I 
110TH CONGRESS 
1ST SESSION H. R. 4880 
To amend the McKinney-Vento Homeless Assistance Act to provide for the 
implementation of protection and services for children and youths in 
out of home care, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2007 
Mr. DAVIS of Illinois introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committee 
on Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the McKinney-Vento Homeless Assistance Act to 
provide for the implementation of protection and services 
for children and youths in out of home care, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. IMPLEMENTATION OF PROTECTION AND SERV-
ICES FOR CHILDREN AND YOUTHS IN OUT OF 
HOME CARE. 
(a) IN GENERAL.—The McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11421 et seq.) is amended by 
adding at the end the following new subtitle: 
‘‘Subtitle 
C—Implementation 
of 
Protection 
and 
Services 
for 
Children and Youths in Out of 
Home Care 
‘‘SEC. 731. STATEMENTS OF POLICY. 
‘‘Congress declares the following: 
‘‘(1) Children and youths in out of home care 
face daunting barriers to educational success very 
similar to those faced by children experiencing home-
lessness. Extension of the protections and services of 
this subtitle to children and youths in out of home 
care, therefore, is crucial, to their educational suc-
cess while ensuring that existing State and local 
educational agency programs serving homeless chil-
dren and youths are protected and are provided with 
adequate support. 
‘‘(2) Efforts to improve educational outcomes 
for children and youths in out of home care must be 
a joint effort of child welfare agencies responsible 
for the welfare of such children and youths and the 
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State and local educational agencies pursuant to sec-
tion 732 to provide educational services to such chil-
dren and youths. 
‘‘SEC. 732. IMPLEMENTATION OF PROTECTION AND SERV-
ICES FOR CHILDREN AND YOUTHS IN OUT OF 
HOME CARE. 
‘‘(a) IN GENERAL.—Not later than two years after 
the date of the enactment of this subtitle or the date on 
which the amount appropriated under section 726 equals 
or exceeds $90,000,000, whichever comes first, each State 
through the State educational agency and each local edu-
cational agency in the State, in collaboration with the 
State and local child welfare agencies in the State, shall 
provide children and youths in out of home care with the 
following: 
‘‘(1) The opportunity to remain in the school of 
origin, in accordance with subparagraphs (A) and 
(B) of section 722(g)(3), subject to subsection (b) of 
this section. 
‘‘(2) Immediate enrollment in the school chosen 
pursuant to section 722(g)(3)(C). 
‘‘(3) Maintenance and timely transfer of 
records pursuant to section 722(g)(3)(D). 
‘‘(4) Access to the dispute resolution process 
pursuant to section 722(g)(3)(E). 
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‘‘(5) The assurance that they will not be seg-
regated in a separate or stigmatized school or sepa-
rate program within a school based on the status of 
their being children and youths in out of home care, 
pursuant to subsections (e)(3) and (g)(1)(J)(i) of 
section 722. 
‘‘(6) Equal access to comparable services as set 
forth in section 722(g)(4), subject to subsection (b) 
of this section. 
‘‘(7) Equal access to State-funded and local 
educational agency-funded preschool programs, ap-
propriate secondary education and support services, 
before- and after-school programs for which they are 
eligible, including extracurricular activities, pursuant 
to section 722(g)(1)(F). 
‘‘(8) Opportunities to meet the same chal-
lenging State student academic achievement stand-
ards that all students are expected to meet pursuant 
to section 722(g)(1)(A). 
‘‘(9) Coordination of services with local child 
welfare and social service agencies and with local 
educational agencies on inter-district issues pursuant 
to section 722(g)(5). 
‘‘(b) TRANSPORTATION.—A State under this subtitle 
shall not be required to ensure that transportation is pro-
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vided to the school of origin for a child or youth in out 
of home care unless such transportation is otherwise re-
quired by law, the responsible child welfare agency or 
other entity agrees to reimburse the cost of providing such 
transportation, or transportation is required under section 
733. 
‘‘(c) IMPLEMENTATION OF PLAN.—Not later than 
one year after the date of the enactment of this subtitle, 
each State educational agency, in cooperation with the 
State child welfare agency in the State, shall submit to 
the Secretary a plan for the implementation of the edu-
cational rights of children and youths in out of home care. 
Such plan shall include the following: 
‘‘(1) A description of how the State and the 
local child welfare agencies within the State will co-
ordinate and collaborate with the State educational 
agency, the Coordinator for Education of Homeless 
Children and Youths established under section 
722(d)(3), and the local educational agencies in the 
State, including liaisons designated under section 
722(g)(1)(J)(ii), to ensure the protections and serv-
ices provided under this subtitle will be promptly 
and effectively delivered to children and youths in 
out of home care, taking into account the need to 
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continue serving other children and youths eligible 
for protections and services under this subtitle. 
‘‘(2) A description of the policies and proce-
dures which are or will be implemented regarding 
confidentiality, information-sharing, and educational 
decision-making for such children and youths. 
‘‘(3) A description of the policies and proce-
dures which are or will be implemented regarding 
notice, dispute resolution procedures, maintenance of 
school records, and health records. 
‘‘(4) A description of specific procedures for 
school enrollment and withdrawal of children and 
youths in out of home care, including a description 
of who within the child welfare agency will work with 
the local educational agency to ensure immediate en-
rollment of children and youths in out of home care 
and to assist with the smooth transition from school 
to school. 
‘‘(5) A description of the numbers and needs of 
children and youths in out of home care who will be 
eligible for the protections and services under sub-
section (a), including, to the extent available, data 
on the numbers of school-age and preschool-age chil-
dren and youths in out of home care in the State by 
local educational agencies, and data on the extent of 
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school mobility of children and youths in out of 
home care in the State. 
‘‘(6) A description of existing barriers to enroll-
ment, attendance, retention, and educational success 
in school for children and youths in out of home 
care. 
‘‘(7) A description of efforts in the State to re-
cruit foster families and provide placement options 
that maintain children and youths in their schools of 
origin. 
‘‘(8) Consistent with subsection (d) and section 
722(f)(3), data and information regarding children 
and youths in out of home care who are eligible for 
and are receiving protections and services under sub-
section (a). 
‘‘(9) A description of the policies and proce-
dures to be coordinated with the public child welfare 
agency that will assist unaccompanied youths who 
are in the custody of such public child welfare agen-
cy to maintain school enrollment and attendance 
through stable housing. 
‘‘(10) Pursuant to subsection (b), a description 
of how required transportation services will be pro-
vided and coordinated. 
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‘‘(d) 
ADDITIONAL
SECRETARIAL
RESPONSIBIL-
ITIES.— 
‘‘(1) INFORMATION.— 
‘‘(A) IN
GENERAL.—From funds appro-
priated under section 726, the Secretary, in co-
ordination with the Secretary of Health and 
Human Services, shall, directly or through 
grants, contracts, or cooperative agreements, 
periodically collect and disseminate data and in-
formation regarding— 
‘‘(i) the number and location of chil-
dren and youths in out of home care; 
‘‘(ii) the education and related serv-
ices such children and youths receive; 
‘‘(iii) the extent to which the edu-
cational needs of children and youths in 
out of home care are being met; and 
‘‘(iv) such other data and information 
as the Secretary determines necessary and 
relevant to carry out this subtitle. 
‘‘(B) COORDINATION.—The Secretary shall 
coordinate such collection and dissemination 
with other agencies and entities that receive as-
sistance and administer programs under this 
subtitle. The Secretary shall also coordinate the 
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collection of such data with the data collection 
required under section 724(h). 
‘‘(2) REPORT.—Not later than four years after 
the date of the enactment of this subtitle, the Sec-
retary shall submit to the President and the Com-
mittee on Education and Labor 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 children and youths in 
out of home care, including information on the ac-
tions of the Secretary and the effectiveness of the 
programs supported under this subtitle. 
‘‘(e) RULES OF CONSTRUCTION.— 
‘‘(1) NO SHIFTING RESPONSIBILITIES.—Noth-
ing in this subtitle is intended to shift responsibil-
ities to State or local educational agencies for duties 
and activities related to meeting the educational 
needs of children and youths in out of home care 
that the State child welfare agency has specifically 
assumed in its State plan submitted pursuant to 
parts B or E of title IV of the Social Security Act 
(42 U.S.C. 621 et seq. and 670 et seq.). 
‘‘(2) NO PRECLUSION OF EARLY IMPLEMENTA-
TION.—Nothing in this section shall preclude a State 
from extending the protections under this section to 
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children and youths in out of home care before the 
date that is two years after the date of the enact-
ment of this subtitle or the date on which the 
amount appropriated under section 726 equals or ex-
ceeds $90,000,000, whichever comes first, except 
that if a State implements such protections before 
either of such dates, the State shall first submit the 
implementation plan required under subsection (c). 
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds appro-
priated under this subtitle shall be used to supplement, 
not supplant, Federal and non-Federal funds available 
through State and local child welfare agencies for expenses 
related to the education of children and youths who are 
in out of home care. 
‘‘SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION 
FOR CHILDREN AND YOUTHS IN OUT OF 
HOME CARE. 
‘‘State and local educational agencies shall be re-
quired to ensure that transportation is provided to enable 
children and youths in out of home care to remain in their 
schools of origin as specified under this subtitle— 
‘‘(1) when the amount appropriated under sec-
tion 726 equals or exceeds $140,000,000; 
‘‘(2) such transportation is otherwise required 
by law; or 
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‘‘(3) the responsible child welfare agency or 
other entity agrees to reimburse the cost of pro-
viding such transportation. 
‘‘SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER 
CARE PLACEMENT. 
‘‘Nothing in sections 732 and 733 shall be construed 
to relieve States or local educational agencies of responsi-
bility under this subtitle to serve children and youths 
awaiting foster care placement. 
‘‘SEC. 735. ACTION BY COURT. 
‘‘If the right of the birth or adoptive parent or legal 
guardian of a child or youth to make educational decisions 
for such child or youth has been terminated or suspended 
by an order of the court, or if the birth or adoptive parent 
or legal guardian cannot be identified or located after rea-
sonable efforts, is not available with reasonable prompt-
ness to assist in enrollment or placement decisions, or is 
not acting in the best educational interests of such child 
or youth with respect to enrollment or placement deci-
sions, a court may appoint an individual to serve as the 
educational decisionmaker of such child or youth who shall 
have the same rights as a parent or guardian under this 
subtitle. In making such appointment, if such child or 
youth is eligible for services under the Individuals with 
Disabilities Education Act, the court shall consider wheth-
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er the individual who is serving as the parent or surrogate 
parent under sections 615(b)(2) and 639(a)(5) of such Act 
of such child or youth should serve as the educational deci-
sionmaker for the purpose of this subtitle. 
‘‘SEC. 736. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CHILDREN AND YOUTHS IN OUT OF HOME 
CARE.—The term ‘children and youths in out of 
home care’ means children and youths who are in 
the custody of a public child welfare agency, includ-
ing foster family homes, kinship care families, group 
homes, and other congregate care facilities. 
‘‘(2) PARENT OR GUARDIAN.—The term ‘parent 
or guardian’ means, with respect to children or 
youths in out of home care— 
‘‘(A) the birth or adoptive parent or legal 
guardian of such a child or youth, unless such 
parent’s or guardian’s right to make edu-
cational decisions for such child or youth has 
been terminated or suspended by a court; or 
‘‘(B) the educational decisionmaker ap-
pointed by a court to make educational deci-
sions for such child or youth.’’. 
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(b) CONFORMING AMENDMENT.—The table of con-
tents of the McKinney-Vento Homeless Assistance Act is 
amended by adding at the end the following: 
‘‘Subtitle C—Implementation of Protection and Services for Children and 
Youths in Out of Home Care 
‘‘Sec. 731. Statements of policy. 
‘‘Sec. 732. Implementation of protection and services for children and youths 
in out of home care. 
‘‘Sec. 733. Special rule regarding transportation for children and youths in out 
of home care. 
‘‘Sec. 734. Children and youths awaiting foster care placement. 
‘‘Sec. 735. Action by court. 
‘‘Sec. 736. Definitions.’’. 
Æ 
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