I 

111TH CONGRESS 

2D SESSION H. R. 5285 

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 HOUSE OF REPRESENTATIVES 

MAY 12, 2010 

Mrs. BIGGERT (for herself, Mr. KILDEE, Mr. PLATTS, Ms. FUDGE, and Mr. 

SESTAK) 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 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 2010’’. 


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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.— 

14 ‘‘(1) IN GENERAL.—The Secretary is authorized 

15 to make grants to States in accordance with the pro16 visions of this section to enable such States to carry 

17 out the activities described in subsections (d) 

18 through (g). 

19 ‘‘(2) EMERGENCY DISASTER GRANTS.— 

20 ‘‘(A) IN GENERAL.—In addition to sums 

21 authorized by section 726, there are authorized 

22 to be appropriated to the Secretary such addi23 tional sums as may be necessary to distribute 

24 to local educational agencies directly or through 

25 the Office of Coordinator for Education of 


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1 Homeless Children and Youths in a State edu2 cational agency as emergency disaster grants, 

3 to increase local educational agencies’ capacity 

4 to respond to major disasters. 

5 ‘‘(B) ELIGIBILITY FOR GRANT.—Emer6 gency disaster grant funds shall be made avail7 able, based on demonstrated need, to local edu8 cational agencies whose enrollment of homeless 

9 children and youth has increased as a result of 

10 hurricanes, floods, and other natural disasters 

11 for which the President declared a major dis12 aster under title IV of the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act 

14 of 1974. 

15 ‘‘(C) DISTRIBUTION OF GRANTS.—Not16 withstanding subsection (c) or section 724(e), 

17 the Secretary shall distribute emergency dis18 aster grants— 

19 ‘‘(i) to State or local educational 

20 agencies in amounts determined by the 

21 Secretary and related to the increase in en22 rollment of homeless children and youth as 

23 a result of a major disaster; and 

24 ‘‘(ii) expeditiously, in no case later 

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1 priated to the Secretary, and in a manner 

2 which enables local educational agencies to 

3 use such funds for the immediate needs of 

4 disaster response and ongoing disaster re5 covery. 

6 ‘‘(D) USE OF FUNDS.—Emergency dis7 aster grant funds shall be used to carry out the 

8 activities described in section 723(d). 

9 ‘‘(b) APPLICATION.—In order for a State to be eligi10 ble to receive a grant under subsection (a)(1), the State 

11 educational agency, in consultation with other relevant 

12 State agencies, shall submit an application to the Sec13 retary at such time, in such manner, and containing or 

14 accompanied by such information as the Secretary may 

15 reasonably require. 

16 ‘‘(c) ALLOCATION AND RESERVATIONS.— 

17 ‘‘(1) ALLOCATION.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (C), the Secretary is authorized to allot 

20 to each State an amount that bears the same 

21 ratio to the amount appropriated for such year 

22 under section 726 that remains after the Sec23 retary reserves funds under paragraph (2) and 

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

25 as the amount allocated under section 1122 of 


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1 the Elementary and Secondary Education Act 

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

3 year bears to the total amount allocated under 

4 section 1122 of such Act to all States for that 

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

6 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

7 shall receive less under this paragraph than the 

8 greater of— 

9 ‘‘(i) $300,000; or 

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

11 amount appropriated under section 726 for 

12 that year. 

13 ‘‘(C) RATABLE REDUCTION FOR INSUFFI14 CIENT FUNDS.—If there are insufficient funds 

15 in a fiscal year to allot to each State the min16 imum amount under subparagraph (B), the 

17 Secretary shall ratably reduce the allotments to 

18 all States based on the proportionate share that 

19 each State received under this subsection for 

20 the preceding fiscal year. 

21 ‘‘(2) RESERVATIONS.— 

22 ‘‘(A) STUDENTS IN TERRITORIES.—The 

23 Secretary is authorized to reserve 0.1 percent of 

24 the amount appropriated for each fiscal year 

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1 retary among the United States Virgin Islands, 

2 Guam, American Samoa, and the Common3 wealth of the Northern Mariana Islands, ac4 cording to their respective needs for assistance 

5 under this subtitle, as determined by the Sec6 retary. Funds allocated under this subpara7 graph shall be used for programs that are con8 sistent with the purposes of the programs de9 scribed in this subtitle. 

10 ‘‘(B) INDIAN STUDENTS.— 

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

12 transfer 1 percent of the amount appro13 priated for each fiscal year under section 

14 726 to the Department of the Interior for 

15 programs that are for Indian students 

16 served by schools funded by the Secretary 

17 of the Interior, as determined under the 

18 Indian Self-Determination and Education 

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

20 and that are consistent with the purposes 

21 of the programs described in this subtitle. 

22 ‘‘(ii) AGREEMENT.—The Secretary of 

23 Education and the Secretary of the Inte24 rior shall enter into an agreement, con25 sistent with the requirements of this subVerDate Mar 15 2010 06:28 May 13, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5285.IH H5285

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1 title, for the distribution and use of the 

2 funds described in clause (i) under terms 

3 that the Secretary of Education determines 

4 best meet the purposes of the programs de5 scribed in this subtitle. Such agreement 

6 shall set forth the plans of the Secretary of 

7 the Interior for the use of the funds trans8 ferred, including appropriate goals, objec9 tives, and milestones for that use. 

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

11 made to a State under subsection (a)(1) shall be used for 

12 the following: 

13 ‘‘(1) To carry out the policies set forth in sec14 tion 721 in the State. 

15 ‘‘(2) To provide activities and services to im16 prove the identification of homeless children and 

17 youths and enable such children and youths to enroll 

18 in, attend, and succeed in school and preschool pro19 grams. 

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

21 Coordinator for Education of Homeless Children and 

22 Youths in the State educational agency in accord23 ance with subsection (f) that has sufficient capacity, 

24 resources, and support to carry out the duties de25 scribed in this subtitle. 


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

2 described in subsection (g). 

3 ‘‘(5) To develop and implement professional de4 velopment activities for liaisons designated under 

5 subsection (g)(1)(J)(ii), other local educational agen6 cy and school personnel, and community agencies— 

7 ‘‘(A) to improve their identification of 

8 homeless children and youths; and 

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

10 capacity to respond to, specific problems in the 

11 education of homeless children and youths. 

12 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 

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

14 From the grant funds made available each year to 

15 a State under subsection (a)(1) to carry out this 

16 subtitle, the State educational agency shall dis17 tribute not less than 75 percent by making sub18 grants under section 723 to local educational agen19 cies for the purposes of carrying out section 723. 

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

21 From the remainder of those grant funds, a State 

22 educational agency may use amounts to conduct ac23 tivities under subsection (f) directly or through 

24 grants or contracts. 


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1 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI2 NATOR.—The Coordinator for Education of Homeless 

3 Children and Youths established in each State shall— 

4 ‘‘(1)(A) gather and make publicly available reli5 able, valid, and comprehensive information— 

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

7 and youths identified in the State; 

8 ‘‘(ii) on the nature and extent of the prob9 lems homeless children and youths have in gain10 ing access to public preschool programs and to 

11 public elementary schools and secondary 

12 schools; 

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

14 special needs and barriers to participation and 

15 achievement of such children and youths; 

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

17 educational agency and local educational agen18 cies in the State in addressing such problems 

19 and difficulties; and 

20 ‘‘(v) describing subgrants awarded under 

21 this subtitle, and the success of the programs 

22 under this subtitle in identifying homeless chil23 dren and youths and allowing such children and 

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

25 school; and 


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1 ‘‘(B) ensure that a report indicating the num2 bers of homeless children and youths identified by 

3 each local educational agency in the State shall be 

4 posted annually on the State educational agency’s 

5 website; 

6 ‘‘(2) develop and carry out the State plan de7 scribed in subsection (g); 

8 ‘‘(3) collect data for and transmit to the Sec9 retary, at such time and in such manner as the Sec10 retary may require, reports containing such informa11 tion as the Secretary determines is necessary to as12 sess the educational needs of all homeless children 

13 and youths within the State, including data re14 quested pursuant to subsection (h) of section 724; 

15 ‘‘(4) in order to improve identification of home16 less children and youths and to improve the provi17 sion of comprehensive education and related support 

18 services to homeless children and youths and their 

19 families, and to minimize educational disruption, co20 ordinate activities, and collaborate with— 

21 ‘‘(A) educators, including special education 

22 personnel, child development and preschool pro23 gram personnel, truancy, attendance, and drop24 out prevention personnel, and personnel from 

25 programs provided under titles I, III, and IV of 


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1 the Elementary and Secondary Education Act 

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

3 and 7101 et seq.) and similar State programs; 

4 ‘‘(B) providers of services to homeless chil5 dren and youths and their families, including 

6 services of public and private child welfare and 

7 social services agencies, law enforcement agen8 cies, juvenile and family courts, agencies pro9 viding mental health services, domestic violence 

10 agencies, child care providers, runaway and 

11 homeless youth centers, and providers of serv12 ices and programs funded under the Runaway 

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

14 seq.); 

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

16 and permanent housing to homeless children 

17 and youths, and their families, including public 

18 housing agencies, shelter operators, operators of 

19 transitional housing facilities, and providers of 

20 transitional living programs for homeless 

21 youths; 

22 ‘‘(D) local educational agency liaisons des23 ignated under subsection (g)(1)(J)(ii) for home24 less children and youths; 


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1 ‘‘(E) community organizations and groups 

2 representing homeless children and youths and 

3 their families; 

4 ‘‘(F) relevant State agencies and task 

5 forces, such as State interagency councils on 

6 homelessness, State agencies administering 

7 higher education programs and councils for 

8 higher education, State housing agencies, emer9 gency and disaster response teams, State Head 

10 Start collaboration offices, and State advisory 

11 panels and State interagency coordinating coun12 cils convened under parts B and C of the Indi13 viduals With Disabilities Education Act (20 

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

15 ‘‘(G) the Coordinators for Education of 

16 Homeless Children and Youths in other States, 

17 including adjacent States; 

18 ‘‘(5) provide professional development and tech19 nical assistance to and conduct monitoring of local 

20 educational agencies, in coordination with local edu21 cational agency liaisons designated under subsection 

22 (g)(1)(J)(ii), to ensure that local educational agen23 cies comply with the requirements of paragraphs (3) 

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

25 and 


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

2 guardians of homeless children and youths and un3 accompanied youths to ensure that each child or 

4 youth who is the subject of such an inquiry receives 

5 the full protections and services provided by this 

6 subtitle. 

7 ‘‘(g) STATE PLAN.— 

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

9 the Secretary and carry out a plan to provide for 

10 education and related support services for all home11 less children and youths within the State. Such plan 

12 shall include the following: 

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

14 and youths are (or will be) given the oppor15 tunity to meet the same challenging State stu16 dent academic achievement standards as all stu17 dents are expected to meet. 

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

19 State educational agency will use, in coordina20 tion with local educational agencies, to identify 

21 all such children and youths in the State and 

22 to assess their special needs. 

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

24 prompt resolution of disputes arising under this 

25 subtitle, which shall— 


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1 ‘‘(i) ensure that local educational 

2 agencies have developed dispute resolution 

3 procedures which, at a minimum— 

4 ‘‘(I) are developed in coordina5 tion and collaboration with the liai6 sons designated under subparagraph 

7 (J)(ii); 

8 ‘‘(II) are accessible to parents 

9 and guardians of homeless children 

10 and youths, and to unaccompanied 

11 youths; 

12 ‘‘(III) provide such parents, 

13 guardians, and unaccompanied youths 

14 with sufficient opportunity to present 

15 their complaints; and 

16 ‘‘(IV) designate decisionmakers 

17 who are fair and impartial and have 

18 received training on the requirements 

19 of this subtitle; 

20 ‘‘(ii) ensure that parents and guard21 ians of homeless children and youths, and 

22 unaccompanied youths, who have ex23 hausted the procedures available under 

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

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1 cisions that are binding on the relevant 

2 local educational agencies; 

3 ‘‘(iii) define the role of the Coordi4 nator for Education of Homeless Children 

5 and Youths in resolving disputes under 

6 this subtitle appealed to the State edu7 cational agency; 

8 ‘‘(iv) include procedures to resolve 

9 promptly disputes under this subtitle be10 tween local educational agencies; 

11 ‘‘(v) ensure that homeless children 

12 and youths are enrolled in school pursuant 

13 to paragraph (3)(E) and receive transpor14 tation pursuant to subparagraph (J)(iii) 

15 pending final resolution of disputes, includ16 ing resolution through all available local 

17 and State dispute resolution procedures 

18 and pending legal actions, paying par19 ticular attention to ensuring enrollment in 

20 cases of disputes between local educational 

21 agencies; and 

22 ‘‘(vi) include procedures for State 

23 educational agencies or local educational 

24 agencies to determine the need for, and en25 sure the delivery of, additional academic 


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1 support in cases in which a local edu2 cational agency has unlawfully denied a 

3 student access to school or school services, 

4 including transportation. 

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

6 and other local educational agency personnel 

7 (including the liaisons, principals, attendance 

8 officers, teachers, enrollment personnel, and 

9 pupil services personnel) to heighten the aware10 ness of such personnel of the specific needs of 

11 homeless adolescents, including runaway and 

12 homeless youths. 

13 ‘‘(E) A description of procedures that en14 sure that homeless children and youths are able 

15 to participate in Federal, State, or local nutri16 tion programs. 

17 ‘‘(F) A description of procedures that en18 sure that— 

19 ‘‘(i) homeless children have access to 

20 public preschool programs, administered by 

21 the State educational agency or local edu22 cational agency, including through the poli23 cies and practices required under para24 graph (7); 


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1 ‘‘(ii) homeless youths, including 

2 youths separated from public schools, are 

3 identified and accorded access to appro4 priate secondary education and related 

5 support services, including through the im6 plementation of policies and practices to 

7 ensure that such youths are— 

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

9 or partial coursework satisfactorily 

10 completed while attending a prior 

11 school; 

12 ‘‘(II) are afforded opportunities 

13 to recover credits lost during periods 

14 of homelessness; and 

15 ‘‘(III) are not penalized for ab16 sences related to homelessness and 

17 are allowed to receive credit for work 

18 completed after their enrollment; and 

19 ‘‘(iii) homeless children and youths 

20 who meet the relevant eligibility criteria 

21 have access to magnet school, summer 

22 school, vocational and technical education, 

23 advanced placement, online learning oppor24 tunities, and charter school programs. 


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1 ‘‘(G) Strategies to address problems identi2 fied in the reports provided to the Secretary 

3 under subsection (f)(3). 

4 ‘‘(H) Strategies to address other problems 

5 with respect to the education of homeless chil6 dren and youths, including enrollment problems 

7 related to— 

8 ‘‘(i) immunization and other required 

9 health records and screenings; 

10 ‘‘(ii) residency requirements; 

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

12 records, or other documentation; 

13 ‘‘(iv) guardianship issues; or 

14 ‘‘(v) uniform or dress code require15 ments. 

16 ‘‘(I) A demonstration that the State edu17 cational agency, and local educational agencies 

18 and schools in the State, regularly review and 

19 revise their policies and practices to remove 

20 barriers to the identification, enrollment, at21 tendance, retention, and success of homeless 

22 children and youths in schools and public pre23 school programs in the State. 

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

25 carried out: 


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1 ‘‘(i) PREVENTION OF STIGMAS AND

2 SEGREGATION.—The State educational 

3 agency and local educational agencies in 

4 the State will adopt policies and practices 

5 to ensure that homeless children and 

6 youths are not stigmatized or segregated 

7 on the basis of their status as homeless. 

8 ‘‘(ii) LIAISON.—Local educational 

9 agencies will designate a staff person as 

10 the local educational agency liaison for 

11 homeless children and youths, who shall 

12 have sufficient training, resources, and 

13 time to carry out the duties described in 

14 paragraph (6), and who may also be a co15 ordinator for other Federal programs. 

16 ‘‘(iii) PROVISION OF TRANSPOR17 TATION.—The State and local educational 

18 agencies will adopt policies and practices to 

19 ensure that appropriate transportation 

20 suitable for the needs of the child or youth 

21 is provided expeditiously, at the request of 

22 the parent or guardian involved (or in the 

23 case of an unaccompanied youth, the liai24 son), to and from the school of origin (as 

25 defined in paragraph (3)(J)), for as long 


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1 as the student has the right to attend the 

2 school of origin as determined in para3 graph (3)(A), in accordance with the fol4 lowing, as applicable: 

5 ‘‘(I) WITHIN ONE LOCAL EDU6 CATIONAL AGENCY.—If the child or 

7 youth continues to live in the area 

8 served by the local educational agency 

9 for the school of origin, the child‘s or 

10 youth’s transportation to and from 

11 the school of origin shall be provided 

12 or arranged by the local educational 

13 agency for the school of origin. 

14 ‘‘(II) INVOLVING MORE THAN

15 ONE LOCAL EDUCATIONAL AGENCY.— 

16 If the child’s or youth’s living ar17 rangements in the area served by the 

18 local educational agency of origin ter19 minate and the child or youth, though 

20 continuing the child’s or youth’s edu21 cation in the school of origin, begins 

22 living in an area served by another 

23 local educational agency, the local 

24 educational agency of origin and the 

25 local educational agency for the area 


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1 in which the child or youth is living 

2 shall share equally the cost and re3 sponsibility for providing transpor4 tation to and from the school of origin 

5 unless the agencies agree upon an6 other method to apportion cost and 

7 responsibility, or the State educational 

8 agency has devised another method to 

9 apportion cost and responsibility 

10 among local educational agencies. 

11 ‘‘(iv) SCHOOL SUCCESS.—The State 

12 educational agency and local educational 

13 agencies will adopt policies and practices to 

14 promote school success for homeless chil15 dren and youths, including by— 

16 ‘‘(I) ensuring that homeless chil17 dren and youths have opportunities to 

18 meet the same challenging State stu19 dent academic achievement standards 

20 to which other students are held; 

21 ‘‘(II) ensuring that homeless chil22 dren and youths are able to partici23 pate fully in all classes and school ac24 tivities, including extracurricular ac25 tivities, athletic activities for which 


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1 they meet skill level requirements, be2 fore and after school programs, sum3 mer school programs, field trips, 

4 classes, tests, and activities with fees, 

5 services provided under title I of the 

6 Elementary and Secondary Education 

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

8 and similar State and local programs, 

9 and other activities made available to 

10 nonhomeless students; and 

11 ‘‘(III) ensuring that such policies 

12 and practices remove barriers to par13 ticipation related to fees, credit ac14 crual policies, lack of guardianship, 

15 lack of transportation, enrollment and 

16 participation deadlines, and residency 

17 requirements. 

18 ‘‘(2) COMPLIANCE.— 

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

20 under this subsection shall also describe how 

21 the State will ensure that local educational 

22 agencies in the State will comply with the re23 quirements of paragraphs (3) through (7). 

24 ‘‘(B) COORDINATION.—Such plan shall in25 dicate what technical assistance the State will 


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1 furnish to local educational agencies and how 

2 compliance efforts will be coordinated with the 

3 local educational agency liaisons designated 

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

5 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE6 MENTS.— 

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

8 agency serving each child or youth to be as9 sisted under this subtitle shall, according to the 

10 child’s or youth’s best interest— 

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

12 education in the school of origin for the 

13 duration of homelessness— 

14 ‘‘(I) in any case in which the 

15 child or youth becomes a homeless 

16 child or youth between academic years 

17 or during an academic year; and 

18 ‘‘(II) for the remainder of the 

19 academic year, if the child or youth 

20 becomes permanently housed during 

21 an academic year; or 

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

23 public school that nonhomeless students 

24 who live in the attendance area in which 


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1 the child or youth is actually living are eli2 gible to attend. 

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

4 school stability of the child or youth, and in de5 termining the best interest of the child or youth 

6 under subparagraph (A), the local educational 

7 agency shall— 

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

9 youth in the school of origin is in the 

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

11 when doing so is contrary to the wishes of 

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

13 or the unaccompanied youth; 

14 ‘‘(ii) consider student-centered factors 

15 related to the child’s or youth’s best inter16 est, giving priority to the wishes of the 

17 parent, guardian, or unaccompanied youth, 

18 including— 

19 ‘‘(I) the harmful impact of school 

20 mobility on academic achievement and 

21 social and emotional well-being; 

22 ‘‘(II) the age of the child or 

23 youth; 


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1 ‘‘(III) the impact any commute 

2 may have on the child’s or youth’s 

3 education; 

4 ‘‘(IV) personal safety issues; 

5 ‘‘(V) the child’s or youth’s need 

6 for special instruction, including spe7 cial education and related services; 

8 ‘‘(VI) the length of anticipated 

9 stay in a temporary shelter or other 

10 temporary location; 

11 ‘‘(VII) the time remaining in the 

12 school year; and 

13 ‘‘(VIII) the school placement of 

14 family members; 

15 ‘‘(iii) if, after conducting the best in16 terest determination described in clause 

17 (ii), the local educational agency deter18 mines that it is not in the child’s or 

19 youth’s best interest to attend the school of 

20 origin or the school requested by the par21 ent, guardian, or unaccompanied youth, 

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

23 guardian or the unaccompanied youth with 

24 a written explanation of the reasons for its 

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1 derstandable to such parent, guardian, or 

2 youth, including information regarding the 

3 right to appeal described in subparagraph 

4 (E); 

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

6 youth, ensure that the liaison designated 

7 under paragraph (1)(J)(ii) assists in place8 ment or enrollment decisions under this 

9 subparagraph, gives priority to the views of 

10 such unaccompanied youth, and provides 

11 notice to such youth of the right to appeal 

12 described in subparagraph (E); and 

13 ‘‘(v) provide transportation pursuant 

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

15 ‘‘(C) ENROLLMENT.— 

16 ‘‘(i) IN GENERAL.—The school se17 lected in accordance with this paragraph 

18 shall immediately enroll the homeless child 

19 or youth, even if the child or youth— 

20 ‘‘(I) is unable to produce records 

21 normally required for enrollment, in22 cluding previous academic records, 

23 records of immunizations and health 

24 screenings and other required health 


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1 records, proof of residency or guard2 ianship, or other documentation; 

3 ‘‘(II) has unpaid fines or fees 

4 from prior schools or is unable to pay 

5 fees in the school selected; or 

6 ‘‘(III) has missed application or 

7 enrollment deadlines during any pe8 riod of homelessness. 

9 ‘‘(ii) RELEVANT ACADEMIC

10 RECORDS.—The enrolling school shall im11 mediately contact the school last attended 

12 by the child or youth to obtain relevant 

13 academic and other records. 

14 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

15 If the child or youth needs to obtain immu16 nizations or health screenings, or immuni17 zation or other required health records, the 

18 enrolling school shall immediately enroll 

19 the child or youth and refer the parent or 

20 guardian of the child or youth, or the un21 accompanied youth, to the local edu22 cational agency liaison designated under 

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

24 obtaining necessary immunizations or 

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1 quired health records in accordance with 

2 subparagraph (D). 

3 ‘‘(iv) NO LIABILITY.—Whenever the 

4 school selected enrolls an unaccompanied 

5 youth in accordance with this paragraph, 

6 no liability shall be imposed upon the 

7 school by reason of enrolling the youth 

8 without parent or guardian consent. 

9 ‘‘(D) RECORDS.— 

10 ‘‘(i) IN GENERAL.—Any record ordi11 narily kept by the school, including records 

12 of immunizations and health screenings 

13 and other required health records, aca14 demic records, birth certificates, guardian15 ship records, and evaluations for special 

16 services or programs, regarding each 

17 homeless child or youth shall be— 

18 ‘‘(I) maintained so that the 

19 records involved are available, in a 

20 timely fashion, when a homeless child 

21 or youth enters a new school or school 

22 district; 

23 ‘‘(II) immediately sent to the en24 rolling school, even if the child or 

25 youth owes fees or fines or was not 


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1 withdrawn from the previous school in 

2 conformance with local withdrawal 

3 procedures; and 

4 ‘‘(III) maintained in a manner 

5 consistent with section 444 of the 

6 General Education Provisions Act (20 

7 U.S.C. 1232g). 

8 ‘‘(ii) RELEASE.—School records need9 ed for academic placement decisions shall 

10 be released immediately by the previous 

11 school by facsimile transmission or other 

12 available electronic means. 

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

14 eligibility for services, school selection, enroll15 ment in a school, or any other issue under this 

16 subtitle— 

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

18 be immediately enrolled in the school in 

19 which enrollment is sought, pending final 

20 resolution of the dispute, including all 

21 available appeals; 

22 ‘‘(ii) the parent, guardian, or unac23 companied youth involved shall be provided 

24 with written explanations of any decisions 

25 made by the school, the local educational 


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1 agency, or the State educational agency in2 volved, which shall include information 

3 about the right to appeal such decisions; 

4 ‘‘(iii) the parent, guardian, or unac5 companied youth shall be referred to the 

6 local educational agency liaison designated 

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

8 out the dispute resolution process as de9 scribed in paragraph (1)(C) as expedi10 tiously as possible after receiving notice of 

11 such dispute; and 

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

13 youth, the liaison shall ensure that the 

14 youth is immediately enrolled in the school 

15 in which the youth seeks enrollment pend16 ing resolution of such dispute. 

17 ‘‘(F) PLACEMENT CHOICE.—The choice re18 garding placement shall be made regardless of 

19 whether the child or youth involved lives with 

20 the homeless parents or has been temporarily 

21 placed elsewhere. 

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

23 this subtitle shall prohibit a local educational 

24 agency from requiring a parent or guardian of 

25 a homeless child to submit contact information. 


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1 ‘‘(H) PRIVACY.—Information about a 

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

3 be treated as a student education record under 

4 section 444 of the General Education Provi5 sions Act (20 U.S.C. 1232g) and shall not be 

6 released to housing providers, employers, law 

7 enforcement personnel, or other persons or 

8 agencies not authorized to have such informa9 tion under section 99.31 of title 34, Code of 

10 Federal Regulations, paying particular atten11 tion to preventing disruption of the living situa12 tion of the child or youth and to supporting the 

13 safety of such children and youths who are sur14 vivors of domestic violence and unaccompanied 

15 youths. 

16 ‘‘(I) ACADEMIC ACHIEVEMENT.—The 

17 school selected in accordance with this para18 graph shall ensure that homeless children and 

19 youths have opportunities to meet the same 

20 challenging State student academic achievement 

21 standards to which other students are held, in22 cluding implementing the policies and practices 

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

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

25 this paragraph: 


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1 ‘‘(i) IN GENERAL.—The term ‘school 

2 of origin’ means the school that a child or 

3 youth attended when permanently housed 

4 or the school in which the child or youth 

5 was last enrolled. 

6 ‘‘(ii) RECEIVING SCHOOL.—When the 

7 child or youth completes the final grade 

8 level served by the school of origin, as de9 scribed in clause (i), the term ‘school of or10 igin’ shall include the designated receiving 

11 school at the next grade level for all feeder 

12 schools. 

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

14 receiving services provided for homeless children and 

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

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

17 homeless child or youth to be assisted under this 

18 subtitle also shall be provided services comparable to 

19 services offered to other students in the school se20 lected under paragraph (3), including the following: 

21 ‘‘(A) Transportation services. 

22 ‘‘(B) Educational services for which the 

23 child or youth meets the eligibility criteria, in24 cluding services provided under title I of the El25 ementary and Secondary Education Act of 1965 


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1 (20 U.S.C. 6301 et seq.) or services of similar 

2 State or local programs, charter schools, mag3 net schools, educational programs for children 

4 with disabilities, and educational programs for 

5 students with limited English proficiency. 

6 ‘‘(C) Programs in vocational and technical 

7 education. 

8 ‘‘(D) Programs for gifted and talented stu9 dents. 

10 ‘‘(E) School nutrition programs. 

11 ‘‘(5) COORDINATION.— 

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

13 agency shall coordinate— 

14 ‘‘(i) the provision of services under 

15 this subtitle with the services of local social 

16 services agencies and other agencies or en17 tities providing services to homeless chil18 dren and youths and their families, includ19 ing services and programs funded under 

20 the Runaway and Homeless Youth Act (42 

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

22 agencies serving unaccompanied youths, 

23 public and private child welfare agencies, 

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1 grams, and agencies providing mental 

2 health services; 

3 ‘‘(ii) transportation, transfer of school 

4 records, and other interdistrict activities, 

5 with other local educational agencies; 

6 ‘‘(iii) the provision of services under 

7 this subtitle with the provision of other 

8 education programs, including programs 

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

10 Elementary and Secondary Education Act 

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

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

13 and local programs, programs in vocational 

14 and technical education, truancy and drop15 out prevention programs, before and after 

16 school programs, summer school programs, 

17 programs provided for students with dis18 abilities, students with limited English pro19 ficiency, and gifted and talented students, 

20 and local educational agency transpor21 tation services; and 

22 ‘‘(iv) activities, planning, and initia23 tives with State and local agencies and or24 ganizations providing emergency, transi25 tional, and permanent housing and other 


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1 services to homeless families and unaccom2 panied youths, including developing and 

3 implementing strategies to minimize edu4 cational disruption for children and youths 

5 who become homeless. 

6 ‘‘(B) COORDINATION PURPOSE.—The co7 ordination required under subparagraph (A) 

8 shall be designed to— 

9 ‘‘(i) ensure that all homeless children 

10 and youths are promptly identified; 

11 ‘‘(ii) ensure that homeless children 

12 and youths have access to and are in rea13 sonable proximity to available education 

14 and related support services; 

15 ‘‘(iii) decrease school mobility and en16 sure that agencies placing homeless chil17 dren and youth in housing and agencies 

18 providing housing and other services con19 sider the proximity of housing and services 

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

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

22 ‘‘(iv) raise the awareness of school 

23 personnel and service providers of the ef24 fects of short-term stays in a shelter and 


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1 other challenges associated with homeless2 ness. 

3 ‘‘(C) HOMELESS CHILDREN AND YOUTHS

4 WITH DISABILITIES.— 

5 ‘‘(i) IN GENERAL.—For children and 

6 youth who are to be assisted both under 

7 this subtitle, and under the Individuals 

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

9 1400 et seq.) or section 504 of the Reha10 bilitation Act of 1973 (29 U.S.C. 794), 

11 each local educational agency shall coordi12 nate the provision of services under this 

13 subtitle with the provision of programs for 

14 children with disabilities served by that 

15 local educational agency and other involved 

16 local educational agencies. 

17 ‘‘(ii) COST AND RESPONSIBILITY FOR

18 INDIVIDUALS WITH DISABILITIES.—Such 

19 coordination shall include the following: 

20 ‘‘(I) TRANSPORTATION.—Each 

21 local educational agency shall adopt 

22 policies and practices to apportion the 

23 cost and responsibility for providing 

24 transportation to children and youths 

25 entitled to transportation services 


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

2 the Individuals with Disabilities Edu3 cation Act (20 U.S.C. 1400 et seq.) or 

4 section 504 of the Rehabilitation Act 

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

6 ‘‘(II) PUBLIC OR PRIVATE EDU7 CATIONAL PROGRAM.— 

8 ‘‘(aa) IN GENERAL.—Except 

9 as provided in item (bb), if a 

10 local educational agency has 

11 placed a child or youth in a pri12 vate educational program, or in a 

13 public educational program out14 side the area served by that local 

15 educational agency, under section 

16 614(d)(1)(A) of the Individuals 

17 with Disabilities Education Act 

18 (20 U.S.C. 1414(d)(1)(A)), and 

19 though moving to an area served 

20 by another local educational 

21 agency, the homeless child or 

22 youth is to remain in that edu23 cational program as the child’s or 

24 youth’s school of origin (as de25 fined in paragraph (3)(J)) under 


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1 subparagraphs (A) and (B) of 

2 paragraph (3), the local edu3 cational agency that made the 

4 placement shall continue pay5 ments for the placement. 

6 ‘‘(bb) EXCEPTION.—Item 

7 (aa) shall apply unless the local 

8 educational agency that made the 

9 placement and the local edu10 cational agency in the area where 

11 the student is temporarily resid12 ing agree upon another method 

13 to apportion the cost, or the 

14 State educational agency involved 

15 has devised another method to 

16 apportion cost and responsibility 

17 among local educational agencies. 

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

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

20 agency liaison for homeless children and youths, 

21 designated under paragraph (1)(J)(ii), shall en22 sure that— 

23 ‘‘(i) all homeless children and youths 

24 are identified by school personnel and 

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1 ties with other entities and agencies, in2 cluding through such measures as inquiries 

3 concerning housing status on school reg4 istration forms and on withdrawal or exit 

5 forms; 

6 ‘‘(ii) homeless children and youths are 

7 immediately enrolled in, and have a full 

8 and equal opportunity to succeed in, 

9 schools of that local educational agency; 

10 ‘‘(iii) homeless families, and homeless 

11 children and youths, have access to edu12 cational services for which such families, 

13 children, and youths are eligible, including 

14 services through Head Start, Early Head 

15 Start, early intervention, and Even Start 

16 programs, and preschool programs de17 scribed in paragraph (7)(A); 

18 ‘‘(iv) homeless families, and homeless 

19 children and youths receive referrals to 

20 health care services, dental services, mental 

21 health and substance abuse services, hous22 ing services, and other appropriate serv23 ices; 

24 ‘‘(v) the parents or guardians of 

25 homeless children and youths are informed 


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1 of the educational and related opportuni2 ties available to their children, including 

3 preschool opportunities, and are provided 

4 with meaningful opportunities to partici5 pate in the education of their children; 

6 ‘‘(vi) public notice of the educational 

7 rights of homeless children and youths is 

8 incorporated into documents related to 

9 residency requirements or enrollment, pro10 vided upon school enrollment and with11 drawal, posted on the local educational 

12 agency’s website, and disseminated in loca13 tions frequented by parents or guardians 

14 of such children and youths, and unaccom15 panied youths, including schools, shelters, 

16 public libraries, and soup kitchens, in a 

17 manner and form understandable to par18 ents and guardians of homeless children 

19 and youths and unaccompanied youths; 

20 ‘‘(vii) disputes are resolved in accord21 ance with paragraph (3)(E); 

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

23 homeless child or youth, and any unaccom24 panied youth, is fully informed of all trans25 portation services, including transportation 


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1 to the school of origin, as described in 

2 paragraph (1)(J)(iii), and is assisted in ac3 cessing transportation to the school that is 

4 selected under paragraph (3)(A); 

5 ‘‘(ix) school personnel are adequately 

6 prepared to implement this subtitle and re7 ceive professional development, resource 

8 materials, technical assistance, and other 

9 support; and 

10 ‘‘(x) unaccompanied youths— 

11 ‘‘(I) are enrolled in school; 

12 ‘‘(II) have opportunities to meet 

13 the same challenging State student 

14 academic achievement standards to 

15 which other students are held, includ16 ing through implementation of the 

17 policies and practices required by sub18 paragraphs (F)(ii) and (J)(iv) of 

19 paragraph (1); and 

20 ‘‘(III) are informed of their sta21 tus as independent students under 

22 section 480 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1087vv), in24 cluding through school counselors that 

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1 ment about unaccompanied youth, 

2 and receive verification of such status 

3 for purposes of the Free Application 

4 for Federal Student Aid described in 

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

6 1090). 

7 ‘‘(B) NOTICE.—State Coordinators ap8 pointed under subsection (d)(3) and local edu9 cational agencies shall inform school personnel, 

10 service providers, and advocates working with 

11 homeless families and homeless children and 

12 youths of the contact information and duties of 

13 the local educational agency liaisons, including 

14 publishing an annually updated list of the liai15 sons on the State educational agency’s website. 

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

17 The local educational agency liaisons shall, as a 

18 part of their duties, coordinate and collaborate 

19 with the State Coordinators and community 

20 and school personnel responsible for the provi21 sion of education and related support services 

22 to homeless children and youths. Such coordina23 tion shall include collecting and providing to the 

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1 ments of paragraphs (1) and (3) of subsection 

2 (f). 

3 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 

4 local educational agency liaisons shall partici5 pate in the professional development and other 

6 technical assistance activities provided by the 

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

8 ‘‘(7) SCHOOL READINESS FOR HOMELESS CHIL9 DREN.— 

10 ‘‘(A) STATE AND LOCAL EDUCATIONAL

11 AGENCIES.—Each State educational agency and 

12 local educational agency shall ensure that enti13 ties carrying out preschool programs funded, 

14 administered, or overseen by the agency in15 volved— 

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

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

18 State law or policy, such entities shall not 

19 be required to enroll a homeless child im20 mediately in a preschool program that is 

21 operating at full capacity when the child 

22 seeks to enroll; 

23 ‘‘(ii) identify and prioritize homeless 

24 children for enrollment and increase their 

25 enrollment and attendance in preschool 


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1 programs, including through policies such 

2 as— 

3 ‘‘(I) reserving spaces in preschool 

4 programs for homeless children; 

5 ‘‘(II) conducting targeted out6 reach to homeless children and their 

7 families; 

8 ‘‘(III) waiving application dead9 lines; 

10 ‘‘(IV) providing ongoing profes11 sional development for staff regarding 

12 the needs of homeless children and 

13 their families and strategies to serve 

14 the children and families; and 

15 ‘‘(V) developing the capacity to 

16 serve all identified homeless children; 

17 and 

18 ‘‘(iii) review the educational and re19 lated needs of homeless children and their 

20 families in such agency’s service area, in 

21 coordination with the liaison designated 

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

23 policies and practices to meet identified 

24 needs. 


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1 ‘‘(B) OTHER STATE AGENCIES.—In the 

2 case of State-funded preschool programs that 

3 are not funded, administered, or overseen by 

4 the State educational agency or a local edu5 cational agency, the State agency that funds, 

6 administers, or oversees such preschool pro7 grams shall— 

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

9 policies and practices to remove barriers to 

10 the identification, enrollment, attendance, 

11 retention, and success of homeless children 

12 for or in preschool programs funded, ad13 ministered, or overseen by the agency; 

14 ‘‘(ii) ensure that the entities comply 

15 with the provisions of paragraph (3) and 

16 (4) except that such entities, with respect 

17 to such programs— 

18 ‘‘(I) shall not be required to en19 roll a homeless child immediately in a 

20 preschool program that is operating at 

21 full capacity when the child seeks to 

22 enroll, in the absence of contrary 

23 State law or policy; 

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

25 dispute resolution procedures of the 


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1 State educational agency or local edu2 cational agencies, but shall ensure 

3 that all of the dispute resolution pro4 cedures available through such pro5 grams and the State agency that 

6 funds, administers, or oversees such 

7 programs are accessible to parents 

8 and guardians of homeless children 

9 and shall provide such parents and 

10 guardians with a written explanation 

11 of their dispute and appeal rights; and 

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

13 transportation requirements of para14 graphs (1)(J)(iii) or (3)(B)(v), but 

15 shall remove barriers to transpor16 tation services for homeless children 

17 and shall, to the maximum extent 

18 practicable, arrange or provide trans19 portation for homeless children to at20 tend preschool programs, including 

21 their preschool program of origin; 

22 ‘‘(iii) identify and prioritize homeless 

23 children for enrollment and increase their 

24 enrollment and attendance in preschool 


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1 programs, including through policies such 

2 as— 

3 ‘‘(I) reserving spaces in preschool 

4 programs for homeless children; 

5 ‘‘(II) conducting targeted out6 reach to homeless children and their 

7 families; 

8 ‘‘(III) waiving application dead9 lines; 

10 ‘‘(IV) providing ongoing profes11 sional development for staff regarding 

12 the needs of homeless children and 

13 their families and strategies to serve 

14 the children and families; and 

15 ‘‘(V) develop capacity to serve all 

16 identified homeless children; and 

17 ‘‘(iv) review the educational and re18 lated needs of homeless children and their 

19 families in the State, in coordination with 

20 the Office of the Coordinator for Edu21 cation of Homeless Children and Youths 

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

23 develop policies and practices to meet iden24 tified needs. 


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1 ‘‘(h) PROHIBITION ON SEGREGATING HOMELESS

2 CHILDREN AND YOUTHS.— 

3 ‘‘(1) IN GENERAL.—In providing a free appro4 priate public education to a homeless child or youth, 

5 no State receiving funds under this subtitle shall 

6 segregate such child or youth in a separate school, 

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

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

9 ‘‘(2) TRANSITION FROM SEGREGATED SCHOOLS

10 IN FORMERLY COVERED COUNTIES.—To ensure a 

11 smooth, rapid, and complete transition for all home12 less children and youths from segregated to nonseg13 regated schools or programs, in formerly covered 

14 counties, each local educational agency that serves 

15 such a covered county shall— 

16 ‘‘(A) coordinate activities with those seg17 regated schools and schools with segregated 

18 programs located in formerly covered counties, 

19 to identify each homeless child and youth en20 rolled in such schools and programs; 

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

22 identified, determine if the child or youth has a 

23 school of origin (as defined in subsection 

24 (g)(3)(J)) and either— 


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1 ‘‘(i) immediately enroll the child or 

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

3 child’s or youth’s best interest in accord4 ance with this subtitle and consistent with 

5 the wishes of the parent, guardian, or un6 accompanied youth involved, and provide 

7 transportation to and from the school of 

8 origin; or 

9 ‘‘(ii) immediately enroll the child or 

10 youth in any nonsegregated public school if 

11 enrollment in the school of origin is not in 

12 the child’s or youth’s best interest in ac13 cordance with this subtitle or is against the 

14 wishes of the parent, guardian, or unac15 companied youth; 

16 ‘‘(C) provide the parent, guardian, or un17 accompanied youth with information about the 

18 dispute resolution process available under this 

19 subtitle; 

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

21 youth receives the full protections and services 

22 provided by this subtitle; and 

23 ‘‘(E) implement other policies and prac24 tices necessary to ensure a smooth, rapid, and 

25 complete integration of the children and youths 


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1 into the public schools of the local educational 

2 agency. 

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

4 TRANSITION.—The State educational agencies of 

5 California and Arizona shall provide technical assist6 ance to the local educational agencies in the State 

7 that serve formerly covered counties to ensure the 

8 requirements of paragraph (2) are met. 

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

10 end of the academic year in which the Educational 

11 Success for Children and Youth Without Homes Act 

12 of 2009 is enacted, the transition referred to in 

13 paragraph (2) shall be complete. 

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

15 subtitle shall be construed to diminish the rights of par16 ents or guardians of homeless children or youth, or unac17 companied youth, otherwise provided under State law, pol18 icy, or practice, including laws or policies that authorize 

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

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

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

22 THE EDUCATION OF HOMELESS CHILDREN 

23 AND YOUTHS. 

24 ‘‘(a) GENERAL AUTHORITY.— 


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

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

3 from amounts made available to such agency under 

4 section 726, make subgrants to local educational 

5 agencies for the purpose of facilitating the identifica6 tion, enrollment, attendance, and success in school 

7 of homeless children and youths. 

8 ‘‘(2) SERVICES.— 

9 ‘‘(A) IN GENERAL.—Services under para10 graph (1)— 

11 ‘‘(i) may be provided through pro12 grams on school grounds or at other facili13 ties; and 

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

15 practicable, be provided through existing 

16 programs and mechanisms that integrate 

17 homeless children and youths with non18 homeless children and youths. 

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

20 services under paragraph (1) are provided to 

21 homeless children and youths on school 

22 grounds, the school involved may use funds 

23 under this subtitle to provide the same services 

24 to other children and youths who are deter25 mined by the local educational agency serving 


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1 the school to be at risk of failing in, or drop2 ping out of, school. 

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

4 this section shall not replace the regular academic 

5 program and shall be designed to expand upon or 

6 improve services provided as part of the school’s reg7 ular academic program. 

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

9 awarded under this section shall be for terms of not 

10 to exceed 3 years. 

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

12 desires to receive a subgrant under this section shall sub13 mit an application to the State educational agency at such 

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

15 such information as the State educational agency may rea16 sonably require. Such application shall include the fol17 lowing: 

18 ‘‘(1) An assessment of the educational and re19 lated needs of homeless children and youths in the 

20 area served by the local educational agency (which 

21 may be undertaken as part of a needs assessment 

22 for another disadvantaged group). 

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

24 for which assistance is sought to address the needs 

25 identified in paragraph (1). 


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

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

3 aggregate expenditures of that agency and the State 

4 with respect to the provision of free public education 

5 by such agency for the fiscal year preceding the fis6 cal year for which the subgrant determination is 

7 made, was not less than 90 percent of such com8 bined fiscal effort or aggregate expenditures for the 

9 second fiscal year preceding the fiscal year for which 

10 the determination is made. 

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

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

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

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

15 that the agency will implement to ensure that activi16 ties carried out by the agency will not isolate or stig17 matize homeless children and youths. 

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

19 agency will collect and promptly provide data re20 quested by the State Coordinator pursuant to para21 graphs (1) and (3) of section 722(f). 

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

23 the local educational agency has implemented to re24 move barriers to the identification, enrollment, atVerDate Mar 15 2010 06:28 May 13, 2010 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5285.IH H5285

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1 tendance, retention, and success in school of all 

2 homeless children and youths. 

3 ‘‘(c) AWARDS.— 

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

5 agency shall, in accordance with the requirements of 

6 this subtitle and from amounts made available to it 

7 under section 722(a), make subgrants on a competi8 tive basis to local educational agencies that submit 

9 applications under subsection (b). Such subgrants 

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

11 agencies for assistance under this subtitle and the 

12 quality of the applications submitted. 

13 ‘‘(2) NEED.— 

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

15 under paragraph (1), the State educational 

16 agency may consider the number of homeless 

17 children and youths enrolled in preschool, ele18 mentary schools, and secondary schools within 

19 the area served by the local educational agency, 

20 and shall consider the needs of such children 

21 and youths and the ability of the local edu22 cational agency to meet such needs. 

23 ‘‘(B) OTHER CONSIDERATIONS.—The 

24 State educational agency may also consider the 

25 following: 


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

2 use of funds will facilitate the identifica3 tion, enrollment, attendance, retention, and 

4 educational success of homeless children 

5 and youths. 

6 ‘‘(ii) The extent to which the applica7 tion reflects coordination with other local 

8 and State agencies that serve homeless 

9 children and youths. 

10 ‘‘(iii) The extent to which the appli11 cant exhibits in the application and in cur12 rent practice (as of the date of submission 

13 of the application) a commitment to edu14 cation for all homeless children and youths. 

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

16 agency determines to be appropriate. 

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

18 applications under paragraph (1), the State edu19 cational agency shall consider each of the following: 

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

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

22 the program presented in the application will 

23 meet such needs. 


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

2 of the services to be provided under the pro3 gram. 

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

5 promote meaningful involvement of parents or 

6 guardians of homeless children or youths in the 

7 education of their children. 

8 ‘‘(D) The extent to which homeless chil9 dren and youths will be integrated into the reg10 ular education program involved. 

11 ‘‘(E) The quality of the applicant’s evalua12 tion plan for the program. 

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

14 under this subtitle will be coordinated with 

15 other services available to homeless children 

16 and youths and their families, including housing 

17 and child welfare services and services provided 

18 under the Individuals with Disabilities Edu19 cation Act (20 U.S.C. 1400 et seq.), title I of 

20 the Elementary and Secondary Education Act 

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

22 State and local programs. 

23 ‘‘(G) The extent to which the local edu24 cational agency will use the subgrant to lever25 age resources, including by maximizing 


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1 nonsubgrant funding for the position of the liai2 son described in section 722(g)(1)(J)(ii) and 

3 the provision of transportation. 

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

5 funds to serve homeless children and youths 

6 under section 1113(c)(3) of title I of the Ele7 mentary and Secondary Education Act of 1965 

8 (20 U.S.C. 6313(c)(3)). 

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

10 program meets such other measures as the 

11 State educational agency considers to be indic12 ative of a high-quality program, including the 

13 extent to which the local educational agency will 

14 provide services to unaccompanied youth and 

15 preschool-aged children. 

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

17 describes how the applicant will meet the re18 quirements of section 722(g)(3). 

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

20 agency may use funds awarded under this section for ac21 tivities that carry out the purpose of this subtitle, includ22 ing the following: 

23 ‘‘(1) The provision of tutoring, supplemental in24 struction, and enriched educational services that are 

25 linked to the achievement of the same challenging 


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1 State academic content standards and challenging 

2 State student academic achievement standards as 

3 the State establishes for other children and youths. 

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

5 the strengths, needs, and eligibility of homeless chil6 dren and youths, including needs and eligibility for 

7 programs and services (including educational pro8 grams for gifted and talented students, children with 

9 disabilities, and students with limited English pro10 ficiency, charter school programs, magnet school 

11 programs, and programs in vocational and technical 

12 education, and school nutrition programs). 

13 ‘‘(3) Professional development and other activi14 ties for educators and pupil services personnel that 

15 are designed to heighten the understanding and sen16 sitivity of such educators and personnel to the needs 

17 of homeless children and youths, the rights of such 

18 children and youths under this subtitle, and the spe19 cific educational needs of runaway and homeless 

20 youths. 

21 ‘‘(4) The provision of referral services to home22 less children and youths for medical, dental, mental, 

23 and other health services. 

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

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


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

2 preschool programs, not otherwise provided through 

3 Federal, State, or local funding. 

4 ‘‘(6) The provision of developmentally appro5 priate early childhood development programs, not 

6 otherwise provided through Federal, State, or local 

7 funding. 

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

9 attract, engage, and retain homeless children and 

10 youths, particularly homeless children and youths 

11 who are not enrolled in school, in public school pro12 grams and services provided to nonhomeless children 

13 and youths. 

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

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

16 summer programs in which a teacher or other quali17 fied individual provides tutoring, homework assist18 ance, and supervision of educational activities. 

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

20 other costs associated with tracking, obtaining, and 

21 transferring records necessary to facilitate the ap22 propriate placement of homeless children and youths 

23 in school or preschool programs, including birth cer24 tificates, immunization or other required health 


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1 records, academic records, guardianship records, and 

2 evaluations for special programs or services. 

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

4 to the parents of homeless children and youths about 

5 the rights of, and resources available to, such chil6 dren and youths, and other activities designed to in7 crease the meaningful involvement of parents or 

8 guardians of homeless children or youths in the edu9 cation of their children. 

10 ‘‘(11) The development of coordination of ac11 tivities between schools and agencies providing serv12 ices to homeless children and youths, as described in 

13 section 722(g)(5). 

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

15 counseling) and referrals for such services. 

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

17 of homeless children and youths that may arise from 

18 domestic violence and parental mental health or sub19 stance abuse problems. 

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

21 supplies for any nonschool facilities made available 

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

23 this subsection. 

24 ‘‘(15) The provision of school supplies, includ25 ing supplies to be distributed at shelters or temVerDate Mar 15 2010 06:28 May 13, 2010 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5285.IH H5285

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1 porary housing facilities, or other appropriate loca2 tions. 

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

4 cost of the position of liaison designated pursuant to 

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

6 through Federal, State, or local funding. 

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

8 emergency assistance needed to enable homeless chil9 dren and youths to enroll, attend, and succeed in 

10 school or preschool programs. 

11 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

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

13 State plan submitted by a State educational agency under 

14 section 722(g), the Secretary shall use a peer review proc15 ess and shall evaluate whether State laws, policies, and 

16 practices described in such plan adequately address the 

17 problems of all homeless children and youths relating to 

18 access to education and placement as described in such 

19 plan. 

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

21 provide support and technical assistance to State edu22 cational agencies to assist such agencies in carrying out 

23 their responsibilities under this subtitle, and shall estab24 lish or designate a Federal Office of the Coordinator for 

25 Education of Homeless Children and Youths that has sufVerDate Mar 15 2010 06:28 May 13, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H5285.IH H5285

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1 ficient capacity, resources, and support to carry out the 

2 responsibilities described in this subtitle. 

3 ‘‘(c) NOTICE.— 

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

5 the next school year that begins after the date of en6 actment of the Educational Success for Children and 

7 Youth Without Homes Act of 2009, develop and dis8 seminate a public notice of the educational rights of 

9 homeless children and youths. The notice shall in10 clude information regarding the definition of home11 less children and youths in section 725. 

12 ‘‘(2) DISSEMINATION.—The Secretary shall dis13 seminate the notice nationally. The Secretary also 

14 shall disseminate such notice to heads of other De15 partment of Education offices, including those re16 sponsible for special education programs, higher 

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

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

19 V of the Elementary and Secondary Education Act 

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

21 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

22 6801 et seq., 7102 et seq., and 7221 et seq.). The 

23 Secretary shall also disseminate such notice to heads 

24 of other Federal agencies, and grant recipients and 

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1 grams, including Head Start program grantees, 

2 grant recipients under the Health Care for the 

3 Homeless program of the Health Resources and 

4 Services Administration of the Department of 

5 Health and Human Services, grant recipients under 

6 the Emergency Food and Shelter National Board 

7 Program of the Federal Emergency Management 

8 Agency, grant recipients under the Runaway and 

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

10 recipients under the John H. Chafee Foster Care 

11 Independence program, grant recipients under home12 less assistance programs administered by the De13 partment of Housing and Urban Development, and 

14 recipients of Federal funding for programs carried 

15 out by the Administration on Children, Youth and 

16 Families of the Department of Health and Human 

17 Services. 

18 ‘‘(d) EVALUATION AND DISSEMINATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall con20 duct evaluation, dissemination, and technical assist21 ance activities for programs that are designed to 

22 meet the educational needs of homeless preschool, el23 ementary school, and secondary school students, and 

24 may use funds appropriated under section 726 to 

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1 tive agreements with, eligible entities to enable the 

2 eligible entities to carry out such activities. 

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

4 such grant, or entering into such contract or cooper5 ative agreement, may, without regard to the rule6 making procedures under section 553 of title 5, 

7 United States Code, limit competitions to, or other8 wise give priority to, entities with— 

9 ‘‘(A) demonstrated experience in dissemi10 nation and technical assistance activities, in11 cluding using the Internet and other state-of12 the-art technology for efficient and cost-effec13 tive dissemination of information and technical 

14 assistance; 

15 ‘‘(B) demonstrated experience in the areas 

16 of homelessness, serving at-risk youth, and edu17 cation; and 

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

19 collaboration, among State educational agen20 cies, local educational agencies, and national or21 ganizations that provide services to homeless 

22 children and youths, and homeless families. 

23 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec24 retary shall require applications for grants under section 

25 722 to be submitted to the Secretary not later than the 


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

2 that funds are available for purposes of making such 

3 grants and shall make such grants not later than the expi4 ration of the 180-day period beginning on such date. 

5 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec6 retary, based on the information received from the States 

7 and information gathered by the Secretary under sub8 section (h), shall determine the extent to which State edu9 cational agencies are ensuring that each homeless child or 

10 youth has access to a free appropriate public education, 

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

12 support and technical assistance to State educational 

13 agencies in areas in which barriers to a free appropriate 

14 public education persist. 

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

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

17 90 days after the date of enactment of the Educational 

18 Success for Children and Youth Without Homes Act of 

19 2009, a summary of the changes enacted by that Act and 

20 related strategies, which summary shall include— 

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

22 educational agencies to implement the provisions 

23 amended by the Act; 

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

25 revise State policies and procedures that may 


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1 present barriers to the identification, enrollment, at2 tendance, and success of homeless children and 

3 youths in school; and 

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

5 preschool programs can implement requirements of 

6 section 722(g)(7). 

7 ‘‘(h) INFORMATION.— 

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

9 under section 726, the Secretary shall, directly or 

10 through grants, contracts, or cooperative agree11 ments, periodically but no less frequently than every 

12 2 years, collect and disseminate publicly data and in13 formation regarding— 

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

15 youths in all areas served by local educational 

16 agencies, including homeless children enrolled in 

17 preschool programs described in section 

18 722(g)(7)(A) and the type of living situation in 

19 which such children and youth are living when 

20 identified; 

21 ‘‘(B) the education and related support 

22 services such children and youths receive; 

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

24 homeless children and youths are being met; 


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

2 homeless children and youths, including the 

3 percent or number of homeless children and 

4 youths participating in State assessments; and 

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

6 the Secretary determines to be necessary and 

7 relevant to carry out this subtitle. 

8 ‘‘(2) COORDINATION.—The Secretary shall co9 ordinate such collection and dissemination with 

10 other agencies and entities that receive assistance 

11 and administer programs under this subtitle. 

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

13 of enactment of the Educational Success for Children and 

14 Youth Without Homes Act of 2009, the Secretary shall 

15 prepare and submit to the President and the Committee 

16 on Education and Labor of the House of Representatives 

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

18 Pensions of the Senate a report on the status of the provi19 sion of education and related support services to homeless 

20 children and youths, which shall include information on— 

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

22 youths; and 

23 ‘‘(2) the actions of the Secretary and the effec24 tiveness of the programs supported under this sub25 title. 


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1 ‘‘SEC. 725. DEFINITIONS. 

2 ‘‘In this subtitle: 

3 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en4 roll’ and ‘enrollment’ include attending classes and 

5 participating fully in school activities. 

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

7 term ‘formerly covered counties’ means, with respect 

8 to California, San Joaquin County, Orange County, 

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

10 Maricopa County. 

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

12 term ‘homeless children and youths’— 

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

14 regular, and adequate nighttime residence 

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

16 ‘‘(B) includes— 

17 ‘‘(i) children and youths who— 

18 ‘‘(I) are sharing the housing of 

19 other persons due to loss of housing, 

20 economic hardship, or a similar rea21 son; 

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

23 trailer parks, or camping grounds due 

24 to the lack of alternative adequate ac25 commodations; 


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1 ‘‘(III) are living in emergency or 

2 transitional shelters; 

3 ‘‘(IV) are abandoned in hospitals; 

4 or 

5 ‘‘(V) are awaiting foster care 

6 placement; 

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

8 primary nighttime residence that is a pub9 lic or private place not designed for or or10 dinarily used as a regular sleeping accom11 modation for human beings (within the 

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

13 ‘‘(iii) children and youths who are liv14 ing in cars, parks, public spaces, aban15 doned buildings, substandard housing, bus 

16 or train stations, or similar settings; and 

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

18 is defined in section 1309 of the Elemen19 tary and Secondary Education Act of 1965 

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

21 for the purposes of this subtitle because 

22 the children are living in circumstances de23 scribed in clauses (i) through (iii). 

24 ‘‘(4) INCLUDE; INCLUDING.—The terms ‘in25 clude’ and ‘including’ mean that the items named 


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

2 whether like or unlike the items named. 

3 ‘‘(5) LOCAL EDUCATIONAL AGENCY; STATE

4 EDUCATIONAL AGENCY.—The terms ‘local edu5 cational agency’ and ‘State educational agency’ have 

6 the meanings given such terms in section 9101 of 

7 the Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 7801). 

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

10 the Secretary of Education. 

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

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

13 Commonwealth of Puerto Rico. 

14 ‘‘(8) UNACCOMPANIED YOUTH.—The term ‘un15 accompanied youth’ means a homeless child or youth 

16 not in the physical custody of a parent or legal 

17 guardian. 

18 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

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

20 are authorized to be appropriated to the Secretary 

21 $300,000,000 for fiscal year 2010 and such sums as may 

22 be necessary for each of fiscal years 2011 through 2016.’’. 

23 SEC. 3. CONFORMING AMENDMENTS. 

24 The Elementary and Secondary Education Act of 

25 1965 (20 U.S.C. 6301 et seq.) is amended— 


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

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

3 end the following: 

4 ‘‘(L) ACCOUNTABILITY FOR HOMELESS

5 CHILDREN AND YOUTHS.—The accountability 

6 provisions under this Act shall ensure that 

7 homeless children and youths (as defined in sec8 tion 725(3) of the McKinney-Vento Homeless 

9 Assistance Act), are included in academic as10 sessment, reporting, and accountability systems, 

11 consistent with paragraph (3)(C)(xi). Notwith12 standing the requirements of subsection (i), the 

13 State is not required to disaggregate the assess14 ment results of homeless children and youths as 

15 a separate category under subparagraph 

16 (C)(v).’’; and 

17 (B) in subsection (c)— 

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

19 ‘‘and’’ after the semicolon; 

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

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

22 and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(15) the State will ensure that the require2 ments of subtitle B of title VII of the McKinney3 Vento Homeless Assistance Act are satisfied.’’; 

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

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

6 inserting the following: 

7 ‘‘(O) a description of— 

8 ‘‘(i) how the local educational agency 

9 will ensure the enrollment, attendance, and 

10 success of homeless children and youths; 

11 ‘‘(ii) the services the local educational 

12 agency will provide homeless children and 

13 youths, including services provided with 

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

15 ‘‘(iii) the amount of funds reserved 

16 under section 1113(c)(3); 

17 ‘‘(iv) the needs assessment conducted 

18 to determine the amount of funds reserved 

19 under section 1113(c)(3); 

20 ‘‘(v) how the amount of funds re21 served under section 1113(c)(3) was deter22 mined and the amount of funds’ relation to 

23 the needs assessment; 

24 ‘‘(vi) the collaborative role of the liai25 son designated pursuant to section 


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

2 Homeless Assistance Act in determining 

3 the amount of funds reserved and the serv4 ices provided; and 

5 ‘‘(vii) the services the local edu6 cational agency provided homeless children 

7 and youths in the previous academic year, 

8 including services provided with funds re9 served under section 1113(c)(3), an expla10 nation of any discrepancy between the an11 ticipated and actual use of funds, and an 

12 explanation of any unspent reserved 

13 funds;’’; and 

14 (B) in subsection (c)(1)— 

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

16 ‘‘and’’ after the semicolon; 

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

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (iii) by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(P) comply with the requirements of sub23 title B of title VII of the McKinney-Vento 

24 Homeless Assistance Act that relate to the local 

25 educational agency.’’; 


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

2 6313(c)(3)) and inserting the following: 

3 ‘‘(3) RESERVATION.— 

4 ‘‘(A) IN GENERAL.— 

5 ‘‘(i) FUNDS FOR HOMELESS CHIL6 DREN AND YOUTHS.—A local educational 

7 agency shall reserve funds under this part 

8 to assist homeless children and youths who 

9 are attending schools receiving assistance 

10 under section 1114 or 1115, or schools not 

11 receiving assistance under this part, in sat12 isfying the State’s academic achievement 

13 standards. 

14 ‘‘(ii) HOMELESS CHILDREN AND

15 YOUTHS.—In this paragraph, the term 

16 ‘homeless children and youths’ has the 

17 meaning given the term in section 725(3) 

18 of the McKinney-Vento Homeless Assist19 ance Act. 

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

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

22 section 1120A, funds reserved under subpara23 graph (A) may be used to provide homeless 

24 children and youths with services not ordinarily 


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1 provided to other students under this part, in2 cluding— 

3 ‘‘(i) providing funding for the liaison 

4 designated pursuant to section 

5 722(g)(1)(J)(ii) of the McKinney-Vento 

6 Homeless Assistance Act; 

7 ‘‘(ii) providing transportation pursu8 ant to section 722(g)(1)(J)(iii) of such 

9 Act; 

10 ‘‘(iii) providing services to preschool11 aged homeless children and homeless sec12 ondary school students; 

13 ‘‘(iv) providing support services to 

14 homeless children and youths in shelters 

15 and other locations where they may live; 

16 and 

17 ‘‘(v) removing barriers to homeless 

18 children and youths’ enrollment, attend19 ance, retention, and success in school. 

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

21 funds reserved under subparagraph (A) shall be 

22 determined collaboratively with the liaison des23 ignated pursuant to section 722(g)(1)(J)(ii) of 

24 the McKinney-Vento Homeless Assistance Act 

25 and based upon an assessment of the needs of 


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1 homeless children and youths in the local edu2 cational agency, including consideration of the 

3 following: 

4 ‘‘(i) The percentage of students deter5 mined by the local educational agency to 

6 be from a low-income family using the 

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

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

9 youth, and family homelessness in the local 

10 educational agency, including data re11 ported to the Department of Housing and 

12 Urban Development, data reported to the 

13 Department of Health and Human Serv14 ices under the Runaway and Homeless 

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

16 data reported by Head Start, Early Head 

17 Start, and other preschool programs in the 

18 local educational agency. 

19 ‘‘(iii) Information related to child, 

20 youth, and family homelessness in the local 

21 educational agency obtained through the 

22 coordination and collaboration required 

23 under subsections (f)(4) and (g)(5) of sec24 tion 722 of the McKinney-Vento Homeless 

25 Assistance Act. 


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1 ‘‘(iv) The number of homeless children 

2 and youths reported by the local edu3 cational agency to the State educational 

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

5 McKinney-Vento Homeless Assistance Act 

6 for the previous school year. 

7 ‘‘(v) Gaps in identification of homeless 

8 children and youths in the local edu9 cational agency, as described by the liaison 

10 designated pursuant to section 

11 722(g)(1)(J)(ii) of the McKinney-Vento 

12 Homeless Assistance Act. 

13 ‘‘(vi) Transportation and other needs 

14 of homeless children and youths, as de15 scribed by the liaison designated pursuant 

16 to section 722(g)(1)(J)(ii) of the McKin17 ney-Vento Homeless Assistance Act. 

18 ‘‘(vii) Strategies to improve or main19 tain academic achievement and high school 

20 graduation rates for homeless children and 

21 youths in the local educational agency. 

22 ‘‘(D) INTEGRATION.—The services pro23 vided to homeless children and youths shall, to 

24 the maximum extent practicable, integrate 


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1 homeless children and youths with non-homeless 

2 children and youths. 

3 ‘‘(E) COMPARABLE SERVICES.—A local 

4 educational agency shall reserve such funds as 

5 are necessary under this part to provide serv6 ices comparable to those provided to children in 

7 schools funded under this part to serve— 

8 ‘‘(i) children in local institutions for 

9 neglected children; and 

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

11 institutions for delinquent children, and 

12 neglected or delinquent children in commu13 nity day school programs.’’; 

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

15 6314(b)(1)(A)), by inserting ‘‘and homeless children 

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

17 McKinney-Vento Homeless Assistance Act’’ before 

18 ‘‘that is based on information’’; 

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

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

21 ‘‘(E) HOMELESS CHILDREN AND

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

23 defined in section 725(3) of the McKinney24 Vento Homeless Assistance Act, and attending 


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1 any school served by the local educational agen2 cy is eligible for services under this part.’’; 

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

4 6318(a)(2)(E)), by inserting ‘‘are homeless,’’ before 

5 ‘‘are disabled’’; 

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

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

8 ‘‘and parents of migratory children’’; 

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

10 6561(1)) and inserting the following: 

11 ‘‘(1) LOW-INCOME STUDENT.—The term ‘low12 income student’ means a student who is determined 

13 by a local educational agency to be from a low-in14 come family using the measures described in section 

15 1113(a)(5), or a student who is a homeless child or 

16 youth, as defined in section 725(3) of the McKinney17 Vento Homeless Assistance Act.’’; 

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

19 6561a(b)(1))— 

20 (A) by amending subparagraph (H) to 

21 read as follows: 

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

23 students, including students who are homeless 

24 children and youths, as defined in section 


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1 725(3) of the McKinney-Vento Homeless As2 sistance Act;’’; 

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

4 after the semicolon; 

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

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

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

8 ‘‘(K) outreach activities to locate and iden9 tify at-risk students, including homeless chil10 dren and youths, as defined in section 725(3) 

11 of the McKinney-Vento Homeless Assistance 

12 Act.’’; 

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

14 6561b(b)(1))— 

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

16 ‘‘and’’ after the semicolon; 

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

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

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

20 subparagraph: 

21 ‘‘(H) describe how the strategies and ac22 tivities will include outreach and services to 

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

25 Assistance Act.’’; 


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

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

3 including homeless children and youths, as de4 fined in section 725(3) of the McKinney-Vento 

5 Homeless Assistance Act’’ after ‘‘at-risk stu6 dents’’; and 

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

8 homeless children and youths (as defined in sec9 tion 725(3) of the McKinney-Vento Homeless 

10 Assistance Act),’’ after ‘‘racial and ethnic mi11 norities’’; 

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

13 (A) in paragraph (10), by inserting ‘‘, in14 cluding homeless children and youths (as de15 fined in section 725(3) of the McKinney-Vento 

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

17 students’’; 

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

19 ‘‘and’’ after the semicolon; 

20 (C) in paragraph (14), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(15) contains an assurance that the State edu24 cational agency will require eligible entities to de25 scribe in the entities’ applications under section 


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1 4204(b) how such entities will ensure the participa2 tion, attendance, and success of eligible homeless 

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

4 the McKinney-Vento Homeless Assistance Act), pay5 ing particular attention to the needs of unaccom6 panied youths.’’; and 

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

8 7221b(b)(3)(L)), by inserting before the semicolon 

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

10 agency requirements under subtitle B of title VII of 

11 the McKinney-Vento Homeless Assistance Act’’. 

Æ 


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