I 
111TH CONGRESS 
2D SESSION 
H. R. 5285 
To amend subtitle B of title VII of the McKinney-Vento Homeless Assistance 
Act to provide education for homeless children and youths, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2010 
Mrs. BIGGERT (for herself, Mr. KILDEE, Mr. PLATTS, Ms. FUDGE, and Mr. 
SESTAK) introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committee on Fi-
nancial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend subtitle B of title VII of the McKinney-Vento 
Homeless Assistance Act to provide education for home-
less children and youths, and for other purposes. 
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 Act may be cited as the ‘‘Educational Success 
for Children and Youth Without Homes Act of 2010’’. 
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SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND 
YOUTHS. 
Subtitle B of title VII of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11431 et seq.) is amended 
to read as follows: 
‘‘Subtitle B—Education for 
Homeless Children and Youths 
‘‘SEC. 721. STATEMENT OF POLICY. 
‘‘The following is the policy of Congress: 
‘‘(1) Each State and local educational agency 
shall ensure that each homeless child and youth has 
access to the same free appropriate public education, 
including a public preschool education, as is provided 
to other children and youths. 
‘‘(2) In any State where compulsory residency 
requirements or other requirements of laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies shall review and re-
vise such laws, regulations, practices, or policies to 
ensure that homeless children and youths are af-
forded the same free appropriate public education as 
is provided to other children and youths. 
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‘‘(3) Homelessness is not a sufficient reason to 
separate students from the mainstream school envi-
ronment. 
‘‘(4) Homeless children and youths shall have 
access to the education and other services that such 
children and youths need to ensure that such chil-
dren and youths have an opportunity to meet the 
same challenging State student academic achieve-
ment standards to which all students are held. 
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to make grants to States in accordance with the pro-
visions of this section to enable such States to carry 
out the activities described in subsections (d) 
through (g). 
‘‘(2) EMERGENCY DISASTER GRANTS.— 
‘‘(A) IN GENERAL.—In addition to sums 
authorized by section 726, there are authorized 
to be appropriated to the Secretary such addi-
tional sums as may be necessary to distribute 
to local educational agencies directly or through 
the Office of Coordinator for Education of 
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Homeless Children and Youths in a State edu-
cational agency as emergency disaster grants, 
to increase local educational agencies’ capacity 
to respond to major disasters. 
‘‘(B) ELIGIBILITY
FOR
GRANT.—Emer-
gency disaster grant funds shall be made avail-
able, based on demonstrated need, to local edu-
cational agencies whose enrollment of homeless 
children and youth has increased as a result of 
hurricanes, floods, and other natural disasters 
for which the President declared a major dis-
aster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
of 1974. 
‘‘(C) DISTRIBUTION
OF
GRANTS.—Not-
withstanding subsection (c) or section 724(e), 
the Secretary shall distribute emergency dis-
aster grants— 
‘‘(i) to State or local educational 
agencies in amounts determined by the 
Secretary and related to the increase in en-
rollment of homeless children and youth as 
a result of a major disaster; and 
‘‘(ii) expeditiously, in no case later 
than 75 days after such funds are appro-
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priated to the Secretary, and in a manner 
which enables local educational agencies to 
use such funds for the immediate needs of 
disaster response and ongoing disaster re-
covery. 
‘‘(D) USE
OF
FUNDS.—Emergency dis-
aster grant funds shall be used to carry out the 
activities described in section 723(d). 
‘‘(b) APPLICATION.—In order for a State to be eligi-
ble to receive a grant under subsection (a)(1), the State 
educational agency, in consultation with other relevant 
State agencies, shall submit an application to the Sec-
retary at such time, in such manner, and containing or 
accompanied by such information as the Secretary may 
reasonably require. 
‘‘(c) ALLOCATION AND RESERVATIONS.— 
‘‘(1) ALLOCATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), 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 that remains after the Sec-
retary reserves funds under paragraph (2) and 
uses funds to carry out section 724 (d) and (h), 
as the amount allocated under section 1122 of 
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the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6332) to the State for that 
year bears to the total amount allocated under 
section 1122 of such Act to all States for that 
year, except as provided in subparagraph (B). 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
shall receive less under this paragraph than the 
greater of— 
‘‘(i) $300,000; or 
‘‘(ii) one-fourth of 1 percent of the 
amount appropriated under section 726 for 
that year. 
‘‘(C) RATABLE REDUCTION FOR INSUFFI-
CIENT FUNDS.—If there are insufficient funds 
in a fiscal year to allot to each State the min-
imum amount under subparagraph (B), the 
Secretary shall ratably reduce the allotments to 
all States based on the proportionate share that 
each State received under this subsection for 
the preceding fiscal year. 
‘‘(2) RESERVATIONS.— 
‘‘(A) STUDENTS
IN
TERRITORIES.—The 
Secretary is authorized to reserve 0.1 percent of 
the amount appropriated for each fiscal year 
under section 726 to be allocated by the Sec-
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retary among the United States Virgin Islands, 
Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands, ac-
cording to their respective needs for assistance 
under this subtitle, as determined by the Sec-
retary. Funds allocated under this subpara-
graph shall be used for programs that are con-
sistent with the purposes of the programs de-
scribed in this subtitle. 
‘‘(B) INDIAN STUDENTS.— 
‘‘(i) TRANSFER.—The Secretary shall 
transfer 1 percent of the amount appro-
priated for each fiscal year under section 
726 to the Department of the Interior for 
programs that are for Indian students 
served by schools funded by the Secretary 
of the Interior, as determined under the 
Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), 
and that are consistent with the purposes 
of the programs described in this subtitle. 
‘‘(ii) AGREEMENT.—The Secretary of 
Education and the Secretary of the Inte-
rior shall enter into an agreement, con-
sistent with the requirements of this sub-
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title, for the distribution and use of the 
funds described in clause (i) under terms 
that the Secretary of Education determines 
best meet the purposes of the programs de-
scribed in this subtitle. Such agreement 
shall set forth the plans of the Secretary of 
the Interior for the use of the funds trans-
ferred, including appropriate goals, objec-
tives, and milestones for that use. 
‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 
made to a State under subsection (a)(1) shall be used for 
the following: 
‘‘(1) To carry out the policies set forth in sec-
tion 721 in the State. 
‘‘(2) To provide activities and services to im-
prove the identification of homeless children and 
youths and enable such children and youths to enroll 
in, attend, and succeed in school and preschool pro-
grams. 
‘‘(3) To establish or designate an Office of the 
Coordinator for Education of Homeless Children and 
Youths in the State educational agency in accord-
ance with subsection (f) that has sufficient capacity, 
resources, and support to carry out the duties de-
scribed in this subtitle. 
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‘‘(4) To prepare and carry out the State plan 
described in subsection (g). 
‘‘(5) To develop and implement professional de-
velopment activities for liaisons designated under 
subsection (g)(1)(J)(ii), other local educational agen-
cy and school personnel, and community agencies— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific problems in the 
education of homeless children and youths. 
‘‘(e) STATE AND LOCAL SUBGRANTS.— 
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 
From the grant funds made available each year to 
a State under subsection (a)(1) to carry out this 
subtitle, the State educational agency shall dis-
tribute not less than 75 percent by making sub-
grants under section 723 to local educational agen-
cies for the purposes of carrying out section 723. 
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 
From the remainder of those grant funds, a State 
educational agency may use amounts to conduct ac-
tivities under subsection (f) directly or through 
grants or contracts. 
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‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1)(A) gather and make publicly available reli-
able, valid, and comprehensive information— 
‘‘(i) on the number of homeless children 
and youths identified in the State; 
‘‘(ii) on the nature and extent of the prob-
lems homeless children and youths have in gain-
ing access to public preschool programs and to 
public 
elementary 
schools 
and 
secondary 
schools; 
‘‘(iii) on the difficulties in identifying the 
special needs and barriers to participation and 
achievement of such children and youths; 
‘‘(iv) on any progress made by the State 
educational agency and local educational agen-
cies in the State in addressing such problems 
and difficulties; and 
‘‘(v) describing subgrants awarded under 
this subtitle, and the success of the programs 
under this subtitle in identifying homeless chil-
dren and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; and 
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‘‘(B) ensure that a report indicating the num-
bers of homeless children and youths identified by 
each local educational agency in the State shall be 
posted annually on the State educational agency’s 
website; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, reports containing such informa-
tion as the Secretary determines is necessary to as-
sess the educational needs of all homeless children 
and youths within the State, including data re-
quested pursuant to subsection (h) of section 724; 
‘‘(4) in order to improve identification of home-
less children and youths and to improve the provi-
sion of comprehensive education and related support 
services to homeless children and youths and their 
families, and to minimize educational disruption, co-
ordinate activities, and collaborate with— 
‘‘(A) educators, including special education 
personnel, child development and preschool pro-
gram personnel, truancy, attendance, and drop-
out prevention personnel, and personnel from 
programs provided under titles I, III, and IV of 
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the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq., 6801 et seq., 
and 7101 et seq.) and similar State programs; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; 
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‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(F) relevant State agencies and task 
forces, such as State interagency councils on 
homelessness, State agencies administering 
higher education programs and councils for 
higher education, State housing agencies, emer-
gency and disaster response teams, State Head 
Start collaboration offices, and State advisory 
panels and State interagency coordinating coun-
cils convened under parts B and C of the Indi-
viduals With Disabilities Education Act (20 
U.S.C. 1411 et seq., 1431 et seq.); and 
‘‘(G) the Coordinators for Education of 
Homeless Children and Youths in other States, 
including adjacent States; 
‘‘(5) provide professional development and tech-
nical assistance to and conduct monitoring of local 
educational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of paragraphs (3) 
through (7) of subsection (g), and subsection (h); 
and 
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‘‘(6) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle. 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Secretary and carry out a plan to provide for 
education and related support services for all home-
less children and youths within the State. Such plan 
shall include the following: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same challenging State stu-
dent academic achievement standards as all stu-
dents are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use, in coordina-
tion with local educational agencies, to identify 
all such children and youths in the State and 
to assess their special needs. 
‘‘(C) A description of procedures for the 
prompt resolution of disputes arising under this 
subtitle, which shall— 
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‘‘(i) ensure that local educational 
agencies have developed dispute resolution 
procedures which, at a minimum— 
‘‘(I) are developed in coordina-
tion and collaboration with the liai-
sons designated under subparagraph 
(J)(ii); 
‘‘(II) are accessible to parents 
and guardians of homeless children 
and youths, and to unaccompanied 
youths; 
‘‘(III) 
provide 
such 
parents, 
guardians, and unaccompanied youths 
with sufficient opportunity to present 
their complaints; and 
‘‘(IV) designate decisionmakers 
who are fair and impartial and have 
received training on the requirements 
of this subtitle; 
‘‘(ii) ensure that parents and guard-
ians of homeless children and youths, and 
unaccompanied youths, who have ex-
hausted the procedures available under 
clause (i) are able to appeal to the State 
educational agency, which shall render de-
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cisions that are binding on the relevant 
local educational agencies; 
‘‘(iii) define the role of the Coordi-
nator for Education of Homeless Children 
and Youths in resolving disputes under 
this subtitle appealed to the State edu-
cational agency; 
‘‘(iv) include procedures to resolve 
promptly disputes under this subtitle be-
tween local educational agencies; 
‘‘(v) ensure that homeless children 
and youths are enrolled in school pursuant 
to paragraph (3)(E) and receive transpor-
tation pursuant to subparagraph (J)(iii) 
pending final resolution of disputes, includ-
ing resolution through all available local 
and State dispute resolution procedures 
and pending legal actions, paying par-
ticular attention to ensuring enrollment in 
cases of disputes between local educational 
agencies; and 
‘‘(vi) include procedures for State 
educational agencies or local educational 
agencies to determine the need for, and en-
sure the delivery of, additional academic 
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support in cases in which a local edu-
cational agency has unlawfully denied a 
student access to school or school services, 
including transportation. 
‘‘(D) A description of programs for school 
and other local educational agency personnel 
(including the liaisons, principals, attendance 
officers, teachers, enrollment personnel, and 
pupil services personnel) to heighten the aware-
ness of such personnel of the specific needs of 
homeless adolescents, including runaway and 
homeless youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths are able 
to participate in Federal, State, or local nutri-
tion programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have access to 
public preschool programs, administered by 
the State educational agency or local edu-
cational agency, including through the poli-
cies and practices required under para-
graph (7); 
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‘‘(ii) 
homeless 
youths, 
including 
youths separated from public schools, are 
identified and accorded access to appro-
priate secondary education and related 
support services, including through the im-
plementation of policies and practices to 
ensure that such youths are— 
‘‘(I) able to receive credit for full 
or partial coursework satisfactorily 
completed while attending a prior 
school; 
‘‘(II) are afforded opportunities 
to recover credits lost during periods 
of homelessness; and 
‘‘(III) are not penalized for ab-
sences related to homelessness and 
are allowed to receive credit for work 
completed after their enrollment; and 
‘‘(iii) homeless children and youths 
who meet the relevant eligibility criteria 
have access to magnet school, summer 
school, vocational and technical education, 
advanced placement, online learning oppor-
tunities, and charter school programs. 
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‘‘(G) Strategies to address problems identi-
fied in the reports provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including enrollment problems 
related to— 
‘‘(i) immunization and other required 
health records and screenings; 
‘‘(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) A demonstration that the State edu-
cational agency, and local educational agencies 
and schools in the State, regularly review and 
revise their policies and practices to remove 
barriers to the identification, enrollment, at-
tendance, retention, and success of homeless 
children and youths in schools and public pre-
school programs in the State. 
‘‘(J) Assurances that the following will be 
carried out: 
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‘‘(i) PREVENTION
OF
STIGMAS
AND 
SEGREGATION.—The 
State 
educational 
agency and local educational agencies in 
the State will adopt policies and practices 
to ensure that homeless children and 
youths are not stigmatized or segregated 
on the basis of their status as homeless. 
‘‘(ii) 
LIAISON.—Local 
educational 
agencies will designate a staff person as 
the local educational agency liaison for 
homeless children and youths, who shall 
have sufficient training, resources, and 
time to carry out the duties described in 
paragraph (6), and who may also be a co-
ordinator for other Federal programs. 
‘‘(iii) 
PROVISION
OF
TRANSPOR-
TATION.—The State and local educational 
agencies will adopt policies and practices to 
ensure that appropriate transportation 
suitable for the needs of the child or youth 
is provided expeditiously, at the request of 
the parent or guardian involved (or in the 
case of an unaccompanied youth, the liai-
son), to and from the school of origin (as 
defined in paragraph (3)(J)), for as long 
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in which the child or youth is living 
shall share equally the cost and re-
sponsibility for providing transpor-
tation to and from the school of origin 
unless the agencies agree upon an-
other method to apportion cost and 
responsibility, or the State educational 
agency has devised another method to 
apportion 
cost 
and 
responsibility 
among local educational agencies. 
‘‘(iv) SCHOOL
SUCCESS.—The State 
educational agency and local educational 
agencies will adopt policies and practices to 
promote school success for homeless chil-
dren and youths, including by— 
‘‘(I) ensuring that homeless chil-
dren and youths have opportunities to 
meet the same challenging State stu-
dent academic achievement standards 
to which other students are held; 
‘‘(II) ensuring that homeless chil-
dren and youths are able to partici-
pate fully in all classes and school ac-
tivities, including extracurricular ac-
tivities, athletic activities for which 
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they meet skill level requirements, be-
fore and after school programs, sum-
mer school programs, field trips, 
classes, tests, and activities with fees, 
services provided under title I of the 
Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) 
and similar State and local programs, 
and other activities made available to 
nonhomeless students; and 
‘‘(III) ensuring that such policies 
and practices remove barriers to par-
ticipation related to fees, credit ac-
crual policies, lack of guardianship, 
lack of transportation, enrollment and 
participation deadlines, and residency 
requirements. 
‘‘(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 
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furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
‘‘(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— 
‘‘(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 the 
child or youth becomes a homeless 
child or youth between academic years 
or during an academic year; and 
‘‘(II) for the remainder of the 
academic year, if the child or youth 
becomes permanently housed during 
an academic year; or 
‘‘(ii) enroll the child or youth in any 
public school that nonhomeless students 
who live in the attendance area in which 
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the child or youth is actually living are eli-
gible to attend. 
‘‘(B) SCHOOL STABILITY.—To promote the 
school stability of the child or youth, and in de-
termining the best interest of the child or youth 
under subparagraph (A), the local educational 
agency shall— 
‘‘(i) presume that keeping the child or 
youth in the school of origin is in the 
child’s or youth’s best interest, except 
when doing so is contrary to the wishes of 
the child’s or youth’s parent or guardian, 
or the unaccompanied youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s best inter-
est, giving priority to the wishes of the 
parent, guardian, or unaccompanied youth, 
including— 
‘‘(I) the harmful impact of school 
mobility on academic achievement and 
social and emotional well-being; 
‘‘(II) the age of the child or 
youth; 
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‘‘(III) the impact any commute 
may have on the child’s or youth’s 
education; 
‘‘(IV) personal safety issues; 
‘‘(V) the child’s or youth’s need 
for special instruction, including spe-
cial education and related services; 
‘‘(VI) the length of anticipated 
stay in a temporary shelter or other 
temporary location; 
‘‘(VII) the time remaining in the 
school year; and 
‘‘(VIII) the school placement of 
family members; 
‘‘(iii) if, after conducting the best in-
terest determination described in clause 
(ii), the local educational agency deter-
mines that it is not in the child’s or 
youth’s best interest to attend the school of 
origin or the school requested by the par-
ent, guardian, or unaccompanied youth, 
provide the child’s or youth’s parent or 
guardian or the unaccompanied youth with 
a written explanation of the reasons for its 
determination, in a manner and form un-
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derstandable to such parent, guardian, or 
youth, including information regarding the 
right to appeal described in subparagraph 
(E); 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the liaison designated 
under paragraph (1)(J)(ii) assists in place-
ment or enrollment decisions under this 
subparagraph, gives priority to the views of 
such unaccompanied youth, and provides 
notice to such youth of the right to appeal 
described in subparagraph (E); and 
‘‘(v) provide transportation pursuant 
to paragraphs (1)(J)(iii) and (4). 
‘‘(C) ENROLLMENT.— 
‘‘(i) IN
GENERAL.—The school se-
lected in accordance with this paragraph 
shall immediately enroll the homeless child 
or youth, even if the child or youth— 
‘‘(I) is unable to produce records 
normally required for enrollment, in-
cluding previous academic records, 
records of immunizations and health 
screenings and other required health 
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records, proof of residency or guard-
ianship, or other documentation; 
‘‘(II) has unpaid fines or fees 
from prior schools or is unable to pay 
fees in the school selected; or 
‘‘(III) has missed application or 
enrollment deadlines during any pe-
riod of homelessness. 
‘‘(ii) 
RELEVANT
ACADEMIC 
RECORDS.—The enrolling school shall im-
mediately contact the school last attended 
by the child or youth to obtain relevant 
academic and other records. 
‘‘(iii) RELEVANT HEALTH RECORDS.— 
If the child or youth needs to obtain immu-
nizations or health screenings, or immuni-
zation or other required health records, the 
enrolling school shall immediately enroll 
the child or youth and refer the parent or 
guardian of the child or youth, or the un-
accompanied youth, to the local edu-
cational agency liaison designated under 
paragraph (1)(J)(ii), who shall assist in 
obtaining 
necessary 
immunizations 
or 
screenings, or immunization or other re-
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quired health records in accordance with 
subparagraph (D). 
‘‘(iv) NO
LIABILITY.—Whenever the 
school selected enrolls an unaccompanied 
youth in accordance with this paragraph, 
no liability shall be imposed upon the 
school by reason of enrolling the youth 
without parent or guardian consent. 
‘‘(D) RECORDS.— 
‘‘(i) IN GENERAL.—Any record ordi-
narily kept by the school, including records 
of immunizations and health screenings 
and other required health records, aca-
demic records, birth certificates, guardian-
ship records, and evaluations for special 
services or programs, regarding each 
homeless child or youth shall be— 
‘‘(I) maintained so that the 
records involved are available, in a 
timely fashion, when a homeless child 
or youth enters a new school or school 
district; 
‘‘(II) immediately sent to the en-
rolling school, even if the child or 
youth owes fees or fines or was not 
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withdrawn from the previous school in 
conformance with local withdrawal 
procedures; and 
‘‘(III) maintained in a manner 
consistent with section 444 of the 
General Education Provisions Act (20 
U.S.C. 1232g). 
‘‘(ii) RELEASE.—School records need-
ed for academic placement decisions shall 
be released immediately by the previous 
school by facsimile transmission or other 
available electronic means. 
‘‘(E) DISPUTES.—If a dispute arises over 
eligibility for services, school selection, enroll-
ment in a school, or any other issue under this 
subtitle— 
‘‘(i) the child or youth involved shall 
be immediately enrolled in the school in 
which enrollment is sought, pending final 
resolution of the dispute, including all 
available appeals; 
‘‘(ii) the parent, guardian, or unac-
companied youth involved shall be provided 
with written explanations of any decisions 
made by the school, the local educational 
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agency, or the State educational agency in-
volved, which shall include information 
about the right to appeal such decisions; 
‘‘(iii) the parent, guardian, or unac-
companied youth shall be referred to the 
local educational agency liaison designated 
under paragraph (1)(J)(ii), who shall carry 
out the dispute resolution process as de-
scribed in paragraph (1)(C) as expedi-
tiously as possible after receiving notice of 
such dispute; and 
‘‘(iv) in the case of an unaccompanied 
youth, the liaison shall ensure that the 
youth is immediately enrolled in the school 
in which the youth seeks enrollment pend-
ing resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of 
whether the child or youth involved lives with 
the homeless parents or has been temporarily 
placed elsewhere. 
‘‘(G) 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. 
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‘‘(H) 
PRIVACY.—Information 
about 
a 
homeless child’s or youth’s living situation shall 
be treated as a student education record under 
section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) and shall not be 
released to housing providers, employers, law 
enforcement personnel, or other persons or 
agencies not authorized to have such informa-
tion under section 99.31 of title 34, Code of 
Federal Regulations, paying particular atten-
tion to preventing disruption of the living situa-
tion of the child or youth and to supporting the 
safety of such children and youths who are sur-
vivors of domestic violence and unaccompanied 
youths. 
‘‘(I) 
ACADEMIC
ACHIEVEMENT.—The 
school selected in accordance with this para-
graph shall ensure that homeless children and 
youths have opportunities to meet the same 
challenging State student academic achievement 
standards to which other students are held, in-
cluding implementing the policies and practices 
required by paragraph (1)(J)(iv). 
‘‘(J) SCHOOL
OF
ORIGIN
DEFINED.—In 
this paragraph: 
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‘‘(i) IN GENERAL.—The term ‘school 
of origin’ means the school that a child or 
youth attended when permanently housed 
or the school in which the child or youth 
was last enrolled. 
‘‘(ii) RECEIVING SCHOOL.—When the 
child or youth completes the final grade 
level served by the school of origin, as de-
scribed in clause (i), the term ‘school of or-
igin’ shall include the designated receiving 
school at the next grade level for all feeder 
schools. 
‘‘(4) COMPARABLE SERVICES.—In addition to 
receiving services provided for homeless children and 
youths under this subtitle or other Federal, State, or 
local laws, regulations, policies, or practices, each 
homeless child or youth to be assisted under this 
subtitle also shall be provided services comparable to 
services offered to other students in the school se-
lected under paragraph (3), including the following: 
‘‘(A) Transportation services. 
‘‘(B) Educational services for which the 
child or youth meets the eligibility criteria, in-
cluding services provided under title I of the El-
ementary and Secondary Education Act of 1965 
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(20 U.S.C. 6301 et seq.) or services of similar 
State or local programs, charter schools, mag-
net schools, educational programs for children 
with disabilities, and educational programs for 
students with limited English proficiency. 
‘‘(C) Programs in vocational and technical 
education. 
‘‘(D) Programs for gifted and talented stu-
dents. 
‘‘(E) School nutrition programs. 
‘‘(5) COORDINATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency shall coordinate— 
‘‘(i) the provision of services under 
this subtitle with the services of local social 
services agencies and other agencies or en-
tities providing services to homeless chil-
dren and youths and their families, includ-
ing services and programs funded under 
the Runaway and Homeless Youth Act (42 
U.S.C. 5701 et seq.) or provided by other 
agencies serving unaccompanied youths, 
public and private child welfare agencies, 
Head Start centers and local entities ad-
ministering State-funded preschool pro-
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grams, and agencies providing mental 
health services; 
‘‘(ii) transportation, transfer of school 
records, and other interdistrict activities, 
with other local educational agencies; 
‘‘(iii) the provision of services under 
this subtitle with the provision of other 
education programs, including programs 
provided under titles I, III, and IV of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq., 6801 et 
seq., and 7101 et seq.) and similar State 
and local programs, programs in vocational 
and technical education, truancy and drop-
out prevention programs, before and after 
school programs, summer school programs, 
programs provided for students with dis-
abilities, students with limited English pro-
ficiency, and gifted and talented students, 
and local educational agency transpor-
tation services; and 
‘‘(iv) activities, planning, and initia-
tives with State and local agencies and or-
ganizations providing emergency, transi-
tional, and permanent housing and other 
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services to homeless families and unaccom-
panied youths, including developing and 
implementing strategies to minimize edu-
cational disruption for children and youths 
who become homeless. 
‘‘(B) COORDINATION
PURPOSE.—The co-
ordination required under subparagraph (A) 
shall be designed to— 
‘‘(i) ensure that all homeless children 
and youths are promptly identified; 
‘‘(ii) ensure that homeless children 
and youths have access to and are in rea-
sonable proximity to available education 
and related support services; 
‘‘(iii) decrease school mobility and en-
sure that agencies placing homeless chil-
dren and youth in housing and agencies 
providing housing and other services con-
sider the proximity of housing and services 
to a child or youth’s school of origin (as 
defined in paragraph (3)(J)); and 
‘‘(iv) raise the awareness of school 
personnel and service providers of the ef-
fects of short-term stays in a shelter and 
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other challenges associated with homeless-
ness. 
‘‘(C) HOMELESS CHILDREN AND YOUTHS 
WITH DISABILITIES.— 
‘‘(i) IN GENERAL.—For children and 
youth who are to be assisted both under 
this subtitle, and under the Individuals 
with Disabilities Education Act (20 U.S.C. 
1400 et seq.) or section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794), 
each local educational agency shall coordi-
nate the provision of services under this 
subtitle with the provision of programs for 
children with disabilities served by that 
local educational agency and other involved 
local educational agencies. 
‘‘(ii) COST AND RESPONSIBILITY FOR 
INDIVIDUALS
WITH
DISABILITIES.—Such 
coordination shall include the following: 
‘‘(I) 
TRANSPORTATION.—Each 
local educational agency shall adopt 
policies and practices to apportion the 
cost and responsibility for providing 
transportation to children and youths 
entitled to transportation services 
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under both paragraph (1)(J)(iii) and 
the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) or 
section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794). 
‘‘(II) PUBLIC OR PRIVATE EDU-
CATIONAL PROGRAM.— 
‘‘(aa) IN GENERAL.—Except 
as provided in item (bb), if a 
local 
educational 
agency 
has 
placed a child or youth in a pri-
vate educational program, or in a 
public educational program out-
side the area served by that local 
educational agency, under section 
614(d)(1)(A) of the Individuals 
with Disabilities Education Act 
(20 U.S.C. 1414(d)(1)(A)), and 
though moving to an area served 
by 
another 
local 
educational 
agency, the homeless child or 
youth is to remain in that edu-
cational program as the child’s or 
youth’s school of origin (as de-
fined in paragraph (3)(J)) under 
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subparagraphs (A) and (B) of 
paragraph (3), the local edu-
cational agency that made the 
placement shall continue pay-
ments for the placement. 
‘‘(bb) 
EXCEPTION.—Item 
(aa) shall apply unless the local 
educational agency that made the 
placement and the local edu-
cational agency in the area where 
the student is temporarily resid-
ing agree upon another method 
to apportion the cost, or the 
State educational agency involved 
has devised another method to 
apportion cost and responsibility 
among local educational agencies. 
‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 
‘‘(A) DUTIES.—Each local educational 
agency liaison for homeless children and youths, 
designated under paragraph (1)(J)(ii), shall en-
sure that— 
‘‘(i) all homeless children and youths 
are identified by school personnel and 
through outreach and coordination activi-
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