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‘‘(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
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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-
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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
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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
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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;
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‘‘(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-
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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;
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‘‘(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-
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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;
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‘‘(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;
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‘‘(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.
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‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency
that receives assistance under this subtitle,
shall review and revise any policies that may act
as barriers to the enrollment of homeless 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
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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-
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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
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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
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‘‘(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-
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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;
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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;
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‘‘(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.
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‘‘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-
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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—
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‘‘(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
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‘‘(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
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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.
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‘‘(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-
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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,
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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.
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‘‘(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.
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(C) YOUTH
GROUP.—The term ‘‘youth
group’’ means any group or organization in-
tended to serve young people under the age of
21.
(2) RULE.—For purposes of this section, an el-
ementary school or secondary school has a des-
ignated open forum whenever the school involved
grants an offering to or opportunity for 1 or more
youth or community groups to meet on school prem-
ises or in school facilities before or after the hours
during which attendance at the school is compulsory.
SEC. 923. EFFECTIVE DATE.
Notwithstanding section 5, this part takes effect 1
day after the date of the enactment of this Act.
PART C—REPEALS
SEC. 931. REPEALS.
The following provisions are repealed:
(1) GOALS.—Parts A and C of title II and title
VI of Goals 2000: Educate America Act.
(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.—
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(A) Title IX, relating to Indian, Native
Hawaiian, and Alaska Native education.
(B) Parts A, B, C, D, F, G, I, J, L, of
title X, relating to programs of national signifi-
cance.
(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.
Passed the House of Representatives May 23, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 53
107TH CONGRESS
1ST SESSION
H. R. 1
AN ACT
To close the achievement gap with accountability,
flexibility, and choice, so that no child is left be-
hind.
MAY 25, 2001
Received; read twice and placed on the calendar