970
ment standards approved or certified by the Federal Gov-
ernment, in order to receive assistance under this Act.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to affect requirements under title I of this
Act.
‘‘SEC. 8519. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM.
‘‘Notwithstanding any other prohibition of Federal
law, no funds provided to the Department of Education
or to any applicable program may be used by the Depart-
ment to endorse, approve, or sanction any curriculum de-
signed to be used in an elementary or secondary school.
‘‘SEC. 8520. RULE OF CONSTRUCTION ON PERSONALLY
IDENTIFIABLE INFORMATION.
‘‘Nothing in this Act shall be construed to permit the
development of a national database of personally identifi-
able information on individuals involved in studies or in
data collection efforts under this Act.
‘‘SEC. 8521. ARMED SERVICES RECRUITING.
‘‘Any secondary school that receives Federal funds
under this Act shall permit regular United States Armed
Services recruitment activities on school grounds, in a
manner reasonably accessible to all students of such
school.
971
‘‘SEC. 8522. SEVERABILITY.
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby.
‘‘SEC. 8523. ENCOURAGE EDUCATION SAVINGS.
‘‘To the extent practicable, the Secretary shall pro-
mote education savings accounts in States that have quali-
fied State tuition programs (as defined in section 529 of
the Internal Revenue Code of 1986).
‘‘SEC. 8524. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE; USE OF AMERICAN-MADE STEEL.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
‘‘(c) USE
OF AMERICAN-MADE STEEL.—A school
system receiving financial assistance under this Act for
construction shall use American-made steel for such con-
972
struction and shall comply with the requirements of the
Buy American Act.
‘‘PART F—SENSE OF CONGRESS
‘‘SEC. 8601. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to estab-
lishing an effective, classroom-centered education
system is the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers
and administrators who must complete Federal and
State forms to apply for Federal funds and absorbs
time and money which otherwise would be spent on
students;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
Oversight and Investigations states that require-
ments by the Department of Education result in
more than 48,600,000 hours of paperwork per year;
and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers, and administrators
973
with nonacademic responsibilities, and competes with
teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal and State educational agencies should
reduce the paperwork requirements placed on schools,
teachers, principles, and other administrators.
‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION 
OF 
TEACHERS 
AND 
PARA-
PROFESSIONALS.
‘‘(a) PROHIBITION
ON MANDATORY TESTING
OR
CERTIFICATION.—Notwithstanding any other provision of
law, the Secretary is prohibited from using Federal funds
to plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local
educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED
TESTING.
‘‘Notwithstanding any other provision of Federal law,
no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot
974
test, field test, implement, administer, or distribute any
federally sponsored national test in reading, mathematics,
or any other subject, unless specifically and explicitly au-
thorized by law.
‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
‘‘It is the sense of Congress that—
‘‘(1) the saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the cam-
pus of a public elementary or secondary school in
order to honor the memory of any person slain on
that campus is not objectionable under this Act; and
‘‘(2) the design and construction of any memo-
rial which includes religious symbols, motifs, or
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the
memory of any person slain on that campus is not
objectionable under this Act.
‘‘SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY
AND SECONDARY EDUCATION FUNDS.
‘‘It is the sense of the Congress that the Secretary,
State educational agencies, and local educational agencies
should work together to ensure that not less than 95 per-
cent of all funds appropriated to carry out elementary and
secondary education programs under this Act is spent di-
975
rectly to improve the academic achievement of the Na-
tion’s children in their classrooms.
‘‘PART G—EVALUATIONS
‘‘SEC. 8651. EVALUATIONS.
‘‘(a) RESERVATION OF FUNDS.—Except as provided
in subsections (b) and (c), the Secretary may reserve not
more than 0.5 percent of the amount appropriated to
carry out each categorical program and demonstration
project authorized under this Act—
‘‘(1) to conduct—
‘‘(A) comprehensive evaluations of the pro-
gram or project; and
‘‘(B) studies of the effectiveness of the pro-
grams or project and its administrative impact
on schools and local educational agencies;
‘‘(2) to evaluate the aggregate short- and long-
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary and secondary
programs under any other Federal law; and
‘‘(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and utilization of in-
976
formation relating to performance under the pro-
gram or project.
‘‘(b) TITLE I EXCLUDED.—The Secretary may not
reserve under subsection (a) funds appropriated to carry
out any program authorized under title I.
‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other
than title I), funds are authorized to be reserved or used
for evaluation activities with respect to a program or
project, the Secretary may not reserve additional funds
under this section for the evaluation of such program or
project.’’.
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN-
TERS.
(a) IN GENERAL.—Part A of title XIII (20 U.S.C.
8621 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 801; and
(2) is redesignated as part H.
(b) REDESIGNATION OF SECTIONS.—Sections 13101
through 13105 are redesignated as sections 8701 through
8705, respectively.
(c) CONFORMING AMENDMENTS.—
(1) REQUIREMENTS.—Section 8702(a) (as re-
designated by subsection (b)) is amended—
977
(A) by striking ‘‘section 13101(a)’’ and in-
serting ‘‘section 8701(a)’’; and
(B) in paragraph (7), by striking ‘‘section
13201’’ and inserting ‘‘section 8751’’.
(2) 
MAINTENANCE
OF
SERVICE.—Section
8703(b) (as redesignated by subsection (b)) is
amended—
(A) in paragraph (1), by striking ‘‘section
13102’’ and inserting ‘‘section 8702’’; and
(B) in paragraph (2)—
(i) by striking ‘‘section 13201’’ and
inserting ‘‘section 8751’’; and
(ii) by striking ‘‘section 13401’’ and
inserting ‘‘section 8851’’.
(3) TRANSITION.—Section 8704(b)(1) (as re-
designated by subsection (b)) is amended by striking
‘‘section 13105’’ and inserting ‘‘section 8705’’.
SEC. 803. NATIONAL DIFFUSION NETWORK.
(a) IN GENERAL.—Part B of title XIII (20 U.S.C.
8651 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 802; and
(2) is redesignated as part I.
978
(b) REDESIGNATION OF SECTIONS.—Sections 13201
and 13202 are redesignated as sections 8751 and 8752,
respectively.
(c) CONFORMING AMENDMENT.—Section 8751 (as
redesignated by subsection (b)) is amended—
(1) in subsection (e)(3), by striking ‘‘under part
C’’ through the end thereof and inserting ‘‘under
part F; and’’; and
(2) in subsection (f)(4), by striking ‘‘section
13401’’ and inserting ‘‘section 8851’’.
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND
SCIENCE EDUCATION CONSORTIA.
(a) IN GENERAL.—Part C of title XIII (20 U.S.C.
8671 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 803; and
(2) is redesignated as part J.
(b) REDESIGNATION OF SECTIONS.—Sections 13301
through 13308 are redesignated as sections 8801 through
8808, respectively.
(c) CONFORMING AMENDMENTS.—
(1) 
GRANT
AUTHORIZATION.—Section
8801(a)(3) (as redesignated by subsection (b)) is
amended by striking ‘‘section 13308’’ and inserting
‘‘section 8808’’.
979
(2) USE OF FUNDS.—Section 8802 (as redesig-
nated by subsection (b)) is amended—
(A) by striking ‘‘section 13304’’ and in-
serting ‘‘section 8804’’;
(B) 
in 
paragraph 
(2), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and
(C) 
in 
paragraph 
(3), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’.
(3) PAYMENTS.—Section 8805 (as redesignated
by subsection (b)) is amended in each of subsections
(a) and (c) by striking ‘‘section 13303’’ and insert-
ing ‘‘section 8803’’.
(4) EVALUATION.—Section 8806(a) (as redesig-
nated by subsection (b)) is amended by striking
‘‘section 14701’’ and inserting ‘‘section 8651’’.
(5) DEFINITIONS.—Section 8807(4) (as redes-
ignated by subsection (b)) is amended by striking
‘‘section 13301’’ and inserting ‘‘section 8801’’.
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Part D of title XIII (20 U.S.C.
8701)—
(1) is transferred to the end of title VIII, as
amended by section 804; and
(2) is redesignated as part K.
980
(b) REDESIGNATION OF SECTION.—Section 13401 is
redesignated as section 8851.
SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFES-
SIONAL DEVELOPMENT.
(a) IN GENERAL.—Subpart 3 of part A of title III
(20 U.S.C. 6861 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 805; and
(2) is redesignated as part L.
(b) REDESIGNATION OF SECTION.—Section 3141 is
redesignated as section 8901.
(c) CONFORMING AMENDMENT.—Section 8901 (as
redesignated by subsection (b)) is amended by striking
‘‘part C of title XIII’’ and inserting ‘‘part J’’.
TITLE IX—MISCELLANEOUS
PROVISIONS
PART A—AMENDMENTS TO OTHER ACTS
Subpart 1—National Education Statistics Act
SEC. 901. AMENDMENT TO NESA.
Section 411 of the National Education Statistics Act
of 1994 (20 U.S.C. 9010) is amended—
(1) by amending subsection (b)(2) to read as
follows:
‘‘(2) STATE ASSESSMENTS.—(A) The Commis-
sioner, in carrying out the National Assessment—
981
‘‘(i) may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12; and
‘‘(ii) shall conduct annual State assess-
ments of student achievement in reading and
mathematics in grades 4 and 8 in order for
States to carry out section 1111(c)(2) of the
Elementary and Secondary Education Act of
1965.
‘‘(B)(i) Except as provided in clause (ii), a par-
ticipating State shall review and give permission for
the release of results from any test of its students
administered as a part of a State assessment prior
to the release of the data. Refusal by a State to re-
lease its data shall not restrict the release of data
from other States that have approved the release of
that data.
‘‘(ii) A State participating in the annual State
assessments of its students in reading and mathe-
matics in grades 4 and 8 shall be deemed to have
given its permission to release its data if it has an
approved plan under section 1111 of the Elementary
and Secondary Education Act of 1965.’’; and
(2) by amending subsection (d) to read as fol-
lows:
‘‘(d) PARTICIPATION.—
982
‘‘(1) NATIONAL
AND
REGIONAL
PARTICIPA-
TION.—Participation in the national and regional as-
sessments by State and local educational agencies
shall be voluntary.
‘‘(2) STATE PARTICIPATION.—Participation in
assessments made on a State basis shall be vol-
untary.’’.
Subpart 2—Homeless Education
SEC. 911. SHORT TITLE.
This subpart may be cited as the ‘‘McKinney-Vento
Homeless Education Assistance Improvements Act of
2001’’.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness in 2001.
(2) Homelessness has a devastating impact on
the educational opportunities of children and youth.
Homeless children go hungry at more than twice the
rate of other children, have four times the rate of
delayed development, and are twice as likely to re-
peat a grade.
(3) Despite steady progress in school enroll-
ment and attendance resulting from the passage in
1987 of the Stewart B. McKinney Homeless Assist-
983
ance Act (42 U.S.C. 11301 et seq.), homeless stu-
dents still face numerous barriers to education, in-
cluding residency, guardianship and registration re-
quirements, delays in the transfer of school records,
and inadequate transportation service.
(4) School is one of the few secure factors in
the lives of homeless children and youth, providing
stability, structure, and accomplishment during a
time of great upheaval.
(5) Homeless children and youth require edu-
cational stability and the opportunity to maintain
regular and consistent attendance in school, so that
they acquire the skills necessary to escape poverty
and lead productive, healthy lives as adults.
(6) In the 14 years since the passage of the
Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.), educators and service pro-
viders have learned much about policies and prac-
tices which help remove the barriers described.
SEC. 913. PURPOSE.
The purpose of this subpart is to strengthen subtitle
B of title VII of Public Law 100–77 (42 U.S.C. 11431
et seq.) by amending it—
984
(1) to include innovative practices, proven to be
effective in helping homeless children and youth en-
roll, attend, and succeed in school; and
(2) to help ensure that all children and youth
impacted by the loss of fixed, regular, and adequate
housing receive a quality education and secure their
chance for a brighter future.
SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of Public Law 100–77 (42
U.S.C. 11431 et seq.) is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of the Congress that—
‘‘(1) each State educational agency ensure that
each child of a homeless individual and each home-
less youth has equal access to the same free, public
education, including a public preschool education, as
provided to other children and youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of the State’s
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
985
school of homeless children and youth, the State re-
view and undertake steps to revise such laws, regula-
tions, practices, or policies to ensure that homeless
children and youth are afforded the same free, pub-
lic education as provided to other children and
youth;
‘‘(3) homelessness alone is not sufficient reason
to separate students from the mainstream school en-
vironment; and
‘‘(4) homeless children and youth must have ac-
cess to the education and other services that such
children and youth need to ensure that such children
and youth have an opportunity to meet the same
challenging State student academic achievement
standards to which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants to States in accordance with the
provisions of this section to enable such States to carry
out the activities described in subsections (d), (e), (f), and
(g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency
987
‘‘(B)(i) The Secretary shall transfer 1 percent
of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior
for programs for Indian students served by schools
funded by the Secretary of the Interior, as deter-
mined under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.),
that are consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
the requirements of this part, for the distribution
and use of the funds described in clause (i) under
terms that the Secretary determines best meet the
purposes of the programs described in such clause.
Such agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives,
and milestones.
‘‘(3) STATE DEFINED.—As used in this sub-
section, the term ‘State’ shall not include the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
988
‘‘(1) to carry out the policies set forth in sec-
tion 721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coor-
dinator of Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f);
‘‘(4) to prepare and carry out the State plan
described in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—
From the sums made available each year to carry
out this subtitle, the State educational agency shall
distribute not less than 75 percent in grants to local
educational agencies for the purposes of carrying out
section 723, except that States funded at the min-
989
imum level set forth in subsection (c)(1) shall dis-
tribute not less than 50 percent in grants to local
educational agencies for the purposes of carrying out
section 723.
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—
A State educational agency may use funds made
available for State use under this subtitle to conduct
activities under subsection (f) directly or through
grants.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii),
in providing a free public education to a home-
less child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school or in a sepa-
rate program within a school, based solely on
such child’s or youth’s status as homeless.
‘‘(B) EXCEPTION.—A State that operates
a separate school for homeless children as of
the day preceding the date of enactment of the
McKinney-Vento Homeless Education Assist-
ance Improvements Act of 2001—
990
‘‘(i) shall remain eligible to receive,
and to distribute to local educational agen-
cies, funds under this subtitle for such
school; and
‘‘(ii) shall not distribute to local edu-
cational agencies in the State any funds
received under this subtitle for use by any
such schools not in operation as of such
date of enactment.
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
‘‘(1) gather, to the extent possible, reliable,
valid, and comprehensive information on the nature
and extent of the problems homeless children and
youth have in gaining access to public preschool pro-
grams and to public elementary and secondary
schools, the difficulties in identifying the special
needs of such children and youth, any progress made
by the State educational agency and local edu-
cational agencies in the State in addressing such
problems and difficulties, and the success of the pro-
gram under this subtitle in assisting homeless chil-
dren and youth to enroll in, attend, and succeed in,
school;
991
‘‘(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,
and other agencies providing services to homeless
children and youth, including homeless children, in-
cluding 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 home-
less children and youth and their families, coordinate
and collaborate with—
‘‘(A) educators, including child develop-
ment and preschool program personnel;
‘‘(B) State and local providers of services
to homeless and runaway children and youth
and homeless families (including domestic vio-
lence agencies, shelter operators, transitional
housing facilities, runaway and homeless youth
centers, and transitional living programs for
homeless youth);
992
‘‘(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
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
educational agency will use to identify such chil-
dren and youth in the State and to assess their
special needs;
993
‘‘(C) describe procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youth;
‘‘(D) describe programs for school per-
sonnel (including principals, attendance officers,
teachers, enrollment personnel, and pupil serv-
ices personnel) to heighten the awareness of
such personnel 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 pro-
grams, administered by the State agency,
as provided 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
994
‘‘(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 pro-
grams;
‘‘(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, including 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 edu-
cational agency and local educational agencies
in the State have developed, and shall review
and revise, policies to remove barriers to the en-
995
rollment 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
agencies will adopt policies and practices to
ensure 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
may also be a coordinator for other Fed-
eral 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:
996
‘‘(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 lo-
cated, the child’s or youth’s transpor-
tation to and from the school of origin
shall be provided or arranged by the
local educational 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
agency of origin terminate and the
child or youth, though continuing his
or her education in the school of ori-
gin, begins living in the area served
by another local educational agency,
the local educational agency of origin
and the local educational agency in
which the homeless child or youth is
living shall agree upon a method to
apportion the responsibility and costs
for providing the child with transpor-
tation to and from the school or ori-
gin. If the local educational agencies
997
are unable to agree upon such meth-
od, the responsibility and costs for
transportation shall be shared equally.
‘‘(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
furnish to local educational agencies and how
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 as-
sisted under this subtitle shall, according to the
child’s or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s
education in the school of origin for the
duration of homelessness—
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
998
demic years or during the academic
year; or
‘‘(II) for the remainder of the
academic year, if the child becomes
permanently housed during the aca-
demic 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.
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under sub-
paragraph (A), the local educational agency
shall—
‘‘(i) to the extent feasible, keep a
homeless child or youth in the school of or-
igin, except when doing so is contrary to
the wishes of the child’s or youth’s parent
or guardian;
‘‘(ii) provide a written explanation, in-
cluding a statement regarding the right to
appeal under subparagraph (E), to the
homeless child’s or youth’s parent or
guardian if the local educational agency
999
sends such child or youth to a school other
than the school of origin or a school re-
quested by the parent or guardian; and
‘‘(iii) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(2) as-
sists in placement or enrollment decisions
under this subparagraph and provides no-
tice to such youth of the right to appeal
under subparagraph (E).
‘‘(C) ENROLLMENT.—(i) The school se-
lected in accordance with this paragraph shall
immediately 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 aca-
demic records, medical records, proof of resi-
dency, 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
1000
refer the parent or guardian of the child or
youth to the liaison who shall assist in obtain-
ing necessary immunizations or immunization
or medical records in accordance with subpara-
graph (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—
‘‘(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 dis-
pute 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;
1001
‘‘(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school’s decision
regarding school selection or enrollment,
including the rights of the parent, guard-
ian, 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 expeditiously as possible after receiving
notice 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
elsewhere.
‘‘(G) SCHOOL
OF
ORIGIN
DEFINED.—In
this paragraph, the term ‘school of origin’
means the school that the child or youth at-
1002
tended when permanently housed or the school
in which the child or youth was last enrolled.
‘‘(H) CONTACT
INFORMATION.—Nothing
in this subtitle shall prohibit a local educational
agency from requiring a parent or guardian of
a homeless child to submit contact information
required by the local educational agency of a
parent or guardian of a nonhomeless child.
‘‘(4) COMPARABLE SERVICES.—Each homeless
child or youth to be assisted under this subtitle shall
be provided services comparable to services offered
to other students in the school selected under para-
graph (3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the
child or youth meets the eligibility criteria, such
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 or
similar State or local programs, educational
programs for children with disabilities, and edu-
cational programs for students with limited-
English proficiency;
‘‘(C) programs in vocational and technical
education;
1003
‘‘(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
coordinate—
‘‘(i) the provision of services under
this subtitle with local social services agen-
cies and other agencies or programs pro-
viding services to homeless children and
youth and their families, including services
and programs funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701
et seq.); and
‘‘(ii) with other local educational
agencies on interdistrict issues, such as
transportation 
or 
transfer 
of 
school
records.
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State and local educational agency
that receives assistance under this subtitle shall
coordinate with State and local housing agen-
cies responsible for developing the comprehen-
1004
sive housing affordability strategy described in
section 105 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12705) to
minimize educational disruption for children
and youth who become homeless.
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A)
and (B) shall be designed to—
‘‘(i) ensure that homeless children and
youth have access and reasonable prox-
imity to available education and related
support services; and
‘‘(ii) raise the awareness of school
personnel and service providers of the ef-
fects of short-term stays in a shelter and
other challenges associated with homeless-
ness.
‘‘(6) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for
homeless children and youth, designated under
paragraph (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;
1005
‘‘(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 eligible, including Head Start and
Even Start programs and preschool pro-
grams administered by the local edu-
cational agency, and referrals to health
care services, dental services, mental health
services, and other appropriate services;
‘‘(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
disseminated where such children and
youth receive services under this Act, such
as schools, family shelters, and soup kitch-
ens;
1006
‘‘(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
paragraph (1)(J)(ii), and is assisted in ac-
cessing transportation to the school se-
lected 
in 
accordance 
with 
paragraph
(3)(A).
‘‘(B) NOTICE.—State coordinators whose
duties are described under subsection (d) and
local educational agencies shall inform school
personnel, service providers, and advocates
working with homeless families of the duties of
the liaisons.
‘‘(C) LOCAL AND STATE COORDINATION.—
Local educational agency liaisons for homeless
children and youth shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel
responsible for the provision of education and
related services to homeless children and youth.
1007
‘‘(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 chil-
dren and youth in schools selected in accord-
ance with 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 youth
who are not currently attending school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN
GENERAL.—The State educational
agency shall, in accordance with section 722(e) and
from amounts made available to such agency under
1008
section 726, make grants to local educational agen-
cies for the purpose of facilitating the enrollment,
attendance, and success in school of homeless chil-
dren and youth.
‘‘(2) SERVICES.—
‘‘(A) IN GENERAL.—Services under para-
graph (1)—
‘‘(i) may be provided through pro-
grams on school grounds or at other facili-
ties;
‘‘(ii) shall, to the maximum extent
practicable, be provided through existing
programs and mechanisms that integrate
homeless children and youth with non-
homeless children and youth; and
‘‘(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-
1009
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
services in settings within a school that
segregates homeless children and youth
from other children and youth, except as is
necessary for short periods of time—
‘‘(I) for health and safety emer-
gencies; or
‘‘(II) to provide temporary, spe-
cial, and supplementary services to
meet the unique needs of homeless
children and youth.
‘‘(3) REQUIREMENT.—Services provided under
this section shall not replace the regular academic
program and shall be designed to expand upon or
improve services provided as part of the school’s reg-
ular academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
1010
such information as the State educational agency may rea-
sonably require. Each such application shall include—
‘‘(1) an assessment of the educational and re-
lated needs of homeless children and youth, as de-
fined in section 725(1) and (2), in the area served
by such agency (which may be undertaken as part
of needs assessments 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
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fis-
cal year for which the determination is made, was
not less than 90 percent of such combined fiscal ef-
fort or aggregate expenditures for the second fiscal
year preceding the fiscal year for which the deter-
mination is made;
‘‘(4) an assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g); and
1011
‘‘(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
agency shall, in accordance with the requirements of
this subtitle and from amounts made available to it
under section 726, make competitive subgrants to
local educational agencies that submit applications
under subsection (b). Such subgrants shall be
awarded on the basis of the need of such agencies
for assistance under this subtitle and the quality of
the applications submitted.
‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may con-
sider the number of homeless children and youth en-
rolled in preschool, elementary, and secondary
schools within the area served by the agency, and
shall consider the needs of such children and youth
and the ability of the agency to meet such needs.
Such agency may also consider—
‘‘(A) the extent to which the proposed use
of funds would facilitate the enrollment, reten-
1012
tion, and educational success of homeless chil-
dren and youth;
‘‘(B) the extent to which the application—
‘‘(i) reflects coordination with other
local and State agencies that serve home-
less children and youth; and
‘‘(ii) meets the requirements of sec-
tion 722(g)(3);
‘‘(C) the extent to which the applicant ex-
hibits in the application and in current practice
a commitment to education for all homeless
children and youth; and
‘‘(D) such other criteria as the State agen-
cy determines appropriate.
‘‘(3) QUALITY.—In determining the quality of
applications under paragraph (1), the State edu-
cational agency shall consider—
‘‘(A) the applicant’s needs assessment
under subsection (b)(1) and the likelihood that
the program presented in the application will
meet such needs;
‘‘(B) the types, intensity, and coordination
of the services to be provided under the pro-
gram;
1013
‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(E) the quality of the applicant’s evalua-
tion plan for the program;
‘‘(F) the extent to which services provided
under this subtitle will be coordinated with
other available services; and
‘‘(G) such other measures as the State
educational agency considers indicative of a
high-quality program.
‘‘(4) DURATION OF GRANTS.—Grants awarded
under this section shall be for terms not to exceed
3 years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for ac-
tivities to carry out the purpose of this subtitle,
including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State academic content standards and challenging
1014
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 services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational and tech-
nical education, 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 sen-
sitivity of such personnel to the needs of homeless
children and youth, the rights of such children and
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(4) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(5) the provision of assistance to defray the
excess cost of transportation for students pursuant
to section 722(g)(4)(A), not otherwise provided
1015
through Federal, State, or local funding, where nec-
essary to enable students to attend the school se-
lected under section 722(g)(3);
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not oth-
erwise provided through Federal, State, or local
funding, for preschool-aged children;
‘‘(7) the provision of 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
summer programs in which a teacher or other quali-
fied individual provides tutoring, homework assist-
ance, and supervision of educational activities;
‘‘(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
programs or services;
1016
‘‘(10) the provision of education and training to
the parents of homeless children and youth about
the rights of, and resources available to, such chil-
dren and youth;
‘‘(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
domestic 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;
‘‘(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.
1017
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State
plan submitted by a State educational agency under sec-
tion 722(g), the Secretary shall use a peer review process
and shall evaluate whether State laws, policies, and prac-
tices described in such plans adequately address the prob-
lems of homeless children and youth relating to access to
education and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle, 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
Improvements Act of 2001, create and disseminate nation-
wide a public notice of the educational rights of homeless
children 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 as-
sistance programs administered by the Department of
Housing and Urban Development.
‘‘(d) EVALUATION AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
1018
ties of programs designed to meet the educational needs
of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to con-
duct such activities.
‘‘(e) SUBMISSION
AND DISTRIBUTION.—The Sec-
retary shall require applications for grants under this sub-
title to be submitted to the Secretary not later than the
expiration of the 60-day period beginning on the date that
funds are available for purposes of making such grants
and shall make such grants not later than the expiration
of the 120-day period beginning on such date.
‘‘(f) DETERMINATION
BY SECRETARY.—The Sec-
retary, based on the information received from the States
and information gathered by the Secretary under sub-
section (e), shall determine the extent to which State edu-
cational agencies are ensuring that each homeless child
and homeless youth has access to a free appropriate public
education as described in section 721(1).
‘‘(g) INFORMATION.—
‘‘(1) IN GENERAL.—From funds appropriated
under section 726, the Secretary shall, either di-
rectly or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data
and information regarding—
1019
‘‘(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 administer 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 Sec-
retary 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, Edu-
cation, 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
1020
‘‘(2) the actions of the Department and the ef-
fectiveness 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
(within 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
abandoned in hospitals, or are awaiting
foster 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
1021
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, aban-
doned 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
such terms in section 8101 of the Elementary and
Secondary Education Act of 1965.
‘‘(5) The term ‘Secretary’ means the Secretary
of Education.
1022
‘‘(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
subsection (a) shall be deemed to be effective on the date
of the enactment of Public Law 106–400.
Subpart 3—General Education Provisions
SEC. 916. INFORMATION ACCESS AND CONSENT.
(a) IN GENERAL.—Section 445 of the General Edu-
cation Provisions Act (20 U.S.C. 1232h) is amended by—
(1) redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a) ACCESS TO INFORMATION.—No funds shall be
made available under any applicable program to any edu-
1023
cational agency or institution that has a policy of denying,
or that effectively prevents, the parent of an elementary
school or secondary school student served by such agency
or at such institution, as the case may be—
‘‘(1) the right to inspect and review any in-
structional material used with respect to the edu-
cational curriculum of the student. Each educational
agency or institution shall establish appropriate pro-
cedures for the granting of a request by parents for
access to the instructional material. The granting of
each such request shall be made in a reasonable pe-
riod of time, but shall not exceed 45 days, after the
date of the request;
‘‘(2) the right to inspect and review a survey,
analysis, or evaluation that is subject to subsection
(c)(7) before the survey, analysis, or evaluation is
given to a student.
‘‘(b) RESTRICTION ON SEEKING INFORMATION FROM
MINORS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of Federal law, no funds shall be made
available under any program administered by the
Secretary to any educational agency or institution
that administers or provides a survey, analysis, or
evaluation to a student without the prior, informed,
1024
written consent of the parent or guardian of a stu-
dent concerning—
‘‘(A) political affiliations or beliefs of the
student or the student’s parent;
‘‘(B) mental or psychological problems po-
tentially embarrassing to the student or the stu-
dent’s family;
‘‘(C) sex behavior or attitudes;
‘‘(D) illegal, antisocial, or self-incrimi-
nating behavior;
‘‘(E) appraisals of other individuals with
whom the minor has a familial relationship;
‘‘(F) relationships that are legally recog-
nized as privileged, including those with law-
yers, physicians, and members of the clergy;
and
‘‘(G) religious practices affiliations or be-
liefs.
‘‘(2) EXPLANATION.—In seeking the consent of the
parent an educational agency or institution must provide
an accurate explanation, in writing, of the types of items
listed in subparagraphs (A) through (G) of paragraph (1)
that are contained in the survey and the purpose, if
known, for including those items.
1025
‘‘(c) RESTRICTION
ON
MEDICAL
TESTING
AND
TREATMENT OF MINORS.—
‘‘(1) CONSENT REQUIRED.—Except as provided
in paragraph (2), no funds shall be made available
under any applicable program to an educational
agency or institution that requires or otherwise
causes the student without the prior, written, in-
formed consent of the parent or a guardian of a
minor to undergo medical or mental health examina-
tion, testing, treatment, or immunization (except in
the case of a medical emergency).
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to medical or mental health examinations,
testing, treatment, or immunizations of students ex-
pressly permitted by State law without written pa-
rental consent.
‘‘(3) DEFINITIONS.—For the purpose of this
section, the term ‘educational agency or institution’
means any elementary, middle, or secondary school,
any school district or local board of education, and
any State educational agency that is the recipient of
funds under any program administered by the Sec-
retary, except that it does not apply to postsec-
ondary institutions.
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‘‘(4) INSTRUCTIONAL MATERIAL.—In this sub-
section the term ‘instructional material’ means a
textbook, audio/visual material, informational mate-
rial accessible through Internet sites, material in
digital or electronic formats, instructional manual,
or journal, or any other material supplementary to
the education of a student.
‘‘(5) RULES OF CONSTRUCTION.—(A) Nothing
in this section shall be construed to supersede the
Family Educational Rights and Privacy Act (20
U.S.C. 1232g).
‘‘(B) The term ‘instructional material’ does not
include academic tests or assessments.
‘‘(6) APPLICATION.—
‘‘(A) CERTAIN
SURVEYS, ANALYSIS, AND
EVALUATIONS.—Subsection (b) shall not apply
to surveys, analysis, or evaluations administered
to a student as part of the Individuals with Dis-
abilities Act (20 U.S.C. 1400 et seq.).
‘‘(B) PARENTAL
CONSENT.—Nothing in
subsection (c) shall be construed to supersede
or otherwise affect the parental consent require-
ments under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
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‘‘(C) STUDENT RIGHTS.—The rights pro-
vided parents under this Act transfer to the
student once the student turns 18 years old or
is an emancipated minor at any age.
‘‘(7) STATE
LAW
EXCEPTION.—Educational
agencies and institutions residing in a State that has
a law that provides parents rights comparable to the
rights contained herein may seek exemption from
this Act by obtaining a waiver from the office des-
ignated by the Secretary to administer this Act. This
office may grant a waiver to educational agencies
and institutions upon review of State law.’’.
PART B—EQUAL ACCESS TO PUBLIC SCHOOL
FACILITIES
SEC. 921. SHORT TITLE.
This part may be cited as the ‘‘Boy Scouts of Amer-
ica Equal Access Act’’.
SEC. 922. EQUAL ACCESS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no funds made available through the Depart-
ment of Education shall be provided to any public elemen-
tary school, public secondary school, local educational
agency, or State educational agency, if the school or a
school served by the agency—
(1) has a designated open forum; and
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(2) denies equal access or a fair opportunity to
meet to, or discriminates against, any group affili-
ated with the Boy Scouts of America or any other
youth group that wishes to conduct a meeting within
that designated open forum, on the basis of the
membership or leadership criteria of the Boy Scouts
of America or of the youth group that prohibit the
acceptance of homosexuals, or individuals who reject
the Boy Scouts’ or the youth group’s oath of alle-
giance to God and country, as members or leaders.
(b) TERMINATION OF ASSISTANCE AND OTHER AC-
TION.—
(1) DEPARTMENTAL ACTION.—The Secretary is
authorized and directed to effectuate subsection (a)
by issuing, and securing compliance with, rules or
orders with respect to a public school or agency that
receives funds made available through the Depart-
ment of Education and that denies equal access, or
a fair opportunity to meet, or discriminates, as de-
scribed in subsection (a).
(2) PROCEDURE.—The Secretary shall issue
and secure compliance with the rules or orders,
under paragraph (1), in a manner consistent with
the procedure used by a Federal department or
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agency under section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d–1).
(3) JUDICIAL REVIEW.—Any action taken by
the Secretary under paragraph (1) shall be subject
to the judicial review described in section 603 of
that Act (42 U.S.C. 2000d–2). Any person aggrieved
by the action may obtain that judicial review in the
manner, and to the extent, provided in section 603
of that Act.
(c) DEFINITIONS AND RULE.—
(1) DEFINITIONS.—In this section:
(A) ELEMENTARY
SCHOOL; LOCAL
EDU-
CATIONAL AGENCY; SECONDARY SCHOOL; STATE
EDUCATIONAL
AGENCY.—The terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’, ‘‘sec-
ondary school’’, and ‘‘State educational agency’’
have the meanings given the terms in section
8101 of the Elementary and Secondary Edu-
cation Act of 1965 (as in effect after the effec-
tive date of this Act).
(B) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Education, acting
through the Assistant Secretary for Civil Rights
of the Department of Education.