II 

111TH CONGRESS 

1ST SESSION S. 2800 

To amend subtitle B of title VII of the McKinney-Vento Homeless Assistance 

Act to provide education for homeless children and youths, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2009 

Mrs. MURRAY (for herself and Mr. FRANKEN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act to provide education for homeless children and youths, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 for Children and Youth Without Homes Act of 2009’’. 


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1 SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND 

2 YOUTHS. 

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

5 to read as follows: 

6 ‘‘Subtitle B—Education for 

7 Homeless Children and Youths 

8 ‘‘SEC. 721. STATEMENT OF POLICY. 

9 ‘‘The following is the policy of Congress: 

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

11 shall ensure that each homeless child and youth has 

12 access to the same free appropriate public education, 

13 including a public preschool education, as is provided 

14 to other children and youths. 

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

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

18 the identification, enrollment, attendance, or success 

19 in school of homeless children and youths, the State 

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

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

24 is provided to other children and youths. 


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

2 separate students from the mainstream school envi3 ronment. 

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

5 access to the education and other services that such 

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

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

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

11 THE EDUCATION OF HOMELESS CHILDREN 

12 AND YOUTHS. 

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

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

16 to enable such States to carry out the activities described 

17 in subsections (d) through (h). 

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

21 agencies, shall submit an application to the Secretary at 

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

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

25 ‘‘(c) ALLOCATION AND RESERVATIONS.— 


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1 ‘‘(1) ALLOCATION.— 

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

4 to each State an amount that bears the same 

5 ratio to the amount appropriated for such year 

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

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

9 as the amount allocated under section 1122 of 

10 the Elementary and Secondary Education Act 

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

12 year bears to the total amount allocated under 

13 section 1122 of such Act to all States for that 

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

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

16 shall receive less under this paragraph than the 

17 greater of— 

18 ‘‘(i) $300,000; or 

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

20 amount appropriated under section 726 for 

21 that year. 

22 ‘‘(C) RATABLE REDUCTION FOR INSUFFI23 CIENT FUNDS.—If there are insufficient funds 

24 in a fiscal year to allot to each State the min25 imum amount under subparagraph (B), the 


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1 Secretary shall ratably reduce the allotments to 

2 all States based on the proportionate share that 

3 each State received under this subsection for 

4 the preceding fiscal year. 

5 ‘‘(2) RESERVATIONS.— 

6 ‘‘(A) STUDENTS IN TERRITORIES.—The 

7 Secretary is authorized to reserve 0.1 percent of 

8 the amount appropriated for each fiscal year 

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

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

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

19 ‘‘(B) INDIAN STUDENTS.— 

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

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

23 726 to the Department of the Interior for 

24 programs that are for Indian students 

25 served by schools funded by the Secretary 


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1 of the Interior, as determined under the 

2 Indian Self-Determination and Education 

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

4 and that are consistent with the purposes 

5 of the programs described in this subtitle. 

6 ‘‘(ii) AGREEMENT.—The Secretary of 

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

11 funds described in clause (i) under terms 

12 that the Secretary of Education determines 

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

15 shall set forth the plans of the Secretary of 

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

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

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

21 following: 

22 ‘‘(1) To carry out the policies set forth in sec23 tion 721 in the State. 

24 ‘‘(2) To provide activities and services to im25 prove the identification of homeless children and 


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1 youths and enable such children and youths to enroll 

2 in, attend, and succeed in school and preschool pro3 grams. 

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

5 Coordinator for Education of Homeless Children and 

6 Youths in the State educational agency in accord7 ance with subsection (f) that has sufficient capacity, 

8 resources, and support to carry out the duties de9 scribed in this subtitle. 

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

11 described in subsection (g). 

12 ‘‘(5) To develop and implement professional de13 velopment activities for liaisons designated under 

14 subsection (g)(1)(J)(ii), other local educational agen15 cy and school personnel, and community agencies— 

16 ‘‘(A) to improve their identification of 

17 homeless children and youths; and 

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

19 capacity to respond to, specific problems in the 

20 education of homeless children and youths. 

21 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 

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

23 From the grant funds made available each year to 

24 a State under subsection (a) to carry out this sub25 title, the State educational agency shall distribute 


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1 not less than 75 percent by making subgrants under 

2 section 723 to local educational agencies for the pur3 poses of carrying out section 723. 

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

5 From the remainder of those grant funds, a State 

6 educational agency may use amounts to conduct ac7 tivities under subsection (f) directly or through 

8 grants or contracts. 

9 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI10 NATOR.—The Coordinator for Education of Homeless 

11 Children and Youths established in each State shall— 

12 ‘‘(1)(A) gather and make publicly available reli13 able, valid, and comprehensive information— 

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

15 and youths identified in the State; 

16 ‘‘(ii) on the nature and extent of the prob17 lems homeless children and youths have in gain18 ing access to public preschool programs and to 

19 public elementary schools and secondary 

20 schools; 

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

22 special needs and barriers to participation and 

23 achievement of such children and youths; 

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

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1 cies in the State in addressing such problems 

2 and difficulties; and 

3 ‘‘(v) describing subgrants awarded under 

4 this subtitle, and the success of the programs 

5 under this subtitle in identifying homeless chil6 dren and youths and allowing such children and 

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

8 school; and 

9 ‘‘(B) ensure that a report indicating the num10 bers of homeless children and youths identified by 

11 each local educational agency in the State shall be 

12 posted annually on the State educational agency’s 

13 website; 

14 ‘‘(2) develop and carry out the State plan de15 scribed in subsection (g); 

16 ‘‘(3) collect data for and transmit to the Sec17 retary, at such time and in such manner as the Sec18 retary may require, reports containing such informa19 tion as the Secretary determines is necessary to as20 sess the educational needs of all homeless children 

21 and youths within the State, including data re22 quested pursuant to subsection (h) of section 724; 

23 ‘‘(4) in order to improve identification of home24 less children and youths and to improve the provi25 sion of comprehensive education and related support 


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1 services to homeless children and youths and their 

2 families, and to minimize educational disruption, co3 ordinate activities, and collaborate with— 

4 ‘‘(A) educators, including special education 

5 personnel, child development and preschool pro6 gram personnel, truancy, attendance, and drop7 out prevention personnel, and personnel from 

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

9 the Elementary and Secondary Education Act 

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

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

12 ‘‘(B) providers of services to homeless chil13 dren and youths and their families, including 

14 services of public and private child welfare and 

15 social services agencies, law enforcement agen16 cies, juvenile and family courts, agencies pro17 viding mental health services, domestic violence 

18 agencies, child care providers, runaway and 

19 homeless youth centers, and providers of serv20 ices and programs funded under the Runaway 

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

22 seq.); 

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

24 and permanent housing to homeless children 

25 and youths, and their families, including public 


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1 housing agencies, shelter operators, operators of 

2 transitional housing facilities, and providers of 

3 transitional living programs for homeless 

4 youths; 

5 ‘‘(D) local educational agency liaisons des6 ignated under subsection (g)(1)(J)(ii) for home7 less children and youths; 

8 ‘‘(E) community organizations and groups 

9 representing homeless children and youths and 

10 their families; 

11 ‘‘(F) relevant State agencies and task 

12 forces, such as State interagency councils on 

13 homelessness, State agencies administering 

14 higher education programs and councils for 

15 higher education, State housing agencies, emer16 gency and disaster response teams, State Head 

17 Start collaboration offices, and State advisory 

18 panels and State interagency coordinating coun19 cils convened under parts B and C of the Indi20 viduals With Disabilities Education Act (20 

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

22 ‘‘(G) the Coordinators for Education of 

23 Homeless Children and Youths in other States, 

24 including adjacent States; 


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1 ‘‘(5) provide professional development and tech2 nical assistance to and conduct monitoring of local 

3 educational agencies, in coordination with local edu4 cational agency liaisons designated under subsection 

5 (g)(1)(J)(ii), to ensure that local educational agen6 cies comply with the requirements of paragraphs (3) 

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

8 and 

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

10 guardians of homeless children and youths and un11 accompanied youths to ensure that each child or 

12 youth who is the subject of such an inquiry receives 

13 the full protections and services provided by this 

14 subtitle. 

15 ‘‘(g) STATE PLAN.— 

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

17 the Secretary and carry out a plan to provide for 

18 education and related support services for all home19 less children and youths within the State. Such plan 

20 shall include the following: 

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

22 and youths are (or will be) given the oppor23 tunity to meet the same challenging State stu24 dent academic achievement standards as all stu25 dents are expected to meet. 


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

2 State educational agency will use, in coordina3 tion with local educational agencies, to identify 

4 all such children and youths in the State and 

5 to assess their special needs. 

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

7 prompt resolution of disputes arising under this 

8 subtitle, which shall— 

9 ‘‘(i) ensure that local educational 

10 agencies have developed dispute resolution 

11 procedures which, at a minimum— 

12 ‘‘(I) are developed in coordina13 tion and collaboration with the liai14 sons designated under subparagraph 

15 (J)(ii); 

16 ‘‘(II) are accessible to parents 

17 and guardians of homeless children 

18 and youths, and to unaccompanied 

19 youths; 

20 ‘‘(III) provide such parents, 

21 guardians, and unaccompanied youths 

22 with sufficient opportunity to present 

23 their complaints; and 


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1 ‘‘(IV) designate decisionmakers 

2 who have received training on the re3 quirements of this subtitle; 

4 ‘‘(ii) ensure that parents and guard5 ians of homeless children and youths, and 

6 unaccompanied youths, who have ex7 hausted the procedures available under 

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

9 educational agency, which shall render de10 cisions that are binding on the relevant 

11 local educational agencies; 

12 ‘‘(iii) define the role of the Coordi13 nator for Education of Homeless Children 

14 and Youths in resolving disputes under 

15 this subtitle appealed to the State edu16 cational agency; 

17 ‘‘(iv) include procedures to resolve 

18 promptly disputes under this subtitle be19 tween local educational agencies; 

20 ‘‘(v) ensure that homeless children 

21 and youths are enrolled in school pursuant 

22 to paragraph (3)(E) and receive transpor23 tation pursuant to subparagraph (J)(iii) 

24 pending final resolution of disputes, includ25 ing resolution through all available local 


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1 and State dispute resolution procedures 

2 and pending legal actions, paying par3 ticular attention to ensuring enrollment in 

4 cases of disputes between local educational 

5 agencies; and 

6 ‘‘(vi) include procedures for State 

7 educational agencies or local educational 

8 agencies to determine the need for, and en9 sure the delivery of, additional academic 

10 support in cases in which a local edu11 cational agency has unlawfully denied a 

12 student access to school or school services, 

13 including transportation. 

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

15 and other local educational agency personnel 

16 (including the liaisons, principals, attendance 

17 officers, teachers, enrollment personnel, and 

18 pupil services personnel) to heighten the aware19 ness of such personnel of the specific needs of 

20 homeless adolescents, including runaway and 

21 homeless youths. 

22 ‘‘(E) A description of procedures that en23 sure that homeless children and youths are able 

24 to participate in Federal, State, or local nutri25 tion programs. 


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1 ‘‘(F) A description of procedures that en2 sure that— 

3 ‘‘(i) homeless children have access to 

4 public preschool programs, administered by 

5 the State educational agency or local edu6 cational agency, including through the poli7 cies and practices required under para8 graph (7); 

9 ‘‘(ii) homeless youths, including 

10 youths separated from public schools, are 

11 identified and accorded access to appro12 priate secondary education and related 

13 support services, including through the im14 plementation of policies and practices to 

15 ensure that such youths are— 

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

17 or partial coursework satisfactorily 

18 completed while attending a prior 

19 school; 

20 ‘‘(II) are afforded opportunities 

21 to recover credits lost during periods 

22 of homelessness; and 

23 ‘‘(III) are not penalized for ab24 sences related to homelessness and 


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1 are allowed to receive credit for work 

2 completed after their enrollment; and 

3 ‘‘(iii) homeless children and youths 

4 who meet the relevant eligibility criteria 

5 have access to magnet school, summer 

6 school, vocational and technical education, 

7 advanced placement, online learning oppor8 tunities, and charter school programs. 

9 ‘‘(G) Strategies to address problems identi10 fied in the reports provided to the Secretary 

11 under subsection (f)(3). 

12 ‘‘(H) Strategies to address other problems 

13 with respect to the education of homeless chil14 dren and youths, including enrollment problems 

15 related to— 

16 ‘‘(i) immunization and other required 

17 health records and screenings; 

18 ‘‘(ii) residency requirements; 

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

20 records, or other documentation; 

21 ‘‘(iv) guardianship issues; or 

22 ‘‘(v) uniform or dress code require23 ments. 

24 ‘‘(I) A demonstration that the State edu25 cational agency, and local educational agencies 


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1 and schools in the State, regularly review and 

2 revise their policies and practices to remove 

3 barriers to the identification, enrollment, at4 tendance, retention, and success of homeless 

5 children and youths in schools and public pre6 school programs in the State. 

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

8 carried out: 

9 ‘‘(i) PREVENTION OF STIGMAS AND

10 SEGREGATION.—The State educational 

11 agency and local educational agencies in 

12 the State will adopt policies and practices 

13 to ensure that homeless children and 

14 youths are not stigmatized or segregated 

15 on the basis of their status as homeless. 

16 ‘‘(ii) LIAISON.—Local educational 

17 agencies will designate a staff person as 

18 the local educational agency liaison for 

19 homeless children and youths, who shall 

20 have sufficient training, resources, and 

21 time to carry out the duties described in 

22 paragraph (6), and who may also be a co23 ordinator for other Federal programs. 

24 ‘‘(iii) PROVISION OF TRANSPOR25 TATION.—The State and local educational 


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1 agencies will adopt policies and practices to 

2 ensure that transportation is provided ex3 peditiously, at the request of the parent or 

4 guardian involved (or in the case of an un5 accompanied youth, the liaison), to and 

6 from the school of origin (as defined in 

7 paragraph (3)(J)), for as long as the stu8 dent has the right to attend the school of 

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

10 in accordance with the following, as appli11 cable: 

12 ‘‘(I) WITHIN ONE LOCAL EDU13 CATIONAL AGENCY.—If the child or 

14 youth continues to live in the area 

15 served by the local educational agency 

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

17 youth’s transportation to and from 

18 the school of origin shall be provided 

19 or arranged by the local educational 

20 agency for the school of origin. 

21 ‘‘(II) INVOLVING MORE THAN

22 ONE LOCAL EDUCATIONAL AGENCY.— 

23 If the child’s or youth’s living ar24 rangements in the area served by the 

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1 minate and the child or youth, though 

2 continuing the child’s or youth’s edu3 cation in the school of origin, begins 

4 living in an area served by another 

5 local educational agency, the local 

6 educational agency of origin and the 

7 local educational agency for the area 

8 in which the child or youth is living 

9 shall share equally the cost and re10 sponsibility for providing transpor11 tation to and from the school of origin 

12 unless the agencies agree upon an13 other method to apportion cost and 

14 responsibility, or the State educational 

15 agency has devised another method to 

16 apportion cost and responsibility 

17 among local educational agencies. 

18 ‘‘(iv) SCHOOL SUCCESS.—The State 

19 educational agency and local educational 

20 agencies will adopt policies and practices to 

21 promote school success for homeless chil22 dren and youths, including by— 

23 ‘‘(I) ensuring that homeless chil24 dren and youths have opportunities to 

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1 dent academic achievement standards 

2 to which other students are held; 

3 ‘‘(II) ensuring that homeless chil4 dren and youths are able to partici5 pate fully in all classes and school ac6 tivities, including extracurricular ac7 tivities, athletic activities for which 

8 they meet skill level requirements, be9 fore and after school programs, sum10 mer school programs, field trips, 

11 classes, tests, and activities with fees, 

12 services provided under title I of the 

13 Elementary and Secondary Education 

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

15 and similar State and local programs, 

16 and other activities made available to 

17 nonhomeless students; and 

18 ‘‘(III) ensuring that such policies 

19 and practices remove barriers to par20 ticipation related to fees, credit ac21 crual policies, lack of guardianship, 

22 lack of transportation, enrollment and 

23 participation deadlines, and residency 

24 requirements. 

25 ‘‘(2) COMPLIANCE.— 


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

2 under this subsection shall also describe how 

3 the State will ensure that local educational 

4 agencies in the State will comply with the re5 quirements of paragraphs (3) through (7). 

6 ‘‘(B) COORDINATION.—Such plan shall in7 dicate what technical assistance the State will 

8 furnish to local educational agencies and how 

9 compliance efforts will be coordinated with the 

10 local educational agency liaisons designated 

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

12 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE13 MENTS.— 

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

15 agency serving each child or youth to be as16 sisted under this subtitle shall, according to the 

17 child’s or youth’s best interest— 

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

19 education in the school of origin for the 

20 duration of homelessness— 

21 ‘‘(I) in any case in which the 

22 child or youth becomes a homeless 

23 child or youth between academic years 

24 or during an academic year; and 


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1 ‘‘(II) for the remainder of the 

2 academic year, if the child or youth 

3 becomes permanently housed during 

4 an academic year; or 

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

6 public school that nonhomeless students 

7 who live in the attendance area in which 

8 the child or youth is actually living are eli9 gible to attend. 

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

11 school stability of the child or youth, and in de12 termining the best interest of the child or youth 

13 under subparagraph (A), the local educational 

14 agency shall— 

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

16 youth in the school of origin is in the 

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

18 when doing so is contrary to the wishes of 

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

20 or the unaccompanied youth; 

21 ‘‘(ii) consider student-centered factors 

22 related to the child’s or youth’s best inter23 est, giving priority to the wishes of the 

24 parent, guardian, or unaccompanied youth, 

25 including— 


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1 ‘‘(I) the harmful impact of school 

2 mobility on academic achievement and 

3 social and emotional well-being; 

4 ‘‘(II) the age of the child or 

5 youth; 

6 ‘‘(III) the impact any commute 

7 may have on the child’s or youth’s 

8 education; 

9 ‘‘(IV) personal safety issues; 

10 ‘‘(V) the child’s or youth’s need 

11 for special instruction, including spe12 cial education and related services; 

13 ‘‘(VI) the length of anticipated 

14 stay in a temporary shelter or other 

15 temporary location; 

16 ‘‘(VII) the time remaining in the 

17 school year; and 

18 ‘‘(VIII) the school placement of 

19 family members; 

20 ‘‘(iii) if, after conducting the best in21 terest determination described in clause 

22 (ii), the local educational agency deter23 mines that it is not in the child’s or 

24 youth’s best interest to attend the school of 

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1 ent, guardian, or unaccompanied youth, 

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

3 guardian or the unaccompanied youth with 

4 a written explanation of the reasons for its 

5 determination, in a manner and form un6 derstandable to such parent, guardian, or 

7 youth, including information regarding the 

8 right to appeal described in subparagraph 

9 (E); 

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

11 youth, ensure that the liaison designated 

12 under paragraph (1)(J)(ii) assists in place13 ment or enrollment decisions under this 

14 subparagraph, gives priority to the views of 

15 such unaccompanied youth, and provides 

16 notice to such youth of the right to appeal 

17 described in subparagraph (E); and 

18 ‘‘(v) provide transportation pursuant 

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

20 ‘‘(C) ENROLLMENT.— 

21 ‘‘(i) IN GENERAL.—The school se22 lected in accordance with this paragraph 

23 shall immediately enroll the homeless child 

24 or youth, even if the child or youth— 


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1 ‘‘(I) is unable to produce records 

2 normally required for enrollment, in3 cluding previous academic records, 

4 records of immunizations and health 

5 screenings and other required health 

6 records, proof of residency or guard7 ianship, or other documentation; 

8 ‘‘(II) has unpaid fines or fees 

9 from prior schools or is unable to pay 

10 fees in the school selected; or 

11 ‘‘(III) has missed application or 

12 enrollment deadlines during any pe13 riod of homelessness. 

14 ‘‘(ii) RELEVANT ACADEMIC

15 RECORDS.—The enrolling school shall im16 mediately contact the school last attended 

17 by the child or youth to obtain relevant 

18 academic and other records. 

19 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

20 If the child or youth needs to obtain immu21 nizations or health screenings, or immuni22 zation or other required health records, the 

23 enrolling school shall immediately enroll 

24 the child or youth and refer the parent or 

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1 accompanied youth, to the local edu2 cational agency liaison designated under 

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

4 obtaining necessary immunizations or 

5 screenings, or immunization or other re6 quired health records in accordance with 

7 subparagraph (D). 

8 ‘‘(iv) NO LIABILITY.—Whenever the 

9 school selected enrolls an unaccompanied 

10 youth in accordance with this paragraph, 

11 no liability shall be imposed upon the 

12 school by reason of enrolling the youth 

13 without parent or guardian consent. 

14 ‘‘(D) RECORDS.— 

15 ‘‘(i) IN GENERAL.—Any record ordi16 narily kept by the school, including records 

17 of immunizations and health screenings 

18 and other required health records, aca19 demic records, birth certificates, guardian20 ship records, and evaluations for special 

21 services or programs, regarding each 

22 homeless child or youth shall be— 

23 ‘‘(I) maintained so that the 

24 records involved are available, in a 

25 timely fashion, when a homeless child 


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1 or youth enters a new school or school 

2 district; 

3 ‘‘(II) immediately sent to the en4 rolling school, even if the child or 

5 youth owes fees or fines or was not 

6 withdrawn from the previous school in 

7 conformance with local withdrawal 

8 procedures; and 

9 ‘‘(III) maintained in a manner 

10 consistent with section 444 of the 

11 General Education Provisions Act (20 

12 U.S.C. 1232g). 

13 ‘‘(ii) RELEASE.—School records need14 ed for academic placement decisions shall 

15 be released immediately by the previous 

16 school by facsimile transmission or other 

17 available electronic means. 

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

19 eligibility for services, school selection, enroll20 ment in a school, or any other issue under this 

21 subtitle— 

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

23 be immediately enrolled in the school in 

24 which enrollment is sought, pending final 


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1 resolution of the dispute, including all 

2 available appeals; 

3 ‘‘(ii) the parent, guardian, or unac4 companied youth involved shall be provided 

5 with written explanations of any decisions 

6 made by the school, the local educational 

7 agency, or the State educational agency in8 volved, which shall include information 

9 about the right to appeal such decisions; 

10 ‘‘(iii) the parent, guardian, or unac11 companied youth shall be referred to the 

12 local educational agency liaison designated 

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

14 out the dispute resolution process as de15 scribed in paragraph (1)(C) as expedi16 tiously as possible after receiving notice of 

17 such dispute; and 

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

19 youth, the liaison shall ensure that the 

20 youth is immediately enrolled in the school 

21 in which the youth seeks enrollment pend22 ing resolution of such dispute. 

23 ‘‘(F) PLACEMENT CHOICE.—The choice re24 garding placement shall be made regardless of 

25 whether the child or youth involved lives with 


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1 the homeless parents or has been temporarily 

2 placed elsewhere. 

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

4 this subtitle shall prohibit a local educational 

5 agency from requiring a parent or guardian of 

6 a homeless child to submit contact information. 

7 ‘‘(H) PRIVACY.—Information about a 

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

9 be treated as a student education record under 

10 section 444 of the General Education Provi11 sions Act (20 U.S.C. 1232g) and shall not be 

12 released to housing providers, employers, law 

13 enforcement personnel, or other persons or 

14 agencies not authorized to have such informa15 tion under section 99.31 of title 34, Code of 

16 Federal Regulations, paying particular atten17 tion to preventing disruption of the living situa18 tion of the child or youth and to supporting the 

19 safety of such children and youths who are sur20 vivors of domestic violence and unaccompanied 

21 youths. 

22 ‘‘(I) ACADEMIC ACHIEVEMENT.—The 

23 school selected in accordance with this para24 graph shall ensure that homeless children and 

25 youths have opportunities to meet the same 


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1 challenging State student academic achievement 

2 standards to which other students are held, in3 cluding implementing the policies and practices 

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

5 ‘‘(J) SCHOOL OF ORIGIN DEFINED.—In 

6 this paragraph: 

7 ‘‘(i) IN GENERAL.—The term ‘school 

8 of origin’ means the school that a child or 

9 youth attended when permanently housed 

10 or the school in which the child or youth 

11 was last enrolled. 

12 ‘‘(ii) RECEIVING SCHOOL.—When the 

13 child or youth completes the final grade 

14 level served by the school of origin, as de15 scribed in clause (i), the term ‘school of or16 igin’ shall include the designated receiving 

17 school at the next grade level for all feeder 

18 schools. 

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

20 receiving services provided for homeless children and 

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

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

23 homeless child or youth to be assisted under this 

24 subtitle also shall be provided services comparable to 


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1 services offered to other students in the school se2 lected under paragraph (3), including the following: 

3 ‘‘(A) Transportation services. 

4 ‘‘(B) Educational services for which the 

5 child or youth meets the eligibility criteria, in6 cluding services provided under title I of the El7 ementary and Secondary Education Act of 1965 

8 (20 U.S.C. 6301 et seq.) or services of similar 

9 State or local programs, charter schools, mag10 net schools, educational programs for children 

11 with disabilities, and educational programs for 

12 students with limited English proficiency. 

13 ‘‘(C) Programs in vocational and technical 

14 education. 

15 ‘‘(D) Programs for gifted and talented stu16 dents. 

17 ‘‘(E) School nutrition programs. 

18 ‘‘(5) COORDINATION.— 

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

20 agency shall coordinate— 

21 ‘‘(i) the provision of services under 

22 this subtitle with the services of local social 

23 services agencies and other agencies or en24 tities providing services to homeless chil25 dren and youths and their families, includVerDate Nov 24 2008 03:05 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 ing services and programs funded under 

2 the Runaway and Homeless Youth Act (42 

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

4 agencies serving unaccompanied youths, 

5 public and private child welfare agencies, 

6 Head Start centers and local entities ad7 ministering State-funded preschool pro8 grams, and agencies providing mental 

9 health services; 

10 ‘‘(ii) transportation, transfer of school 

11 records, and other interdistrict activities, 

12 with other local educational agencies; 

13 ‘‘(iii) the provision of services under 

14 this subtitle with the provision of other 

15 education programs, including programs 

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

17 Elementary and Secondary Education Act 

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

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

20 and local programs, programs in vocational 

21 and technical education, truancy and drop22 out prevention programs, before and after 

23 school programs, summer school programs, 

24 programs provided for students with dis25 abilities, students with limited English proVerDate Nov 24 2008 03:05 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 ficiency, and gifted and talented students, 

2 and local educational agency transpor3 tation services; and 

4 ‘‘(iv) activities, planning, and initia5 tives with State and local agencies and or6 ganizations providing emergency, transi7 tional, and permanent housing and other 

8 services to homeless families and unaccom9 panied youths, including developing and 

10 implementing strategies to minimize edu11 cational disruption for children and youths 

12 who become homeless. 

13 ‘‘(B) COORDINATION PURPOSE.—The co14 ordination required under subparagraph (A) 

15 shall be designed to— 

16 ‘‘(i) ensure that all homeless children 

17 and youths are promptly identified; 

18 ‘‘(ii) ensure that homeless children 

19 and youths have access to and are in rea20 sonable proximity to available education 

21 and related support services; 

22 ‘‘(iii) decrease school mobility and en23 sure that agencies placing homeless chil24 dren and youth in housing and agencies 

25 providing housing and other services conVerDate Nov 24 2008 03:05 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 sider the proximity of housing and services 

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

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

4 ‘‘(iv) raise the awareness of school 

5 personnel and service providers of the ef6 fects of short-term stays in a shelter and 

7 other challenges associated with homeless8 ness. 

9 ‘‘(C) HOMELESS CHILDREN AND YOUTHS

10 WITH DISABILITIES.— 

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

12 youth who are to be assisted both under 

13 this subtitle, and under the Individuals 

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

15 1400 et seq.) or section 504 of the Reha16 bilitation Act of 1973 (29 U.S.C. 794), 

17 each local educational agency shall coordi18 nate the provision of services under this 

19 subtitle with the provision of programs for 

20 children with disabilities served by that 

21 local educational agency and other involved 

22 local educational agencies. 

23 ‘‘(ii) COST AND RESPONSIBILITY FOR

24 INDIVIDUALS WITH DISABILITIES.—Such 

25 coordination shall include the following: 


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1 ‘‘(I) TRANSPORTATION.—Each 

2 local educational agency shall adopt 

3 policies and practices to apportion the 

4 cost and responsibility for providing 

5 transportation to children and youths 

6 entitled to transportation services 

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

8 the Individuals with Disabilities Edu9 cation Act (20 U.S.C. 1400 et seq.) or 

10 section 504 of the Rehabilitation Act 

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

12 ‘‘(II) PUBLIC OR PRIVATE EDU13 CATIONAL PROGRAM.— 

14 ‘‘(aa) IN GENERAL.—Except 

15 as provided in item (bb), if a 

16 local educational agency has 

17 placed a child or youth in a pri18 vate educational program, or in a 

19 public educational program out20 side the area served by that local 

21 educational agency, under section 

22 614(d)(1)(A) of the Individuals 

23 with Disabilities Education Act 

24 (20 U.S.C. 1414(d)(1)(A)), and 

25 though moving to an area served 


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1 by another local educational 

2 agency, the homeless child or 

3 youth is to remain in that edu4 cational program as the child’s or 

5 youth’s school of origin (as de6 fined in paragraph (3)(J)) under 

7 subparagraphs (A) and (B) of 

8 paragraph (3), the local edu9 cational agency that made the 

10 placement shall continue pay11 ments for the placement. 

12 ‘‘(bb) EXCEPTION.—Item 

13 (aa) shall apply unless the local 

14 educational agency that made the 

15 placement and the local edu16 cational agency in the area where 

17 the student is temporarily resid18 ing agree upon another method 

19 to apportion the cost, or the 

20 State educational agency involved 

21 has devised another method to 

22 apportion cost and responsibility 

23 among local educational agencies. 

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


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

2 agency liaison for homeless children and youths, 

3 designated under paragraph (1)(J)(ii), shall en4 sure that— 

5 ‘‘(i) all homeless children and youths 

6 are identified by school personnel and 

7 through outreach and coordination activi8 ties with other entities and agencies, in9 cluding through such measures as inquiries 

10 concerning housing status on school reg11 istration forms and on withdrawal or exit 

12 forms; 

13 ‘‘(ii) homeless children and youths are 

14 immediately enrolled in, and have a full 

15 and equal opportunity to succeed in, 

16 schools of that local educational agency; 

17 ‘‘(iii) homeless families, and homeless 

18 children and youths, have access to edu19 cational services for which such families, 

20 children, and youths are eligible, including 

21 services through Head Start, Early Head 

22 Start, early intervention, and Even Start 

23 programs, and preschool programs de24 scribed in paragraph (7)(A); 


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1 ‘‘(iv) homeless families, and homeless 

2 children and youths receive referrals to 

3 health care services, dental services, mental 

4 health and substance abuse services, hous5 ing services, and other appropriate serv6 ices; 

7 ‘‘(v) the parents or guardians of 

8 homeless children and youths are informed 

9 of the educational and related opportuni10 ties available to their children, including 

11 preschool opportunities, and are provided 

12 with meaningful opportunities to partici13 pate in the education of their children; 

14 ‘‘(vi) public notice of the educational 

15 rights of homeless children and youths is 

16 incorporated into documents related to 

17 residency requirements or enrollment, pro18 vided upon school enrollment and with19 drawal, posted on the local educational 

20 agency’s website, and disseminated in loca21 tions frequented by parents or guardians 

22 of such children and youths, and unaccom23 panied youths, including schools, shelters, 

24 public libraries, and soup kitchens, in a 

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1 ents and guardians of homeless children 

2 and youths and unaccompanied youths; 

3 ‘‘(vii) disputes are resolved in accord4 ance with paragraph (3)(E); 

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

6 homeless child or youth, and any unaccom7 panied youth, is fully informed of all trans8 portation services, including transportation 

9 to the school of origin, as described in 

10 paragraph (1)(J)(iii), and is assisted in ac11 cessing transportation to the school that is 

12 selected under paragraph (3)(A); 

13 ‘‘(ix) school personnel are adequately 

14 prepared to implement this subtitle and re15 ceive professional development, resource 

16 materials, technical assistance, and other 

17 support; and 

18 ‘‘(x) unaccompanied youths— 

19 ‘‘(I) are enrolled in school; 

20 ‘‘(II) have opportunities to meet 

21 the same challenging State student 

22 academic achievement standards to 

23 which other students are held, includ24 ing through implementation of the 

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1 paragraphs (F)(ii) and (J)(iv) of 

2 paragraph (1); and 

3 ‘‘(III) are informed of their sta4 tus as independent students under 

5 section 480 of the Higher Education 

6 Act of 1965 (20 U.S.C. 1087vv), in7 cluding through school counselors that 

8 have received professional develop9 ment about unaccompanied youth, 

10 and receive verification of such status 

11 for purposes of the Free Application 

12 for Federal Student Aid described in 

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

14 1090). 

15 ‘‘(B) NOTICE.—State Coordinators ap16 pointed under subsection (d)(3) and local edu17 cational agencies shall inform school personnel, 

18 service providers, and advocates working with 

19 homeless families and homeless children and 

20 youths of the contact information and duties of 

21 the local educational agency liaisons, including 

22 publishing an annually updated list of the liai23 sons on the State educational agency’s website. 

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

25 The local educational agency liaisons shall, as a 


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1 part of their duties, coordinate and collaborate 

2 with the State Coordinators and community 

3 and school personnel responsible for the provi4 sion of education and related support services 

5 to homeless children and youths. Such coordina6 tion shall include collecting and providing to the 

7 State Coordinator the reliable, valid, and com8 prehensive data needed to meet the require9 ments of paragraphs (1) and (3) of subsection 

10 (f). 

11 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 

12 local educational agency liaisons shall partici13 pate in the professional development and other 

14 technical assistance activities provided by the 

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

16 ‘‘(7) SCHOOL READINESS FOR HOMELESS CHIL17 DREN.— 

18 ‘‘(A) STATE AND LOCAL EDUCATIONAL

19 AGENCIES.—Each State educational agency and 

20 local educational agency shall ensure that enti21 ties carrying out preschool programs funded, 

22 administered, or overseen by the agency in23 volved— 

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

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


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1 State law or policy, such entities shall not 

2 be required to enroll a homeless child im3 mediately in a preschool program that is 

4 operating at full capacity when the child 

5 seeks to enroll; 

6 ‘‘(ii) identify and prioritize homeless 

7 children for enrollment and increase their 

8 enrollment and attendance in preschool 

9 programs, including through policies such 

10 as— 

11 ‘‘(I) reserving spaces in preschool 

12 programs for homeless children; 

13 ‘‘(II) conducting targeted out14 reach to homeless children and their 

15 families; 

16 ‘‘(III) waiving application dead17 lines; 

18 ‘‘(IV) providing ongoing profes19 sional development for staff regarding 

20 the needs of homeless children and 

21 their families and strategies to serve 

22 the children and families; and 

23 ‘‘(V) developing the capacity to 

24 serve all identified homeless children; 

25 and 


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1 ‘‘(iii) review the educational and re2 lated needs of homeless children and their 

3 families in such agency’s service area, in 

4 coordination with the liaison designated 

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

6 policies and practices to meet identified 

7 needs. 

8 ‘‘(B) OTHER STATE AGENCIES.—In the 

9 case of State-funded preschool programs that 

10 are not funded, administered, or overseen by 

11 the State educational agency or a local edu12 cational agency, the State agency that funds, 

13 administers, or oversees such preschool pro14 grams shall— 

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

16 policies and practices to remove barriers to 

17 the identification, enrollment, attendance, 

18 retention, and success of homeless children 

19 for or in preschool programs funded, ad20 ministered, or overseen by the agency; 

21 ‘‘(ii) ensure that the entities comply 

22 with the provisions of paragraph (3) and 

23 (4) except that such entities, with respect 

24 to such programs— 


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1 ‘‘(I) shall not be required to en2 roll a homeless child immediately in a 

3 preschool program that is operating at 

4 full capacity when the child seeks to 

5 enroll, in the absence of contrary 

6 State law or policy; 

7 ‘‘(II) shall not be subject to the 

8 dispute resolution procedures of the 

9 State educational agency or local edu10 cational agencies, but shall ensure 

11 that all of the dispute resolution pro12 cedures available through such pro13 grams and the State agency that 

14 funds, administers, or oversees such 

15 programs are accessible to parents 

16 and guardians of homeless children 

17 and shall provide such parents and 

18 guardians with a written explanation 

19 of their dispute and appeal rights; and 

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

21 transportation requirements of para22 graphs (1)(J)(iii) or (3)(B)(v), but 

23 shall remove barriers to transpor24 tation services for homeless children 

25 and shall, to the maximum extent 


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1 practicable, arrange or provide trans2 portation for homeless children to at3 tend preschool programs, including 

4 their preschool program of origin; 

5 ‘‘(iii) identify and prioritize homeless 

6 children for enrollment and increase their 

7 enrollment and attendance in preschool 

8 programs, including through policies such 

9 as— 

10 ‘‘(I) reserving spaces in preschool 

11 programs for homeless children; 

12 ‘‘(II) conducting targeted out13 reach to homeless children and their 

14 families; 

15 ‘‘(III) waiving application dead16 lines; 

17 ‘‘(IV) providing ongoing profes18 sional development for staff regarding 

19 the needs of homeless children and 

20 their families and strategies to serve 

21 the children and families; and 

22 ‘‘(V) develop capacity to serve all 

23 identified homeless children; and 

24 ‘‘(iv) review the educational and re25 lated needs of homeless children and their 


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1 families in the State, in coordination with 

2 the Office of the Coordinator for Edu3 cation of Homeless Children and Youths 

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

5 develop policies and practices to meet iden6 tified needs. 

7 ‘‘(h) PROHIBITION ON SEGREGATING HOMELESS

8 CHILDREN AND YOUTHS.— 

9 ‘‘(1) IN GENERAL.—In providing a free appro10 priate public education to a homeless child or youth, 

11 no State receiving funds under this subtitle shall 

12 segregate such child or youth in a separate school, 

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

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

15 ‘‘(2) TRANSITION FROM SEGREGATED SCHOOLS

16 IN FORMERLY COVERED COUNTIES.—To ensure a 

17 smooth, rapid, and complete transition for all home18 less children and youths from segregated to nonseg19 regated schools or programs, in formerly covered 

20 counties, each local educational agency that serves 

21 such a covered county shall— 

22 ‘‘(A) coordinate activities with those seg23 regated schools and schools with segregated 

24 programs located in formerly covered counties, 


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1 to identify each homeless child and youth en2 rolled in such schools and programs; 

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

4 identified, determine if the child or youth has a 

5 school of origin (as defined in subsection 

6 (g)(3)(J)) and either— 

7 ‘‘(i) immediately enroll the child or 

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

9 child’s or youth’s best interest in accord10 ance with this subtitle and consistent with 

11 the wishes of the parent, guardian, or un12 accompanied youth involved, and provide 

13 transportation to and from the school of 

14 origin; or 

15 ‘‘(ii) immediately enroll the child or 

16 youth in any nonsegregated public school if 

17 enrollment in the school of origin is not in 

18 the child’s or youth’s best interest in ac19 cordance with this subtitle or is against the 

20 wishes of the parent, guardian, or unac21 companied youth; 

22 ‘‘(C) provide the parent, guardian, or un23 accompanied youth with information about the 

24 dispute resolution process available under this 

25 subtitle; 


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

2 youth receives the full protections and services 

3 provided by this subtitle; and 

4 ‘‘(E) implement other policies and prac5 tices necessary to ensure a smooth, rapid, and 

6 complete integration of the children and youths 

7 into the public schools of the local educational 

8 agency. 

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

10 TRANSITION.—The State educational agencies of 

11 California and Arizona shall provide technical assist12 ance to the local educational agencies in the State 

13 that serve formerly covered counties to ensure the 

14 requirements of paragraph (2) are met. 

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

16 end of the academic year in which the Educational 

17 Success for Children and Youth Without Homes Act 

18 of 2009 is enacted, the transition referred to in 

19 paragraph (2) shall be complete. 

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

21 subtitle shall be construed to diminish the rights of par22 ents or guardians of homeless children or youth, or unac23 companied youth, otherwise provided under State law, pol24 icy, or practice, including laws or policies that authorize 


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

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

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

4 THE EDUCATION OF HOMELESS CHILDREN 

5 AND YOUTHS. 

6 ‘‘(a) GENERAL AUTHORITY.— 

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

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

9 from amounts made available to such agency under 

10 section 726, make subgrants to local educational 

11 agencies for the purpose of facilitating the identifica12 tion, enrollment, attendance, and success in school 

13 of homeless children and youths. 

14 ‘‘(2) SERVICES.— 

15 ‘‘(A) IN GENERAL.—Services under para16 graph (1)— 

17 ‘‘(i) may be provided through pro18 grams on school grounds or at other facili19 ties; and 

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

21 practicable, be provided through existing 

22 programs and mechanisms that integrate 

23 homeless children and youths with non24 homeless children and youths. 


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

2 services under paragraph (1) are provided to 

3 homeless children and youths on school 

4 grounds, the school involved may use funds 

5 under this subtitle to provide the same services 

6 to other children and youths who are deter7 mined by the local educational agency serving 

8 the school to be at risk of failing in, or drop9 ping out of, school. 

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

11 this section shall not replace the regular academic 

12 program and shall be designed to expand upon or 

13 improve services provided as part of the school’s reg14 ular academic program. 

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

16 awarded under this section shall be for terms of not 

17 to exceed 3 years. 

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

19 desires to receive a subgrant under this section shall sub20 mit an application to the State educational agency at such 

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

22 such information as the State educational agency may rea23 sonably require. Such application shall include the fol24 lowing: 


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1 ‘‘(1) An assessment of the educational and re2 lated needs of homeless children and youths in the 

3 area served by the local educational agency (which 

4 may be undertaken as part of a needs assessment 

5 for another disadvantaged group). 

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

7 for which assistance is sought to address the needs 

8 identified in paragraph (1). 

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

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

11 aggregate expenditures of that agency and the State 

12 with respect to the provision of free public education 

13 by such agency for the fiscal year preceding the fis14 cal year for which the subgrant determination is 

15 made, was not less than 90 percent of such com16 bined fiscal effort or aggregate expenditures for the 

17 second fiscal year preceding the fiscal year for which 

18 the determination is made. 

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

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

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

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

23 that the agency will implement to ensure that activi24 ties carried out by the agency will not isolate or stig25 matize homeless children and youths. 


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

2 agency will collect and promptly provide data re3 quested by the State Coordinator pursuant to para4 graphs (1) and (3) of section 722(f). 

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

6 the local educational agency has implemented to re7 move barriers to the identification, enrollment, at8 tendance, retention, and success in school of all 

9 homeless children and youths. 

10 ‘‘(c) AWARDS.— 

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

12 agency shall, in accordance with the requirements of 

13 this subtitle and from amounts made available to it 

14 under section 722(a), make subgrants on a competi15 tive basis to local educational agencies that submit 

16 applications under subsection (b). Such subgrants 

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

18 agencies for assistance under this subtitle and the 

19 quality of the applications submitted. 

20 ‘‘(2) NEED.— 

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

22 under paragraph (1), the State educational 

23 agency may consider the number of homeless 

24 children and youths enrolled in preschool, ele25 mentary schools, and secondary schools within 


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1 the area served by the local educational agency, 

2 and shall consider the needs of such children 

3 and youths and the ability of the local edu4 cational agency to meet such needs. 

5 ‘‘(B) OTHER CONSIDERATIONS.—The 

6 State educational agency may also consider the 

7 following: 

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

9 use of funds will facilitate the identifica10 tion, enrollment, attendance, retention, and 

11 educational success of homeless children 

12 and youths. 

13 ‘‘(ii) The extent to which the applica14 tion reflects coordination with other local 

15 and State agencies that serve homeless 

16 children and youths. 

17 ‘‘(iii) The extent to which the appli18 cant exhibits in the application and in cur19 rent practice (as of the date of submission 

20 of the application) a commitment to edu21 cation for all homeless children and youths. 

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

23 agency determines to be appropriate. 


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

2 applications under paragraph (1), the State edu3 cational agency shall consider each of the following: 

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

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

6 the program presented in the application will 

7 meet such needs. 

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

9 of the services to be provided under the pro10 gram. 

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

12 promote meaningful involvement of parents or 

13 guardians of homeless children or youths in the 

14 education of their children. 

15 ‘‘(D) The extent to which homeless chil16 dren and youths will be integrated into the reg17 ular education program involved. 

18 ‘‘(E) The quality of the applicant’s evalua19 tion plan for the program. 

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

21 under this subtitle will be coordinated with 

22 other services available to homeless children 

23 and youths and their families, including housing 

24 and child welfare services and services provided 

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1 cation Act (20 U.S.C. 1400 et seq.), title I of 

2 the Elementary and Secondary Education Act 

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

4 State and local programs. 

5 ‘‘(G) The extent to which the local edu6 cational agency will use the subgrant to lever7 age resources, including by maximizing 

8 nonsubgrant funding for the position of the liai9 son described in section 722(g)(1)(J)(ii) and 

10 the provision of transportation. 

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

12 funds to serve homeless children and youths 

13 under section 1113(c)(3) of title I of the Ele14 mentary and Secondary Education Act of 1965 

15 (20 U.S.C. 6313(c)(3)). 

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

17 program meets such other measures as the 

18 State educational agency considers to be indic19 ative of a high-quality program, including the 

20 extent to which the local educational agency will 

21 provide services to unaccompanied youth and 

22 preschool-aged children. 

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

24 describes how the applicant will meet the re25 quirements of section 722(g)(3). 


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

2 agency may use funds awarded under this section for ac3 tivities that carry out the purpose of this subtitle, includ4 ing the following: 

5 ‘‘(1) The provision of tutoring, supplemental in6 struction, and enriched educational services that are 

7 linked to the achievement of the same challenging 

8 State academic content standards and challenging 

9 State student academic achievement standards as 

10 the State establishes for other children and youths. 

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

12 the strengths, needs, and eligibility of homeless chil13 dren and youths, including needs and eligibility for 

14 programs and services (including educational pro15 grams for gifted and talented students, children with 

16 disabilities, and students with limited English pro17 ficiency, charter school programs, magnet school 

18 programs, and programs in vocational and technical 

19 education, and school nutrition programs). 

20 ‘‘(3) Professional development and other activi21 ties for educators and pupil services personnel that 

22 are designed to heighten the understanding and sen23 sitivity of such educators and personnel to the needs 

24 of homeless children and youths, the rights of such 

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1 cific educational needs of runaway and homeless 

2 youths. 

3 ‘‘(4) The provision of referral services to home4 less children and youths for medical, dental, mental, 

5 and other health services. 

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

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

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

9 preschool programs, not otherwise provided through 

10 Federal, State, or local funding. 

11 ‘‘(6) The provision of developmentally appro12 priate early childhood development programs, not 

13 otherwise provided through Federal, State, or local 

14 funding. 

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

16 attract, engage, and retain homeless children and 

17 youths, particularly homeless children and youths 

18 who are not enrolled in school, in public school pro19 grams and services provided to nonhomeless children 

20 and youths. 

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

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

23 summer programs in which a teacher or other quali24 fied individual provides tutoring, homework assist25 ance, and supervision of educational activities. 


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

2 other costs associated with tracking, obtaining, and 

3 transferring records necessary to facilitate the ap4 propriate placement of homeless children and youths 

5 in school or preschool programs, including birth cer6 tificates, immunization or other required health 

7 records, academic records, guardianship records, and 

8 evaluations for special programs or services. 

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

10 to the parents of homeless children and youths about 

11 the rights of, and resources available to, such chil12 dren and youths, and other activities designed to in13 crease the meaningful involvement of parents or 

14 guardians of homeless children or youths in the edu15 cation of their children. 

16 ‘‘(11) The development of coordination of ac17 tivities between schools and agencies providing serv18 ices to homeless children and youths, as described in 

19 section 722(g)(5). 

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

21 counseling) and referrals for such services. 

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

23 of homeless children and youths that may arise from 

24 domestic violence and parental mental health or sub25 stance abuse problems. 


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

2 supplies for any nonschool facilities made available 

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

4 this subsection. 

5 ‘‘(15) The provision of school supplies, includ6 ing supplies to be distributed at shelters or tem7 porary housing facilities, or other appropriate loca8 tions. 

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

10 cost of the position of liaison designated pursuant to 

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

12 through Federal, State, or local funding. 

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

14 emergency assistance needed to enable homeless chil15 dren and youths to enroll, attend, and succeed in 

16 school or preschool programs. 

17 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

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

19 State plan submitted by a State educational agency under 

20 section 722(g), the Secretary shall use a peer review proc21 ess and shall evaluate whether State laws, policies, and 

22 practices described in such plan adequately address the 

23 problems of all homeless children and youths relating to 

24 access to education and placement as described in such 

25 plan. 


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

2 provide support and technical assistance to State edu3 cational agencies to assist such agencies in carrying out 

4 their responsibilities under this subtitle, and shall estab5 lish or designate a Federal Office of the Coordinator for 

6 Education of Homeless Children and Youths that has suf7 ficient capacity, resources, and support to carry out the 

8 responsibilities described in this subtitle. 

9 ‘‘(c) NOTICE.— 

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

11 the next school year that begins after the date of en12 actment of the Educational Success for Children and 

13 Youth Without Homes Act of 2009, develop and dis14 seminate a public notice of the educational rights of 

15 homeless children and youths. The notice shall in16 clude information regarding the definition of home17 less children and youths in section 725. 

18 ‘‘(2) DISSEMINATION.—The Secretary shall dis19 seminate the notice nationally. The Secretary also 

20 shall disseminate such notice to heads of other De21 partment of Education offices, including those re22 sponsible for special education programs, higher 

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

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

25 V of the Elementary and Secondary Education Act 


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

2 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

3 6801 et seq., 7102 et seq., and 7221 et seq.). The 

4 Secretary shall also disseminate such notice to heads 

5 of other Federal agencies, and grant recipients and 

6 other entities carrying out federally funded pro7 grams, including Head Start program grantees, 

8 grant recipients under the Health Care for the 

9 Homeless program of the Health Resources and 

10 Services Administration of the Department of 

11 Health and Human Services, grant recipients under 

12 the Emergency Food and Shelter National Board 

13 Program of the Federal Emergency Management 

14 Agency, grant recipients under the Runaway and 

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

16 recipients under the John H. Chafee Foster Care 

17 Independence program, grant recipients under home18 less assistance programs administered by the De19 partment of Housing and Urban Development, and 

20 recipients of Federal funding for programs carried 

21 out by the Administration on Children, Youth and 

22 Families of the Department of Health and Human 

23 Services. 

24 ‘‘(d) EVALUATION AND DISSEMINATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall con2 duct evaluation, dissemination, and technical assist3 ance activities for programs that are designed to 

4 meet the educational needs of homeless preschool, el5 ementary school, and secondary school students, and 

6 may use funds appropriated under section 726 to 

7 award grants to, or enter into contracts or coopera8 tive agreements with, eligible entities to enable the 

9 eligible entities to carry out such activities. 

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

11 such grant, or entering into such contract or cooper12 ative agreement, may, without regard to the rule13 making procedures under section 553 of title 5, 

14 United States Code, limit competitions to, or other15 wise give priority to, entities with— 

16 ‘‘(A) demonstrated experience in dissemi17 nation and technical assistance activities, in18 cluding using the Internet and other state-of19 the-art technology for efficient and cost-effec20 tive dissemination of information and technical 

21 assistance; 

22 ‘‘(B) demonstrated experience in the areas 

23 of homelessness, serving at-risk youth, and edu24 cation; and 


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

2 collaboration, among State educational agen3 cies, local educational agencies, and national or4 ganizations that provide services to homeless 

5 children and youths, and homeless families. 

6 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec7 retary shall require applications for grants under section 

8 722 to be submitted to the Secretary not later than the 

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

10 that funds are available for purposes of making such 

11 grants and shall make such grants not later than the expi12 ration of the 180-day period beginning on such date. 

13 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec14 retary, based on the information received from the States 

15 and information gathered by the Secretary under sub16 section (h), shall determine the extent to which State edu17 cational agencies are ensuring that each homeless child or 

18 youth has access to a free appropriate public education, 

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

20 support and technical assistance to State educational 

21 agencies in areas in which barriers to a free appropriate 

22 public education persist. 

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

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

25 90 days after the date of enactment of the Educational 


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1 Success for Children and Youth Without Homes Act of 

2 2009, a summary of the changes enacted by that Act and 

3 related strategies, which summary shall include— 

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

5 educational agencies to implement the provisions 

6 amended by the Act; 

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

8 revise State policies and procedures that may 

9 present barriers to the identification, enrollment, at10 tendance, and success of homeless children and 

11 youths in school; and 

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

13 preschool programs can implement requirements of 

14 section 722(g)(7). 

15 ‘‘(h) INFORMATION.— 

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

17 under section 726, the Secretary shall, directly or 

18 through grants, contracts, or cooperative agree19 ments, periodically but no less frequently than every 

20 2 years, collect and disseminate publicly data and in21 formation regarding— 

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

23 youths in all areas served by local educational 

24 agencies, including homeless children enrolled in 

25 preschool programs described in section 


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1 722(g)(7)(A) and the type of living situation in 

2 which such children and youth are living when 

3 identified; 

4 ‘‘(B) the education and related support 

5 services such children and youths receive; 

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

7 homeless children and youths are being met; 

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

9 homeless children and youths, including the 

10 percent or number of homeless children and 

11 youths participating in State assessments; and 

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

13 the Secretary determines to be necessary and 

14 relevant to carry out this subtitle. 

15 ‘‘(2) COORDINATION.—The Secretary shall co16 ordinate such collection and dissemination with 

17 other agencies and entities that receive assistance 

18 and administer programs under this subtitle. 

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

20 of enactment of the Educational Success for Children and 

21 Youth Without Homes Act of 2009, the Secretary shall 

22 prepare and submit to the President and the Committee 

23 on Education and Labor of the House of Representatives 

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

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1 sion of education and related support services to homeless 

2 children and youths, which shall include information on— 

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

4 youths; and 

5 ‘‘(2) the actions of the Secretary and the effec6 tiveness of the programs supported under this sub7 title. 

8 ‘‘SEC. 725. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en11 roll’ and ‘enrollment’ include attending classes and 

12 participating fully in school activities. 

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

14 term ‘formerly covered counties’ means, with respect 

15 to California, San Joaquin County, Orange County, 

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

17 Maricopa County. 

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

19 term ‘homeless children and youths’— 

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

21 regular, and adequate nighttime residence 

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

23 ‘‘(B) includes— 

24 ‘‘(i) children and youths who— 


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1 ‘‘(I) are sharing the housing of 

2 other persons due to loss of housing, 

3 economic hardship, or a similar rea4 son; 

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

6 trailer parks, or camping grounds due 

7 to the lack of alternative adequate ac8 commodations; 

9 ‘‘(III) are living in emergency or 

10 transitional shelters; 

11 ‘‘(IV) are abandoned in hospitals; 

12 or 

13 ‘‘(V) are awaiting foster care 

14 placement; 

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

16 primary nighttime residence that is a pub17 lic or private place not designed for or or18 dinarily used as a regular sleeping accom19 modation for human beings (within the 

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

21 ‘‘(iii) children and youths who are liv22 ing in cars, parks, public spaces, aban23 doned buildings, substandard housing, bus 

24 or train stations, or similar settings; and 


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

2 is defined in section 1309 of the Elemen3 tary and Secondary Education Act of 1965 

4 (20 U.S.C. 6399)) who qualify as homeless 

5 for the purposes of this subtitle because 

6 the children are living in circumstances de7 scribed in clauses (i) through (iii). 

8 ‘‘(4) INCLUDE; INCLUDING.—The terms ‘in9 clude’ and ‘including’ mean that the items named 

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

11 whether like or unlike the items named. 

12 ‘‘(5) LOCAL EDUCATIONAL AGENCY; STATE

13 EDUCATIONAL AGENCY.—The terms ‘local edu14 cational agency’ and ‘State educational agency’ have 

15 the meanings given such terms in section 9101 of 

16 the Elementary and Secondary Education Act of 

17 1965 (20 U.S.C. 7801). 

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

19 the Secretary of Education. 

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

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

22 Commonwealth of Puerto Rico. 

23 ‘‘(8) UNACCOMPANIED YOUTH.—The term ‘un24 accompanied youth’ means a homeless child or youth 


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1 not in the physical custody of a parent or legal 

2 guardian. 

3 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

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

5 are authorized to be appropriated to the Secretary 

6 $300,000,000 for fiscal year 2010 and such sums as may 

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

8 SEC. 3. CONFORMING AMENDMENTS. 

9 The Elementary and Secondary Education Act of 

10 1965 (20 U.S.C. 6301 et seq.) is amended— 

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

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

13 end the following: 

14 ‘‘(L) ACCOUNTABILITY FOR HOMELESS

15 CHILDREN AND YOUTHS.—The accountability 

16 provisions under this Act shall ensure that 

17 homeless children and youths (as defined in sec18 tion 725(3) of the McKinney-Vento Homeless 

19 Assistance Act), are included in academic as20 sessment, reporting, and accountability systems, 

21 consistent with paragraph (3)(C)(xi). Notwith22 standing the requirements of subsection (i), the 

23 State is not required to disaggregate the assess24 ment results of homeless children and youths as 


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1 a separate category under subparagraph 

2 (C)(v).’’; and 

3 (B) in subsection (c)— 

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

5 ‘‘and’’ after the semicolon; 

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

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

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(15) the State will ensure that the require12 ments of subtitle B of title VII of the McKinney13 Vento Homeless Assistance Act are satisfied.’’; 

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

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

16 inserting the following: 

17 ‘‘(O) a description of— 

18 ‘‘(i) how the local educational agency 

19 will ensure the enrollment, attendance, and 

20 success of homeless children and youths; 

21 ‘‘(ii) the services the local educational 

22 agency will provide homeless children and 

23 youths, including services provided with 

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


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1 ‘‘(iii) the amount of funds reserved 

2 under section 1113(c)(3); 

3 ‘‘(iv) the needs assessment conducted 

4 to determine the amount of funds reserved 

5 under section 1113(c)(3); 

6 ‘‘(v) how the amount of funds re7 served under section 1113(c)(3) was deter8 mined and the amount of funds’ relation to 

9 the needs assessment; 

10 ‘‘(vi) the collaborative role of the liai11 son designated pursuant to section 

12 722(g)(1)(J)(ii) of the McKinney-Vento 

13 Homeless Assistance Act in determining 

14 the amount of funds reserved and the serv15 ices provided; and 

16 ‘‘(vii) the services the local edu17 cational agency provided homeless children 

18 and youths in the previous academic year, 

19 including services provided with funds re20 served under section 1113(c)(3), an expla21 nation of any discrepancy between the an22 ticipated and actual use of funds, and an 

23 explanation of any unspent reserved 

24 funds;’’; and 

25 (B) in subsection (c)(1)— 


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

2 ‘‘and’’ after the semicolon; 

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

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing new subparagraph: 

8 ‘‘(P) comply with the requirements of sub9 title B of title VII of the McKinney-Vento 

10 Homeless Assistance Act that relate to the local 

11 educational agency.’’; 

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

13 6313(c)(3)) and inserting the following: 

14 ‘‘(3) RESERVATION.— 

15 ‘‘(A) IN GENERAL.— 

16 ‘‘(i) FUNDS FOR HOMELESS CHIL17 DREN AND YOUTHS.—A local educational 

18 agency shall reserve funds under this part 

19 to assist homeless children and youths who 

20 are attending schools receiving assistance 

21 under section 1114 or 1115, or schools not 

22 receiving assistance under this part, in sat23 isfying the State’s academic achievement 

24 standards. 


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1 ‘‘(ii) HOMELESS CHILDREN AND

2 YOUTHS.—In this paragraph, the term 

3 ‘homeless children and youths’ has the 

4 meaning given the term in section 725(3) 

5 of the McKinney-Vento Homeless Assist6 ance Act. 

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

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

9 section 1120A, funds reserved under subpara10 graph (A) may be used to provide homeless 

11 children and youths with services not ordinarily 

12 provided to other students under this part, in13 cluding— 

14 ‘‘(i) providing funding for the liaison 

15 designated pursuant to section 

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

17 Homeless Assistance Act; 

18 ‘‘(ii) providing transportation pursu19 ant to section 722(g)(1)(J)(iii) of such 

20 Act; 

21 ‘‘(iii) providing services to preschool22 aged homeless children and homeless sec23 ondary school students; 

24 ‘‘(iv) providing support services to 

25 homeless children and youths in shelters 


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1 and other locations where they may live; 

2 and 

3 ‘‘(v) removing barriers to homeless 

4 children and youths’ enrollment, attend5 ance, retention, and success in school. 

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

7 funds reserved under subparagraph (A) shall be 

8 determined collaboratively with the liaison des9 ignated pursuant to section 722(g)(1)(J)(ii) of 

10 the McKinney-Vento Homeless Assistance Act 

11 and based upon an assessment of the needs of 

12 homeless children and youths in the local edu13 cational agency, including consideration of the 

14 following: 

15 ‘‘(i) The percentage of students deter16 mined by the local educational agency to 

17 be from a low-income family using the 

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

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

20 youth, and family homelessness in the local 

21 educational agency, including data re22 ported to the Department of Housing and 

23 Urban Development, data reported to the 

24 Department of Health and Human Serv25 ices under the Runaway and Homeless 


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

2 data reported by Head Start, Early Head 

3 Start, and other preschool programs in the 

4 local educational agency. 

5 ‘‘(iii) Information related to child, 

6 youth, and family homelessness in the local 

7 educational agency obtained through the 

8 coordination and collaboration required 

9 under subsections (f)(4) and (g)(5) of sec10 tion 722 of the McKinney-Vento Homeless 

11 Assistance Act. 

12 ‘‘(iv) The number of homeless children 

13 and youths reported by the local edu14 cational agency to the State educational 

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

16 McKinney-Vento Homeless Assistance Act 

17 for the previous school year. 

18 ‘‘(v) Gaps in identification of homeless 

19 children and youths in the local edu20 cational agency, as described by the liaison 

21 designated pursuant to section 

22 722(g)(1)(J)(ii) of the McKinney-Vento 

23 Homeless Assistance Act. 

24 ‘‘(vi) Transportation and other needs 

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1 scribed by the liaison designated pursuant 

2 to section 722(g)(1)(J)(ii) of the McKin3 ney-Vento Homeless Assistance Act. 

4 ‘‘(vii) Strategies to improve or main5 tain academic achievement and high school 

6 graduation rates for homeless children and 

7 youths in the local educational agency. 

8 ‘‘(D) INTEGRATION.—The services pro9 vided to homeless children and youths shall, to 

10 the maximum extent practicable, integrate 

11 homeless children and youths with non-homeless 

12 children and youths. 

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

14 educational agency shall reserve such funds as 

15 are necessary under this part to provide serv16 ices comparable to those provided to children in 

17 schools funded under this part to serve— 

18 ‘‘(i) children in local institutions for 

19 neglected children; and 

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

21 institutions for delinquent children, and 

22 neglected or delinquent children in commu23 nity day school programs.’’; 

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

25 6314(b)(1)(A)), by inserting ‘‘and homeless children 


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

2 McKinney-Vento Homeless Assistance Act’’ before 

3 ‘‘that is based on information’’; 

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

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

6 ‘‘(E) HOMELESS CHILDREN AND

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

8 defined in section 725(3) of the McKinney9 Vento Homeless Assistance Act, and attending 

10 any school served by the local educational agen11 cy is eligible for services under this part.’’; 

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

13 6318(a)(2)(E)), by inserting ‘‘are homeless,’’ before 

14 ‘‘are disabled’’; 

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

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

17 ‘‘and parents of migratory children’’; 

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

19 6561(1)) and inserting the following: 

20 ‘‘(1) LOW-INCOME STUDENT.—The term ‘low21 income student’ means a student who is determined 

22 by a local educational agency to be from a low-in23 come family using the measures described in section 

24 1113(a)(5), or a student who is a homeless child or 


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1 youth, as defined in section 725(3) of the McKinney2 Vento Homeless Assistance Act.’’; 

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

4 6561a(b)(1))— 

5 (A) by amending subparagraph (H) to 

6 read as follows: 

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

8 students, including students who are homeless 

9 children and youths, as defined in section 

10 725(3) of the McKinney-Vento Homeless As11 sistance Act;’’; 

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

13 after the semicolon; 

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

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

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

17 ‘‘(K) outreach activities to locate and iden18 tify at-risk students, including homeless chil19 dren and youths, as defined in section 725(3) 

20 of the McKinney-Vento Homeless Assistance 

21 Act.’’; 

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

23 6561b(b)(1))— 

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

25 ‘‘and’’ after the semicolon; 


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

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

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

4 subparagraph: 

5 ‘‘(H) describe how the strategies and ac6 tivities will include outreach and services to 

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

9 Assistance Act.’’; 

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

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

12 including homeless children and youths, as de13 fined in section 725(3) of the McKinney-Vento 

14 Homeless Assistance Act’’ after ‘‘at-risk stu15 dents’’; and 

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

17 homeless children and youths (as defined in sec18 tion 725(3) of the McKinney-Vento Homeless 

19 Assistance Act),’’ after ‘‘racial and ethnic mi20 norities’’; 

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

22 (A) in paragraph (10), by inserting ‘‘, in23 cluding homeless children and youths (as de24 fined in section 725(3) of the McKinney-Vento 


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

2 students’’; 

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

4 ‘‘and’’ after the semicolon; 

5 (C) in paragraph (14), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

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

8 ‘‘(15) contains an assurance that the State edu9 cational agency will require eligible entities to de10 scribe in the entities’ applications under section 

11 4204(b) how such entities will ensure the participa12 tion, attendance, and success of eligible homeless 

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

14 the McKinney-Vento Homeless Assistance Act), pay15 ing particular attention to the needs of unaccom16 panied youths.’’; and 

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

18 7221b(b)(3)(L)), by inserting before the semicolon 

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

20 agency requirements under subtitle B of title VII of 

21 the McKinney-Vento Homeless Assistance Act’’. 

Æ 


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