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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 re-
designated as section 8901. 
(c) CONFORMING AMENDMENT.—Section 8901 (as re-
designated 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 fol-
lows: 
‘‘(2) STATE
ASSESSMENTS.—(A) The Commis-
sioner, in carrying out the National Assessment— 
‘‘(i) may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12; and 
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‘‘(ii) shall conduct annual State assessments 
of student achievement in reading and mathe-
matics 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 ad-
ministered as a part of a State assessment prior to 
the release of the data. Refusal by a State to release 
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.— 
‘‘(1) NATIONAL AND REGIONAL PARTICIPATION.— 
Participation in the national and regional assess-
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ments 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 de-
layed development, and are twice as likely to repeat 
a grade. 
(3) Despite steady progress in school enrollment 
and attendance resulting from the passage in 1987 of 
the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11301 et seq.), homeless students still face 
numerous barriers to education, including residency, 
guardianship and registration requirements, delays 
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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 sta-
bility, 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 Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 
11301 et seq.), educators and service providers have 
learned much about policies and practices 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— 
(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 
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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 homeless 
youth has equal access to the same free, public edu-
cation, 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 com-
pulsory school attendance laws or other laws, regula-
tions, practices, or policies that may act as a barrier 
to the enrollment, attendance, or success in school of 
homeless children and youth, the State review and 
undertake steps to revise such laws, regulations, prac-
tices, or policies to ensure that homeless children and 
youth are afforded the same free, public education as 
provided to other children and youth; 
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‘‘(3) homelessness alone is not sufficient reason to 
separate students from the mainstream school envi-
ronment; and 
‘‘(4) homeless children and youth must have ac-
cess to the education and other services that such chil-
dren and youth need to ensure that such children and 
youth have an opportunity to meet the same chal-
lenging State student academic achievement stand-
ards 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 author-
ized to make grants to States in accordance with the provi-
sions 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 sub-
mits an application to the Secretary at such time, in such 
manner, and containing or accompanied by such informa-
tion as the Secretary may reasonably require. 
‘‘(c) ALLOCATION AND RESERVATIONS.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2) 
and section 724(d), from the amounts appropriated 
for each fiscal year under section 726, the Secretary 
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is authorized to allot to each State an amount that 
bears the same ratio to the amount appropriated for 
such year under section 726 as the amount allocated 
under section 1122 of the Elementary and Secondary 
Education Act of 1965 to the State for that year bears 
to the total amount allocated under section 1122 of 
such Act to all States for that year, except that no 
State shall receive less than $125,000 or 1⁄2 of 1 per-
cent of the amount appropriated under section 726, 
whichever is greater. 
‘‘(2) RESERVATION.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be 
allocated by the Secretary among the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under 
this subtitle, as determined by the Secretary. 
‘‘(B)(i) The Secretary shall transfer one percent 
of the amount appropriated for each fiscal year under 
section 726 to the Department of the Interior for pro-
grams for Indian students served by schools funded by 
the Secretary of the Interior, as determined under the 
Indian Self-Determination and Education Assistance 
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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 agree-
ment shall set forth the plans of the Secretary of the 
Interior for the use of the amounts transferred, in-
cluding 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 Islands. 
‘‘(d) ACTIVITIES.—Grants under this section shall be 
used— 
‘‘(1) to carry out the policies set forth in section 
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; 
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‘‘(3) to establish or designate an Office of Coordi-
nator 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 de-
scribed 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 dis-
tribute not less than 75 percent in grants to local edu-
cational agencies for the purposes of carrying out sec-
tion 723, except that States funded at the minimum 
level set forth in subsection (c)(1) shall distribute 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 avail-
able for State use under this subtitle to conduct ac-
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tivities 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 Assistance 
Improvements Act of 2001— 
‘‘(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 re-
ceived under this subtitle for use by any 
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agency of origin terminate and the 
child or youth, though continuing his 
or her education in the school of origin, 
begins living in the area served by an-
other 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 pro-
viding the child with transportation to 
and from the school or origin. If the 
local educational agencies are unable 
to agree upon such method, the respon-
sibility 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 requirements 
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 
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