H. R. 1—579
‘‘(D) The extent to which homeless children and youths
will be integrated within the regular education program.
‘‘(E) The quality of the applicant’s evaluation plan for
the program.
‘‘(F) The extent to which services provided under this
subtitle will be coordinated with other services available
to homeless children and youths and their families.
‘‘(G) Such other measures as the State educational
agency considers indicative of a high-quality program, such
as the extent to which the local educational agency will
provide case management or related services to unaccom-
panied youths.
‘‘(4) DURATION
OF
GRANTS.—Grants awarded under this
section shall be for terms not to exceed 3 years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may
use funds awarded under this section for activities that carry out
the purpose of this subtitle, including the following:
‘‘(1) The provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the achieve-
ment of the same challenging State academic content standards
and challenging State student academic achievement standards
the State establishes for other children and youths.
‘‘(2) The provision of expedited evaluations of the strengths
and needs of homeless children and youths, including needs
and eligibility for programs and services (such as educational
programs for gifted and talented students, children with disabil-
ities, and students with limited English proficiency, services
provided under title I of the Elementary and Secondary Edu-
cation Act of 1965 or similar State or local programs, programs
in vocational and technical education, and school nutrition pro-
grams).
‘‘(3) Professional development and other activities for edu-
cators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youths, the rights of
such children and youths under this subtitle, and the specific
educational needs of runaway and homeless youths.
‘‘(4) The provision of referral services to homeless children
and youths for medical, dental, mental, and other health serv-
ices.
‘‘(5) The provision of assistance to defray the excess cost
of transportation for students under 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 section 722(g)(3).
‘‘(6) The provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged homeless
children.
‘‘(7) The provision of services and assistance to attract,
engage, and retain homeless children and youths, and unaccom-
panied youths, in public school programs and services provided
to nonhomeless children and youths.
‘‘(8) The provision for homeless children and youths of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational activities.
H. R. 1—580
‘‘(9) If necessary, the payment of fees and other costs associ-
ated with tracking, obtaining, and transferring records nec-
essary to enroll homeless children and youths in school,
including birth certificates, immunization or medical records,
academic records, guardianship records, and evaluations for
special programs or services.
‘‘(10) The provision of education and training to the parents
of homeless children and youths about the rights of, and
resources available to, such children and youths.
‘‘(11) The development of coordination between schools and
agencies providing services to homeless children and youths,
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 youths that may arise from domestic violence.
‘‘(14) The adaptation of space and purchase of supplies
for any nonschool facilities made available under subsection
(a)(2) to provide services under this subsection.
‘‘(15) The provision of school supplies, including those sup-
plies to be distributed at shelters or temporary housing facili-
ties, or other appropriate locations.
‘‘(16) The provision of other extraordinary or emergency
assistance needed to enable homeless children and youths to
attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF STATE 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 plan
adequately address the problems of homeless children and youths
relating to access to education and placement as described in such
plan.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide sup-
port and technical assistance to a State educational agency to
assist such agency in carrying out its 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 enactment of the McKinney-Vento
Homeless Education Assistance Improvements Act of 2001, create
and disseminate nationwide a public notice of the educational rights
of homeless children and youths 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 programs
administered by the Department of Housing and Urban Develop-
ment.
‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall con-
duct evaluation and dissemination activities of programs designed
to meet the educational needs of homeless elementary and sec-
ondary 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
H. R. 1—581
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 information gathered
by the Secretary under subsection (h), shall determine the extent
to which State educational agencies are ensuring that each homeless
child and homeless youth has access to a free appropriate public
education, as described in section 721(1).
‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and pub-
lish in the Federal Register, not later than 60 days after the
date of enactment of the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001, school enrollment guidelines
for States with respect to homeless children and youths. The guide-
lines shall describe—
‘‘(1) successful ways in which a State may assist local
educational agencies to immediately enroll homeless children
and youths in school; and
‘‘(2) how a State can review the State’s requirements
regarding immunization and medical or school records and
make such revisions to the requirements as are appropriate
and necessary in order to enroll homeless children and youths
in school immediately.
‘‘(h) INFORMATION.—
‘‘(1) IN GENERAL.—From funds appropriated under section
726, the Secretary shall, directly or through grants, contracts,
or cooperative agreements, periodically collect and disseminate
data and information regarding—
‘‘(A) the number and location of homeless children and
youths;
‘‘(B) the education and related services such children
and youths receive;
‘‘(C) the extent to which the needs of homeless children
and youths are being met; and
‘‘(D) such other data and information as the Secretary
determines to be necessary and relevant to carry out this
subtitle.
‘‘(2) COORDINATION.—The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
‘‘(i) REPORT.—Not later than 4 years after the date of enactment
of the McKinney-Vento Homeless Education Assistance Improve-
ments Act of 2001, the Secretary shall prepare and submit to
the President and the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youths, which shall
include information on—
‘‘(1) the education of homeless children and youths; and
‘‘(2) the actions of the Secretary and the effectiveness of
the programs supported under this subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘For purposes of this subtitle:
‘‘(1) The terms ‘enroll’ and ‘enrollment’ include attending
classes and participating fully in school activities.
‘‘(2) The term ‘homeless children and youths’—
H. R. 1—582
‘‘(A) means individuals who lack a fixed, regular, and
adequate nighttime residence (within the meaning of sec-
tion 103(a)(1)); and
‘‘(B) includes—
‘‘(i) children and youths who are sharing the
housing of other persons due to loss of housing, eco-
nomic hardship, or a similar reason; are living in
motels, hotels, trailer parks, or camping grounds due
to the lack of alternative adequate accommodations;
are living in emergency or transitional shelters; are
abandoned in hospitals; or are awaiting foster care
placement;
‘‘(ii) children and youths who have a primary night-
time residence that is a public or private place not
designed for or ordinarily used as a regular sleeping
accommodation for human beings (within the meaning
of section 103(a)(2)(C));
‘‘(iii) children and youths who are living in cars,
parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings; and
‘‘(iv) migratory children (as such term is defined
in section 1309 of the Elementary and Secondary Edu-
cation Act of 1965) who qualify as homeless for the
purposes of this subtitle because the children are living
in circumstances described in clauses (i) through (iii).
‘‘(3) The terms ‘local educational agency’ and ‘State edu-
cational agency’ have the meanings given such terms in section
9101 of the Elementary and Secondary Education Act of 1965.
‘‘(4) The term ‘Secretary’ means the Secretary of Education.
‘‘(5) The term ‘State’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
‘‘(6) The term ‘unaccompanied youth’ includes a youth not
in the physical custody of a parent or guardian.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there are author-
ized to be appropriated $70,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003 through
2007.’’.
SEC. 1033. CONFORMING AMENDMENT.
The table of contents of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11301 note) is amended so that the items
relating to subtitle B of title VII read as follows:
‘‘Subtitle B—Education for Homeless Children and Youths
‘‘Sec. 721. Statement of policy.
‘‘Sec. 722. Grants for State and local activities for the education of homeless chil-
dren and youths.
‘‘Sec. 723. Local educational agency subgrants for the education of homeless chil-
dren and youths.
‘‘Sec. 724. Secretarial responsibilities.
‘‘Sec. 725. Definitions.
‘‘Sec. 726. Authorization of appropriations.’’.
SEC. 1034. 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’’.