is operating at full capacity when 
     enrollment for the child is sought, unless otherwise required 
     by State law;
       (ii) identify and prioritize preschool-aged children in 
     foster care for enrollment and increase such children's 
     enrollment and attendance in the public preschool program, 
     through activities such as--

       (I) reserving spaces in public preschool programs for 
     children in foster care;
       (II) conducting targeted outreach to local child welfare 
     agencies and foster care providers;
       (III) waiving application deadlines;
       (IV) providing ongoing professional development for staff 
     regarding the needs of children in foster care and their 
     families and strategies to serve such children and families; 
     and
       (V) developing capacity to serve all children in foster 
     care in the area served by such agency; and

       (iii) review the educational and related needs of children 
     in foster care and their families in such agencies' service 
     areas, in coordination with the State child welfare agency, 
     the local child welfare agency, and the foster care liaison 
     designated under paragraph (3), and develop policies and 
     practices to meet identified needs.
       (B) Other state agencies.--In the case of public preschool 
     programs that are not funded, administered, or overseen by 
     the State educational agency or a local educational agency, 
     the State agency that funds such public preschool programs 
     shall--
       (i) develop, review, and revise its policies and practices 
     to remove barriers to the enrollment, attendance, retention, 
     and success of children in foster care in public preschool 
     programs funded, administered, or overseen by the agency;
       (ii) provide preschool-aged children in foster care with 
     the rights described in subsection (a), and comply with the 
     requirements of this subsection with respect to such 
     children, except that such programs--

       (I) shall not be required to enroll a child in foster care 
     immediately in a public preschool program that is operating 
     at full capacity when enrollment is sought for the child, 
     unless otherwise required by State law;
       (II) shall not be subject to the dispute resolution 
     procedures of the State educational agency or local 
     educational agencies, but shall--

       (aa) 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 the education decisionmaker, court representative of a 
     child in foster care, and a representative from the local 
     child welfare agency; and
       (bb) provide such individuals with a written explanation of 
     their dispute and appeal rights; and

       (III) shall not be subject to the transportation 
     requirements of paragraph (5)(D) and subsection (a)(6), but 
     shall remove barriers to existing transportation services for 
     children in foster care and shall, to the maximum extent 
     practicable, arrange or provide transportation for children 
     in foster care to attend public preschool programs, including 
     the children's school of origin;

       (iii) identify and prioritize children in foster care for 
     enrollment and increase such children's enrollment and 
     attendance in public preschool programs, including through 
     activities described in subclauses (I) through (V) of 
     subparagraph (A)(ii); and
       (iv) review the educational and related needs of children 
     in foster care and the children's families in the State, in 
     coordination with the coordinator described in paragraph (2), 
     and develop policies and practices to meet identified needs.
       (C) School of origin.--For the purposes of applying this 
     paragraph, a reference to a school shall be deemed to include 
     a public preschool program.
       (8) Sharing information.--
       (A) In general.--The State educational agency and local 
     educational agency shall

[[Page S11601]]

     review and eliminate any barriers to information-sharing with 
     State child welfare agencies and local child welfare 
     agencies, while continuing to protect the privacy interests 
     of children and families, as required by Federal or State 
     law.
       (B) Immediate availability.--To ensure a child in foster 
     care's immediate enrollment in a new school (including a 
     preschool program), all education records of the child shall 
     be made available in accordance with subsection (a)(4). A 
     school sending education records shall ensure that the 
     records are as complete and accurate as possible.
       (C) Compliance with ferpa.--Education records of a child in 
     foster care shall be--
       (i) maintained and provided to other schools in a manner 
     consistent with section 444 of the General Education 
     Provisions Act (commonly referred to as the ``Family 
     Educational Rights and Privacy Act of 1974'') (20 U.S.C. 
     1232g); and
       (ii) provided to the child welfare agency or other child 
     welfare system advocates in a manner that complies with such 
     section.
       (D) Expedited transfer.--Each foster care liaison described 
     in paragraph (3) and coordinator described in paragraph (2) 
     within a State shall work to expedite the transfer of 
     education records of children in foster care.
       (9) Transfer of credits; diploma.--
       (A) Transfer of credits.--The State shall have a system for 
     ensuring that--
       (i) a child in foster care who is changing schools can 
     transfer school credits and receive partial credits for 
     coursework satisfactorily completed while attending a prior 
     school or educational program; and
       (ii) a child in foster care is afforded opportunities to 
     recover school credits lost due to placement instability 
     while in foster care.
       (B) Eliminating barriers.--The State shall undertake steps 
     to eliminate barriers to allowing a child in foster care who 
     has experienced multiple school placements to receive a 
     secondary school diploma either from one of the school 
     districts in which the student was enrolled or through a 
     State-issued secondary school diploma system.
       (10) Equal access.--
       (A) In general.--The State and each local educational 
     agency of the State shall take steps to eliminate barriers to 
     access for children in foster care to academic, nonacademic, 
     or extracurricular programs that are created by application 
     or entrance deadlines and other admissions requirements that 
     children in foster care cannot meet because of frequent 
     school changes.
       (B) No forced private placement.--The State shall ensure 
     that each group home or placement facility in the State in 
     which a child in foster care may be placed does not 
     explicitly or implicitly condition such placement on 
     attendance at a private school owned or operated by an agency 
     associated with the facility.
       (C) No school segregation.--The State shall ensure that a 
     child in foster care, including a child residing in a group 
     home or placement facility--
       (i) shall not be educated in a segregated setting due to 
     the child's status as a child in foster care; and
       (ii) shall have access to--

       (I) a public elementary school or secondary school; or
       (II) in the case of a child with an individualized 
     education program under section 614 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1414), an alternative 
     setting, if required under such plan.

       (11) Collaboration in developing child-specific case 
     plans.--
       (A) In general.--Each local educational agency of the State 
     shall collaborate, at the local child welfare agency's 
     request, with the local child welfare agency with respect to 
     the following to ensure that educational issues for children 
     in foster care are appropriately identified and addressed:
       (i) The development of the following components of the case 
     plan required for children in foster care:

       (I) The written description of the programs and services 
     which will help the child prepare for the transition from 
     foster care to independent living required under subparagraph 
     (D) of section 475(1) of the Social Security Act (42 U.S.C. 
     675(1)).
       (II) The plan for ensuring the educational stability of the 
     child while in foster care required under subparagraph (G) of 
     section 475(1) of the Social Security Act (42 U.S.C. 675(1)).

       (ii) The requirement under subparagraph (H) of section 
     475(5) of the Social Security Act (42 U.S.C. 675(5)) to 
     provide a child in foster care with assistance and support in 
     developing a transition plan for aging out of foster care to 
     independent living.
       (iii) The programs and activities, including vouchers for 
     education and training, including postsecondary training and 
     education, for youths who have aged out of foster care, 
     carried out under the John H. Chafee Foster Care Independence 
     Program established under section 477 of the Social Security 
     Act (42 U.S.C. 677).
       (iv) All other child welfare agency-based planning that 
     relate to educational issues for a child in foster care or a 
     child transitioning out of foster care to independent living.
       (B) Contents.--The local child welfare agency shall specify 
     in the case plan required for children in foster care under 
     parts B and E of title IV of the Social Security Act the 
     local educational agency's role in providing guidance, 
     information, and support to implement the education-related 
     provisions of the plan.
       (C) Local educational agency role.--Each local educational 
     agency of the State shall--
       (i) cooperate with the implementation of programs, 
     activities, services, and vouchers described in subparagraph 
     (A); and
       (ii) ensure that such programs, activities, services, and 
     vouchers are coordinated with any education plans developed 
     by the local educational agency, including, when appropriate, 
     any plan for transition services for a child in foster care 
     that is included in the child's individualized education 
     program, as required under section 614(d) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1414(d)).
       (12) Collecting information.--
       (A) In general.--The State shall collect valid and reliable 
     information as needed to report annually to the Secretary on 
     the State's progress in meeting the requirements of this 
     title. Such report shall include, at a minimum--
       (i) the number of children in foster care enrolled in 
     school and in public preschool programs;
       (ii) the number of such children who remained in the 
     child's school of origin;
       (iii) the number of such children who experienced 
     enrollment delays;
       (iv) State assessment scores disaggregated for children in 
     foster care;
       (v) secondary school graduation rates, including on-time 
     graduation rates, for such children;
       (vi) the number of such children who repeated grades; and
       (vii) the number of such children who--

       (I) are eligible for special education and related 
     services; or
       (II) receive services under title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

       (B) Information sharing.--The State educational agency and 
     local educational agencies shall collaborate with the State 
     child welfare agency and local child welfare agencies to 
     collect and share necessary information in order to generate 
     such reports.
       (c) Collaboration.--To carry out this section, each State 
     educational agency and the local educational agencies of a 
     recipient State shall collaborate with the State child 
     welfare agency and local child welfare agencies of such 
     State.

     SEC. 102. REMEDIES; RULE OF CONSTRUCTION.

       (a) Judicial Remedies.--
       (1) In general.--Any party aggrieved by a finding or 
     decision made under paragraph (5) or (6) of section 101(b), 
     or who otherwise claims that a right provided under this Act 
     has been violated, may bring a civil action in an appropriate 
     district court of the United States.
       (2) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction of actions brought under this title 
     without regard to the amount in controversy.
       (3) Attorney's fees.--In any action or proceeding brought 
     under paragraph (1), the court, in its discretion, may award 
     reasonable attorney's fees and expert witness fees as part of 
     costs to a prevailing party who is acting on behalf of a 
     child in foster care.
       (4) State sovereign immunity.--
       (A) In general.--A recipient State's receipt or use of 
     funds under title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.) shall constitute a 
     waiver of sovereign immunity, under the 11th amendment to the 
     Constitution or otherwise, to a civil action brought under 
     paragraph (1).
       (B) Effective date.--This paragraph shall apply with 
     respect to violations that occur in whole or in part after 
     the effective date of this Act.
       (C) Remedies.--In a civil action against a State for a 
     violation of this paragraph, remedies (including remedies 
     both at law and in equity) are available for such a violation 
     to the same extent as those remedies are available for such a 
     violation in the civil action against any public entity other 
     than a State.
       (b) Rule of Construction.--Nothing in this title shall be 
     construed to restrict or limit the rights, procedures, and 
     remedies available under--
       (1) the Constitution;
       (2) the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11461 et seq.);
       (3) the Fostering Connections to Success and Increasing 
     Adoptions Act of 2008 (Public Law 110-315), or the amendments 
     made by such Act;
       (4) section 444 of the General Education Provisions Act 
     (commonly referred to as the ``Family Educational Rights and 
     Privacy Act of 1974'') (20 U.S.C. 1232g);
       (5) the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.); or
       (6) any other Federal or State law protecting the rights of 
     children in foster care.

     SEC. 103. CONFORMING AMENDMENTS.

       The Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) is amended--
       (1) in section 1111 (20 U.S.C. 6311)--
       (A) in subsection (b)(2), by adding after subparagraph (K) 
     the following:
       ``(L) Accountability for children in foster care.--The 
     accountability provisions under this Act shall ensure that 
     children in foster care, as defined in section 4 of the 
     Fostering Success in Education Act, are included in academic 
     assessment, reporting, and accountability systems, in 
     accordance with paragraph (3)(C)(xi).''; and
       (B) in subsection (c)--
       (i) in paragraph (13), by striking ``and'' at the end;
       (ii) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and

[[Page S11602]]

       (iii) by adding at the end the following:
       ``(15) the State and State educational agency will ensure 
     that the requirements of section 101 of the Fostering Success 
     in Education Act will be satisfied.''; and
       (2) in section 1112(c)(1) (20 U.S.C. 6312(c)(1))--
       (A) in subparagraph (N), by striking ``and'' at the end;
       (B) in subparagraph (O), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(P) comply with the requirements of section 101 of the 
     Fostering Success in Education Act that relate to the local 
     educational agency.''.

        Subtitle B--State Foster Care and Education Plan Grants

     SEC. 111. STATE FOSTER CARE AND EDUCATION PLAN REQUIREMENTS 
                   AND GRANTS.

       (a) General Authority.--From amounts appropriated to carry 
     out this subtitle and not reserved under subsection (b)(2), 
     the Secretary shall make grants to States, from allotments 
     under subsection (b)(1), to enable the States to carry out 
     activities, and award subgrants, in accordance with 
     subsection (d).
       (b) Allotments and Reservation.--
       (1) Allotments.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     Secretary is authorized to make an allotment to each State 
     with an approved State foster care and education plan under 
     subsection (c) for a fiscal year in an amount that bears the 
     same relation to the total amount available under this 
     paragraph for a fiscal year as the number of children in 
     foster care who reside in the State bears to the total number 
     of children in foster care who reside in all States with 
     approved State foster care and education plans.
       (B) Minimum allotments.--The amount of a State's allotment 
     under this paragraph for a fiscal year shall not be less than 
     $300,000.
       (C) Ratable reductions.--In the case of a fiscal year for 
     which the amounts available to carry out this subtitle are 
     not sufficient to award grants to States in the amounts 
     described in subparagraphs (A) and (B), the Secretary shall 
     ratably reduce the amount of all such grants.
       (2) Reservations.--
       (A) Reservation for technical assistance and evaluation.--
     Of the funds made available to carry out this section, the 
     Secretary shall reserve 1 percent of such funds to provide--
       (i) technical assistance to States that receive grants 
     under this subtitle; and
       (ii) rigorous evaluation of the activities funded with 
     grants under this subtitle in accordance with section 113.
       (B) Students in territories.--Of the funds made available 
     to carry out this section, the Secretary shall reserve 0.10 
     percent of such funds to be allocated among the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands, according to their respective 
     need for assistance under this subtitle, as determined by the 
     Secretary.
       (C) Indian students.--Of the funds made available to carry 
     out this section, the Secretary shall reserve 1.0 percent to 
     provide assistance to the Secretary of the Interior for 
     programs that are for Indian children in foster care who are 
     served by schools funded by the Department of Interior and 
     that are consistent with the purposes of the activities 
     described in this subtitle.
       (c) State Foster Care and Education Plan.--
       (1) Eligibility requirement.--No State shall receive a 
     grant under this subtitle unless the State educational agency 
     has submitted to the Secretary, and the Secretary has 
     approved under section 113(a)(1), a State foster care and 
     education plan (referred to in this section as the ``plan'') 
     that--
       (A) includes the information described in paragraph (3); 
     and
       (B) describes the specific responsibilities and procedures 
     undertaken by each applicable agency of the State to meet the 
     requirements of subsections (e) and (f) and subtitle A.
       (2) Approval, review, and resubmission.--
       (A) Development and approval.--The plan for a State shall 
     be--
       (i) developed by the State educational agency, in 
     collaboration with the State child welfare agency; and
       (ii) approved by the chief executive officer of the State 
     before submission to the Secretary.
       (B) Annual review.--Each State receiving a grant under this 
     subtitle shall review the plan annually, in collaboration 
     with the State child welfare agency and the State educational 
     agency, to determine the State's compliance with the plan, 
     including a review of the--
       (i) information collected under section 101(b)(12); and
       (ii) the State's progress in eliminating barriers 
     identified under paragraph (3)(B).
       (C) Resubmission.--Each State receiving a grant under this 
     subtitle shall resubmit the plan, with amendments as 
     necessary, after collaboration with the State child welfare 
     agency and approval by the chief State official in charge of 
     the State's child welfare system, every 3 years for review 
     and approval by the Secretary.
       (3) Plan contents.--The plan shall address how each right 
     and requirement under section 101 will be achieved, 
     including--
       (A) the method by which the State will monitor local 
     educational agencies and other local agencies with 
     responsibility under this title to ensure compliance with 
     this title;
       (B) an analysis of the State and local barriers to meeting 
     the requirements of this title, including the barriers 
     described in paragraphs (8), (9)(B), and (10) of section 
     101(b), and specific steps taken to eliminate those barriers;
       (C) a description of, and protocol for, how State foster 
     care coordinators described in section 101(b)(2) and foster 
     care liaisons described in section 101(b)(3) will work 
     collaboratively with State child welfare agencies and local 
     child welfare agencies to implement the provisions of this 
     title;
       (D) detailed procedures for making the school selection 
     decisions for children in foster care in the State in 
     accordance with section 101(b)(4);
       (E) clear procedures regarding how transportation to 
     maintain each child in foster care in the appropriate school 
     will be provided, arranged, and funded;
       (F) an explanation of how the State will--
       (i) ensure transfers of school credits and partial credits 
     for children in foster care who experience multiple school 
     moves; and
       (ii) eliminate barriers to allowing such children to obtain 
     secondary school diplomas as required under section 
     101(b)(4);
       (G) an explanation of how the State will put in place a 
     procedural safeguard system that meets the requirements of 
     section 101(b) and protects the rights of children in foster 
     care, as described in section 101(a), and how such system 
     will--
       (i) operate;
       (ii) resolve disputes about school stability, immediate 
     enrollment, and eligibility for services under the title;
       (iii) provide notice to children in foster care, and the 
     parents, educational decision makers, and court 
     representatives, of the rights of children under section 
     101(a) and the processes for obtaining a school selection 
     decision for the child and for resolving disputes under 
     section 101(b); and
       (iv) protect the child's rights under section 101(a) during 
     the resolution of any disputes;
       (H) a description of how the State has involved, and will 
     continue to involve, individuals representing all critical 
     stakeholders involved with children in foster care, including 
     children in foster care, parents, education decisionmakers, 
     foster parents and other caretakers, caseworkers, court 
     representatives, and judges, in the development of the plan 
     and when making decisions about policies and procedures to 
     implement this title;
       (I) a description of how training needs relating to 
     children in foster care will be identified and addressed 
     for--
       (i) critical stakeholders in the State educational agency, 
     local educational agencies, the State child welfare agency, 
     and local child welfare agencies; and
       (ii) other necessary parties involved with children in 
     foster care;
       (J) a description of how local educational agencies in the 
     State, in collaboration with local child welfare agencies, 
     will meet the requirements of subsection (f), section 
     101(b)(1), and other provisions in this title relating to 
     local educational agencies;
       (K) a description of services or policies needed for 
     children in foster care to meet the same challenging student 
     academic achievement standards under section 1111(b)(1) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)) to which other children are held, and a 
     description of the steps that will be taken to create and 
     implement those services or policies;
       (L) a description of all efforts to promote efficient 
     record maintenance and sharing to further the purposes of 
     this title while protecting confidentiality rights under 
     section 444 of the General Education Provisions Act (commonly 
     referred to as the ``Family Educational Rights and Privacy 
     Act of 1974'') (20 U.S.C. 1232g) and other laws;
       (M) a description of how immediate enrollment for children 
     in foster care, as required under section 101(a)(3), will be 
     achieved, including how any record requirements in effect as 
     of the date of the plan will be addressed so as to not delay 
     enrollment;
       (N) a description of the system that will ensure the timely 
     transfer of education and health records of children in 
     foster care and an explanation of how any delay in such 
     transfer will not interfere with immediate enrollment; and
       (O) procedures for periodically monitoring local 
     educational agency compliance with the requirements of this 
     title and for maintaining a complaint management system as 
     required under section 101(b)(12).
       (d) Use of Funds.--A State receiving an allotment under 
     this subtitle shall use--
       (1) not more than 25 percent of the State's allotment to 
     carry out the State plan under subsection (c), meet the 
     requirements under subsections (e) and (f), and carry out 
     activities, directly or through grants or contracts, to 
     further the purposes of this title; and
       (2) not less than 75 percent of the State's allotment to 
     award subgrants under section 112.
       (e) State Requirements.--
       (1) State educational agency role.--
       (A) In general.--The State educational agency of a State 
     receiving a grant under this subtitle shall be responsible 
     for--
       (i) the general administration and supervision of programs 
     and activities receiving funds under this subtitle, including 
     the activities described in paragraph (2) and subgrants 
     awarded under section 112;
       (ii) monitoring programs and activities used by the State 
     to carry out this title, whether or not such programs or 
     activities

[[Page S11603]]

     are receiving assistance under this subtitle; and
       (iii) ensuring that the State is in compliance with the 
     requirements under this title.
       (B) Collaboration.--A State educational agency shall 
     collaborate with the State child welfare agency in carrying 
     out the responsibilities under this paragraph.
       (2) Activities.--Each State receiving a grant under this 
     subtitle shall carry out the following activities:
       (A) Stakeholder council.--
       (i) In general.--The State educational agency shall 
     establish a Stakeholder Council (referred to in this 
     paragraph as the ``Council'') that meets publicly on not less 
     than a semiannual basis.
       (ii) Membership.--The members of the Council shall include, 
     at a minimum--

       (I) a designee from the State educational agency;
       (II) a designee from the State child welfare agency; and
       (III) individuals representing local educational agencies, 
     local child welfare agencies, juvenile courts, court 
     representatives, court appointed special advocates, children 
     in foster care, foster parents, and parents.

       (iii) Duties.--The Council shall--

       (I) review the State's policies, practices, data, and other 
     information regarding the implementation of this title;
       (II) review and advise the State on the plan before the 
     plan's submission or resubmission;
       (III) make recommendations regarding procedures and 
     policies for implementing this title;
       (IV) assess progress towards eliminating identified 
     barriers to compliance that are described in subsection 
     (c)(3)(B);
       (V) prepare and submit an annual report to the State 
     educational agency, the State child welfare agency, any other 
     applicable State agency, and the Secretary on the status of 
     implementation efforts, including an analysis of data 
     collected; and
       (VI) make recommendations regarding the next steps the 
     State should take regarding implementation and submit such 
     recommendations to the Secretary with each plan resubmission 
     under subsection (c)(2)(C).

       (B) Monitoring.--The State educational agency, in 
     collaboration with the State child welfare agency, shall 
     periodically monitor local educational agencies and other 
     local agencies with responsibilities under this title to 
     ensure compliance.
       (f) Local Educational Agency Requirements.--Each local 
     educational agency in a State receiving a grant under this 
     subtitle shall meet the following requirements:
       (1) In general.--The local educational agency shall ensure, 
     in coordination with the corresponding local child welfare 
     agency, that children in foster care in the school district 
     served by the local educational agency receive all of the 
     rights described in section 101(a) by carrying out, at a 
     minimum, all of the following:
       (A) Ensuring that each child in foster care in the school 
     district served by the local educational agency remains in a 
     school of origin or is immediately enrolled in a new school, 
     in accordance with the child's best interest as required 
     under section 101(a).
       (B) Documenting that written notice has been provided to 
     the parent, education decisionmaker, and court representative 
     of the child and the local child welfare agency 
     representative responsible for the child with regard to any 
     decisions made by the local educational agency regarding the 
     rights under this title of a child in foster care, 
     including--
       (i) an explanation of the basis for the decision;
       (ii) the right to appeal the decision; and
       (iii) the right of the child to remain in the child's 
     current school while a dispute is pending.
       (C) Ensuring compliance with this title by all schools 
     served by the local educational agency.
       (D) Identifying and removing any barriers that exist in 
     schools served by the local educational agency, including--
       (i) barriers identified in the plan under subsection 
     (b)(3)(B);
       (ii) barriers to remaining or enrolling in a school of 
     origin, or to enrolling promptly in a new school for a child 
     in foster care if such enrollment is in the child's best 
     interest; or
       (iii) other barriers impeding the rights of a child in 
     foster care under this title.
       (E) Ensuring that the schools served by the local 
     educational agency promptly transfer the school credits and 
     partial school credits of children in foster care, and 
     provide children in foster care with access to credit 
     recovery programs or services.

     SEC. 112. SUBGRANTS.

       (a) In General.--The State educational agency shall, in 
     accordance with section 111(b)(2), award subgrants, on a 
     competitive basis, to public agencies, including local 
     educational agencies and local child welfare agencies, or 
     partnerships comprised of public agencies, to carry out the 
     requirements of this title or clause (ii)(II), (iii), or (iv) 
     of section 475(1)(G) of the Social Security Act (42 U.S.C. 
     675(1)(G)).
       (b) Application.--A public agency, or a partnership of 
     public agencies, desiring a subgrant under this section shall 
     submit an application to the State educational agency at such 
     time, in such manner, and containing such information as the 
     State educational agency may require.
       (c) Award Basis.--
       (1) In general.--The State educational agency shall award 
     subgrants under this section based on--
       (A) the established need for attention to the education of 
     children in foster care in the area served by the public 
     agency or partnership of public agencies; and
       (B) the quality of activities proposed to address such need 
     by the agency or partnership in the application described in 
     subsection (b).
       (2) Priority.--In awarding subgrants under this section, 
     the State educational agency shall give priority to the 
     following applicants:
       (A) Local child welfare agencies that have entered into 
     agreements with local educational agencies to share 
     responsibilities for providing, arranging, and paying for the 
     transportation of children in foster care to the children's 
     school of origin in a cost-effective manner.
       (B) Local educational agencies that have entered into such 
     agreements with local child welfare agencies.
       (C) Partnerships that--
       (i) include not less than 1 local child welfare agency and 
     not less than 1 local educational agency; and
       (ii) have entered into such agreements.
       (d) Use of Funds.--A public agency, or a partnership of 
     public agencies, receiving a subgrant under this section 
     shall use subgrant funds to assist the State educational 
     agency providing the subgrant in meeting the State's 
     responsibilities under this title or clause (ii)(II), (iii), 
     or (iv) of section 475(1)(G) of the Social Security Act (42 
     U.S.C. 675(1)(G)), which assistance may include--
       (1) funding of foster care liaison positions, as described 
     in section 101(b)(3), at the local educational agency;
       (2) coordinating activities that support the purposes of 
     this title between local educational agencies, local child 
     welfare agencies, and other relevant agencies;
       (3) expenditures for transportation costs;
       (4) tutoring or other educational support services 
     specifically targeted to children in foster care;
       (5) expediting special education evaluations for children 
     in foster care;
       (6) pupil activities and services needed to promote school 
     and preschool success for children in foster care;
       (7) training for the staff of the State educational agency, 
     the local educational agencies, the State child welfare 
     agency, and the local child welfare agencies, and for 
     children in foster care, such children's families, and others 
     involved with children in foster care, about--
       (A) the unique educational needs of children in foster 
     care;
       (B) the benefits afforded under this title; and
       (C) other issues that further the purposes of this title; 
     and
       (8) assisting in funding State-level education coordinators 
     in the State child welfare agency and local education 
     liaisons within the local child welfare agency to be specific 
     points of contact on education issues.

     SEC. 113. RESPONSIBILITIES OF THE SECRETARY.

       (a) Review of State Plans.--
       (1) In general.--The Secretary of Education, in 
     collaboration with the Secretary of Health and Human 
     Services, shall review the plan submitted or resubmitted by a 
     State under section 111(c). If the plan meets the 
     requirements of section 111 and is reasonably calculated to 
     ensure that all children in foster care in the State receive 
     all rights, benefits, and protections required by this title, 
     the Secretary shall approve the plan.
       (2) Disapproval.--
       (A) In general.--If a plan does not meet the requirements 
     described in paragraph (1), the Secretary shall disapprove 
     the plan and provide the State educational agency with 
     specific findings as to what needs to be corrected for 
     approval.
       (B) Review process.--The Secretary shall promulgate 
     regulations establishing a system by which States whose plans 
     are disapproved can appeal such disapproval.
       (b) Technical Assistance.--The Secretary shall provide--
       (1) training, support, and technical assistance to a State 
     educational agency receiving a grant to assist the State 
     educational agency in carrying out its responsibilities under 
     this title; and
       (2) training, support, and technical assistance to a State 
     that has had the State's plan described in section 111 
     disapproved.
       (c) Submission and Distribution.--The Secretary shall--
       (1) require applications for grants under this subtitle to 
     be submitted to the Secretary not later than the expiration 
     of the 60-day period beginning on the date that funds are 
     available for purposes of making such grants; and
       (2) award such grants not later than the expiration of the 
     120-day period beginning on such date.
       (d) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under this subtitle and under 
     section 101(b)(11), shall determine the extent to which State 
     educational agencies are ensuring that each child in foster 
     care has access to a free, appropriate public education.
       (e) Information.--
       (1) Coordination; enforcement.--The Secretary shall 
     coordinate and enforce the information collection 
     requirements under this subtitle and section 101(b)(12).

[[Page S11604]]

       (2) Data collection and dissemination.--The Secretary 
     shall--
       (A) directly or through grants, contracts, or cooperative 
     agreements, periodically collect and disseminate data and 
     information regarding the education of children in foster 
     care; and
       (B) require each State receiving a grant under this 
     subtitle to annually provide--
       (i) the information described in section 101(b)(12)(A); and
       (ii) such other data and information as the Secretary 
     determines to be necessary and relevant to carry out this 
     subtitle.
       (f) Evaluation and Dissemination.--The Secretary shall 
     conduct evaluation and dissemination activities regarding 
     programs designed to meet the educational needs of elementary 
     and secondary school students who are children in foster 
     care.
       (g) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the Committee on Education and Labor and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Finance of the Senate a report on the status of 
     the education of children in foster care, which shall include 
     information on--
       (1) the educational outcomes of children in foster care; 
     and
       (2) the actions of the Secretary and the effectiveness of 
     the programs supported under this title.

     SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out the 
     subtitle, $150,000,000 for each of the fiscal years 2011 
     through 2015.

                TITLE II--SOCIAL SECURITY ACT AMENDMENTS

     SEC. 201. SOCIAL SECURITY ACT AMENDMENTS.

       (a) Educational Stability for Foster Care Children.--
     Section 475(1)(G) of the Social Security Act (42 U.S.C. 
     675(1)(G)) is amended--
       (1) in clause (ii)--
       (A) by striking ``or'' at the end of subclause (I) and 
     inserting ``and''; and
       (B) by striking subclause (II), and inserting the 
     following:
       ``(II) assurances that the State agency has coordinated 
     with the appropriate local educational agency to ensure that 
     the child remains in the school in which the child is 
     enrolled at the time of placement including, when necessary, 
     the State agency arranging for, providing, or paying the cost 
     of the transportation necessary to enable the child to remain 
     in the school;''; and
       (2) by adding at the end the following:
       ``(iii) assurances by the State agency and the local 
     educational agencies, if remaining in such school is not in 
     the best interests of the child, to provide immediate and 
     appropriate enrollment in a new school, with all of the 
     educational records provided to the school; and
       ``(iv) assurances by the State agency and local child 
     welfare agencies that steps have been undertaken to 
     collaborate with the State and local educational agencies to 
     eliminate barriers to the educational stability, school 
     enrollment, and educational success of the child.''.
       (b) State Plan Requirement.--Section 471 of the Social 
     Security Act (42 U.S.C. 671(a)) is amended--
       (1) in paragraph (32), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (33), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(34) provides that the State agency and local child 
     welfare agencies will collaborate with the State and local 
     educational agencies to collect the data and other 
     information necessary to monitor implementation of the 
     requirements of clauses (ii)(II), (iii), and (iv) of 
     subparagraph (G) of section 475(1) and the provisions of 
     section 101 of the Fostering Success in Education Act; and
       ``(35) provides that the State agency and local child 
     welfare agencies have identified staff within the agencies to 
     be the point people with the State and local educational 
     agencies related to educational issues, including the 
     implementation of the requirements of clauses (ii)(II), 
     (iii), and (iv) of subparagraph (G) of section 475(1), as 
     well as to coordinate with educational agency liaisons and 
     coordinators to implement the provisions of section 101 of 
     the Fostering Success in Education Act.''.
                                 ______
                                 
      By Mr. SPECTER:
  S. 2805. A bill to amend the Food and Nutrition Act of 2008 to 
increase the amount made available to purchase commodities for the 
emergency food assistance program in fiscal year 2010; to the Committee 
on Agriculture, Nutrition, and Forestry.
  Mr. SPECTER. Mr. President, I seek recognition to introduce 
legislation to deal with the pressing problem of hunger in the United 
States. The report of the Economic Research Service of the Department 
of Agriculture on Monday, November 16--3 days ago--disclosed some 
startling facts about hunger in America. The report showed there are 49 
million Americans who experienced hunger last year. Among that number, 
17 million were children, and 500,000 of those children were under the 
age of 6, which is a critical stage in childhood development.
  The hunger problem hit disproportionately higher for Hispanics at 27 
percent higher and African Americans at 26 percent higher. It is hard 
to find a sufficiently tough word to describe it--scandalous, 
outrageous, criminal, repugnant--that in this land of plenty, we should 
find Americans who are hungry. It is unacceptable to have people hungry 
anywhere in the world, but right here in our own backyard for this 
situation to exist is beyond the pale.
  Having read the article on the 16th, I contacted the Secretary of 
Agriculture, Tom Vilsack, discussed the issue with him, and I am now 
introducing legislation which will add $250 million to the food banks 
to try to deal with this issue on an emergency basis. It would be my 
hope that this is the kind of legislation which could be passed very 
promptly--hopefully, before Christmas of this year during our current 
session--to take some immediate action to replenish the food banks so 
people in America are not hungry.
  Mr. President, I ask unanimous consent that my full statement be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Senator Arlen Specter--Statement on the Introduction of Legislation 
                  Providing for Emergency Food Relief

       Mr. SPECTER. Mr. President, I have sought recognition to 
     introduce legislation addressing our nation's hunger crisis. 
     The United States Department of Agriculture just released its 
     annual report on Household Food Security in the United 
     States. This report finds that 49 million Americans, 17 
     million of whom are children, experienced food insecurity and 
     hunger in 2008. Poverty is the underlying cause of this 
     problem. While job creation policies to lift these Americans 
     out of poverty are being implemented, Congress must provide 
     immediate relief so that they have access to the nutrition 
     necessary to live a healthful and productive life.
       The USDA report contains alarming data on the struggles 
     faced by too many American families. In 2008, 17 million 
     households reported being food insecure, that is to say they 
     lacked access to enough food for an active and healthy life. 
     This is an increase from 13 million households in 2007. In my 
     state of Pennsylvania, 11.2 percent of our 4,970,000 
     households reported being food insecure, and 4.2 percent 
     reported very low food security, meaning they were unable to 
     eat at various times over the year.
       Of these 49 million Americans who reported hunger, 12 
     million adults and 5.2 million children reported periods of 
     extreme hunger, possibly going days without eating. The data 
     shows that black and Hispanic households experienced food 
     insecurity at rates far higher than the national average at 
     26 percent and 27 percent respectively.
       Among the 17 million children, nearly half a million under 
     the age of 6 were hungry. This is a critical stage of 
     childhood development that is being undermined by a lack of 
     access to proper nutrition, which is necessary for learning 
     and academic achievement.
       Fortunately, Congress has taken steps to address this 
     important issue, appropriating for fiscal year 2010 $9.2 
     billion for the School Lunch Program and $171 million for the 
     Commodity Supplemental Food Program which provides nutrition 
     assistance to mothers, children and the elderly. The economic 
     stimulus package contained more than $20 billion for 
     nutrition assistance. Yet, this USDA study shows us that more 
     is needed.
       That is why I am introducing legislation to double spending 
     on The Emergency Food Assistance Program, or TEFAP, from $250 
     to $500 million annually. Through TEFAP, the USDA makes 
     commodity and food purchases and then distributes nutrition 
     assistance to states based on need. The numbers show us there 
     is great need.
       According to Feeding America, which operates 205 food banks 
     nationwide and 10 in the Commonwealth of Pennsylvania, 99 
     percent of their food banks experienced an increase in demand 
     during the month of September 2009 and 91 percent of food 
     banks reported unemployment as a critical factor driving the 
     increase in emergency food assistance. Unfortunately 51 
     percent of these food banks had to turn someone away in the 
     last year. By doubling TEFAP spending, Congress would 
     significantly increase the amount of food being delivered to 
     local food banks, ensuring that less Americans go hungry.

[[Page S11605]]

       According to the Department of Agriculture, nearly 27 
     percent of the 356 billion pounds of available food in 
     America is wasted each year. That is nearly 100 billion 
     pounds of waste, when according the charity Feeding America 
     only 5 billion pounds of food is needed to eliminate hunger. 
     In a country with such a food abundance, it is criminal that 
     children to go to bed hungry. Our country has a developed 
     network of food assistance providers in place. Government 
     agencies, community food banks, food pantries, soup kitchens, 
     shelters and churches all stand ready to address the 
     challenge of combating hunger. Let us provide them the 
     resources they need. The legislation I am introducing today 
     will do that and will stem the tide of hunger.

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2805

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) more than 1 in 7 households in the United States 
     struggled to find enough to eat during 2008;
       (2) poverty is the primary cause of food insecurity and 
     hunger in the United States;
       (3) the annual report of the Economic Research Service of 
     the Department of Agriculture on household food security in 
     the United States found that in 2008, 17,000,000 households 
     were food insecure, an increase from 13,000,000 households in 
     2007;
       (4) the term ``low food security'' means people being 
     unable to consistently get enough to eat and the term ``very 
     low food security'' means people being hungry at various 
     times over the year and being unable to eat because of lack 
     of money to purchase food;
       (5) the 17,000,000 food insecure households in the United 
     States are home to 49,000,000 Americans, of whom--
       (A) 17,000,000 are children, among whom nearly 500,000 in 
     the developmentally critical years under the age of 6 are 
     going hungry; and
       (B) 12,000,000 adults and 5,200,000 children reported 
     experiencing severe hunger, possibly going days without 
     eating;
       (6) good nutrition is necessary for learning and academic 
     achievement; and
       (7) Black and Hispanic households experienced food 
     insecurity at far higher rates (25.7 percent in the case of 
     Black households and 26.9 percent in the case of Hispanic 
     households) than the national average.

     SEC. 2. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD 
                   ASSISTANCE PROGRAM.

       Section 27(a)(2) of the Food and Nutrition Act of 2009 (7 
     U.S.C. 2036(a)(2)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) by redesignating subparagraph (C) as subparagraph (E);
       (3) in subparagraph (E) (as so redesignated)--
       (A) by striking ``each of fiscal years 2010 through 2012'' 
     and inserting ``fiscal year 2012''; and
       (B) by striking ``subparagraph (B)'' and inserting 
     ``subparagraph (D)''; and
       (4) by inserting after subparagraph (B) the following:
       ``(C) for fiscal year 2010, $500,000,000;
       ``(D) for fiscal year 2011, $250,000,000, as adjusted in 
     accordance with subparagraph (E); and''.

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