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‘‘(9) if necessary, the payment of fees and other
costs associated with tracking, obtaining, and trans-
ferring records necessary to enroll homeless children
and youth in school, including birth certificates, im-
munization or medical records, academic records,
guardianship records, and evaluations for special pro-
grams or services;
‘‘(10) the provision of education and training to
the parents of homeless children and youth about the
rights of, and resources available to, such children
and youth;
‘‘(11) the development of coordination between
schools and agencies providing services to homeless
children and youth, as described in section 722(g)(5);
‘‘(12) the provision of pupil services (including
violence prevention counseling) and referrals for such
services;
‘‘(13) activities to address the particular needs of
homeless children and youth that may arise from do-
mestic violence;
‘‘(14) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
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‘‘(15) the provision of school supplies, including
those supplies to be distributed at shelters or tem-
porary housing facilities, or other appropriate loca-
tions; and
‘‘(16) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State plan
submitted by a State educational agency under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle, if requested by the State
educational agency.
‘‘(c) NOTICE.—The Secretary shall, before the next
school year that begins after the date of the enactment of
the McKinney-Vento Homeless Education Assistance Im-
provements Act of 2001, create and disseminate nationwide
a public notice of the educational rights of homeless children
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and youth and disseminate such notice to other Federal
agencies, programs, and grantees, including Head Start
grantees, Health Care for the Homeless grantees, Emergency
Food and Shelter grantees, and homeless assistance pro-
grams administered by the Department of Housing and
Urban Development.
‘‘(d) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs of
homeless elementary and secondary school students, and
may use funds appropriated under section 726 to conduct
such activities.
‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary
shall require applications for grants under this subtitle to
be submitted to the Secretary not later than the expiration
of the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall
make such grants not later than the expiration of the 120-
day period beginning on such date.
‘‘(f) DETERMINATION BY SECRETARY.—The Secretary,
based on the information received from the States and infor-
mation gathered by the Secretary under subsection (e), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
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access to a free appropriate public education as described
in section 721(1).
‘‘(g) INFORMATION.—
‘‘(1) IN
GENERAL.—From funds appropriated
under section 726, the Secretary shall, either directly
or through grants, contracts, or cooperative agree-
ments, periodically collect and disseminate data and
information regarding—
‘‘(A) the number and location of homeless
children and youth;
‘‘(B) the education and related services such
children and youth receive;
‘‘(C) the extent to which such needs are
being met; and
‘‘(D) such other data and information as
the Secretary deems necessary and relevant to
carry out this subtitle.
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate such collection and dissemination with other
agencies and entities that receive assistance and ad-
minister programs under this subtitle.
‘‘(h) REPORT.—Not later than 4 years after the date
of the enactment of the McKinney-Vento Homeless Edu-
cation Assistance Improvements Act of 2001, the Secretary
shall prepare and submit to the President and the Com-
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mittee on Education and the Workforce of the House of Rep-
resentatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the status
of education of homeless children and youth, which shall
include information on—
‘‘(1) the education of homeless children and
youth; and
‘‘(2) the actions of the Department and the effec-
tiveness of the programs supported under this subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) The term ‘homeless children and youth’—
‘‘(A) means individuals who lack a fixed,
regular, and adequate nighttime residence (with-
in the meaning of section 103(a)(1));
‘‘(B) includes—
‘‘(i) children and youth who are living
in doubled-up accommodations sharing the
housing of another due to loss of housing,
economic hardship or a similar reason, are
living in motels, hotels, trailer parks, or
camping grounds due to the lack of alter-
native adequate accommodations, are living
in emergency or transitional shelters, are
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abandoned in hospitals, or are awaiting fos-
ter care placement;
‘‘(ii) individuals who have a primary
nighttime residence that is a public or pri-
vate place not designed for or ordinarily
used as a regular sleeping accommodation
for human beings (within the meaning of
section 103(a)(2)(C)); and
‘‘(iii) children and youth who are liv-
ing in cars, parks, public spaces, abandoned
buildings or substandard housing, bus or
train stations, or similar settings; and
‘‘(C) does not include migratory children
(as such term is defined in section 1309(2) of the
Elementary and Secondary Education Act of
1965), unless such children are staying in ac-
commodations not fit for habitation.
‘‘(2) The term ‘unaccompanied youth’ includes
youth not in the physical custody of a parent or
guardian.
‘‘(3) The terms ‘enroll’ and ‘enrollment’ include
within their meaning the right to attend classes and
to participate fully in school activities.
‘‘(4) The terms ‘local educational agency’ and
‘State educational agency’ have the meanings given
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such terms in section 8101 of the Elementary and
Secondary Education Act of 1965.
‘‘(5) The term ‘Secretary’ means the Secretary of
Education.
‘‘(6) The term ‘State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriated $60,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the fiscal years 2003 through 2006.’’.
SEC. 915. TECHNICAL AMENDMENT.
(a) IN GENERAL.—Section 1 of Public Law 106–400
(42 U.S.C. 11301) is amended by striking ‘‘Section 1 of’’
and inserting ‘‘Section 101 of’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be deemed to be effective on the date of
enactment of Public Law 106–400.
PART B—REPEALS
SEC. 921. REPEALS.
The following provisions are repealed:
(1) GOALS.—Parts A and C of title II and title
VI of Goals 2000: Educate America Act.
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(2) TROOPS-TO-TEACHERS
PROGRAM
ACT
OF
1999.—The Troops-to-Teachers Program Act of 1999
(title XVII of Public Law 106–65; 20 U.S.C. 9301 et
seq.).
(3) ESEA.—
(A) Title IX, relating to Indian, Native Ha-
waiian, and Alaska Native education.
(B) Parts A, B, C, D, F, G, I, J, L, of title
X, relating to programs of national significance.
(C) Title XI, relating to coordinated serv-
ices.
(D) Title XII, relating to education infra-
structure.
(E) The title heading of title XIII and sec-
tions 13001 and 13002.
(F) Title XIV, relating to general provi-
sions.
107TH CONGRESS
1ST SESSION
H. R. 1
[Report No. 107–63, Part I]
A BILL
To close the achievement gap with accountability,
flexibility, and choice, so that no child is left be-
hind.
MAY 14, 2001
Reported with an amendment and referred to the Com-
mittee on the Judiciary for a period ending not later
than May 15, 2001, for consideration of such provi-
sions of the bill and amendment as fall within the ju-
risdiction of that committee pursuant to clause 1(k),
rule X, and ordered to be printed