574 
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 a fam-
ily becomes homeless between aca-
demic years or during an academic 
year; or 
‘‘(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 
the child or youth is actually living are eli-
gible to attend. 
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‘‘(B) SCHOOL STABILITY.—In determining 
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 
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 unac-
companied youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s best inter-
est, including factors related to the impact 
of mobility on achievement, education, 
health, and safety of homeless children and 
youth, giving priority to the wishes of the 
homeless child’s or youth’s parent of 
guardian or the unaccompanied youth in-
volved; 
‘‘(iii) if, after conducting the best in-
terest determination based on consider-
ation of the presumption in clause (i) and 
the student-centered factors in clause (ii), 
the local educational agency determines 
that it is not in the child’s or youth’s best 
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interest to attend the school of origin or 
the school requested by the parent, guard-
ian, 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 deter-
mination, in a manner and form under-
standable to such parent, guardian, or un-
accompanied youth, including information 
regarding the right to appeal under sub-
paragraph (E); and 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the homeless liaison 
designated under paragraph (1)(J)(ii) as-
sists in placement 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 under subparagraph (E). 
‘‘(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— 
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‘‘(I) is unable to produce records 
normally required for enrollment, such 
as previous academic records, records 
of immunization and other required 
health records, proof of residency, or 
other documentation; or 
‘‘(II) 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 other required health records, 
the enrolling school shall immediately refer 
the parent or guardian of the child or 
youth, or the unaccompanied child or 
youth, to the local educational agency liai-
son designated under paragraph (1)(J)(ii), 
who shall assist in obtaining necessary im-
munizations or screenings, or immuniza-
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tion or other required health records, in 
accordance with subparagraph (D). 
‘‘(D) RECORDS.—Any record ordinarily 
kept by the school, including immunization or 
other required health records, academic records, 
birth certificates, guardianship records, and 
evaluations for special services or programs, re-
garding each homeless child or youth shall be 
maintained— 
‘‘(i) so that the records involved are 
available, in a timely fashion, when a child 
or youth enters a new school or school dis-
trict; and 
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g). 
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over school selection or enrollment 
in a school— 
‘‘(i) the child or youth shall be imme-
diately enrolled in the school in which en-
rollment is sought, pending final resolution 
of the dispute, including all available ap-
peals; 
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‘‘(ii) the parent, guardian, or unac-
companied youth shall be provided with a 
written explanation of any decisions made 
by the school, the local educational agency, 
or the State educational agency involved, 
including the rights of the parent, guard-
ian, or youth 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 
the dispute; and 
‘‘(iv) in the case of an unaccompanied 
youth, the liaison shall ensure that the 
youth is immediately enrolled in school in 
which the youth seeks enrollment pending 
resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of 
whether the child or youth lives with the home-
less parents or has been temporarily placed 
elsewhere. 
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‘‘(G) SCHOOL OF ORIGIN DEFINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
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 
origin’’ shall include the designated receiv-
ing school at the next grade level for all 
feeder schools. 
‘‘(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. 
‘‘(I) PRIVACY.—Information about a home-
less 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-
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tion under section 99.31 of title 34, Code of 
Federal Regulations. 
‘‘(J) 
ACADEMIC
ACHIEVEMENT.—The 
school selected in accordance with this para-
graph shall ensure that homeless children and 
youths have opportunities to meet the same 
State academic standards to which other stu-
dents are held. 
‘‘(4) COMPARABLE SERVICES.—Each homeless 
child or youth to be assisted under this subtitle shall 
be provided services comparable to services offered 
to other students in the school selected under para-
graph (3), including the following: 
‘‘(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 
English learners. 
‘‘(C) Programs in career and technical 
education. 
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‘‘(D) Programs for gifted and talented stu-
dents. 
‘‘(E) School nutrition programs. 
‘‘(5) COORDINATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency serving homeless children and youths 
that receives assistance under this subtitle shall 
coordinate— 
‘‘(i) the provision of services under 
this subtitle with local social services agen-
cies and other agencies or entities pro-
viding services to homeless children and 
youths and their families, including serv-
ices and programs funded under the Run-
away and Homeless Youth Act (42 U.S.C. 
5701 et seq.); and 
‘‘(ii) transportation, transfer of school 
records, and other interdistrict activities, 
with other local educational agencies. 
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State educational agency and local 
educational agency that receives assistance 
under this subtitle shall coordinate with State 
and local housing agencies responsible for devel-
oping the comprehensive housing affordability 
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strategy described in section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12705) to minimize educational dis-
ruption for children and youths who become 
homeless. 
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A) 
and (B) 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; and 
‘‘(iii) raise the awareness of school 
personnel and service providers of the ef-
fects of short-term stays in a shelter and 
other challenges associated with homeless-
ness. 
‘‘(D) HOMELESS CHILDREN AND YOUTHS 
WITH DISABILITIES.—For children and youths 
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 sec-
tion 504 of the Rehabilitation Act of 1973 (29 
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U.S.C. 794), each local educational agency shall 
coordinate the provision of services under this 
subtitle with the provision of programs for chil-
dren with disabilities served by that local edu-
cational agency and other involved local edu-
cational 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) homeless children and youths are 
identified by school personnel through out-
reach and coordination activities with other 
entities and agencies; 
‘‘(ii) homeless children and youths are 
enrolled in, and have a full and equal op-
portunity to succeed in, schools of that 
local educational agency; 
‘‘(iii) homeless families, children, and 
youths have access to and receive edu-
cational services for which such families, 
children, and youths are eligible, including 
services through Head Start, Early Head 
Start, early intervention, and preschool 
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programs administered by the local edu-
cational agency; 
‘‘(iv) homeless families, children, and 
youths receive referrals to health care serv-
ices, dental services, mental health and 
substances abuse services, housing services, 
and other appropriate services; 
‘‘(v) the parents or guardians of 
homeless children and youths are informed 
of the educational and related opportuni-
ties available to their children and are pro-
vided with meaningful opportunities to par-
ticipate in the education of their children; 
‘‘(vi) public notice of the educational 
rights of homeless children and youths is 
disseminated in locations frequented by 
parents or guardians of such children and 
youths, and unaccompanied youths, includ-
ing schools, shelters, public libraries, and 
soup kitchens in a manner and form un-
derstandable to the parents and guardians 
of homeless children and youths, and unac-
companied youths; 
‘‘(vii) enrollment disputes are medi-
ated in accordance with paragraph (3)(E); 
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‘‘(viii) 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 
paragraph (1)(J)(iii), and is assisted in ac-
cessing transportation to the school that is 
selected under paragraph (3)(A); 
‘‘(ix) school personnel providing serv-
ices under this subtitle receive professional 
development and other support; and 
‘‘(x) unaccompanied youths— 
‘‘(I) are enrolled in school; 
‘‘(II) have opportunities to meet 
the same State academic standards to 
which other students are held, includ-
ing through implementation of the 
policies and practices required by 
paragraph (1)(F)(ii); and 
‘‘(III) are informed of their sta-
tus as independent students under 
section 480 of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv) and 
receive verification of such status for 
purposes of the Free Application for 
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Federal Student Aid described in sec-
tion 483 of such Act (20 U.S.C. 
1090). 
‘‘(B) NOTICE.—State coordinators estab-
lished under subsection (d)(3) and local edu-
cational agencies shall inform school personnel, 
service providers, advocates working with home-
less families, parents and guardians of homeless 
children and youths, and homeless children and 
youths of the duties of the local educational 
agency liaisons, including publishing an annu-
ally updated list of the liaisons on the State 
educational agency’s website. 
‘‘(C) LOCAL AND STATE COORDINATION.— 
Local educational agency liaisons for homeless 
children and youths 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 
youths. Such coordination shall include col-
lecting and providing to the State Coordinator 
the reliable, valid, and comprehensive data 
needed to meet the requirements of paragraphs 
(1) and (3) of subsection (f). 
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‘‘(7) REVIEW AND REVISIONS.— 
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency 
that receives assistance under this subtitle shall 
review and revise any policies that may act as 
barriers to the enrollment of homeless children 
and youths in schools that are selected under 
paragraph (3). 
‘‘(B) CONSIDERATION.—In reviewing and 
revising such policies, consideration shall be 
given to issues concerning transportation, im-
munization, residency, birth certificates, school 
records and other documentation, and guard-
ianship. 
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment 
and attendance of homeless children and youths 
who are not currently attending school.’’; 
(8) in subsection (h)(1)(A), by striking ‘‘fiscal 
year 2009,’’ and inserting ‘‘fiscal years 2014 
through 2019,’’; and 
(9) in subsection (h)(4), by striking ‘‘fiscal year 
2009’’ and inserting ‘‘fiscal years 2014 through 
2019’’. 
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SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 723 of such Act (42 U.S.C. 11433) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘facili-
tating the enrollment,’’ and inserting ‘‘facili-
tating the identification, enrollment,’’; 
(B) in paragraph (2)(A)— 
(i) by adding ‘‘and’’ at the end of 
clause (i); 
(ii) by striking ‘‘; and’’ and inserting 
a period at the end of clause (ii); and 
(iii) by striking clause (iii); and 
(C) by adding at the end the following: 
‘‘(4) 
DURATION
OF
GRANTS.—Subgrants 
awarded under this section shall be for terms of not 
to exceed 3 years.’’; 
(2) in subsection (b)— 
(A) by striking paragraph (3) and redesig-
nating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively; and 
(B) by adding at the end the following: 
‘‘(5) An assurance that the local educational 
agency will collect and promptly provide data re-
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quested by the State Coordinator pursuant to para-
graphs (1) and (3) of section 722(f). 
‘‘(6) An assurance that the local educational 
agency has removed barriers to complying with the 
requirements of section 722(g)(1)(I).’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘726’’ 
and inserting ‘‘722(a)’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘identification,’’ before ‘‘enrollment’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) The extent to which the application 
reflects coordination with other local and State 
agencies that serve homeless children and 
youths.’’; and 
(iii) in subparagraph (C), by inserting 
‘‘(as of the date of submission of the appli-
cation)’’ after ‘‘current practice’’; 
(C) in paragraph (3)— 
(i) by amending subparagraph (C) to 
read as follows: 
‘‘(C) The extent to which the applicant will 
promote meaningful involvement of parents or 
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guardians of homeless children or youths in the 
education of their children.’’; 
(ii) in subparagraph (D), by striking 
‘‘within’’ and inserting ‘‘into’’; 
(iii) in subparagraph (G)— 
(I) by striking ‘‘Such’’ and in-
serting ‘‘The extent to which the ap-
plicant’s program meets such’’; and 
(II) by striking ‘‘case manage-
ment or related’’; 
(iv) by redesignating subparagraph 
(G) as subparagraph (I) and inserting 
after subparagraph (F) the following: 
‘‘(G) The extent to which the local edu-
cational agency will use the subgrant to lever-
age 
resources, 
including 
by 
maximizing 
nonsubgrant funding for the position of the liai-
son described in section 722(g)(1)(J)(ii) and 
the provision of transportation. 
‘‘(H) How the local educational agency 
uses funds to serve homeless children and 
youths under section 1113(c)(3) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6313(c)(3)).’’; and 
(v) by adding at the end the following: 
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(E) in paragraph (9) by striking ‘‘medical’’ 
and inserting ‘‘other required health’’; 
(F) in paragraph (10), by inserting before 
the period at the end ‘‘, and other activities de-
signed to increase the meaningful involvement 
of parents or guardians of homeless children or 
youths in the education of their children’’; 
(G) in paragraph (12), by striking ‘‘pupil’’ 
and inserting ‘‘specialized instructional sup-
port’’; and 
(H) in paragraph (13), by inserting before 
the period at the end ‘‘and parental mental 
health or substance abuse problems’’. 
SEC. 704. SECRETARIAL RESPONSIBILITIES. 
Section 724 of such Act (42 U.S.C. 11434) is amend-
ed— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of the 
enactment of the Student Success Act, update and 
disseminate nationwide the public notice described in 
this subsection (as in effect prior to such date) of 
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the educational rights of homeless children and 
youths. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally to all Federal agen-
cies, program grantees, and grant recipients serving 
homeless families, children, and youths.’’; 
(2) in subsection (d), by striking ‘‘and dissemi-
nation’’ and inserting ‘‘, dissemination, and technical 
assistance’’; 
(3) in subsection (e)— 
(A) by striking ‘‘applications for grants 
under this subtitle’’ and inserting ‘‘plans for 
the use of grant funds under section 722’’; 
(B) by striking ‘‘60-day’’ and inserting 
‘‘120-day’’; and 
(C) by striking ‘‘120-day’’ and inserting 
‘‘180-day’’; 
(4) in subsection (f), by adding at the end the 
following: ‘‘The Secretary shall provide support and 
technical assistance to State educational agencies in 
areas in which barriers to a free appropriate public 
education persist.’’; 
(5) by amending subsection (g) to read as fol-
lows: 
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‘‘(g) GUIDELINES.—The Secretary shall develop, 
issue, and publish in the Federal Register, not later than 
60 days after the date of the enactment of the Student 
Success Act, strategies by which a State— 
‘‘(1) may assist local educational agencies to 
implement the provisions amended by the Act; and 
‘‘(2) can review and revise State policies and 
procedures that may present barriers to the identi-
fication, enrollment, attendance, and success of 
homeless children and youths in school.’’; 
(6) in subsection (h)(1)(A), by inserting ‘‘in all 
areas served by local educational agencies’’ before 
the semicolon at the end; and 
(7) in subsection (i), by striking ‘‘McKinney- 
Vento Homeless Education Assistance Improvements 
Act of 2001’’ and inserting ‘‘Student Success Act’’. 
SEC. 705. DEFINITIONS. 
Section 725 of such Act (42 U.S.C. 11434a) is 
amended— 
(1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 
and inserting ‘‘1139’’; and 
(2) in paragraph (3), by striking ‘‘9101’’ and 
inserting ‘‘6101’’. 
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SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 
Section 726 of such Act (42 U.S.C. 11435) is amend-
ed to read as follows: 
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this subtitle, there 
are authorized to be appropriated $65,042,000 for each 
of fiscal years 2016 through 2021.’’. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) To avoid negative attention and litigation, 
some local educational agencies have entered into 
agreements with employees who are suspected of 
abusing or are known to have abused students. 
(2) Instead of reporting sexual misconduct with 
minors to the proper authorities such as the police 
or child welfare services, under such agreements the 
local educational agencies, schools, and employees 
keep the information private and facilitate the em-
ployee’s transfer to another local educational agency. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that— 
(1) confidentiality agreements between local 
educational agencies or schools and suspected child 
sex abusers should be prohibited; 
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597 
(2) the practice of employee transfers after sus-
pected or proven sexual misconduct should be 
stopped, and States should require local educational 
agencies and schools to provide law enforcement 
with all information regarding sexual conduct be-
tween an employee and a minor; and 
(3) Congress should help protect children and 
help stop this unacceptable practice in our schools. 
Æ 
VerDate Sep 11 2014 
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