I 

110TH CONGRESS 

1ST SESSION H. R. 4880 

To amend the McKinney-Vento Homeless Assistance Act to provide for the 

implementation of protection and services for children and youths in 

out of home care, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Mr. DAVIS of Illinois introduced the following bill; which was referred to the 

Committee on Education and Labor, and in addition to the Committee 

on Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the McKinney-Vento Homeless Assistance Act to 

provide for the implementation of protection and services 

for children and youths in out of home care, 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, 


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1 SECTION 1. IMPLEMENTATION OF PROTECTION AND SERV2 ICES FOR CHILDREN AND YOUTHS IN OUT OF 

3 HOME CARE. 

4 (a) IN GENERAL.—The McKinney-Vento Homeless 

5 Assistance Act (42 U.S.C. 11421 et seq.) is amended by 

6 adding at the end the following new subtitle: 

7 ‘‘Subtitle C—Implementation of 

8 Protection and Services for 

9 Children and Youths in Out of 

10 Home Care 

11 ‘‘SEC. 731. STATEMENTS OF POLICY. 

12 ‘‘Congress declares the following: 

13 ‘‘(1) Children and youths in out of home care 

14 face daunting barriers to educational success very 

15 similar to those faced by children experiencing home16 lessness. Extension of the protections and services of 

17 this subtitle to children and youths in out of home 

18 care, therefore, is crucial, to their educational suc19 cess while ensuring that existing State and local 

20 educational agency programs serving homeless chil21 dren and youths are protected and are provided with 

22 adequate support. 

23 ‘‘(2) Efforts to improve educational outcomes 

24 for children and youths in out of home care must be 

25 a joint effort of child welfare agencies responsible 

26 for the welfare of such children and youths and the 


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1 State and local educational agencies pursuant to sec2 tion 732 to provide educational services to such chil3 dren and youths. 

4 ‘‘SEC. 732. IMPLEMENTATION OF PROTECTION AND SERV5 ICES FOR CHILDREN AND YOUTHS IN OUT OF 

6 HOME CARE. 

7 ‘‘(a) IN GENERAL.—Not later than two years after 

8 the date of the enactment of this subtitle or the date on 

9 which the amount appropriated under section 726 equals 

10 or exceeds $90,000,000, whichever comes first, each State 

11 through the State educational agency and each local edu12 cational agency in the State, in collaboration with the 

13 State and local child welfare agencies in the State, shall 

14 provide children and youths in out of home care with the 

15 following: 

16 ‘‘(1) The opportunity to remain in the school of 

17 origin, in accordance with subparagraphs (A) and 

18 (B) of section 722(g)(3), subject to subsection (b) of 

19 this section. 

20 ‘‘(2) Immediate enrollment in the school chosen 

21 pursuant to section 722(g)(3)(C). 

22 ‘‘(3) Maintenance and timely transfer of 

23 records pursuant to section 722(g)(3)(D). 

24 ‘‘(4) Access to the dispute resolution process 

25 pursuant to section 722(g)(3)(E). 


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1 ‘‘(5) The assurance that they will not be seg2 regated in a separate or stigmatized school or sepa3 rate program within a school based on the status of 

4 their being children and youths in out of home care, 

5 pursuant to subsections (e)(3) and (g)(1)(J)(i) of 

6 section 722. 

7 ‘‘(6) Equal access to comparable services as set 

8 forth in section 722(g)(4), subject to subsection (b) 

9 of this section. 

10 ‘‘(7) Equal access to State-funded and local 

11 educational agency-funded preschool programs, ap12 propriate secondary education and support services, 

13 before- and after-school programs for which they are 

14 eligible, including extracurricular activities, pursuant 

15 to section 722(g)(1)(F). 

16 ‘‘(8) Opportunities to meet the same chal17 lenging State student academic achievement stand18 ards that all students are expected to meet pursuant 

19 to section 722(g)(1)(A). 

20 ‘‘(9) Coordination of services with local child 

21 welfare and social service agencies and with local 

22 educational agencies on inter-district issues pursuant 

23 to section 722(g)(5). 

24 ‘‘(b) TRANSPORTATION.—A State under this subtitle 

25 shall not be required to ensure that transportation is proVerDate Aug 31 2005 04:18 Dec 22, 2007 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 vided to the school of origin for a child or youth in out 

2 of home care unless such transportation is otherwise re3 quired by law, the responsible child welfare agency or 

4 other entity agrees to reimburse the cost of providing such 

5 transportation, or transportation is required under section 

6 733. 

7 ‘‘(c) IMPLEMENTATION OF PLAN.—Not later than 

8 one year after the date of the enactment of this subtitle, 

9 each State educational agency, in cooperation with the 

10 State child welfare agency in the State, shall submit to 

11 the Secretary a plan for the implementation of the edu12 cational rights of children and youths in out of home care. 

13 Such plan shall include the following: 

14 ‘‘(1) A description of how the State and the 

15 local child welfare agencies within the State will co16 ordinate and collaborate with the State educational 

17 agency, the Coordinator for Education of Homeless 

18 Children and Youths established under section 

19 722(d)(3), and the local educational agencies in the 

20 State, including liaisons designated under section 

21 722(g)(1)(J)(ii), to ensure the protections and serv22 ices provided under this subtitle will be promptly 

23 and effectively delivered to children and youths in 

24 out of home care, taking into account the need to 


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1 continue serving other children and youths eligible 

2 for protections and services under this subtitle. 

3 ‘‘(2) A description of the policies and proce4 dures which are or will be implemented regarding 

5 confidentiality, information-sharing, and educational 

6 decision-making for such children and youths. 

7 ‘‘(3) A description of the policies and proce8 dures which are or will be implemented regarding 

9 notice, dispute resolution procedures, maintenance of 

10 school records, and health records. 

11 ‘‘(4) A description of specific procedures for 

12 school enrollment and withdrawal of children and 

13 youths in out of home care, including a description 

14 of who within the child welfare agency will work with 

15 the local educational agency to ensure immediate en16 rollment of children and youths in out of home care 

17 and to assist with the smooth transition from school 

18 to school. 

19 ‘‘(5) A description of the numbers and needs of 

20 children and youths in out of home care who will be 

21 eligible for the protections and services under sub22 section (a), including, to the extent available, data 

23 on the numbers of school-age and preschool-age chil24 dren and youths in out of home care in the State by 

25 local educational agencies, and data on the extent of 


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1 school mobility of children and youths in out of 

2 home care in the State. 

3 ‘‘(6) A description of existing barriers to enroll4 ment, attendance, retention, and educational success 

5 in school for children and youths in out of home 

6 care. 

7 ‘‘(7) A description of efforts in the State to re8 cruit foster families and provide placement options 

9 that maintain children and youths in their schools of 

10 origin. 

11 ‘‘(8) Consistent with subsection (d) and section 

12 722(f)(3), data and information regarding children 

13 and youths in out of home care who are eligible for 

14 and are receiving protections and services under sub15 section (a). 

16 ‘‘(9) A description of the policies and proce17 dures to be coordinated with the public child welfare 

18 agency that will assist unaccompanied youths who 

19 are in the custody of such public child welfare agen20 cy to maintain school enrollment and attendance 

21 through stable housing. 

22 ‘‘(10) Pursuant to subsection (b), a description 

23 of how required transportation services will be pro24 vided and coordinated. 


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1 ‘‘(d) ADDITIONAL SECRETARIAL RESPONSIBIL2 ITIES.— 

3 ‘‘(1) INFORMATION.— 

4 ‘‘(A) IN GENERAL.—From funds appro5 priated under section 726, the Secretary, in co6 ordination with the Secretary of Health and 

7 Human Services, shall, directly or through 

8 grants, contracts, or cooperative agreements, 

9 periodically collect and disseminate data and in10 formation regarding— 

11 ‘‘(i) the number and location of chil12 dren and youths in out of home care; 

13 ‘‘(ii) the education and related serv14 ices such children and youths receive; 

15 ‘‘(iii) the extent to which the edu16 cational needs of children and youths in 

17 out of home care are being met; and 

18 ‘‘(iv) such other data and information 

19 as the Secretary determines necessary and 

20 relevant to carry out this subtitle. 

21 ‘‘(B) COORDINATION.—The Secretary shall 

22 coordinate such collection and dissemination 

23 with other agencies and entities that receive as24 sistance and administer programs under this 

25 subtitle. The Secretary shall also coordinate the 


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1 collection of such data with the data collection 

2 required under section 724(h). 

3 ‘‘(2) REPORT.—Not later than four years after 

4 the date of the enactment of this subtitle, the Sec5 retary shall submit to the President and the Com6 mittee on Education and Labor of the House of 

7 Representatives and the Committee on Health, Edu8 cation, Labor, and Pensions of the Senate a report 

9 on the status of education of children and youths in 

10 out of home care, including information on the ac11 tions of the Secretary and the effectiveness of the 

12 programs supported under this subtitle. 

13 ‘‘(e) RULES OF CONSTRUCTION.— 

14 ‘‘(1) NO SHIFTING RESPONSIBILITIES.—Noth15 ing in this subtitle is intended to shift responsibil16 ities to State or local educational agencies for duties 

17 and activities related to meeting the educational 

18 needs of children and youths in out of home care 

19 that the State child welfare agency has specifically 

20 assumed in its State plan submitted pursuant to 

21 parts B or E of title IV of the Social Security Act 

22 (42 U.S.C. 621 et seq. and 670 et seq.). 

23 ‘‘(2) NO PRECLUSION OF EARLY IMPLEMENTA24 TION.—Nothing in this section shall preclude a State 

25 from extending the protections under this section to 


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1 children and youths in out of home care before the 

2 date that is two years after the date of the enact3 ment of this subtitle or the date on which the 

4 amount appropriated under section 726 equals or ex5 ceeds $90,000,000, whichever comes first, except 

6 that if a State implements such protections before 

7 either of such dates, the State shall first submit the 

8 implementation plan required under subsection (c). 

9 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds appro10 priated under this subtitle shall be used to supplement, 

11 not supplant, Federal and non-Federal funds available 

12 through State and local child welfare agencies for expenses 

13 related to the education of children and youths who are 

14 in out of home care. 

15 ‘‘SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION 

16 FOR CHILDREN AND YOUTHS IN OUT OF 

17 HOME CARE. 

18 ‘‘State and local educational agencies shall be re19 quired to ensure that transportation is provided to enable 

20 children and youths in out of home care to remain in their 

21 schools of origin as specified under this subtitle— 

22 ‘‘(1) when the amount appropriated under sec23 tion 726 equals or exceeds $140,000,000; 

24 ‘‘(2) such transportation is otherwise required 

25 by law; or 


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1 ‘‘(3) the responsible child welfare agency or 

2 other entity agrees to reimburse the cost of pro3 viding such transportation. 

4 ‘‘SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER 

5 CARE PLACEMENT. 

6 ‘‘Nothing in sections 732 and 733 shall be construed 

7 to relieve States or local educational agencies of responsi8 bility under this subtitle to serve children and youths 

9 awaiting foster care placement. 

10 ‘‘SEC. 735. ACTION BY COURT. 

11 ‘‘If the right of the birth or adoptive parent or legal 

12 guardian of a child or youth to make educational decisions 

13 for such child or youth has been terminated or suspended 

14 by an order of the court, or if the birth or adoptive parent 

15 or legal guardian cannot be identified or located after rea16 sonable efforts, is not available with reasonable prompt17 ness to assist in enrollment or placement decisions, or is 

18 not acting in the best educational interests of such child 

19 or youth with respect to enrollment or placement deci20 sions, a court may appoint an individual to serve as the 

21 educational decisionmaker of such child or youth who shall 

22 have the same rights as a parent or guardian under this 

23 subtitle. In making such appointment, if such child or 

24 youth is eligible for services under the Individuals with 

25 Disabilities Education Act, the court shall consider whethVerDate Aug 31 2005 04:18 Dec 22, 2007 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 er the individual who is serving as the parent or surrogate 

2 parent under sections 615(b)(2) and 639(a)(5) of such Act 

3 of such child or youth should serve as the educational deci4 sionmaker for the purpose of this subtitle. 

5 ‘‘SEC. 736. DEFINITIONS. 

6 ‘‘In this subtitle: 

7 ‘‘(1) CHILDREN AND YOUTHS IN OUT OF HOME

8 CARE.—The term ‘children and youths in out of 

9 home care’ means children and youths who are in 

10 the custody of a public child welfare agency, includ11 ing foster family homes, kinship care families, group 

12 homes, and other congregate care facilities. 

13 ‘‘(2) PARENT OR GUARDIAN.—The term ‘parent 

14 or guardian’ means, with respect to children or 

15 youths in out of home care— 

16 ‘‘(A) the birth or adoptive parent or legal 

17 guardian of such a child or youth, unless such 

18 parent’s or guardian’s right to make edu19 cational decisions for such child or youth has 

20 been terminated or suspended by a court; or 

21 ‘‘(B) the educational decisionmaker ap22 pointed by a court to make educational deci23 sions for such child or youth.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of the McKinney-Vento Homeless Assistance Act is 

3 amended by adding at the end the following: 

‘‘Subtitle C—Implementation of Protection and Services for Children and 

Youths in Out of Home Care 

‘‘Sec. 731. Statements of policy. 

‘‘Sec. 732. Implementation of protection and services for children and youths 

in out of home care. 

‘‘Sec. 733. Special rule regarding transportation for children and youths in out 

of home care. 

‘‘Sec. 734. Children and youths awaiting foster care placement. 

‘‘Sec. 735. Action by court. 

‘‘Sec. 736. Definitions.’’. 

Æ 


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