844
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and section 724(d), from the amounts appropriated
for each fiscal year under section 726, the Secretary
is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for
such year under section 726 as the amount allocated
under section 1122 of the Elementary and Sec-
ondary Education Act of 1965 to the State for that
year bears to the total amount allocated under sec-
tion 1122 to all States for that year, except that no
State shall receive less than $125,000 or 1⁄2 of 1
percent of the amount appropriated under section
726, whichever is greater.
‘‘(2) RESERVATION.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be
allocated by the Secretary among the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under
this subtitle, as determined by the Secretary.
‘‘(B)(i) The Secretary shall transfer one percent
of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior
for programs for Indian students served by schools
845
funded by the Secretary of the Interior, as deter-
mined under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.),
that are consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
the requirements of this part, for the distribution
and use of the funds described in clause (i) under
terms that the Secretary determines best meet the
purposes of the programs described in such clause.
Such agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives,
and milestones.
‘‘(3) DEFINITION.—As used in this subsection,
the term ‘‘State’’ shall not include the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in sec-
tion 721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and
846
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coor-
dinator of Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f);
‘‘(4) to prepare and carry out the State plan
described in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—
From the sums made available each year to carry
out this title, the State education agency shall dis-
tribute not less than 75 percent in grants to local
educational agencies for the purposes of carrying out
section 723, except that States funded at the min-
imum level set forth in section 722(c)(1) shall dis-
tribute not less than 50 percent in grants to local
educational agencies for the purposes of carrying out
section 723.
847
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—
A State educational agency may use funds made
available for State use under this title to conduct ac-
tivities under subsection (f) directly or through
grants.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii),
in providing a free, public education to a home-
less child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school, or in a sepa-
rate program within a school, based solely on
such child’s or youth’s status as homeless.
‘‘(B) EXCEPTION.—A State that has es-
tablished a separate school for homeless chil-
dren in the fiscal year preceding the date of en-
actment of the McKinney-Vento Homeless Edu-
cation Assistance Improvements Act of 2001
shall remain eligible to receive funds under this
subtitle for such program.
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
848
‘‘(1) gather, to the extent possible, reliable,
valid, and comprehensive information on the nature
and extent of the problems homeless children and
youth have in gaining access to public preschool pro-
grams and to public elementary and secondary
schools, the difficulties in identifying the special
needs of such children and youth, any progress made
by the State educational agency and local edu-
cational agencies in the State in addressing such
problems and difficulties, and the success of the pro-
gram under this subtitle in assisting homeless chil-
dren and youth to enroll in, attend, and succeed in,
school;
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(3) collect and transmit to the Secretary infor-
mation gathered pursuant to paragraphs (1) and (2)
at such time and in such manner as the Secretary
may require;
‘‘(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children, in-
cluding preschool-aged homeless children, and youth,
and families of such children and youth; and
849
‘‘(5) in order to improve the provision of com-
prehensive education and related services to home-
less children and youth and their families, coordinate
and collaborate with—
‘‘(A) educators, including child develop-
ment and preschool program personnel;
‘‘(B) State and local providers of services
to homeless and runaway children and youth
and homeless families (including domestic vio-
lence agencies, shelter operators, transitional
housing facilities, runaway and homeless youth
centers, and transitional living programs for
homeless youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) State and local community organiza-
tions and groups representing homeless children
and youth and their families.
‘‘(6) provide technical assistance to local edu-
cational agencies, in coordination with local liaisons
designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the re-
quirements of paragraphs (3) through (7) of sub-
section (g).
‘‘(g) STATE PLAN.—
850
‘‘(1) IN GENERAL.—Each State shall submit to
the Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall—
‘‘(A) describe how such children and youth
are or will be given the opportunity to meet the
same challenging State student performance
standards all students are expected to meet;
‘‘(B) describe the procedures the State
educational agency will use to identify such chil-
dren and youth in the State and to assess their
special needs;
‘‘(C) describe procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youth;
‘‘(D) describe programs for school per-
sonnel (including principals, attendance officers,
teachers, enrollment personnel, and pupil serv-
ices personnel) to heighten the awareness of
such personnel of the specific needs of runaway
and homeless youth;
‘‘(E) describe procedures that ensure that
homeless children and youth who meet the rel-
evant eligibility criteria are able to participate
in Federal, State, or local food programs;
851
‘‘(F) describe procedures that ensure
that—
‘‘(i) homeless children have equal ac-
cess to the same public preschool pro-
grams, administered by the State agency,
as provided to other children;
‘‘(ii) homeless youth and youth sepa-
rated from the public schools are identified
and accorded equal access to appropriate
secondary education and support services;
and
‘‘(iii) homeless children and youth
who meet the relevant eligibility criteria
are able to participate in Federal, State, or
local before- and after-school care pro-
grams;
‘‘(G) address problems set forth in the re-
port provided to the Secretary under subsection
(f)(3);
‘‘(H) address other problems with respect
to the education of homeless children and
youth, including problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused
by—
852
‘‘(I) immunization and medical
records requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates,
school records, or other documenta-
tion;
‘‘(IV) guardianship issues; or
‘‘(V) uniform or dress code re-
quirements;
‘‘(I) demonstrate that the State edu-
cational agency and local educational agencies
in the State have developed, and shall review
and revise, policies to remove barriers to the en-
rollment and retention of homeless children and
youth in schools in the State; and
‘‘(J) contain assurances that—
‘‘(i) except as provided in subsection
(e)(3)(B), State and local educational
agencies will adopt policies and practices to
ensure that homeless children and youth
are not segregated solely on the basis of
their status as homeless; and
‘‘(ii) local educational agencies des-
ignate an appropriate staff person, who
may also be a coordinator for other Fed-
853
eral programs, as a liaison for homeless
children and youth to carry out the duties
described in paragraph 6(A).
‘‘(2) COMPLIANCE.—
‘‘(A) IN
GENERAL.—Each plan adopted
under this subsection shall also describe how
the State will ensure that local educational
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7).
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local liaisons established under this subchapter.
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—The local educational
agency serving each child or youth to be as-
sisted under this subtitle shall, according to the
child’s or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s
education in the school of origin for the
duration of homelessness—
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
854
demic years or during the academic
year; or
‘‘(II) for the remainder of the
academic year, if the child becomes
permanently housed during the aca-
demic year; or
‘‘(ii) enroll the child or youth in any
public school that nonhomeless students
who live in the attendance area in which
the child or youth is actually living are eli-
gible to attend.
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under sub-
paragraph (A), the local educational agency
shall—
‘‘(i) to the extent feasible, keep a
homeless child or youth in the school of or-
igin, except when doing so is contrary to
the wishes of the child’s or youth’s parent
or guardian;
‘‘(ii) provide a written explanation, in-
cluding a statement regarding the right to
appeal under subparagraph (E), to the
homeless child or youth’s parent or guard-
ian if the local educational agency sends
855
such child or youth to a school other than
the school of origin or a school requested
by the parent or guardian; and
‘‘(iii) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(2) as-
sists in placement or enrollment decisions
under this subparagraph and provides no-
tice to such youth of the right to appeal
under subparagraph (E).
‘‘(C) ENROLLMENT.—(i) The school se-
lected in accordance with this paragraph shall
immediately enroll pursuant to section 725(2)
the homeless child or youth, even if the child or
youth is unable to produce records normally re-
quired for enrollment, such as previous aca-
demic records, medical records, proof of resi-
dency, or other documentation.
‘‘(ii) The enrolling school shall immediately
contact the school last attended by the child or
youth to obtain relevant academic and other
records.
‘‘(iii) If the child or youth needs to obtain
immunizations or immunization or medical
records, the enrolling school shall immediately
856
refer the parent or guardian of the child or
youth to the liaison who shall assist in obtain-
ing necessary immunizations or immunization
or medical records in accordance with subpara-
graph (E).
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization or
medical records, academic records, birth certifi-
cates, guardianship records, and evaluations for
special services or programs, of each homeless
child or youth shall be maintained—
‘‘(i) so that the records are available,
in a timely fashion, when a child or youth
enters a new school or school district; and
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g).
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over school selection or enrollment
in a school—
‘‘(i) the child or youth shall be imme-
diately admitted to the school in which en-
rollment is sought, pending resolution of
the dispute;
857
‘‘(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school’s decision
regarding school selection or enrollment,
including the rights of the parent, guard-
ian, or youth to appeal the decision;
‘‘(iii) the child, youth, parent, or
guardian shall be referred to the local liai-
son designated under paragraph (1)(J)(ii),
who shall carry out the dispute resolution
process as described in paragraph (1)(A)
as expeditiously as possible after receiving
notice of the dispute; and
‘‘(iv) in the case of an unaccompanied
youth, the homeless liaison shall ensure
that the youth is immediately enrolled in
school pending resolution of the dispute.
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of
whether the child or youth lives with the home-
less parents or has been temporarily placed
elsewhere.
‘‘(G) SCHOOL
OF
ORIGIN
DEFINED.—In
this paragraph, the term ‘‘school of origin’’
means the school that the child or youth at-
858
tended when permanently housed or the school
in which the child or youth was last enrolled.
‘‘(H) CONTACT
INFORMATION.—Nothing
in this subtitle shall prohibit a local educational
agency from requiring a parent or guardian of
a homeless child to submit contact information
required by the local educational agency of a
parent or guardian of a nonhomeless child.
‘‘(4) COMPARABLE SERVICES.—Each homeless
child or youth to be assisted under this subtitle shall
be provided services comparable to services offered
to other students in the school selected under para-
graph (3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the
child or youth meets the eligibility criteria, such
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 or
similar State or local programs, educational
programs for children with disabilities, and edu-
cational programs for students with limited-
English proficiency;
‘‘(C) programs in vocational and technical
education;
859
‘‘(D) programs for gifted and talented stu-
dents; and
‘‘(E) school nutrition programs.
‘‘(5) COORDINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency serving homeless children and youth
that receives assistance under this subtitle shall
coordinate—
‘‘(i) the provision of services under
this subtitle with local social services agen-
cies and other agencies or programs pro-
viding services to homeless children and
youth and their families, including services
and programs funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701
et seq.); and
‘‘(ii) with other local educational
agencies on interdistrict issues, such as
transportation 
or 
transfer 
of 
school
records.
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State and local educational agency
that receives assistance under this subtitle shall
coordinate with State and local housing agen-
cies responsible for developing the comprehen-
860
sive housing affordability strategy described in
section 105 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12705) to
minimize educational disruption for children
and youth who become homeless.
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A)
and (B) shall be designed to—
‘‘(i) ensure that homeless children and
youth have access and reasonable prox-
imity to available education and related
support services; and
‘‘(ii) raise the awareness of school
personnel and service providers of the ef-
fects of short-term stays in a shelter and
other challenges associated with homeless-
ness.
‘‘(6) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for
homeless children and youth, designated under
paragraph (1)(J)(ii), shall ensure that—
‘‘(i) homeless children and youth are
identified by school personnel and through
coordination activities with other entities
and agencies;
861
‘‘(ii) homeless children and youth en-
roll in, and have an equal opportunity to
succeed in, schools of that agency;
‘‘(iii) homeless families, children, and
youth receive educational services for
which such families, children, and youth
are eligible, including Head Start and
Even Start programs and preschool pro-
grams administered by the local edu-
cational agency, and referrals to health
care services, dental services, mental health
services, and other appropriate services;
‘‘(iv) the parents or guardians of
homeless children and youth are informed
of the education and related opportunities
available to their children and are provided
with meaningful opportunities to partici-
pate in the education of their children;
‘‘(v) public notice of the educational
rights of homeless children and youth is
disseminated where such children and
youth receive services under this Act, such
as family shelters and soup kitchens; and
‘‘(vi) enrollment disputes are mediated
in accordance with subsection (g)(3)(E).
862
‘‘(B) NOTICE.—State coordinators whose
duties are described under subsection (d) and
local educational agencies shall inform school
personnel, service providers, and advocates
working with homeless families of the duties of
the liaisons.
‘‘(C) LOCAL AND STATE COORDINATION.—
Local educational agency liaisons for homeless
children and youth shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel
responsible for the provision of education and
related services to homeless children and youth.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency
that receives assistance under this subtitle,
shall review and revise any policies that may act
as barriers to the enrollment of homeless chil-
dren and youth in schools selected in accord-
ance with paragraph (3).
‘‘(B) CONSIDERATION.—In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation, im-
munization, residency, birth certificates, school
863
records and other documentation, and guard-
ianship.
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment
and attendance of homeless children and youth
who are not currently attending school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN
GENERAL.—The State educational
agency shall, in accordance with section 722(e) and
from amounts made available to such agency under
section 726, make grants to local educational agen-
cies for the purpose of facilitating the enrollment,
attendance, and success in school of homeless chil-
dren and youth.
‘‘(2) SERVICES.—
‘‘(A) IN GENERAL.—Services under para-
graph (1)—
‘‘(i) may be provided through pro-
grams on school grounds or at other facili-
ties;
‘‘(ii) shall, to the maximum extent
practicable, be provided through existing
864
programs and mechanisms that integrate
homeless children and youth with non-
homeless children and youth; and
‘‘(iii) shall be designed to expand or
improve services provided as part of a
school’s regular academic program, but not
to replace such services provided under
such program.
‘‘(B) SERVICES ON SCHOOL GROUNDS.—If
services under paragraph (1) are provided on
school grounds, schools—
‘‘(i) may use funds under this subtitle
to provide the same services to other chil-
dren and youth who are determined by the
local educational agency to be at risk of
failing in, or dropping out of, schools, sub-
ject to the requirements of clause (ii);
‘‘(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide
services in settings within a school that
segregates homeless children and youth
from other children and youth, except as is
necessary for short periods of time—
‘‘(I) for health and safety emer-
gencies; or
865
‘‘(II) to provide temporary, spe-
cial, and supplementary services to
meet the unique needs of homeless
children and youth.
‘‘(3) REQUIREMENT.—Services provided under
this section shall not replace the regular academic
program and shall be designed to expand upon or
improve services provided as part of the school’s reg-
ular academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
such information as the State educational agency may rea-
sonably require. Each such application shall include—
‘‘(1) an assessment of the educational and re-
lated needs of homeless children and youth, as de-
fined in section 725(1) and (2), in the area served
by such agency (which may be undertaken as part
of needs assessments for other disadvantaged
groups);
‘‘(2) a description of the services and programs
for which assistance is sought to address the needs
identified in paragraph (1); and
866
‘‘(3) an assurance that the local educational
agency’s combined fiscal effort per student, or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fis-
cal year for which the determination is made, was
not less than 90 percent of such combined fiscal ef-
fort or aggregate expenditures for the second fiscal
year preceding the fiscal year for which the deter-
mination is made;
‘‘(4) an assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g); and
‘‘(5) a description of policies and procedures,
consistent with section 722(e)(3)(B), that the agency
will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
‘‘(c) AWARDS.—
‘‘(1) IN
GENERAL.—The State educational
agency shall, in accordance with the requirements of
this subtitle and from amounts made available to it
under section 726, make competitive subgrants to
local educational agencies that submit applications
under subsection (b). Such subgrants shall be
867
awarded on the basis of the need of such agencies
for assistance under this subtitle and the quality of
the applications submitted.
‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may con-
sider the number of homeless children and youth en-
rolled in preschool, elementary, and secondary
schools within the area served by the agency, and
shall consider the needs of such children and youth
and the ability of the agency to meet such needs.
Such agency may also consider—
‘‘(A) the extent to which the proposed use
of funds would facilitate the enrollment, reten-
tion, and educational success of homeless chil-
dren and youth;
‘‘(B) the extent to which the application—
‘‘(i) reflects coordination with other
local and State agencies that serve home-
less children and youth; and
‘‘(ii) meets the requirements of sec-
tion 722(g)(3);
‘‘(C) the extent to which the applicant ex-
hibits in the application and in current practice
a commitment to education for all homeless
children and youth; and
868
‘‘(D) such other criteria as the State agen-
cy determines appropriate.
‘‘(3) QUALITY.—In determining the quality of
applications under paragraph (1), the State edu-
cational agency shall consider—
‘‘(A) the applicant’s needs assessment
under subsection (b)(1) and the likelihood that
the program presented in the application will
meet such needs;
‘‘(B) the types, intensity, and coordination
of the services to be provided under the pro-
gram;
‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(E) the quality of the applicant’s evalua-
tion plan for the program;
‘‘(F) the extent to which services provided
under this subtitle will be coordinated with
other available services; and
‘‘(G) such other measures as the State
educational agency considers indicative of a
high-quality program.
869
‘‘(4) DURATION OF GRANTS.—Grants awarded
under this section shall be for terms not to exceed
3 years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for ac-
tivities to carry out the purpose of this subtitle,
including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State content standards and challenging State stu-
dent performance standards the State establishes for
other children and youth;
‘‘(2) the provision of expedited evaluations of
the strengths and needs of homeless children and
youth, including needs and eligibility for programs
and services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational and tech-
nical education, and school nutrition programs);
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that
870
are designed to heighten the understanding and sen-
sitivity of such personnel to the needs of homeless
children and youth, the rights of such children and
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(4) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(5) the provision of assistance to defray the
excess cost of transportation for students pursuant
to section 722(g)(4)(A), not otherwise provided
through Federal, State, or local funding, where nec-
essary to enable students to attend the school se-
lected under section 722(g)(3);
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not oth-
erwise provided through Federal, State, or local
funding, for preschool-aged children;
‘‘(7) the provision of services and assistance to
attract, engage, and retain homeless youth (as de-
scribed in paragraphs (1) and (2) of section 725) in
public school programs and services provided to non-
homeless youth;
‘‘(8) the provision for homeless children and
youth of before- and after-school, mentoring, and
871
summer programs in which a teacher or other quali-
fied individual provides tutoring, homework assist-
ance, and supervision of educational activities;
‘‘(9) if necessary, the payment of fees and other
costs associated with tracking, obtaining, and trans-
ferring records necessary to enroll homeless children
and youth in school, including birth certificates, im-
munization or medical records, academic records,
guardianship records, and evaluations for special
programs or services;
‘‘(10) the provision of education and training to
the parents of homeless children and youth about
the rights of, and resources available to, such chil-
dren and youth;
‘‘(11) the development of coordination between
schools and agencies providing services to homeless
children 
and 
youth, 
as 
described 
in 
section
722(g)(5);
‘‘(12) the provision of pupil services (including
violence prevention counseling) and referrals for
such services;
‘‘(13) activities to address the particular needs
of homeless children and youth that may arise from
domestic violence;
872
‘‘(14) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(15) the provision of school supplies, including
those supplies to be distributed at shelters or tem-
porary housing facilities, or other appropriate loca-
tions; and
‘‘(16) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State
plan submitted by a State educational agency under sec-
tion 722(g), the Secretary shall use a peer review process
and shall evaluate whether State laws, policies, and prac-
tices described in such plans adequately address the prob-
lems of homeless children and youth relating to access to
education and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle, if requested by the
State educational agency.
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‘‘(c) NOTICE.—The Secretary shall, before the next
school year that begins after the date of the enactment
of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, create and disseminate nation-
wide a public notice of the educational rights of homeless
children and youth and disseminate such notice to other
Federal agencies, programs, and grantees, including Head
Start grantees, Health Care for the Homeless grantees,
Emergency Food and Shelter grantees, and homeless as-
sistance programs administered by the Department of
Housing and Urban Development.
‘‘(d) EVALUATION AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs
of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to con-
duct such activities.
‘‘(e) SUBMISSION
AND DISTRIBUTION.—The Sec-
retary shall require applications for grants under this sub-
title to be submitted to the Secretary not later than the
expiration of the 60-day period beginning on the date that
funds are available for purposes of making such grants
and shall make such grants not later than the expiration
of the 120-day period beginning on such date.
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‘‘(f) DETERMINATION
BY SECRETARY.—The Sec-
retary, based on the information received from the States
and information gathered by the Secretary under sub-
section (e), shall determine the extent to which State edu-
cational agencies are ensuring that each homeless child
and homeless youth has access to a free appropriate public
education as described in section 721(1).
‘‘(g) INFORMATION.—
‘‘(1) IN GENERAL.—From funds appropriated
under section 726, the Secretary shall, either di-
rectly or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data
and information regarding—
‘‘(A) the number and location of homeless
children and youth;
‘‘(B) the education and related services
such children and youth receive;
‘‘(C) the extent to which such needs are
being met; and
‘‘(D) such other data and information as
the Secretary deems necessary and relevant to
carry out this subtitle.
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate such collection and dissemination with
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other agencies and entities that receive assistance
and administer programs under this subtitle.
‘‘(h) REPORT.—Not later than 4 years after the date
of the enactment of the McKinney-Vento Homeless Edu-
cation Assistance Improvements Act of 2001, the Sec-
retary shall prepare and submit to the President and the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youth, which
shall include information on—
‘‘(1) the education of homeless children and
youth; and
‘‘(2) the actions of the Department and the ef-
fectiveness of the programs supported under this
subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) The term ‘homeless children and youth’—
‘‘(A) means individuals who lack a fixed,
regular, and adequate nighttime residence
(within the meaning of section 103(a)(1));
‘‘(B) includes—
‘‘(i) children and youth who are living
in doubled-up accommodations sharing the
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housing of another due to loss of housing,
economic hardship or a similar reason, are
living in motels, hotels, trailer parks, or
camping grounds due to the lack of alter-
native adequate accommodations, are living
in emergency or transitional shelters, are
abandoned in hospitals, or are awaiting
foster care placement;
‘‘(ii) individuals who have a primary
nighttime residence that is a public or pri-
vate place not designed for or ordinarily
used as a regular sleeping accommodation
for human beings (within the meaning of
section 103(a)(2)(C)); and
‘‘(iii) children and youth who are liv-
ing in cars, parks, public spaces, aban-
doned buildings or substandard housing,
bus or train stations, or similar settings;
and
‘‘(B) does not include migratory children
(as such term is defined in section 1309(2) of
the Elementary and Secondary Education Act
of 1965, unless such children are staying in ac-
commodations not fit for habitation.
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‘‘(2) The term ‘unaccompanied youth’ includes
youth not in the physical custody of a parent or
guardian.
‘‘(3) The terms ‘enroll’ and ‘enrollment’ include
within their meaning the right to attend classes and
to participate fully in school activities.
‘‘(4) The terms ‘local educational agency’ and
‘State educational agency’ have the meanings given
such terms in section 8101 of the Elementary and
Secondary Education Act of 1965.
‘‘(5) The term ‘Secretary’ means the Secretary
of Education.
‘‘(6) The term ‘State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriated $36,000,000 for fiscal
year 2002 and such sums as may be necessary for each
of the fiscal years 2003 through 2006.’’.
SEC. 915. TECHNICAL AMENDMENT.
(a) IN GENERAL.—Section 1 of Public Law 106–400
(42 U.S.C. 11301) is amended by striking ‘‘Section 1’’
and inserting ‘‘Section 101’’.
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(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be deemed to be effective on the date
of enactment of Public Law 106–400.
PART B—REPEALS
SEC. 921. REPEALS.
The following provisions are repealed:
(1) GOALS.—Parts A and C of title II and title
VI of Goals 2000: Educate America Act.
(2) TROOPS-TO-TEACHERS
PROGRAM
ACT
OF
1999.—The Troops-to-Teachers Program Act of
1999 (title XVII of Public Law 106–65; 20 U.S.C.
9301 et seq.).
(3) ESEA.—
(A) Part B of title IX, relating to Native
Hawaiians.
(B) Title X, relating to programs of na-
tional significance.
(C) Title XI, relating to coordinated serv-
ices.
(D) Title XII, relating to education infra-
structure.
(E) The title heading of title XIII and sec-
tions 13001 and 13002.
Æ