I
106TH CONGRESS
1ST SESSION
H. R. 2888
To provide funds to assist homeless children and youth.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1999
Mrs. BIGGERT (for herself, Mr. OSE, Ms. SLAUGHTER, and Ms. SCHAKOWSKY)
introduced the following bill; which was referred to the Committee on
Banking and Financial Services, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide funds to assist homeless children and youth.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ‘‘Stewart B. McKinney
Homeless Education Assistance Improvements Act of
1999’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness this year.
(2) Homelessness has a devastating impact on
the educational opportunities of children and youth;
homeless children go hungry at more than twice the
rate of other children; have 4 times the rate of de-
layed development; and are twice as likely to repeat
a grade.
(3) Despite steady progress in school enroll-
ment and attendance resulting from the passage in
1987 of the Stewart B. McKinney Homeless Assist-
ance Act, homeless students still face numerous bar-
riers to education, including residency, guardianship
and registration requirements, as well as delays in
the transfer of school records, and inadequate trans-
portation service.
(4) School is one of the few secure factors in
the lives of homeless children and youth, providing
stability, structure, and accomplishment during a
time of great upheaval.
(5) Homeless children and youth need to re-
main in school so that they acquire the skills nec-
essary to escape poverty and lead productive, healthy
lives as adults.
(6) In the 12 years since the passage of the
McKinney Act, educators and service providers have
learned much about policies and practices which help
remove the barriers described.
SEC. 903. PURPOSE.
The purpose of this title is to reauthorize and
strengthen subtitle B of title VII of the Stewart B. McKin-
ney Homeless Assistance Act by amending it—
(1) to include innovative practices, such as
those enacted in Illinois, proven to be effective in
helping homeless children and youth enroll, attend,
and succeed in school; and
(2) to help ensure that such individuals receive
a quality education and secure their chance for a
brighter future.
Subtitle B of the Stewart B. McKinney Homeless
Education Assistance Improvements Act of 1999 is
amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of Congress that—
‘‘(1) each State educational agency shall ensure
that each child of a homeless individual and each
homeless youth has equal access to the same free,
appropriate public education, including a public pre-
school education, as provided to other children and
youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of the State’s
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
school of homeless children and youth, the State
shall review and undertake steps to revise such laws,
regulations, practices, or policies to ensure that
homeless children and youth are afforded the same
free, appropriate public education as provided to
other children and youth;
‘‘(3) homelessness alone is not sufficient reason
to separate students from the mainstream school en-
vironment; and
‘‘(4) homeless children and youth should have
access to the education and other services that such
children and youth need to ensure that such children
and youth have an opportunity to meet the same
challenging State student performance standards to
which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants to States in accordance with the
provisions of this section to enable such States to carry
out the activities described in subsections (d), (e), (f), and
(g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency
submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and section 724(c), 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 $100,000.
‘‘(2) RESERVATION.—(A) The Secretary shall
reserve 0.1 percent of the amount appropriated for
each fiscal year under section 726 to be allocated by
the Secretary among the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, according to their respec-
tive need for assistance under this subtitle (as the
subtitle was then in effect), as determined by the
Secretary.
‘‘(B)(i) The Secretary is authorized to transfer
one percent of the amount appropriated for each fis-
cal year under section 726 to the Department of the
Interior for programs for Indian students served by
schools funded by the Secretary of the Interior, as
determined under the Indian Self-Determination and
Education Assistance Act, 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 Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth 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 children,
and homeless youth that enable such children and
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) IN
GENERAL.—(A) Subject to subpara-
graph (B), if the amount allotted to the State edu-
cational agency for any fiscal year under this sub-
title exceeds the amount such agency received for
fiscal year 1990 under this subtitle (as the subtitle
was then in effect), such agency shall provide grants
to local educational agencies for purposes of section
723.
‘‘(B) The State educational agency may reserve
not more than the greater of 5 percent of the
amount such agency receives under this subtitle for
any fiscal year, or the amount such agency received
under this subtitle for fiscal year 1990, to conduct
activities under subsection (f) directly or through
grants or contracts.
‘‘(2) SPECIAL RULE.—If the amount allotted to
a State educational agency for any fiscal year under
this subtitle is less than the amount such agency re-
ceived for fiscal year 1990 under this subtitle, such
agency, at such agency’s discretion, may provide
grants to local educational agencies in accordance
with section 723 or may conduct activities under
subsection (f) directly or through grants or con-
tracts.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—In providing a free public education to
a homeless child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school, or in a separate
program within a school, based on such child or
youth’s status as homeless, except as provided in
section 723(a)(2)(B)(ii).
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
‘‘(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 allowing 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, in-
formation gathered pursuant to paragraphs (1) and
(2) at such time and in such manner as the Sec-
retary 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 and
youth who are preschool age, and families of such
children and youth; and
‘‘(5) in order to improve the provision of com-
prehensive education and related services to home-
less children and youth and their families, shall co-
ordinate and collaborate with—
‘‘(A) educators, including child develop-
ment and preschool program personnel;
‘‘(B) providers of services to homeless and
runaway children and youth and homeless fami-
lies (including domestic violence agencies, shel-
ter operators, transitional housing facilities,
runaway and homeless youth centers, and tran-
sitional living programs for homeless youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) community organizations and groups
representing homeless children and youth and
their families.
‘‘(g) STATE PLAN.—
‘‘(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 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, shall describe the
procedures the State educational agency will use to
identify such children and youth in the State and to
assess their special needs, and shall—
‘‘(A) describe procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youth;
‘‘(B) describe programs for school per-
sonnel (including principals, attendance officers,
teachers and enrollment personnel), to heighten
the awareness of such personnel of the specific
needs of runaway and homeless youth;
‘‘(C) 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;
‘‘(D) 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; and
‘‘(ii) 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;
‘‘(E) address problems set forth in the re-
port provided to the Secretary under subsection
(f)(3);
‘‘(F) 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—
‘‘(I) immunization requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates,
school records, or other documenta-
tion; or
‘‘(IV) guardianship issues;
‘‘(G) 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
‘‘(H) contain assurances that—
‘‘(i) State and local educational agen-
cies will adopt policies and practices to en-
sure that homeless children and youth are
not segregated on the basis of their status
as homeless or stigmatized; and
‘‘(ii) local educational agencies shall
designate an appropriate staff person, who
may also be a coordinator for other Fed-
eral programs, as a liaison for homeless
children and youth.
‘‘(2) COMPLIANCE.—Each plan adopted under
this subsection shall also demonstrate how the State
will ensure that local educational agencies in the
State will comply with the requirements of para-
graphs (3) through (9).
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—Each local educational
agency serving a homeless child or youth 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—
‘‘(I) for the duration of their
homelessness;
‘‘(II) if the child becomes perma-
nently housed, for the remainder of
the academic year; or
‘‘(III) in any case in which a
family becomes homeless between aca-
demic years, for the following aca-
demic year; or
‘‘(ii) enroll the child or youth in any
school that nonhomeless students who live
in the attendance area in which the child
or youth is actually living are eligible to at-
tend.
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under sub-
paragraph (A), the local educational agency
shall to the extent feasible, keep a homeless
child or youth in the school of origin, except
when doing so is contrary to the wishes of the
child’s or youth’s parent or guardian.
‘‘(C) ENROLLMENT.—(i) The school se-
lected in accordance with this paragraph shall
immediately enroll the homeless child or youth
even if the child or youth is unable to produce
records normally required for enrollment, such
as previous academic records, medical records,
proof of residency, 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. If the child or youth needs to obtain
immunizations, 
the 
enrolling 
school 
shall
promptly refer the child or youth to the appro-
priate authorities for such immunizations.
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization
records, academic records, birth certificates,
guardianship records, and evaluations for spe-
cial 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 local educational agency; and
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act.
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over selection or enrollment in a
school—
‘‘(i) the child or youth shall be admit-
ted immediately to the school in which the
parent or guardian seeks enrollment, pend-
ing resolution of the dispute;
‘‘(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 rights of the parent or guardian
to appeal the decision; and
‘‘(iii) the child, youth, parent, or
guardian shall be referred to the local liai-
son, who shall carry out the State’s griev-
ance procedure as described in paragraph
(1)(A) not later than 7 days after receiving
notice 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 parent or has been temporarily placed else-
where by the parent.
‘‘(G) DEFINITION.—For purposes of this
paragraph, the term ‘‘school of origin’’ means
the school that the child or youth attended
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 according to
the provisions of paragraph (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 (20
U.S.C. 6301 et seq.) or similar State or local
programs, educational programs for children
with disabilities, and educational programs for
students with limited-English proficiency;
‘‘(C) programs in vocational education;
‘‘(D) programs for gifted and talented stu-
dents; and
‘‘(E) school meals programs.
‘‘(5) COORDINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency serving homeless children and youth
that receives assistance under this subtitle shall
coordinate the provision of services under this
subtitle with local services agencies and other
agencies or programs providing 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.).
‘‘(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-
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 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
children and youth.
‘‘(7) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for
homeless children and youth, designated pursu-
ant to paragraph (1)(H)(ii), shall ensure that—
‘‘(i) homeless children and youth en-
roll in, and have a full and equal oppor-
tunity to succeed in, schools of that agen-
cy;
‘‘(ii) 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;
‘‘(iii) the parent or guardian of a
homeless child or youth is informed of the
education and related opportunities avail-
able to their child and is provided with
meaningful opportunities to participate in
the education of the child or youth; and
‘‘(iv) the educational rights of such
children and youth are posted where such
children and youth receive services under
this Act (such as family shelters and soup
kitchens).
‘‘(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.
‘‘(8) REVIEW
AND
REVISIONS.—Each State
educational agency and local educational agency
shall review and revise any policies that may act as
barriers to the enrollment of homeless children and
youth in schools selected in accordance with para-
graph (3). In reviewing and revising such policies,
consideration shall be given to issues concerning
transportation, immunization, residency, birth cer-
tificates, school records, and other documentation,
and guardianship. Special attention 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
programs and mechanisms that integrate
homeless individuals with nonhomeless in-
dividuals; and
‘‘(iii) shall be designed to expand or
improve services provided as part of a
school’s regular academic program, but not
replace that 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); and
‘‘(ii) shall not provide services in set-
tings within a school that segregates home-
less 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
‘‘(II) to provide temporary, spe-
cial, 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 according to guidelines issued by the Sec-
retary. Each such application shall include—
‘‘(1) an assessment of the educational and re-
lated needs of homeless children and youth in such
agency (which may be undertaken as a part of needs
assessments for other disadvantaged groups);
‘‘(2) a description of the services and programs
for which assistance is sought and the problems to
be addressed through the provision of such services
and programs;
‘‘(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 come into com-
pliance with, paragraphs (3) through (8) of section
722(g); and
‘‘(5) a description of policies and procedures
that the agency will implement to ensure that activi-
ties carried out by the agency will not isolate or stig-
matize 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
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
reflects coordination with other local and State
agencies that serve homeless children and
youth, and meets the requirements of section
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
‘‘(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.
‘‘(4) DURATION OF GRANTS.—Grants awarded
under this section shall be for terms not to exceed
three 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 student performance standards the State es-
tablishes for other children or 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 education,
and school meals programs);
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that
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 before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;
‘‘(8) 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 records, academic records, guardianship
records, and evaluations for special programs or
services;
‘‘(9) 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;
‘‘(10) the development of coordination between
schools and agencies providing services to homeless
children and youth, including programs funded
under the Runaway and Homeless Youth Act;
‘‘(11) the provision of pupil services (including
violence prevention counseling) and referrals for
such services;
‘‘(12) activities to address the particular needs
of homeless children and youth that may arise from
domestic violence;
‘‘(13) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(14) the provision of school supplies, including
those supplies to be distributed at shelters or tem-
porary housing facilities, or other appropriate loca-
tions; and
‘‘(15) 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.
‘‘(c) NOTICE.—The Secretary shall, before the next
school year that begins after the date of the enactment
of the Stewart B. McKinney Homeless Education Assist-
ance Improvements Act of 1999, create and disseminate
nationwide a public notice of the educational rights of
homeless children and youth.
‘‘(d) GUIDELINES.—The Secretary shall develop,
issue, and publish in the Federal Register, not later than
60 days after the date of enactment of the Stewart B.
McKinney Homeless Education Assistance Improvements
Act of 1999, guidelines to States regarding the following:
‘‘(1) ENROLLMENT.—Such guidelines shall re-
view successful ways in which a State may assist
local educational agencies to immediately enroll
homeless students. The enrollment guidelines issued
by the Secretary shall—
‘‘(A) clarify that enrollment includes a
homeless child’s right to actually attend school;
and
‘‘(B) explain existing requirements that
States review their immunization and medical
or school records and to make such revisions as
appropriate and necessary in order to enroll
homeless students in school more quickly.
‘‘(2) TRANSPORTATION.—The guidelines shall
also address the transportation needs of homeless
students. The transportation guidelines issued by
the Secretary shall—
‘‘(A) explicitly state that the goal of the
transportation provisions contained in this Act
is to provide educational stability by reducing
mobility and ensuring an effective learning envi-
ronment for homeless children; and
‘‘(B) encourage States to address transpor-
tation barriers for homeless students by enact-
ing legislation similar to the Illinois law relating
to homeless children.
‘‘(e) 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.
‘‘(f) 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.
‘‘(g) DETERMINATION
BY SECRETARY.—The Sec-
retary, based on the information received from the States
and information gathered by the Secretary under sub-
section (f), 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).
‘‘(f) 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) The Secretary shall coordinate such collec-
tion and dissemination with other agencies and enti-
ties that receive assistance and administer programs
under this subtitle.
‘‘(g) REPORT.—Not later than 4 years after the date
of the enactment of the Stewart B. McKinney Homeless
Education Assistance Improvement Act of 1999, the Sec-
retary shall prepare and submit to the President and ap-
propriate committees of the House of Representatives and
the Senate a report on the status of education of homeless
youth and children, 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.
‘‘For the purpose of this subtitle, unless otherwise
stated—
‘‘(1) the terms ‘local educational agency’ and
‘State educational agency’ have the same meaning
given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
8801 et seq.).
‘‘(2) the term ‘Secretary’ means the Secretary
of Education; and
‘‘(3) 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 $50,000,000 for fiscal
year 2000 and such sums as may be necessary for each
of the fiscal years 2001 through 2004.’’.
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