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•HR 1 RH1&2 
such schools not in operation as of such date 
of enactment. 
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 
The Coordinator of Education of Homeless Children and 
Youth established in each State shall— 
‘‘(1) gather, to the extent possible, reliable, valid, 
and comprehensive information on the nature and ex-
tent of the problems homeless children and youth have 
in gaining access to public preschool programs and to 
public elementary and secondary schools, the difficul-
ties in identifying the special needs of such children 
and youth, any progress made by the State edu-
cational agency and local educational agencies in the 
State in addressing such problems and difficulties, 
and the success of the program under this subtitle in 
assisting homeless children and youth to enroll in, at-
tend, 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, 
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and other agencies providing services to homeless chil-
dren and youth, including homeless children, includ-
ing preschool-aged homeless children, and youth, and 
families of such children and youth; 
‘‘(5) in order to improve the provision of com-
prehensive education and related services to homeless 
children and youth and their families, coordinate and 
collaborate with— 
‘‘(A) educators, including child development 
and preschool program personnel; 
‘‘(B) State and local providers of services to 
homeless and runaway children and youth and 
homeless families (including domestic violence 
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; and 
‘‘(6) provide technical assistance to local edu-
cational agencies, in coordination with local liaisons 
designated under subsection (g)(1)(J)(ii), to ensure 
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that local educational agencies comply with the re-
quirements of paragraphs (3) through (7) of sub-
section (g). 
‘‘(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— 
‘‘(A) describe how such children and youth 
are or will be given the opportunity to meet the 
same 
challenging 
State 
student 
academic 
achievement standards all students are expected 
to meet; 
‘‘(B) describe the procedures the State edu-
cational agency will use to identify such children 
and youth in the State and to assess their special 
needs; 
‘‘(C) describe procedures for the prompt res-
olution of disputes regarding the educational 
placement of homeless children and youth; 
‘‘(D) describe programs for school personnel 
(including principals, attendance officers, teach-
ers, enrollment personnel, and pupil services per-
sonnel) to heighten the awareness of such per-
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•HR 1 RH1&2 
sonnel 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; 
‘‘(F) describe procedures that ensure that— 
‘‘(i) homeless children have equal ac-
cess to the same public preschool programs, 
administered by the State agency, as pro-
vided 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 programs; 
‘‘(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, in-
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•HR 1 RH1&2 
cluding problems caused by enrollment delays 
that are caused by— 
‘‘(i) immunization and medical records 
requirements; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments; 
‘‘(I) demonstrate that the State educational 
agency and local educational agencies in the 
State have developed, and shall review and re-
vise, policies to remove barriers to the enrollment 
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 agen-
cies will adopt policies and practices to en-
sure that homeless children and youth are 
not segregated solely on the basis of their 
status as homeless; 
‘‘(ii) local educational agencies will 
designate an appropriate staff person, who 
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•HR 1 RH1&2 
may also be a coordinator for other Federal 
programs, as a liaison for homeless children 
and youth, to carry out the duties described 
in paragraph (6)(A); and 
‘‘(iii) the State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison) to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) If the homeless child or youth 
continues to live in the area served by 
the local educational agency in which 
the school of origin is located, the 
child’s or youth’s transportation to and 
from the school of origin shall be pro-
vided or arranged by the local edu-
cational agency in which the school of 
origin is located. 
‘‘(II) If the homeless child’s or 
youth’s living arrangements in the 
area served by the local educational 
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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 assisted 
under this subtitle shall, according to the child’s 
or youth’s best interest, either— 
‘‘(i) continue the child’s or youth’s edu-
cation in the school of origin for the dura-
tion of homelessness— 
‘‘(I) in any case in which a fam-
ily becomes homeless between academic 
years or during the academic year; or 
‘‘(II) for the remainder of the aca-
demic year, if the child becomes per-
manently housed during the academic 
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 eligible 
to attend. 
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‘‘(B) BEST INTEREST.—In determining the 
best interest of the child or youth under subpara-
graph (A), the local educational agency shall— 
‘‘(i) to the extent feasible, keep a home-
less 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; 
‘‘(ii) provide a written explanation, 
including a statement regarding the right to 
appeal under subparagraph (E), to the 
homeless child’s or youth’s parent or guard-
ian if the local educational agency sends 
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 des-
ignated under paragraph (1)(J)(2) assists 
in placement or enrollment decisions under 
this subparagraph and provides notice to 
such youth of the right to appeal under sub-
paragraph (E). 
‘‘(C) ENROLLMENT.—(i) The school selected 
in accordance with this paragraph shall imme-
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•HR 1 RH1&2 
diately enroll pursuant to section 725(3) the 
homeless child or youth, even if the child or 
youth is unable to produce records normally re-
quired 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. 
‘‘(iii) If the child or youth needs to obtain 
immunizations or immunization or medical 
records, the enrolling school shall immediately 
refer the parent or guardian of the child or youth 
to the liaison who shall assist in obtaining nec-
essary immunizations or immunization or med-
ical records in accordance with subparagraph 
(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— 
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‘‘(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 dispute 
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; 
‘‘(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, in-
cluding the rights of the parent, guardian, 
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 
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expeditiously as possible after receiving no-
tice 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 else-
where. 
‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this 
paragraph, the term ‘school of origin’ means the 
school that the child or youth attended when per-
manently 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 
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•HR 1 RH1&2 
other students in the school selected under 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 Elementary 
and Secondary Education Act of 1965 or similar 
State or local programs, educational programs 
for children with disabilities, and educational 
programs for students with limited-English pro-
ficiency; 
‘‘(C) programs in vocational and technical 
education; 
‘‘(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 co-
ordinate— 
‘‘(i) the provision of services under this 
subtitle with local social services agencies 
and other agencies or programs providing 
services to homeless children and youth and 
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•HR 1 RH1&2 
their families, including services and pro-
grams funded under the Runaway and 
Homeless Youth Act (42 U.S.C. 5701 et 
seq.); and 
‘‘(ii) with other local educational agen-
cies on interdistrict issues, such as trans-
portation or transfer of school records. 
‘‘(B) HOUSING ASSISTANCE.—If applicable, 
each State and local educational agency that re-
ceives assistance under this subtitle shall coordi-
nate with State and local housing agencies re-
sponsible for developing the comprehensive hous-
ing affordability strategy described in section 
105 of the Cranston-Gonzales National Afford-
able Housing Act (42 U.S.C. 12705) to minimize 
educational disruption for children and youth 
who become homeless. 
‘‘(C) COORDINATION PURPOSE.—The coordi-
nation required under subparagraphs (A) and 
(B) shall be designed to— 
‘‘(i) ensure that homeless children and 
youth have access and reasonable proximity 
to available education and related support 
services; and 
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•HR 1 RH1&2 
‘‘(ii) raise the awareness of school per-
sonnel and service providers of the effects of 
short-term stays in a shelter and other chal-
lenges associated with homelessness. 
‘‘(6) LIAISON.— 
‘‘(A) DUTIES.—Each local liaison for home-
less children and youth, designated under para-
graph (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; 
‘‘(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 eligi-
ble, including Head Start and Even Start 
programs and preschool programs adminis-
tered by the local educational agency, and 
referrals to health care services, dental serv-
ices, mental health services, and other ap-
propriate services; 
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‘‘(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 dis-
seminated where such children and youth 
receive services under this Act, such as 
schools, family shelters, and soup kitchens; 
‘‘(vi) enrollment disputes are mediated 
in accordance with subsection (g)(3)(E); 
and 
‘‘(vii) the parent or guardian of a 
homeless child or youth, and any unaccom-
panied youth, is fully informed of all trans-
portation services, including transportation 
to the school of origin, as described in para-
graph (1)(J)(ii), and is assisted in access-
ing transportation to the school selected in 
accordance with paragraph (3)(A). 
‘‘(B) NOTICE.—State coordinators whose 
duties are described under subsection (d) and 
local educational agencies shall inform school 
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•HR 1 RH1&2 
personnel, service providers, and advocates work-
ing with homeless families of the duties of the li-
aisons. 
‘‘(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 re-
lated services to homeless children and youth. 
‘‘(7) REVIEW AND REVISIONS.— 
‘‘(A) IN GENERAL.—Each State educational 
agency and local educational agency that re-
ceives assistance under this subtitle, 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 paragraph 
(3). 
‘‘(B) CONSIDERATION.—In reviewing and 
revising such policies, consideration shall be 
given to issues concerning transportation, immu-
nization, residency, birth certificates, school 
records and other documentation, and guardian-
ship. 
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‘‘(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 agen-
cy shall, in accordance with section 722(e) and from 
amounts made available to such agency under section 
726, make grants to local educational agencies for the 
purpose of facilitating the enrollment, attendance, 
and success in school of homeless children 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 children and youth with nonhome-
less children and youth; and 
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•HR 1 RH1&2 
‘‘(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); and 
‘‘(ii) except as otherwise provided in 
section 722(e)(3)(B), shall not provide serv-
ices in settings within a school that seg-
regates homeless children and youth from 
other children and youth, except as is nec-
essary for short periods of time— 
‘‘(I) for health and safety emer-
gencies; or 
‘‘(II) to provide temporary, spe-
cial, and supplementary services to 
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meet the unique needs of homeless chil-
dren and youth. 
‘‘(3) REQUIREMENT.—Services provided under 
this section shall not replace the regular academic 
program and shall be designed to expand upon or im-
prove services provided as part of the school’s regular 
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 related 
needs of homeless children and youth, as defined in 
section 725(1) and (2), in the area served by such 
agency (which may be undertaken as part of needs as-
sessments 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); 
‘‘(3) an assurance that the local educational 
agency’s combined fiscal effort per student, or the ag-
gregate expenditures of that agency and the State 
with respect to the provision of free public education 
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•HR 1 RH1&2 
by such agency for the fiscal year preceding the fiscal 
year for which the determination is made, was not 
less than 90 percent of such combined fiscal effort or 
aggregate expenditures for the second fiscal year pre-
ceding the fiscal year for which the determination 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 agen-
cy shall, in accordance with the requirements of this 
subtitle and from amounts made available to it under 
section 726, make competitive subgrants to local edu-
cational agencies that submit applications under sub-
section (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 sub-
mitted. 
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‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may consider 
the number of homeless children and youth enrolled 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, retention, 
and educational success of homeless children and 
youth; 
‘‘(B) the extent to which the application— 
‘‘(i) reflects coordination with other 
local and State agencies that serve homeless 
children and youth; and 
‘‘(ii) 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 chil-
dren and youth; and 
‘‘(D) such other criteria as the State agency 
determines appropriate. 
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‘‘(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 pro-
gram presented in the application will meet such 
needs; 
‘‘(B) the types, intensity, and coordination 
of the services to be provided under the program; 
‘‘(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 edu-
cational agency considers indicative of a high- 
quality program. 
‘‘(4) DURATION
OF
GRANTS.—Grants awarded 
under this section shall be for terms not to exceed 3 
years. 
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‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 
agency may use funds awarded under this section for activi-
ties 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 academic content standards and challenging 
State student academic achievement 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 serv-
ices (such as educational programs for gifted and tal-
ented students, children with disabilities, and stu-
dents with limited-English proficiency, services pro-
vided under title I of the Elementary and Secondary 
Education Act of 1965 or similar State or local pro-
grams, programs in vocational and technical edu-
cation, and school nutrition programs); 
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that 
are designed to heighten the understanding and sensi-
tivity of such personnel to the needs of homeless chil-
dren and youth, the rights of such children and youth 
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•HR 1 RH1&2 
under this Act, and the specific educational needs of 
runaway and homeless youth; 
‘‘(4) the provision of referral services to homeless 
children and youth for medical, dental, mental, and 
other health services; 
‘‘(5) the provision of assistance to defray the ex-
cess cost of transportation for students pursuant to 
section 722(g)(4)(A), not otherwise provided through 
Federal, State, or local funding, where necessary to 
enable students to attend the school selected under sec-
tion 722(g)(3); 
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not other-
wise provided through Federal, State, or local fund-
ing, 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 sum-
mer programs in which a teacher or other qualified 
individual provides tutoring, homework assistance, 
and supervision of educational activities; 
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‘‘(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 pro-
grams 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 children 
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 do-
mestic violence; 
‘‘(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; 
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‘‘(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 section 
722(g), the Secretary shall use a peer review process and 
shall evaluate whether State laws, policies, and practices 
described in such plans adequately address the problems 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. 
‘‘(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 Im-
provements Act of 2001, create and disseminate nationwide 
a public notice of the educational rights of homeless children 
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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 assistance pro-
grams 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 conduct 
such activities. 
‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary 
shall require applications for grants under this subtitle 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. 
‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, 
based on the information received from the States and infor-
mation gathered by the Secretary under subsection (e), shall 
determine the extent to which State educational agencies are 
ensuring that each homeless child and homeless youth has 
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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 directly 
or through grants, contracts, or cooperative agree-
ments, 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 other 
agencies and entities that receive assistance and ad-
minister 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 Secretary 
shall prepare and submit to the President and the Com-
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mittee on Education and the Workforce of the House of Rep-
resentatives and the Committee on Health, Education, 
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 effec-
tiveness 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 (with-
in the meaning of section 103(a)(1)); 
‘‘(B) includes— 
‘‘(i) children and youth who are living 
in doubled-up accommodations sharing the 
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 
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abandoned in hospitals, or are awaiting fos-
ter 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, abandoned 
buildings or substandard housing, bus or 
train stations, or similar settings; and 
‘‘(C) 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. 
‘‘(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 
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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 $60,000,000 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 of’’ 
and inserting ‘‘Section 101 of’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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. 
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(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) Title IX, relating to Indian, Native Ha-
waiian, and Alaska Native education. 
(B) Parts A, B, C, D, F, G, I, J, L, of title 
X, relating to programs of national 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. 
(F) Title XIV, relating to general provi-
sions. 
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Union Calendar No. 38 
107TH CONGRESS 
1ST SESSION 
H. R. 1 
[Report No. 107–63, Part I] 
A BILL 
To close the achievement gap with accountability, 
flexibility, and choice, so that no child is left be-
hind. 
MAY 15, 2001 
The Committee on the Judiciary discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
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