II 

112TH CONGRESS 

1ST SESSION S. 571 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2011 

Mrs. MURRAY (for herself, Mr. FRANKEN, and Mr. BEGICH) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Educational Success 

5 for Children and Youth Without Homes Act of 2011’’. 


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1 SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND 

2 YOUTHS. 

3 Subtitle B of title VII of the McKinney-Vento Home4 less Assistance Act (42 U.S.C. 11431 et seq.) is amended 

5 to read as follows: 

6 ‘‘Subtitle B—Education for 

7 Homeless Children and Youths 

8 ‘‘SEC. 721. STATEMENT OF POLICY. 

9 ‘‘The following is the policy of Congress: 

10 ‘‘(1) Each State and local educational agency 

11 shall ensure that each homeless child and youth has 

12 access to the same free appropriate public education, 

13 including a public preschool education, as is provided 

14 to other children and youths. 

15 ‘‘(2) In any State where compulsory residency 

16 requirements or other requirements of laws, regula17 tions, practices, or policies may act as a barrier to 

18 the identification, enrollment, attendance, or success 

19 in school of homeless children and youths, the State 

20 and local educational agencies shall review and re21 vise such laws, regulations, practices, or policies to 

22 ensure that homeless children and youths are af23 forded the same free appropriate public education as 

24 is provided to other children and youths. 


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1 ‘‘(3) Homelessness is not a sufficient reason to 

2 separate students from the mainstream school envi3 ronment. 

4 ‘‘(4) Homeless children and youths shall have 

5 access to the education and other services that such 

6 children and youths need to ensure that such chil7 dren and youths have an opportunity to meet the 

8 same challenging State student academic achieve9 ment standards to which all students are held. 

10 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

11 THE EDUCATION OF HOMELESS CHILDREN 

12 AND YOUTHS. 

13 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au14 thorized to make grants to States from allotments made 

15 under subsection (c) and in accordance with this section 

16 to enable such States to carry out the activities described 

17 in subsections (d) through (h). 

18 ‘‘(b) APPLICATION.—In order for a State to be eligi19 ble to receive a grant under this section, the State edu20 cational agency, in consultation with other relevant State 

21 agencies, shall submit an application to the Secretary at 

22 such time, in such manner, and containing or accompanied 

23 by such information as the Secretary may reasonably re24 quire. 

25 ‘‘(c) ALLOCATION AND RESERVATIONS.— 


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1 ‘‘(1) ALLOCATION.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (C), the Secretary is authorized to allot 

4 to each State an amount that bears the same 

5 ratio to the amount appropriated for such year 

6 under section 726 that remains after the Sec7 retary reserves funds under paragraph (2) and 

8 uses funds to carry out section 724 (d) and (h), 

9 as the amount allocated under section 1122 of 

10 the Elementary and Secondary Education Act 

11 of 1965 (20 U.S.C. 6332) to the State for that 

12 year bears to the total amount allocated under 

13 section 1122 of such Act to all States for that 

14 year, except as provided in subparagraph (B). 

15 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

16 shall receive less under this paragraph than the 

17 greater of— 

18 ‘‘(i) $300,000; or 

19 ‘‘(ii) one-fourth of 1 percent of the 

20 amount appropriated under section 726 for 

21 that year. 

22 ‘‘(C) REDUCTION FOR INSUFFICIENT

23 FUNDS.—If there are insufficient funds in a fis24 cal year to allot to each State the minimum 

25 amount under subparagraph (B), the Secretary 


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1 shall ratably reduce the allotments to all States 

2 based on the proportionate share that each 

3 State received under this subsection for the pre4 ceding fiscal year. 

5 ‘‘(2) RESERVATIONS.— 

6 ‘‘(A) STUDENTS IN TERRITORIES.—The 

7 Secretary is authorized to reserve 0.1 percent of 

8 the amount appropriated for each fiscal year 

9 under section 726 to be allocated by the Sec10 retary among the United States Virgin Islands, 

11 Guam, American Samoa, and the Common12 wealth of the Northern Mariana Islands, ac13 cording to their respective needs for assistance 

14 under this subtitle, as determined by the Sec15 retary. Funds allocated under this subpara16 graph shall be used for programs that are con17 sistent with the purposes of the programs de18 scribed in this subtitle. 

19 ‘‘(B) INDIAN STUDENTS.— 

20 ‘‘(i) TRANSFER.—The Secretary shall 

21 transfer 1 percent of the amount appro22 priated for each fiscal year under section 

23 726 to the Department of the Interior for 

24 programs that are for Indian students 

25 served by schools funded by the Secretary 


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1 of the Interior, as determined under the 

2 Indian Self-Determination and Education 

3 Assistance Act (25 U.S.C. 450 et seq.), 

4 and that are consistent with the purposes 

5 of the programs described in this subtitle. 

6 ‘‘(ii) AGREEMENT.—The Secretary of 

7 Education and the Secretary of the Inte8 rior shall enter into an agreement, con9 sistent with the requirements of this sub10 title, for the distribution and use of the 

11 funds described in clause (i) under terms 

12 that the Secretary of Education determines 

13 best meet the purposes of the programs de14 scribed in this subtitle. Such agreement 

15 shall set forth the plans of the Secretary of 

16 the Interior for the use of the funds trans17 ferred, including appropriate goals, objec18 tives, and milestones for that use. 

19 ‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 

20 made to a State under this section shall be used for the 

21 following: 

22 ‘‘(1) To provide activities for and services to 

23 improve the identification of homeless children and 

24 youths and enable such children and youths to enroll 

25 in, attend, and succeed in school, including in early 


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1 care and education programs (especially in pre2 kindergarten). 

3 ‘‘(2) To provide activities and services to im4 prove the identification of homeless children and 

5 youths and enable such children and youths to enroll 

6 in, attend, and succeed in school and preschool pro7 grams. 

8 ‘‘(3) To establish or designate an Office of the 

9 Coordinator for Education of Homeless Children and 

10 Youths in the State educational agency in accord11 ance with subsection (f) that has sufficient capacity, 

12 resources, and support to carry out the duties de13 scribed in this subtitle. 

14 ‘‘(4) To prepare and carry out the State plan 

15 described in subsection (g). 

16 ‘‘(5) To develop and implement professional de17 velopment activities for liaisons designated under 

18 subsection (g)(1)(J)(ii), other local educational agen19 cy and school personnel, and community agencies— 

20 ‘‘(A) to improve their identification of 

21 homeless children and youths; and 

22 ‘‘(B) to heighten their awareness of, and 

23 capacity to respond to, specific problems in the 

24 education of homeless children and youths. 

25 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 


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1 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

2 From the grant funds made available each year to 

3 a State under subsection (a) to carry out this sub4 title, the State educational agency shall distribute 

5 not less than 75 percent by making subgrants under 

6 section 723 to local educational agencies for the pur7 poses of carrying out section 723. 

8 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 

9 From the remainder of those grant funds, a State 

10 educational agency may use amounts to conduct ac11 tivities under subsection (f) directly or through 

12 grants or contracts. 

13 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI14 NATOR.—The Coordinator for Education of Homeless 

15 Children and Youths established in each State shall— 

16 ‘‘(1)(A) gather and make publicly available reli17 able, valid, and comprehensive information— 

18 ‘‘(i) on the number of homeless children 

19 and youths identified in the State; 

20 ‘‘(ii) on the nature and extent of the prob21 lems homeless children and youths have in gain22 ing access to early care and education pro23 grams, and to public elementary schools and 

24 secondary schools; 


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1 ‘‘(iii) on the difficulties in identifying the 

2 special needs and barriers to participation and 

3 achievement of such children and youths; 

4 ‘‘(iv) on any progress made by the State 

5 educational agency and local educational agen6 cies in the State in addressing such problems 

7 and difficulties; and 

8 ‘‘(v) describing subgrants awarded under 

9 this subtitle, and the success of the programs 

10 under this subtitle in identifying homeless chil11 dren and youths and allowing such children and 

12 youths to enroll in, attend, and succeed in, 

13 school; and 

14 ‘‘(B) ensure that a report indicating the num15 bers of homeless children and youths identified by 

16 each local educational agency in the State shall be 

17 posted annually on the State educational agency’s 

18 website; 

19 ‘‘(2) develop and carry out the State plan de20 scribed in subsection (g); 

21 ‘‘(3) collect data for and transmit to the Sec22 retary, at such time and in such manner as the Sec23 retary may require, reports containing such informa24 tion as the Secretary determines is necessary to as25 sess the educational needs of all homeless children 


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1 and youths within the State, including data re2 quested pursuant to subsection (h) of section 724; 

3 ‘‘(4) in order to improve identification of home4 less children and youths and to improve the provi5 sion of comprehensive education and related support 

6 services to homeless children and youths and their 

7 families, and to minimize educational disruption, co8 ordinate activities, and collaborate with— 

9 ‘‘(A) educators, including teachers, admin10 istrators, special education personnel, child de11 velopment and preschool program personnel, 

12 truancy, attendance, and dropout prevention 

13 personnel, and personnel from programs pro14 vided under titles I, III, and IV of the Elemen15 tary and Secondary Education Act of 1965 (20 

16 U.S.C. 6301 et seq., 6801 et seq., and 7101 et 

17 seq.) and similar State programs; 

18 ‘‘(B) providers of services to homeless chil19 dren and youths and their families, including 

20 services of public and private child welfare and 

21 social services agencies, law enforcement agen22 cies, juvenile and family courts, agencies pro23 viding mental health services, domestic violence 

24 agencies, child care providers, runaway and 

25 homeless youth centers, and providers of servVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 ices and programs funded under the Runaway 

2 and Homeless Youth Act (42 U.S.C. 5701 et 

3 seq.); 

4 ‘‘(C) providers of emergency, transitional, 

5 and permanent housing to homeless children 

6 and youths, and their families, including public 

7 housing agencies, shelter operators, operators of 

8 transitional housing facilities, and providers of 

9 transitional living programs for homeless 

10 youths; 

11 ‘‘(D) local educational agency liaisons des12 ignated under subsection (g)(1)(J)(ii) for home13 less children and youths; 

14 ‘‘(E) community organizations and groups 

15 representing homeless children and youths and 

16 their families; 

17 ‘‘(F) relevant State agencies and task 

18 forces, such as State interagency councils on 

19 homelessness, State agencies administering 

20 higher education programs and councils for 

21 higher education, State housing agencies, emer22 gency and disaster response teams, State Head 

23 Start collaboration offices, and State advisory 

24 panels and State interagency coordinating coun25 cils convened under parts B and C of the IndiVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 viduals With Disabilities Education Act (20 

2 U.S.C. 1411 et seq., 1431 et seq.); and 

3 ‘‘(G) the Coordinators for Education of 

4 Homeless Children and Youths in other States, 

5 including adjacent States; 

6 ‘‘(5) provide professional development and tech7 nical assistance to and conduct monitoring of local 

8 educational agencies, in coordination with local edu9 cational agency liaisons designated under subsection 

10 (g)(1)(J)(ii), to ensure that local educational agen11 cies comply with the requirements of paragraphs (3) 

12 through (7) of subsection (g), and subsection (h); 

13 and 

14 ‘‘(6) respond to inquiries from parents and 

15 guardians of homeless children and youths and un16 accompanied youths to ensure that each child or 

17 youth who is the subject of such an inquiry receives 

18 the full protections and services provided by this 

19 subtitle. 

20 ‘‘(g) STATE PLAN.— 

21 ‘‘(1) IN GENERAL.—Each State shall submit to 

22 the Secretary and carry out a plan to provide for 

23 education and related support services for all home24 less children and youths within the State. Such plan 

25 shall include the following: 


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1 ‘‘(A) A description of how such children 

2 and youths are (or will be) given the oppor3 tunity to meet the same challenging State stu4 dent academic achievement standards as all stu5 dents are expected to meet. 

6 ‘‘(B) A description of the procedures the 

7 State educational agency will use, in coordina8 tion with local educational agencies, to identify 

9 all such children and youths in the State and 

10 to assess their special needs. 

11 ‘‘(C) A description of procedures for the 

12 prompt resolution of disputes arising under this 

13 subtitle, which shall— 

14 ‘‘(i) ensure that local educational 

15 agencies have developed dispute resolution 

16 procedures which, at a minimum— 

17 ‘‘(I) are developed in coordina18 tion and collaboration with the liai19 sons designated under subparagraph 

20 (J)(ii); 

21 ‘‘(II) are accessible to parents 

22 and guardians of homeless children 

23 and youths, and to unaccompanied 

24 youths; 


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1 ‘‘(III) provide such parents, 

2 guardians, and unaccompanied youths 

3 with sufficient opportunity to present 

4 their complaints; and 

5 ‘‘(IV) designate decisionmakers 

6 who have received training on the re7 quirements of this subtitle; 

8 ‘‘(ii) ensure that parents and guard9 ians of homeless children and youths, and 

10 unaccompanied youths, who have ex11 hausted the procedures available under 

12 clause (i) are able to appeal to the State 

13 educational agency, which shall render de14 cisions that are binding on the relevant 

15 local educational agencies; 

16 ‘‘(iii) define the role of the Coordi17 nator for Education of Homeless Children 

18 and Youths in resolving disputes under 

19 this subtitle appealed to the State edu20 cational agency; 

21 ‘‘(iv) include procedures to resolve 

22 promptly disputes under this subtitle be23 tween local educational agencies; 

24 ‘‘(v) ensure that homeless children 

25 and youths are enrolled in school pursuant 


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1 to paragraph (3)(E) and receive transpor2 tation pursuant to subparagraph (J)(iii) 

3 pending final resolution of disputes, includ4 ing resolution through all available local 

5 and State dispute resolution procedures 

6 and pending legal actions, paying par7 ticular attention to ensuring enrollment in 

8 cases of disputes between local educational 

9 agencies; and 

10 ‘‘(vi) include procedures for State 

11 educational agencies or local educational 

12 agencies to determine the need for, and en13 sure the delivery of, additional academic 

14 support in cases in which a local edu15 cational agency has unlawfully denied a 

16 student access to school or school services, 

17 including transportation. 

18 ‘‘(D) A description of programs for school 

19 and other local educational agency personnel 

20 (including the liaisons, principals, attendance 

21 officers, teachers, enrollment personnel, and 

22 pupil services personnel) to heighten the aware23 ness of such personnel of the specific needs of 

24 homeless adolescents, including runaway and 

25 homeless youths. 


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1 ‘‘(E) A description of procedures that en2 sure that homeless children and youths are able 

3 to participate in Federal, State, or local nutri4 tion programs. 

5 ‘‘(F) A description of procedures that en6 sure that— 

7 ‘‘(i) homeless children have access to 

8 public preschool programs, administered by 

9 the State educational agency or local edu10 cational agency, including through the poli11 cies and practices required under para12 graph (7); 

13 ‘‘(ii) homeless youths, including 

14 youths separated from public schools, are 

15 identified and accorded access to appro16 priate secondary education and related 

17 support services, including through the im18 plementation of policies and practices to 

19 ensure that such youths are— 

20 ‘‘(I) able to receive credit for full 

21 or partial coursework satisfactorily 

22 completed while attending a prior 

23 school; 


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1 ‘‘(II) are afforded opportunities 

2 to recover credits lost during periods 

3 of homelessness; and 

4 ‘‘(III) are not penalized for ab5 sences related to homelessness and 

6 are allowed to receive credit for work 

7 completed after their enrollment; and 

8 ‘‘(iii) homeless children and youths 

9 who meet the relevant eligibility criteria 

10 have access to magnet school, summer 

11 school, vocational and technical education, 

12 advanced placement, online learning oppor13 tunities, and charter school programs. 

14 ‘‘(G) Strategies to address problems identi15 fied in the reports provided to the Secretary 

16 under subsection (f)(3). 

17 ‘‘(H) Strategies to address other problems 

18 with respect to the education of homeless chil19 dren and youths, including enrollment problems 

20 related to— 

21 ‘‘(i) immunization and other required 

22 health records and screenings; 

23 ‘‘(ii) residency requirements; 

24 ‘‘(iii) lack of birth certificates, school 

25 records, or other documentation; 


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1 ‘‘(iv) guardianship issues; or 

2 ‘‘(v) uniform or dress code require3 ments. 

4 ‘‘(I) A demonstration that the State edu5 cational agency, and local educational agencies 

6 and schools in the State, regularly review and 

7 revise their policies and practices to remove 

8 barriers to the identification, enrollment, at9 tendance, retention, and success of homeless 

10 children and youths in schools, including in 

11 early care and education programs, in the 

12 State. 

13 ‘‘(J) Assurances that the following will be 

14 carried out: 

15 ‘‘(i) PREVENTION OF STIGMAS AND

16 SEGREGATION.—The State educational 

17 agency and local educational agencies in 

18 the State will adopt policies and practices 

19 to ensure that homeless children and 

20 youths are not stigmatized or segregated 

21 on the basis of their status as homeless. 

22 ‘‘(ii) LIAISON.—Local educational 

23 agencies will designate a staff person as 

24 the local educational agency liaison for 

25 homeless children and youths, who shall 


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1 have sufficient training, resources, and 

2 time to carry out the duties described in 

3 paragraph (6), and who may also be a co4 ordinator for other Federal programs. 

5 ‘‘(iii) PROVISION OF TRANSPOR6 TATION.—The State and local educational 

7 agencies will adopt policies and practices to 

8 ensure that transportation is provided ex9 peditiously, at the request of the parent or 

10 guardian involved (or in the case of an un11 accompanied youth, the liaison), to and 

12 from the school of origin (as defined in 

13 paragraph (3)(J)), for as long as the stu14 dent has the right to attend the school of 

15 origin as determined in paragraph (3)(A), 

16 in accordance with the following, as appli17 cable: 

18 ‘‘(I) WITHIN ONE LOCAL EDU19 CATIONAL AGENCY.—If the child or 

20 youth continues to live in the area 

21 served by the local educational agency 

22 for the school of origin, the child’s or 

23 youth’s transportation to and from 

24 the school of origin shall be provided 


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1 or arranged by the local educational 

2 agency for the school of origin. 

3 ‘‘(II) INVOLVING MORE THAN

4 ONE LOCAL EDUCATIONAL AGENCY.— 

5 If the child’s or youth’s living ar6 rangements in the area served by the 

7 local educational agency of origin ter8 minate and the child or youth, though 

9 continuing the child’s or youth’s edu10 cation in the school of origin, begins 

11 living in an area served by another 

12 local educational agency, the local 

13 educational agency of origin and the 

14 local educational agency for the area 

15 in which the child or youth is living 

16 shall share equally the cost and re17 sponsibility for providing transpor18 tation to and from the school of origin 

19 unless the agencies agree upon an20 other method to apportion cost and 

21 responsibility, or the State educational 

22 agency has devised another method to 

23 apportion cost and responsibility 

24 among local educational agencies. 


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1 ‘‘(iv) SCHOOL SUCCESS.—The State 

2 educational agency and local educational 

3 agencies will adopt policies and practices to 

4 promote school success for homeless chil5 dren and youths, including by— 

6 ‘‘(I) ensuring that homeless chil7 dren and youths have opportunities to 

8 meet the same challenging State stu9 dent academic achievement standards 

10 to which other students are held; 

11 ‘‘(II) ensuring that homeless chil12 dren and youths are able to partici13 pate fully in all classes and school ac14 tivities, including extracurricular ac15 tivities, athletic activities for which 

16 they meet skill level requirements, be17 fore and after school programs, sum18 mer school programs, field trips, 

19 classes, tests, and activities with fees, 

20 services provided under title I of the 

21 Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6301 et seq.) 

23 and similar State and local programs, 

24 and other activities made available to 

25 nonhomeless students; and 


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1 ‘‘(III) ensuring that such policies 

2 and practices remove barriers to par3 ticipation related to fees, credit ac4 crual policies, lack of guardianship, 

5 lack of transportation, enrollment and 

6 participation deadlines, and residency 

7 requirements. 

8 ‘‘(2) COMPLIANCE.— 

9 ‘‘(A) IN GENERAL.—Each plan adopted 

10 under this subsection shall also describe how 

11 the State will ensure that local educational 

12 agencies in the State will comply with the re13 quirements of paragraphs (3) through (7). 

14 ‘‘(B) COORDINATION.—Such plan shall in15 dicate what technical assistance the State will 

16 furnish to local educational agencies and how 

17 compliance efforts will be coordinated with the 

18 local educational agency liaisons designated 

19 under paragraph (1)(J)(ii). 

20 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE21 MENTS.— 

22 ‘‘(A) IN GENERAL.—The local educational 

23 agency serving each child or youth to be as24 sisted under this subtitle shall, according to the 

25 child’s or youth’s best interest— 


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1 ‘‘(i) continue the child’s or youth’s 

2 education in the school of origin for the 

3 duration of homelessness— 

4 ‘‘(I) in any case in which the 

5 child or youth becomes a homeless 

6 child or youth between academic years 

7 or during an academic year; and 

8 ‘‘(II) for the remainder of the 

9 academic year, if the child or youth 

10 becomes permanently housed during 

11 an academic year; or 

12 ‘‘(ii) enroll the child or youth in any 

13 public school that nonhomeless students 

14 who live in the attendance area in which 

15 the child or youth is actually living are eli16 gible to attend. 

17 ‘‘(B) SCHOOL STABILITY.—To promote the 

18 school stability of the child or youth, and in de19 termining the best interest of the child or youth 

20 under subparagraph (A), the local educational 

21 agency shall— 

22 ‘‘(i) presume that keeping the child or 

23 youth in the school of origin is in the 

24 child’s or youth’s best interest, except 

25 when doing so is contrary to the wishes of 


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1 the child’s or youth’s parent or guardian, 

2 or the unaccompanied youth; 

3 ‘‘(ii) consider student-centered factors 

4 related to the child’s or youth’s best inter5 est, giving priority to the wishes of the 

6 parent, guardian, or unaccompanied youth, 

7 including— 

8 ‘‘(I) the harmful impact of school 

9 mobility on academic achievement and 

10 social and emotional well-being; 

11 ‘‘(II) the age of the child or 

12 youth; 

13 ‘‘(III) the impact any commute 

14 may have on the child’s or youth’s 

15 education; 

16 ‘‘(IV) personal safety issues; 

17 ‘‘(V) the child’s or youth’s need 

18 for special instruction, including spe19 cial education and related services; 

20 ‘‘(VI) the length of anticipated 

21 stay in a temporary shelter or other 

22 temporary location; 

23 ‘‘(VII) the time remaining in the 

24 school year; and 


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1 ‘‘(VIII) the school placement of 

2 family members; 

3 ‘‘(iii) if, after conducting the best in4 terest determination described in clause 

5 (ii), the local educational agency deter6 mines that it is not in the child’s or 

7 youth’s best interest to attend the school of 

8 origin or the school requested by the par9 ent, guardian, or unaccompanied youth, 

10 provide the child’s or youth’s parent or 

11 guardian or the unaccompanied youth with 

12 a written explanation of the reasons for its 

13 determination, in a manner and form un14 derstandable to such parent, guardian, or 

15 youth, including information regarding the 

16 right to appeal described in subparagraph 

17 (E); 

18 ‘‘(iv) in the case of an unaccompanied 

19 youth, ensure that the liaison designated 

20 under paragraph (1)(J)(ii) assists in place21 ment or enrollment decisions under this 

22 subparagraph, gives priority to the views of 

23 such unaccompanied youth, and provides 

24 notice to such youth of the right to appeal 

25 described in subparagraph (E); and 


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1 ‘‘(v) provide transportation pursuant 

2 to paragraphs (1)(J)(iii) and (4). 

3 ‘‘(C) ENROLLMENT.— 

4 ‘‘(i) IN GENERAL.—The school se5 lected in accordance with this paragraph 

6 shall immediately enroll the homeless child 

7 or youth, even if the child or youth— 

8 ‘‘(I) is unable to produce records 

9 normally required for enrollment, in10 cluding previous academic records, 

11 records of immunizations and health 

12 screenings and other required health 

13 records, proof of residency or guard14 ianship, or other documentation; 

15 ‘‘(II) has unpaid fines or fees 

16 from prior schools or is unable to pay 

17 fees in the school selected; or 

18 ‘‘(III) has missed application or 

19 enrollment deadlines during any pe20 riod of homelessness. 

21 ‘‘(ii) RELEVANT ACADEMIC

22 RECORDS.—The enrolling school shall im23 mediately contact the school last attended 

24 by the child or youth to obtain relevant 

25 academic and other records. 


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1 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

2 If the child or youth needs to obtain immu3 nizations or health screenings, or immuni4 zation or other required health records, the 

5 enrolling school shall immediately enroll 

6 the child or youth and refer the parent or 

7 guardian of the child or youth, or the un8 accompanied youth, to the local edu9 cational agency liaison designated under 

10 paragraph (1)(J)(ii), who shall assist in 

11 obtaining necessary immunizations or 

12 screenings, or immunization or other re13 quired health records in accordance with 

14 subparagraph (D). 

15 ‘‘(iv) NO LIABILITY.—Whenever the 

16 school selected enrolls an unaccompanied 

17 youth in accordance with this paragraph, 

18 no liability shall be imposed upon the 

19 school by reason of enrolling the youth 

20 without parent or guardian consent. 

21 ‘‘(D) RECORDS.— 

22 ‘‘(i) IN GENERAL.—Any record ordi23 narily kept by the school, including records 

24 of immunizations and health screenings 

25 and other required health records, acaVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 demic records, birth certificates, guardian2 ship records, and evaluations for special 

3 services or programs, regarding each 

4 homeless child or youth shall be— 

5 ‘‘(I) maintained so that the 

6 records involved are available, in a 

7 timely fashion, when a homeless child 

8 or youth enters a new school or school 

9 district; 

10 ‘‘(II) immediately sent to the en11 rolling school, even if the child or 

12 youth owes fees or fines or was not 

13 withdrawn from the previous school in 

14 conformance with local withdrawal 

15 procedures; and 

16 ‘‘(III) maintained in a manner 

17 consistent with section 444 of the 

18 General Education Provisions Act (20 

19 U.S.C. 1232g). 

20 ‘‘(ii) RELEASE.—School records need21 ed for academic placement decisions shall 

22 be released immediately by the previous 

23 school by facsimile transmission or other 

24 available electronic means. 


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1 ‘‘(E) DISPUTES.—If a dispute arises over 

2 eligibility for services, school selection, enroll3 ment in a school, or any other issue under this 

4 subtitle— 

5 ‘‘(i) the child or youth involved shall 

6 be immediately enrolled in the school in 

7 which enrollment is sought, pending final 

8 resolution of the dispute, including all 

9 available appeals; 

10 ‘‘(ii) the parent, guardian, or unac11 companied youth involved shall be provided 

12 with written explanations of any decisions 

13 made by the school, the local educational 

14 agency, or the State educational agency in15 volved, which shall include information 

16 about the right to appeal such decisions; 

17 ‘‘(iii) the parent, guardian, or unac18 companied youth shall be referred to the 

19 local educational agency liaison designated 

20 under paragraph (1)(J)(ii), who shall carry 

21 out the dispute resolution process as de22 scribed in paragraph (1)(C) as expedi23 tiously as possible after receiving notice of 

24 such dispute; and 


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1 ‘‘(iv) in the case of an unaccompanied 

2 youth, the liaison shall ensure that the 

3 youth is immediately enrolled in the school 

4 in which the youth seeks enrollment pend5 ing resolution of such dispute. 

6 ‘‘(F) PLACEMENT CHOICE.—The choice re7 garding placement shall be made regardless of 

8 whether the child or youth involved lives with 

9 the homeless parents or has been temporarily 

10 placed elsewhere. 

11 ‘‘(G) CONTACT INFORMATION.—Nothing in 

12 this subtitle shall prohibit a local educational 

13 agency from requiring a parent or guardian of 

14 a homeless child to submit contact information. 

15 ‘‘(H) PRIVACY.—Information about a 

16 homeless child’s or youth’s living situation shall 

17 be treated as a student education record under 

18 section 444 of the General Education Provi19 sions Act (20 U.S.C. 1232g) and shall not be 

20 released to housing providers, employers, law 

21 enforcement personnel, or other persons or 

22 agencies not authorized to have such informa23 tion under section 99.31 of title 34, Code of 

24 Federal Regulations, paying particular atten25 tion to preventing disruption of the living situaVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 tion of the child or youth and to supporting the 

2 safety of such children and youths who are sur3 vivors of domestic violence and unaccompanied 

4 youths. 

5 ‘‘(I) ACADEMIC ACHIEVEMENT.—The 

6 school selected in accordance with this para7 graph shall ensure that homeless children and 

8 youths have opportunities to meet the same 

9 challenging State student academic achievement 

10 standards to which other students are held, in11 cluding implementing the policies and practices 

12 required by paragraph (1)(J)(iv). 

13 ‘‘(J) SCHOOL OF ORIGIN DEFINED.—In 

14 this paragraph: 

15 ‘‘(i) IN GENERAL.—The term ‘school 

16 of origin’ means the school that a child or 

17 youth attended when permanently housed 

18 or the school in which the child or youth 

19 was last enrolled. 

20 ‘‘(ii) RECEIVING SCHOOL.—When the 

21 child or youth completes the final grade 

22 level served by the school of origin, as de23 scribed in clause (i), the term ‘school of or24 igin’ shall include the designated receiving 


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1 school at the next grade level for all feeder 

2 schools. 

3 ‘‘(4) COMPARABLE SERVICES.—In addition to 

4 receiving services provided for homeless children and 

5 youths under this subtitle or other Federal, State, or 

6 local laws, regulations, policies, or practices, each 

7 homeless child or youth to be assisted under this 

8 subtitle also shall be provided services comparable to 

9 services offered to other students in the school se10 lected under paragraph (3), including the following: 

11 ‘‘(A) Transportation services. 

12 ‘‘(B) Educational services for which the 

13 child or youth meets the eligibility criteria, in14 cluding services provided under title I of the El15 ementary and Secondary Education Act of 1965 

16 (20 U.S.C. 6301 et seq.) or services of similar 

17 State or local programs, charter schools, mag18 net schools, educational programs for children 

19 with disabilities, and educational programs for 

20 students with limited English proficiency. 

21 ‘‘(C) Programs in vocational and technical 

22 education. 

23 ‘‘(D) Programs for gifted and talented stu24 dents. 

25 ‘‘(E) School nutrition programs. 


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1 ‘‘(5) COORDINATION.— 

2 ‘‘(A) IN GENERAL.—Each local educational 

3 agency shall coordinate— 

4 ‘‘(i) the provision of services under 

5 this subtitle with the services of local social 

6 services agencies and other agencies or en7 tities providing services to homeless chil8 dren and youths and their families, includ9 ing services and programs funded under 

10 the Runaway and Homeless Youth Act (42 

11 U.S.C. 5701 et seq.) or provided by other 

12 agencies serving unaccompanied youths, 

13 public and private child welfare agencies, 

14 Head Start centers and local entities ad15 ministering State-funded preschool pro16 grams, and agencies providing mental 

17 health services; 

18 ‘‘(ii) transportation, transfer of school 

19 records, and other interdistrict activities, 

20 with other local educational agencies; 

21 ‘‘(iii) the provision of services under 

22 this subtitle with the provision of other 

23 education programs, including programs 

24 provided under titles I, III, and IV of the 

25 Elementary and Secondary Education Act 


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1 of 1965 (20 U.S.C. 6301 et seq., 6801 et 

2 seq., and 7101 et seq.) and similar State 

3 and local programs, programs in vocational 

4 and technical education, truancy and drop5 out prevention programs, before and after 

6 school programs, summer school programs, 

7 programs provided for students with dis8 abilities, students with limited English pro9 ficiency, and gifted and talented students, 

10 and local educational agency transpor11 tation services; and 

12 ‘‘(iv) activities, planning, and initia13 tives with State and local agencies and or14 ganizations providing emergency, transi15 tional, and permanent housing and other 

16 services to homeless families and unaccom17 panied youths, including developing and 

18 implementing strategies to minimize edu19 cational disruption for children and youths 

20 who become homeless. 

21 ‘‘(B) COORDINATION PURPOSE.—The co22 ordination required under subparagraph (A) 

23 shall be designed to— 

24 ‘‘(i) ensure that all homeless children 

25 and youths are promptly identified; 


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1 ‘‘(ii) ensure that homeless children 

2 and youths have access to and are in rea3 sonable proximity to available education 

4 and related support services; 

5 ‘‘(iii) decrease school mobility and en6 sure that agencies placing homeless chil7 dren and youth in housing and agencies 

8 providing housing and other services con9 sider the proximity of housing and services 

10 to a child or youth’s school of origin (as 

11 defined in paragraph (3)(J)); and 

12 ‘‘(iv) raise the awareness of school 

13 personnel and service providers of the ef14 fects of short-term stays in a shelter and 

15 other challenges associated with homeless16 ness. 

17 ‘‘(C) HOMELESS CHILDREN AND YOUTHS

18 WITH DISABILITIES.— 

19 ‘‘(i) IN GENERAL.—For children and 

20 youth who are to be assisted both under 

21 this subtitle, and under the Individuals 

22 with Disabilities Education Act (20 U.S.C. 

23 1400 et seq.) or section 504 of the Reha24 bilitation Act of 1973 (29 U.S.C. 794), 

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1 nate the provision of services under this 

2 subtitle with the provision of programs for 

3 children with disabilities served by that 

4 local educational agency and other involved 

5 local educational agencies. 

6 ‘‘(ii) COST AND RESPONSIBILITY FOR

7 INDIVIDUALS WITH DISABILITIES.—Such 

8 coordination shall include the following: 

9 ‘‘(I) TRANSPORTATION.—Each 

10 local educational agency shall adopt 

11 policies and practices to apportion the 

12 cost and responsibility for providing 

13 transportation to children and youths 

14 entitled to transportation services 

15 under both paragraph (1)(J)(iii) and 

16 the Individuals with Disabilities Edu17 cation Act (20 U.S.C. 1400 et seq.) or 

18 section 504 of the Rehabilitation Act 

19 of 1973 (29 U.S.C. 794). 

20 ‘‘(II) PUBLIC OR PRIVATE EDU21 CATIONAL PROGRAM.— 

22 ‘‘(aa) IN GENERAL.—Except 

23 as provided in item (bb), if a 

24 local educational agency has 

25 placed a child or youth in a priVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 vate educational program, or in a 

2 public educational program out3 side the area served by that local 

4 educational agency, under section 

5 614(d)(1)(A) of the Individuals 

6 with Disabilities Education Act 

7 (20 U.S.C. 1414(d)(1)(A)), and 

8 though moving to an area served 

9 by another local educational 

10 agency, the homeless child or 

11 youth is to remain in that edu12 cational program as the child’s or 

13 youth’s school of origin (as de14 fined in paragraph (3)(J)) under 

15 subparagraphs (A) and (B) of 

16 paragraph (3), the local edu17 cational agency that made the 

18 placement shall continue pay19 ments for the placement. 

20 ‘‘(bb) EXCEPTION.—Item 

21 (aa) shall apply unless the local 

22 educational agency that made the 

23 placement and the local edu24 cational agency in the area where 

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1 ing agree upon another method 

2 to apportion the cost, or the 

3 State educational agency involved 

4 has devised another method to 

5 apportion cost and responsibility 

6 among local educational agencies. 

7 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

8 ‘‘(A) DUTIES.—Each local educational 

9 agency liaison for homeless children and youths, 

10 designated under paragraph (1)(J)(ii), shall en11 sure that— 

12 ‘‘(i) all homeless children and youths 

13 are identified by school personnel and 

14 through outreach and coordination activi15 ties with other entities and agencies, in16 cluding through such measures as inquiries 

17 concerning housing status on school reg18 istration forms and on withdrawal or exit 

19 forms; 

20 ‘‘(ii) homeless children and youths are 

21 immediately enrolled in, and have a full 

22 and equal opportunity to succeed in, 

23 schools of that local educational agency; 

24 ‘‘(iii) homeless families, and homeless 

25 children and youths, have access to eduVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 cational services for which such families, 

2 children, and youths are eligible, including 

3 services through Head Start, Early Head 

4 Start, early intervention, and Even Start 

5 programs, and preschool programs de6 scribed in paragraph (7)(A); 

7 ‘‘(iv) homeless families, and homeless 

8 children and youths receive referrals to 

9 health care services, dental services, mental 

10 health and substance abuse services, hous11 ing services, and other appropriate serv12 ices; 

13 ‘‘(v) the parents or guardians of 

14 homeless children and youths are informed 

15 of the educational and related opportuni16 ties available to their children, including 

17 early care and education opportunities, and 

18 are provided with meaningful opportunities 

19 to participate in the education of their chil20 dren; 

21 ‘‘(vi) public notice of the educational 

22 rights of homeless children and youths is 

23 incorporated into documents related to 

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1 drawal, posted on the local educational 

2 agency’s website, and disseminated in loca3 tions frequented by parents or guardians 

4 of such children and youths, and unaccom5 panied youths, including schools, shelters, 

6 public libraries, and soup kitchens, in a 

7 manner and form understandable to par8 ents and guardians of homeless children 

9 and youths and unaccompanied youths; 

10 ‘‘(vii) disputes are resolved in accord11 ance with paragraph (3)(E); 

12 ‘‘(viii) the parent or guardian of a 

13 homeless child or youth, and any unaccom14 panied youth, is fully informed of all trans15 portation services, including transportation 

16 to the school of origin, as described in 

17 paragraph (1)(J)(iii), and is assisted in ac18 cessing transportation to the school that is 

19 selected under paragraph (3)(A); 

20 ‘‘(ix) school personnel are adequately 

21 prepared to implement this subtitle and re22 ceive professional development, resource 

23 materials, technical assistance, and other 

24 support; and 

25 ‘‘(x) unaccompanied youths— 


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1 ‘‘(I) are enrolled in school; 

2 ‘‘(II) have opportunities to meet 

3 the same challenging State student 

4 academic achievement standards to 

5 which other students are held, includ6 ing through implementation of the 

7 policies and practices required by sub8 paragraphs (F)(ii) and (J)(iv) of 

9 paragraph (1); and 

10 ‘‘(III) are informed of their sta11 tus as independent students under 

12 section 480 of the Higher Education 

13 Act of 1965 (20 U.S.C. 1087vv), in14 cluding through school counselors that 

15 have received professional develop16 ment about unaccompanied youth, 

17 and receive verification of such status 

18 for purposes of the Free Application 

19 for Federal Student Aid described in 

20 section 483 of such Act (20 U.S.C. 

21 1090). 

22 ‘‘(B) NOTICE.—State Coordinators ap23 pointed under subsection (d)(3) and local edu24 cational agencies shall inform school personnel, 

25 service providers, and advocates working with 


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1 homeless families and homeless children and 

2 youths of the contact information and duties of 

3 the local educational agency liaisons, including 

4 publishing an annually updated list of the liai5 sons on the State educational agency’s website. 

6 ‘‘(C) LOCAL AND STATE COORDINATION.— 

7 The local educational agency liaisons shall, as a 

8 part of their duties, coordinate and collaborate 

9 with the State Coordinators and community 

10 and school personnel responsible for the provi11 sion of education and related support services 

12 to homeless children and youths. Such coordina13 tion shall include collecting and providing to the 

14 State Coordinator the reliable, valid, and com15 prehensive data needed to meet the require16 ments of paragraphs (1) and (3) of subsection 

17 (f). 

18 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 

19 local educational agency liaisons shall partici20 pate in the professional development and other 

21 technical assistance activities provided by the 

22 State Coordinator pursuant to subsection (f)(5). 

23 ‘‘(7) SCHOOL READINESS FOR HOMELESS CHIL24 DREN.— 


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1 ‘‘(A) STATE AND LOCAL EDUCATIONAL

2 AGENCIES.—Each State educational agency and 

3 local educational agency shall ensure that enti4 ties carrying out preschool programs funded, 

5 administered, or overseen by the agency in6 volved— 

7 ‘‘(i) comply with paragraphs (3) and 

8 (4), except that in the absence of contrary 

9 State law or policy, such entities shall not 

10 be required to enroll a homeless child im11 mediately in an early care and education 

12 program that is operating at full capacity 

13 when the child seeks to enroll; 

14 ‘‘(ii) identify and prioritize homeless 

15 children for enrollment and increase their 

16 enrollment and attendance in early care 

17 and education programs, including through 

18 policies such as— 

19 ‘‘(I) reserving spaces in preschool 

20 programs for homeless children; 

21 ‘‘(II) conducting targeted out22 reach to homeless children and their 

23 families; 

24 ‘‘(III) waiving application dead25 lines; 


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1 ‘‘(IV) providing ongoing profes2 sional development for staff regarding 

3 the needs of homeless children and 

4 their families and strategies to serve 

5 the children and families; and 

6 ‘‘(V) developing the capacity to 

7 serve all identified homeless children; 

8 and 

9 ‘‘(iii) review the educational and re10 lated needs of homeless children and their 

11 families in such agency’s service area, in 

12 coordination with the liaison designated 

13 under paragraph (1)(J)(ii), and develop 

14 policies and practices to meet identified 

15 needs. 

16 ‘‘(B) OTHER STATE AGENCIES.—In the 

17 case of State-funded early care and education 

18 programs that are not funded, administered, or 

19 overseen by the State educational agency or a 

20 local educational agency, the State agency that 

21 funds, administers, or oversees such early care 

22 and education programs shall— 

23 ‘‘(i) develop, review, and revise its 

24 policies and practices to remove barriers to 

25 the identification, enrollment, attendance, 


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1 retention, and success of homeless children 

2 for or in early learning programs funded, 

3 administered, or overseen by the agency; 

4 ‘‘(ii) ensure that the entities comply 

5 with the provisions of paragraph (3) and 

6 (4) except that such entities, with respect 

7 to such programs— 

8 ‘‘(I) shall not be required to en9 roll a homeless child immediately in a 

10 preschool program that is operating at 

11 full capacity when the child seeks to 

12 enroll, in the absence of contrary 

13 State law or policy; 

14 ‘‘(II) shall not be subject to the 

15 dispute resolution procedures of the 

16 State educational agency or local edu17 cational agencies, but shall ensure 

18 that all of the dispute resolution pro19 cedures available through such pro20 grams and the State agency that 

21 funds, administers, or oversees such 

22 programs are accessible to parents 

23 and guardians of homeless children 

24 and shall provide such parents and 


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1 guardians with a written explanation 

2 of their dispute and appeal rights; and 

3 ‘‘(III) shall not be subject to the 

4 transportation requirements of para5 graphs (1)(J)(iii) or (3)(B)(v), but 

6 shall remove barriers to transpor7 tation services for homeless children 

8 and shall, to the maximum extent 

9 practicable, arrange or provide trans10 portation for homeless children to at11 tend preschool programs, including 

12 their preschool program of origin; 

13 ‘‘(iii) identify and prioritize homeless 

14 children for enrollment and increase their 

15 enrollment and attendance in preschool 

16 programs, including through policies such 

17 as— 

18 ‘‘(I) reserving spaces in preschool 

19 programs for homeless children; 

20 ‘‘(II) conducting targeted out21 reach to homeless children and their 

22 families; 

23 ‘‘(III) waiving application dead24 lines; 


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1 ‘‘(IV) providing ongoing profes2 sional development for staff regarding 

3 the needs of homeless children and 

4 their families and strategies to serve 

5 the children and families; and 

6 ‘‘(V) develop capacity to serve all 

7 identified homeless children; and 

8 ‘‘(iv) review the educational and re9 lated needs of homeless children and their 

10 families in the State, in coordination with 

11 the Office of the Coordinator for Edu12 cation of Homeless Children and Youths 

13 established under subsection (d)(3), and 

14 develop policies and practices to meet iden15 tified needs. 

16 ‘‘(h) PROHIBITION ON SEGREGATING HOMELESS

17 CHILDREN AND YOUTHS.— 

18 ‘‘(1) IN GENERAL.—In providing a free appro19 priate public education to a homeless child or youth, 

20 no State receiving funds under this subtitle shall 

21 segregate such child or youth in a separate school, 

22 or in a separate program within a school, based on 

23 such child’s or youth’s status as homeless. 

24 ‘‘(2) TRANSITION FROM SEGREGATED SCHOOLS

25 IN FORMERLY COVERED COUNTIES.—To ensure a 


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1 smooth, rapid, and complete transition for all home2 less children and youths from segregated to nonseg3 regated schools or programs, in formerly covered 

4 counties, each local educational agency that serves 

5 such a covered county shall— 

6 ‘‘(A) coordinate activities with those seg7 regated schools and schools with segregated 

8 programs located in formerly covered counties, 

9 to identify each homeless child and youth en10 rolled in such schools and programs; 

11 ‘‘(B) for each homeless child and youth so 

12 identified, determine if the child or youth has a 

13 school of origin (as defined in subsection 

14 (g)(3)(J)) and either— 

15 ‘‘(i) immediately enroll the child or 

16 youth in the school of origin if it is in the 

17 child’s or youth’s best interest in accord18 ance with this subtitle and consistent with 

19 the wishes of the parent, guardian, or un20 accompanied youth involved, and provide 

21 transportation to and from the school of 

22 origin; or 

23 ‘‘(ii) immediately enroll the child or 

24 youth in any nonsegregated public school if 

25 enrollment in the school of origin is not in 


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1 the child’s or youth’s best interest in ac2 cordance with this subtitle or is against the 

3 wishes of the parent, guardian, or unac4 companied youth; 

5 ‘‘(C) provide the parent, guardian, or un6 accompanied youth with information about the 

7 dispute resolution process available under this 

8 subtitle; 

9 ‘‘(D) ensure that each homeless child or 

10 youth receives the full protections and services 

11 provided by this subtitle; and 

12 ‘‘(E) implement other policies and prac13 tices necessary to ensure a smooth, rapid, and 

14 complete integration of the children and youths 

15 into the public schools of the local educational 

16 agency. 

17 ‘‘(3) ROLE OF STATE EDUCATIONAL AGENCY IN

18 TRANSITION.—The State educational agencies of 

19 California and Arizona shall provide technical assist20 ance to the local educational agencies in the State 

21 that serve formerly covered counties to ensure the 

22 requirements of paragraph (2) are met. 

23 ‘‘(4) TRANSITION PERIOD.—Not later than the 

24 end of the academic year in which the Educational 

25 Success for Children and Youth Without Homes Act 


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1 of 2011 is enacted, the transition referred to in 

2 paragraph (2) shall be complete. 

3 ‘‘(i) NO DIMINISHMENT OF POWER.—Nothing in this 

4 subtitle shall be construed to diminish the rights of par5 ents or guardians of homeless children or youth, or unac6 companied youth, otherwise provided under State law, pol7 icy, or practice, including laws or policies that authorize 

8 the best interest determination in subsection (g)(3) to be 

9 made solely by the parent, guardian, or youth involved. 

10 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

11 THE EDUCATION OF HOMELESS CHILDREN 

12 AND YOUTHS. 

13 ‘‘(a) GENERAL AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—The State educational 

15 agency shall, in accordance with section 722(e), and 

16 from amounts made available to such agency under 

17 section 726, make subgrants to local educational 

18 agencies for the purpose of facilitating the identifica19 tion, enrollment, attendance, and success in school 

20 of homeless children and youths. 

21 ‘‘(2) SERVICES.— 

22 ‘‘(A) IN GENERAL.—Services under para23 graph (1)— 


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1 ‘‘(i) may be provided through pro2 grams on school grounds or at other facili3 ties; and 

4 ‘‘(ii) shall, to the maximum extent 

5 practicable, be provided through existing 

6 programs and mechanisms that integrate 

7 homeless children and youths with non8 homeless children and youths. 

9 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 

10 services under paragraph (1) are provided to 

11 homeless children and youths on school 

12 grounds, the school involved may use funds 

13 under this subtitle to provide the same services 

14 to other children and youths who are deter15 mined by the local educational agency serving 

16 the school to be at risk of failing in, or drop17 ping out of, school. 

18 ‘‘(3) REQUIREMENT.—Services provided under 

19 this section shall not replace the regular academic 

20 program and shall be designed to expand upon or 

21 improve services provided as part of the school’s reg22 ular academic program. 

23 ‘‘(4) DURATION OF GRANTS.—Subgrants 

24 awarded under this section shall be for terms of not 

25 to exceed 3 years. 


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1 ‘‘(b) APPLICATION.—A local educational agency that 

2 desires to receive a subgrant under this section shall sub3 mit an application to the State educational agency at such 

4 time, in such manner, and containing or accompanied by 

5 such information as the State educational agency may rea6 sonably require. Such application shall include the fol7 lowing: 

8 ‘‘(1) An assessment of the educational and re9 lated needs of homeless children and youths in the 

10 area served by the local educational agency (which 

11 may be undertaken as part of a needs assessment 

12 for another disadvantaged group). 

13 ‘‘(2) A description of the services and programs 

14 for which assistance is sought to address the needs 

15 identified in paragraph (1). 

16 ‘‘(3) An assurance that the local educational 

17 agency’s combined fiscal effort per student, or the 

18 aggregate expenditures of that agency and the State 

19 with respect to the provision of free public education 

20 by such agency for the fiscal year preceding the fis21 cal year for which the subgrant determination is 

22 made, was not less than 90 percent of such com23 bined fiscal effort or aggregate expenditures for the 

24 second fiscal year preceding the fiscal year for which 

25 the determination is made. 


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1 ‘‘(4) An assurance that the applicant complies 

2 with, or will use requested funds to comply with, 

3 paragraphs (3) through (7) of section 722(g). 

4 ‘‘(5) A description of policies and procedures 

5 that the agency will implement to ensure that activi6 ties carried out by the agency will not isolate or stig7 matize homeless children and youths. 

8 ‘‘(6) An assurance that the local educational 

9 agency will collect and promptly provide data re10 quested by the State Coordinator pursuant to para11 graphs (1) and (3) of section 722(f). 

12 ‘‘(7) A description of the policies and practices 

13 the local educational agency has implemented to re14 move barriers to the identification, enrollment, at15 tendance, retention, and success in school of all 

16 homeless children and youths. 

17 ‘‘(c) AWARDS.— 

18 ‘‘(1) IN GENERAL.—The State educational 

19 agency shall, in accordance with the requirements of 

20 this subtitle and from amounts made available to it 

21 under section 722(a), make subgrants on a competi22 tive basis to local educational agencies that submit 

23 applications under subsection (b). Such subgrants 

24 shall be awarded on the basis of the need of such 


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1 agencies for assistance under this subtitle and the 

2 quality of the applications submitted. 

3 ‘‘(2) NEED.— 

4 ‘‘(A) IN GENERAL.—In determining need 

5 under paragraph (1), the State educational 

6 agency may consider the number of homeless 

7 children and youths enrolled in preschool, ele8 mentary schools, and secondary schools within 

9 the area served by the local educational agency, 

10 and shall consider the needs of such children 

11 and youths and the ability of the local edu12 cational agency to meet such needs. 

13 ‘‘(B) OTHER CONSIDERATIONS.—The 

14 State educational agency may also consider the 

15 following: 

16 ‘‘(i) The extent to which the proposed 

17 use of funds will facilitate the identifica18 tion, enrollment, attendance, retention, and 

19 educational success of homeless children 

20 and youths. 

21 ‘‘(ii) The extent to which the applica22 tion reflects coordination with other local 

23 and State agencies that serve homeless 

24 children and youths. 


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1 ‘‘(iii) The extent to which the appli2 cant exhibits in the application and in cur3 rent practice (as of the date of submission 

4 of the application) a commitment to edu5 cation for all homeless children and youths. 

6 ‘‘(iv) Such other criteria as the State 

7 agency determines to be appropriate. 

8 ‘‘(3) QUALITY.—In determining the quality of 

9 applications under paragraph (1), the State edu10 cational agency shall consider each of the following: 

11 ‘‘(A) The applicant’s needs assessment 

12 under subsection (b)(2) and the likelihood that 

13 the program presented in the application will 

14 meet such needs. 

15 ‘‘(B) The types, intensity, and coordination 

16 of the services to be provided under the pro17 gram. 

18 ‘‘(C) The extent to which the applicant will 

19 promote meaningful involvement of parents or 

20 guardians of homeless children or youths in the 

21 education of their children. 

22 ‘‘(D) The extent to which homeless chil23 dren and youths will be integrated into the reg24 ular education program involved. 


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1 ‘‘(E) The quality of the applicant’s evalua2 tion plan for the program. 

3 ‘‘(F) The extent to which services provided 

4 under this subtitle will be coordinated with 

5 other services available to homeless children 

6 and youths and their families, including housing 

7 and child welfare services and services provided 

8 under the Individuals with Disabilities Edu9 cation Act (20 U.S.C. 1400 et seq.), title I of 

10 the Elementary and Secondary Education Act 

11 of 1965 (20 U.S.C. 6301 et seq.), and similar 

12 State and local programs. 

13 ‘‘(G) The extent to which the local edu14 cational agency will use the subgrant to lever15 age resources, including by maximizing 

16 nonsubgrant funding for the position of the liai17 son described in section 722(g)(1)(J)(ii) and 

18 the provision of transportation. 

19 ‘‘(H) The local educational agency’s use of 

20 funds to serve homeless children and youths 

21 under section 1113(c)(3) of title I of the Ele22 mentary and Secondary Education Act of 1965 

23 (20 U.S.C. 6313(c)(3)). 

24 ‘‘(I) The extent to which the applicant’s 

25 program meets such other measures as the 


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1 State educational agency considers to be indic2 ative of a high-quality program, including the 

3 extent to which the local educational agency will 

4 provide services to unaccompanied youth and 

5 preschool-aged children. 

6 ‘‘(J) The extent to which the application 

7 describes how the applicant will meet the re8 quirements of section 722(g)(3). 

9 ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 

10 agency may use funds awarded under this section for ac11 tivities that carry out the purpose of this subtitle, includ12 ing the following: 

13 ‘‘(1) The provision of tutoring, supplemental in14 struction, and enriched educational services that are 

15 linked to the achievement of the same challenging 

16 State academic content standards and challenging 

17 State student academic achievement standards as 

18 the State establishes for other children and youths. 

19 ‘‘(2) The provision of expedited evaluations of 

20 the strengths, needs, and eligibility of homeless chil21 dren and youths, including needs and eligibility for 

22 programs and services (including educational pro23 grams for gifted and talented students, children with 

24 disabilities, and students with limited English pro25 ficiency, charter school programs, magnet school 


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1 programs, and programs in vocational and technical 

2 education, and school nutrition programs). 

3 ‘‘(3) Professional development and other activi4 ties for educators and pupil services personnel that 

5 are designed to heighten the understanding and sen6 sitivity of such educators and personnel to the needs 

7 of homeless children and youths, the rights of such 

8 children and youths under this subtitle, and the spe9 cific educational needs of runaway and homeless 

10 youths. 

11 ‘‘(4) The provision of referral services to home12 less children and youths for medical, dental, mental, 

13 and other health services. 

14 ‘‘(5) The provision of assistance to defray the 

15 cost of transportation under paragraphs (1)(J)(iii) 

16 and (4)(A) of section 722(g), and transportation to 

17 preschool programs, not otherwise provided through 

18 Federal, State, or local funding. 

19 ‘‘(6) The provision of developmentally appro20 priate early childhood development programs, not 

21 otherwise provided through Federal, State, or local 

22 funding. 

23 ‘‘(7) The provision of services and assistance to 

24 attract, engage, and retain homeless children and 

25 youths, particularly homeless children and youths 


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1 who are not enrolled in school, in public school pro2 grams and services provided to nonhomeless children 

3 and youths. 

4 ‘‘(8) The provision for homeless children and 

5 youths of before- and after-school, mentoring, and 

6 summer programs in which a teacher or other quali7 fied individual provides tutoring, homework assist8 ance, and supervision of educational activities. 

9 ‘‘(9) If necessary, the payment of fees and 

10 other costs associated with tracking, obtaining, and 

11 transferring records necessary to facilitate the ap12 propriate placement of homeless children and youths 

13 in school or preschool programs, including birth cer14 tificates, immunization or other required health 

15 records, academic records, guardianship records, and 

16 evaluations for special programs or services. 

17 ‘‘(10) The provision of education and training 

18 to the parents of homeless children and youths about 

19 the rights of, and resources available to, such chil20 dren and youths, and other activities designed to in21 crease the meaningful involvement of parents or 

22 guardians of homeless children or youths in the edu23 cation of their children. 

24 ‘‘(11) The development of coordination of ac25 tivities between schools and agencies providing servVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 ices to homeless children and youths, as described in 

2 section 722(g)(5). 

3 ‘‘(12) The provision of pupil services (including 

4 counseling) and referrals for such services. 

5 ‘‘(13) Activities to address the particular needs 

6 of homeless children and youths that may arise from 

7 domestic violence and parental mental health or sub8 stance abuse problems. 

9 ‘‘(14) The adaptation of space and purchase of 

10 supplies for any nonschool facilities made available 

11 under subsection (a)(2) to provide services under 

12 this subsection. 

13 ‘‘(15) The provision of school supplies, includ14 ing supplies to be distributed at shelters or tem15 porary housing facilities, or other appropriate loca16 tions. 

17 ‘‘(16) The provision of assistance to defray the 

18 cost of the position of liaison designated pursuant to 

19 section 722(g)(1)(J)(ii), not otherwise provided 

20 through Federal, State, or local funding. 

21 ‘‘(17) The provision of other extraordinary or 

22 emergency assistance needed to enable homeless chil23 dren and youths to enroll, attend, and succeed in 

24 school or preschool programs. 


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1 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

2 ‘‘(a) REVIEW OF STATE PLANS.—In reviewing the 

3 State plan submitted by a State educational agency under 

4 section 722(g), the Secretary shall use a peer review proc5 ess and shall evaluate whether State laws, policies, and 

6 practices described in such plan adequately address the 

7 problems of all homeless children and youths relating to 

8 access to education and placement as described in such 

9 plan. 

10 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

11 provide support and technical assistance to State edu12 cational agencies to assist such agencies in carrying out 

13 their responsibilities under this subtitle, and shall estab14 lish or designate a Federal Office of the Coordinator for 

15 Education of Homeless Children and Youths that has suf16 ficient capacity, resources, and support to carry out the 

17 responsibilities described in this subtitle. 

18 ‘‘(c) NOTICE.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall, before 

20 the next school year that begins after the date of en21 actment of the Educational Success for Children and 

22 Youth Without Homes Act of 2011, develop and dis23 seminate a public notice of the educational rights of 

24 homeless children and youths. The notice shall in25 clude information regarding the definition of home26 less children and youths in section 725. 


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1 ‘‘(2) DISSEMINATION.—The Secretary shall dis2 seminate the notice nationally. The Secretary also 

3 shall disseminate such notice to heads of other De4 partment of Education offices, including those re5 sponsible for special education programs, higher 

6 education, and programs under parts A, B, C, D, G, 

7 and H of title I, title III, title IV, and part B of title 

8 V of the Elementary and Secondary Education Act 

9 of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 

10 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

11 6801 et seq., 7102 et seq., and 7221 et seq.). The 

12 Secretary shall also disseminate such notice to heads 

13 of other Federal agencies, and grant recipients and 

14 other entities carrying out federally funded pro15 grams, including Head Start program grantees, 

16 grant recipients under the Health Care for the 

17 Homeless program of the Health Resources and 

18 Services Administration of the Department of 

19 Health and Human Services, grant recipients under 

20 the Emergency Food and Shelter National Board 

21 Program of the Federal Emergency Management 

22 Agency, grant recipients under the Runaway and 

23 Homeless Youth Act (42 U.S.C. 5701 et seq.), grant 

24 recipients under the John H. Chafee Foster Care 

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1 less assistance programs administered by the De2 partment of Housing and Urban Development, and 

3 recipients of Federal funding for programs carried 

4 out by the Administration on Children, Youth and 

5 Families of the Department of Health and Human 

6 Services. 

7 ‘‘(d) EVALUATION AND DISSEMINATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall con9 duct evaluation, dissemination, and technical assist10 ance activities for programs that are designed to 

11 meet the educational needs of homeless preschool, el12 ementary school, and secondary school students, and 

13 may use funds appropriated under section 726 to 

14 award grants to, or enter into contracts or coopera15 tive agreements with, eligible entities to enable the 

16 eligible entities to carry out such activities. 

17 ‘‘(2) PRIORITIES.—The Secretary, in awarding 

18 such grant, or entering into such contract or cooper19 ative agreement, may, without regard to the rule20 making procedures under section 553 of title 5, 

21 United States Code, limit competitions to, or other22 wise give priority to, entities with— 

23 ‘‘(A) demonstrated experience in dissemi24 nation and technical assistance activities, in25 cluding using the Internet and other state-ofVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 the-art technology for efficient and cost-effec2 tive dissemination of information and technical 

3 assistance; 

4 ‘‘(B) demonstrated experience in the areas 

5 of homelessness, serving at-risk youth, and edu6 cation; and 

7 ‘‘(C) established networks, and a history of 

8 collaboration, among State educational agen9 cies, local educational agencies, and national or10 ganizations that provide services to homeless 

11 children and youths, and homeless families. 

12 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec13 retary shall require applications for grants under section 

14 722 to be submitted to the Secretary not later than the 

15 expiration of the 120-day period beginning on the date 

16 that funds are available for purposes of making such 

17 grants and shall make such grants not later than the expi18 ration of the 180-day period beginning on such date. 

19 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec20 retary, based on the information received from the States 

21 and information gathered by the Secretary under sub22 section (h), shall determine the extent to which State edu23 cational agencies are ensuring that each homeless child or 

24 youth has access to a free appropriate public education, 

25 as described in section 721(1). The Secretary shall provide 


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1 support and technical assistance to State educational 

2 agencies in areas in which barriers to a free appropriate 

3 public education persist. 

4 ‘‘(g) PUBLICATION.—The Secretary shall develop, 

5 issue, and publish in the Federal Register, not later than 

6 90 days after the date of enactment of the Educational 

7 Success for Children and Youth Without Homes Act of 

8 2011, a summary of the changes enacted by that Act and 

9 related strategies, which summary shall include— 

10 ‘‘(1) strategies by which a State can assist local 

11 educational agencies to implement the provisions 

12 amended by the Act; 

13 ‘‘(2) strategies by which a State can review and 

14 revise State policies and procedures that may 

15 present barriers to the identification, enrollment, at16 tendance, and success of homeless children and 

17 youths in school; and 

18 ‘‘(3) strategies by which entities carrying out 

19 preschool programs can implement requirements of 

20 section 722(g)(7). 

21 ‘‘(h) INFORMATION.— 

22 ‘‘(1) IN GENERAL.—From funds appropriated 

23 under section 726, the Secretary shall, directly or 

24 through grants, contracts, or cooperative agree25 ments, periodically but no less frequently than every 


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1 2 years, collect and disseminate publicly data and in2 formation regarding— 

3 ‘‘(A) the number of homeless children and 

4 youths in all areas served by local educational 

5 agencies, including homeless children enrolled in 

6 preschool programs described in section 

7 722(g)(7)(A) and the type of living situation in 

8 which such children and youth are living when 

9 identified; 

10 ‘‘(B) the education and related support 

11 services such children and youths receive; 

12 ‘‘(C) the extent to which the needs of 

13 homeless children and youths are being met; 

14 ‘‘(D) the academic progress being made by 

15 homeless children and youths, including the 

16 percent or number of homeless children and 

17 youths participating in State assessments; and 

18 ‘‘(E) such other data and information as 

19 the Secretary determines to be necessary and 

20 relevant to carry out this subtitle. 

21 ‘‘(2) COORDINATION.—The Secretary shall co22 ordinate such collection and dissemination with 

23 other agencies and entities that receive assistance 

24 and administer programs under this subtitle. 


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1 ‘‘(i) REPORT.—Not later than 4 years after the date 

2 of enactment of the Educational Success for Children and 

3 Youth Without Homes Act of 2011, the Secretary shall 

4 prepare and submit to the President and the Committee 

5 on Education and Labor of the House of Representatives 

6 and the Committee on Health, Education, Labor, and 

7 Pensions of the Senate a report on the status of the provi8 sion of education and related support services to homeless 

9 children and youths, which shall include information on— 

10 ‘‘(1) the education of homeless children and 

11 youths; and 

12 ‘‘(2) the actions of the Secretary and the effec13 tiveness of the programs supported under this sub14 title. 

15 ‘‘SEC. 725. DEFINITIONS. 

16 ‘‘In this subtitle: 

17 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en18 roll’ and ‘enrollment’ include attending classes and 

19 participating fully in school activities. 

20 ‘‘(2) FORMERLY COVERED COUNTIES.—The 

21 term ‘formerly covered counties’ means, with respect 

22 to California, San Joaquin County, Orange County, 

23 and San Diego County, and with respect to Arizona, 

24 Maricopa County. 


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1 ‘‘(3) HOMELESS CHILDREN AND YOUTHS.—The 

2 term ‘homeless children and youths’— 

3 ‘‘(A) means individuals who lack a fixed, 

4 regular, and adequate nighttime residence 

5 (within the meaning of section 103(a)(1)); and 

6 ‘‘(B) includes— 

7 ‘‘(i) children and youths who— 

8 ‘‘(I) are sharing the housing of 

9 other persons due to loss of housing, 

10 economic hardship, or a similar rea11 son; 

12 ‘‘(II) are living in motels, hotels, 

13 trailer parks, or camping grounds due 

14 to the lack of alternative adequate ac15 commodations; 

16 ‘‘(III) are living in emergency or 

17 transitional shelters; 

18 ‘‘(IV) are abandoned in hospitals; 

19 or 

20 ‘‘(V) are awaiting foster care 

21 placement; 

22 ‘‘(ii) children and youths who have a 

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1 modation for human beings (within the 

2 meaning of section 103(a)(2)(C)); 

3 ‘‘(iii) children and youths who are liv4 ing in cars, parks, public spaces, aban5 doned buildings, substandard housing, bus 

6 or train stations, or similar settings; and 

7 ‘‘(iv) migratory children (as such term 

8 is defined in section 1309 of the Elemen9 tary and Secondary Education Act of 1965 

10 (20 U.S.C. 6399)) who qualify as homeless 

11 for the purposes of this subtitle because 

12 the children are living in circumstances de13 scribed in clauses (i) through (iii). 

14 ‘‘(4) INCLUDE; INCLUDING.—The terms ‘in15 clude’ and ‘including’ mean that the items named 

16 are not all of the possible items that are covered, 

17 whether like or unlike the items named. 

18 ‘‘(5) LOCAL EDUCATIONAL AGENCY; STATE

19 EDUCATIONAL AGENCY.—The terms ‘local edu20 cational agency’ and ‘State educational agency’ have 

21 the meanings given such terms in section 9101 of 

22 the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 7801). 

24 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

25 the Secretary of Education. 


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1 ‘‘(7) STATE.—The term ‘State’ means each of 

2 the 50 States, the District of Columbia, and the 

3 Commonwealth of Puerto Rico. 

4 ‘‘(8) UNACCOMPANIED YOUTH.—The term ‘un5 accompanied youth’ means a homeless child or youth 

6 not in the physical custody of a parent or legal 

7 guardian. 

8 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘For the purpose of carrying out this subtitle, there 

10 are authorized to be appropriated to the Secretary 

11 $300,000,000 for fiscal year 2012 and such sums as may 

12 be necessary for each of fiscal years 2013 through 2018.’’. 

13 SEC. 3. CONFORMING AMENDMENTS. 

14 The Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 6301 et seq.) is amended— 

16 (1) in section 1111 (20 U.S.C. 6311)— 

17 (A) in subsection (b)(2), by adding at the 

18 end the following: 

19 ‘‘(L) ACCOUNTABILITY FOR HOMELESS

20 CHILDREN AND YOUTHS.—The accountability 

21 provisions under this Act shall ensure that 

22 homeless children and youths (as defined in sec23 tion 725(3) of the McKinney-Vento Homeless 

24 Assistance Act), are included in academic as25 sessment, reporting, and accountability systems, 


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1 consistent with paragraph (3)(C)(xi). Notwith2 standing the requirements of subsection (i), the 

3 State is not required to disaggregate the assess4 ment results of homeless children and youths as 

5 a separate category under subparagraph 

6 (C)(v).’’; and 

7 (B) in subsection (c)— 

8 (i) in paragraph (13), by striking 

9 ‘‘and’’ after the semicolon; 

10 (ii) in paragraph (14), by striking the 

11 period at the end and inserting ‘‘; and’’; 

12 and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(15) the State will ensure that the require16 ments of subtitle B of title VII of the McKinney17 Vento Homeless Assistance Act are satisfied.’’; 

18 (2) in section 1112 (20 U.S.C. 6312)— 

19 (A) by striking subsection (b)(1)(O) and 

20 inserting the following: 

21 ‘‘(O) a description of— 

22 ‘‘(i) how the local educational agency 

23 will ensure the enrollment, attendance, and 

24 success of homeless children and youths; 


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1 ‘‘(ii) the services the local educational 

2 agency will provide homeless children and 

3 youths, including services provided with 

4 funds reserved under section 1113(c)(3); 

5 ‘‘(iii) the amount of funds reserved 

6 under section 1113(c)(3); 

7 ‘‘(iv) the needs assessment conducted 

8 to determine the amount of funds reserved 

9 under section 1113(c)(3); 

10 ‘‘(v) how the amount of funds re11 served under section 1113(c)(3) was deter12 mined and the amount of funds’ relation to 

13 the needs assessment; 

14 ‘‘(vi) the collaborative role of the liai15 son designated pursuant to section 

16 722(g)(1)(J)(ii) of the McKinney-Vento 

17 Homeless Assistance Act in determining 

18 the amount of funds reserved and the serv19 ices provided; and 

20 ‘‘(vii) the services the local edu21 cational agency provided homeless children 

22 and youths in the previous academic year, 

23 including services provided with funds re24 served under section 1113(c)(3), an expla25 nation of any discrepancy between the anVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 ticipated and actual use of funds, and an 

2 explanation of any unspent reserved 

3 funds;’’; and 

4 (B) in subsection (c)(1)— 

5 (i) in subparagraph (N), by striking 

6 ‘‘and’’ after the semicolon; 

7 (ii) in subparagraph (O), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iii) by adding at the end the fol11 lowing new subparagraph: 

12 ‘‘(P) comply with the requirements of sub13 title B of title VII of the McKinney-Vento 

14 Homeless Assistance Act that relate to the local 

15 educational agency.’’; 

16 (3) by striking section 1113(c)(3) (20 U.S.C. 

17 6313(c)(3)) and inserting the following: 

18 ‘‘(3) RESERVATION.— 

19 ‘‘(A) IN GENERAL.— 

20 ‘‘(i) FUNDS FOR HOMELESS CHIL21 DREN AND YOUTHS.—A local educational 

22 agency shall reserve funds under this part 

23 to assist homeless children and youths who 

24 are attending schools receiving assistance 

25 under section 1114 or 1115, or schools not 


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1 receiving assistance under this part, in sat2 isfying the State’s academic achievement 

3 standards. 

4 ‘‘(ii) HOMELESS CHILDREN AND

5 YOUTHS.—In this paragraph, the term 

6 ‘homeless children and youths’ has the 

7 meaning given the term in section 725(3) 

8 of the McKinney-Vento Homeless Assist9 ance Act. 

10 ‘‘(B) USE OF FUNDS.—Notwithstanding 

11 the requirements of subsections (b) and (c) of 

12 section 1120A, funds reserved under subpara13 graph (A) may be used to provide homeless 

14 children and youths with services not ordinarily 

15 provided to other students under this part, in16 cluding— 

17 ‘‘(i) providing funding for the liaison 

18 designated pursuant to section 

19 722(g)(1)(J)(ii) of the McKinney-Vento 

20 Homeless Assistance Act; 

21 ‘‘(ii) providing transportation pursu22 ant to section 722(g)(1)(J)(iii) of such 

23 Act; 


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1 ‘‘(iii) providing services to preschool2 aged homeless children and homeless sec3 ondary school students; 

4 ‘‘(iv) providing support services to 

5 homeless children and youths in shelters 

6 and other locations where they may live; 

7 and 

8 ‘‘(v) removing barriers to homeless 

9 children and youths’ enrollment, attend10 ance, retention, and success in school. 

11 ‘‘(C) AMOUNT RESERVED.—The amount of 

12 funds reserved under subparagraph (A) shall be 

13 determined collaboratively with the liaison des14 ignated pursuant to section 722(g)(1)(J)(ii) of 

15 the McKinney-Vento Homeless Assistance Act 

16 and based upon an assessment of the needs of 

17 homeless children and youths in the local edu18 cational agency, including consideration of the 

19 following: 

20 ‘‘(i) The percentage of students deter21 mined by the local educational agency to 

22 be from a low-income family using the 

23 measures described in subsection (a)(5). 

24 ‘‘(ii) Available data related to child, 

25 youth, and family homelessness in the local 


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1 educational agency, including data re2 ported to the Department of Housing and 

3 Urban Development, data reported to the 

4 Department of Health and Human Serv5 ices under the Runaway and Homeless 

6 Youth Act (42 U.S.C. 5701 et seq.), and 

7 data reported by Head Start, Early Head 

8 Start, and other preschool programs in the 

9 local educational agency. 

10 ‘‘(iii) Information related to child, 

11 youth, and family homelessness in the local 

12 educational agency obtained through the 

13 coordination and collaboration required 

14 under subsections (f)(4) and (g)(5) of sec15 tion 722 of the McKinney-Vento Homeless 

16 Assistance Act. 

17 ‘‘(iv) The number of homeless children 

18 and youths reported by the local edu19 cational agency to the State educational 

20 agency under section 722(f)(3) of the 

21 McKinney-Vento Homeless Assistance Act 

22 for the previous school year. 

23 ‘‘(v) Gaps in identification of homeless 

24 children and youths in the local edu25 cational agency, as described by the liaison 


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1 designated pursuant to section 

2 722(g)(1)(J)(ii) of the McKinney-Vento 

3 Homeless Assistance Act. 

4 ‘‘(vi) Transportation and other needs 

5 of homeless children and youths, as de6 scribed by the liaison designated pursuant 

7 to section 722(g)(1)(J)(ii) of the McKin8 ney-Vento Homeless Assistance Act. 

9 ‘‘(vii) Strategies to improve or main10 tain academic achievement and high school 

11 graduation rates for homeless children and 

12 youths in the local educational agency. 

13 ‘‘(D) INTEGRATION.—The services pro14 vided to homeless children and youths shall, to 

15 the maximum extent practicable, integrate 

16 homeless children and youths with non-homeless 

17 children and youths. 

18 ‘‘(E) COMPARABLE SERVICES.—A local 

19 educational agency shall reserve such funds as 

20 are necessary under this part to provide serv21 ices comparable to those provided to children in 

22 schools funded under this part to serve— 

23 ‘‘(i) children in local institutions for 

24 neglected children; and 


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1 ‘‘(ii) if appropriate, children in local 

2 institutions for delinquent children, and 

3 neglected or delinquent children in commu4 nity day school programs.’’; 

5 (4) in section 1114(b)(1)(A) (20 U.S.C. 

6 6314(b)(1)(A)), by inserting ‘‘and homeless children 

7 and youths as defined in section 725(3) of the 

8 McKinney-Vento Homeless Assistance Act’’ before 

9 ‘‘that is based on information’’; 

10 (5) by striking section 1115(b)(2)(E) (20 

11 U.S.C. 6315(b)(2)(E)) and inserting the following: 

12 ‘‘(E) HOMELESS CHILDREN AND

13 YOUTHS.—A child or youth who is homeless, as 

14 defined in section 725(3) of the McKinney15 Vento Homeless Assistance Act, and attending 

16 any school served by the local educational agen17 cy is eligible for services under this part.’’; 

18 (6) in section 1118(a)(2)(E) (20 U.S.C. 

19 6318(a)(2)(E)), by inserting ‘‘are homeless,’’ before 

20 ‘‘are disabled’’; 

21 (7) in section 1118(f) (20 U.S.C. 6318(f)), by 

22 inserting ‘‘parents of homeless children,’’ before 

23 ‘‘and parents of migratory children’’; 

24 (8) by striking section 1821(1) (20 U.S.C. 

25 6561(1)) and inserting the following: 


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1 ‘‘(1) LOW-INCOME STUDENT.—The term ‘low2 income student’ means a student who is determined 

3 by a local educational agency to be from a low-in4 come family using the measures described in section 

5 1113(a)(5), or a student who is a homeless child or 

6 youth, as defined in section 725(3) of the McKinney7 Vento Homeless Assistance Act.’’; 

8 (9) in section 1822(b)(1) (20 U.S.C. 

9 6561a(b)(1))— 

10 (A) by amending subparagraph (H) to 

11 read as follows: 

12 ‘‘(H) counseling and mentoring for at-risk 

13 students, including students who are homeless 

14 children and youths, as defined in section 

15 725(3) of the McKinney-Vento Homeless As16 sistance Act;’’; 

17 (B) in subparagraph (I), by striking ‘‘and’’ 

18 after the semicolon; 

19 (C) in subparagraph (J), by striking the 

20 period at the end and inserting ‘‘; and’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(K) outreach activities to locate and iden23 tify at-risk students, including homeless chil24 dren and youths, as defined in section 725(3) 


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1 of the McKinney-Vento Homeless Assistance 

2 Act.’’; 

3 (10) in section 1823(b)(1) (20 U.S.C. 

4 6561b(b)(1))— 

5 (A) in subparagraph (F), by striking 

6 ‘‘and’’ after the semicolon; 

7 (B) in subparagraph (G), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(H) describe how the strategies and ac12 tivities will include outreach and services to 

13 homeless children and youths, as defined in sec14 tion 725(3) of the McKinney-Vento Homeless 

15 Assistance Act.’’; 

16 (11) in section 1825(1) (20 U.S.C. 6561d(1))— 

17 (A) in subparagraph (A), by inserting ‘‘, 

18 including homeless children and youths, as de19 fined in section 725(3) of the McKinney-Vento 

20 Homeless Assistance Act’’ after ‘‘at-risk stu21 dents’’; and 

22 (B) in subparagraph (B), by inserting ‘‘, 

23 homeless children and youths (as defined in sec24 tion 725(3) of the McKinney-Vento Homeless 


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1 Assistance Act),’’ after ‘‘racial and ethnic mi2 norities’’; 

3 (12) in section 4203(a) (20 U.S.C. 7173(a))— 

4 (A) in paragraph (10), by inserting ‘‘, in5 cluding homeless children and youths (as de6 fined in section 725(3) of the McKinney-Vento 

7 Homeless Assistance Act),’’ after ‘‘participating 

8 students’’; 

9 (B) in paragraph (13)(B), by striking 

10 ‘‘and’’ after the semicolon; 

11 (C) in paragraph (14), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(15) contains an assurance that the State edu15 cational agency will require eligible entities to de16 scribe in the entities’ applications under section 

17 4204(b) how such entities will ensure the participa18 tion, attendance, and success of eligible homeless 

19 children and youths (as defined in section 725(3) of 

20 the McKinney-Vento Homeless Assistance Act), pay21 ing particular attention to the needs of unaccom22 panied youths.’’; and 

23 (13) in section 5203(b)(3)(L) (20 U.S.C. 

24 7221b(b)(3)(L)), by inserting before the semicolon 

25 at the end the following: ‘‘, and the local educational 


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1 agency requirements under subtitle B of title VII of 

2 the McKinney-Vento Homeless Assistance Act’’. 

Æ 


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