ties with other entities and agencies, in-
cluding through such measures as inquiries 
concerning housing status on school reg-
istration forms and on withdrawal or exit 
forms; 
‘‘(ii) homeless children and youths are 
immediately enrolled in, and have a full 
and equal opportunity to succeed in, 
schools of that local educational agency; 
‘‘(iii) homeless families, and homeless 
children and youths, have access to edu-
cational services for which such families, 
children, and youths are eligible, including 
services through Head Start, Early Head 
Start, early intervention, and Even Start 
programs, and preschool programs de-
scribed in paragraph (7)(A); 
‘‘(iv) homeless families, and homeless 
children and youths receive referrals to 
health care services, dental services, mental 
health and substance abuse services, hous-
ing services, and other appropriate serv-
ices; 
‘‘(v) the parents or guardians of 
homeless children and youths are informed 
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of the educational and related opportuni-
ties available to their children, including 
preschool opportunities, and are provided 
with meaningful opportunities to partici-
pate in the education of their children; 
‘‘(vi) public notice of the educational 
rights of homeless children and youths is 
incorporated into documents related to 
residency requirements or enrollment, pro-
vided upon school enrollment and with-
drawal, posted on the local educational 
agency’s website, and disseminated in loca-
tions frequented by parents or guardians 
of such children and youths, and unaccom-
panied youths, including schools, shelters, 
public libraries, and soup kitchens, in a 
manner and form understandable to par-
ents and guardians of homeless children 
and youths and unaccompanied youths; 
‘‘(vii) disputes are resolved in accord-
ance with paragraph (3)(E); 
‘‘(viii) 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 
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to the school of origin, as described in 
paragraph (1)(J)(iii), and is assisted in ac-
cessing transportation to the school that is 
selected under paragraph (3)(A); 
‘‘(ix) school personnel are adequately 
prepared to implement this subtitle and re-
ceive professional development, resource 
materials, technical assistance, and other 
support; and 
‘‘(x) unaccompanied youths— 
‘‘(I) are enrolled in school; 
‘‘(II) have opportunities to meet 
the same challenging State student 
academic achievement standards to 
which other students are held, includ-
ing through implementation of the 
policies and practices required by sub-
paragraphs (F)(ii) and (J)(iv) of 
paragraph (1); and 
‘‘(III) are informed of their sta-
tus as independent students under 
section 480 of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv), in-
cluding through school counselors that 
have received professional develop-
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ment about unaccompanied youth, 
and receive verification of such status 
for purposes of the Free Application 
for Federal Student Aid described in 
section 483 of such Act (20 U.S.C. 
1090). 
‘‘(B) NOTICE.—State Coordinators ap-
pointed under subsection (d)(3) and local edu-
cational agencies shall inform school personnel, 
service providers, and advocates working with 
homeless families and homeless children and 
youths of the contact information and duties of 
the local educational agency liaisons, including 
publishing an annually updated list of the liai-
sons on the State educational agency’s website. 
‘‘(C) LOCAL AND STATE COORDINATION.— 
The local educational agency liaisons shall, as a 
part of their duties, coordinate and collaborate 
with the State Coordinators and community 
and school personnel responsible for the provi-
sion of education and related support services 
to homeless children and youths. Such coordina-
tion shall include collecting and providing to the 
State Coordinator the reliable, valid, and com-
prehensive data needed to meet the require-
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ments of paragraphs (1) and (3) of subsection 
(f). 
‘‘(D) PROFESSIONAL DEVELOPMENT.—The 
local educational agency liaisons shall partici-
pate in the professional development and other 
technical assistance activities provided by the 
State Coordinator pursuant to subsection (f)(5). 
‘‘(7) SCHOOL READINESS FOR HOMELESS CHIL-
DREN.— 
‘‘(A) STATE
AND
LOCAL
EDUCATIONAL 
AGENCIES.—Each State educational agency and 
local educational agency shall ensure that enti-
ties carrying out preschool programs funded, 
administered, or overseen by the agency in-
volved— 
‘‘(i) comply with paragraphs (3) and 
(4), except that in the absence of contrary 
State law or policy, such entities shall not 
be required to enroll a homeless child im-
mediately in a preschool program that is 
operating at full capacity when the child 
seeks to enroll; 
‘‘(ii) identify and prioritize homeless 
children for enrollment and increase their 
enrollment and attendance in preschool 
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programs, including through policies such 
as— 
‘‘(I) reserving spaces in preschool 
programs for homeless children; 
‘‘(II) conducting targeted out-
reach to homeless children and their 
families; 
‘‘(III) waiving application dead-
lines; 
‘‘(IV) providing ongoing profes-
sional development for staff regarding 
the needs of homeless children and 
their families and strategies to serve 
the children and families; and 
‘‘(V) developing the capacity to 
serve all identified homeless children; 
and 
‘‘(iii) review the educational and re-
lated needs of homeless children and their 
families in such agency’s service area, in 
coordination with the liaison designated 
under paragraph (1)(J)(ii), and develop 
policies and practices to meet identified 
needs. 
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‘‘(B) OTHER
STATE
AGENCIES.—In the 
case of State-funded preschool programs that 
are not funded, administered, or overseen by 
the State educational agency or a local edu-
cational agency, the State agency that funds, 
administers, or oversees such preschool pro-
grams shall— 
‘‘(i) develop, review, and revise its 
policies and practices to remove barriers to 
the identification, enrollment, attendance, 
retention, and success of homeless children 
for or in preschool programs funded, ad-
ministered, or overseen by the agency; 
‘‘(ii) ensure that the entities comply 
with the provisions of paragraph (3) and 
(4) except that such entities, with respect 
to such programs— 
‘‘(I) shall not be required to en-
roll a homeless child immediately in a 
preschool program that is operating at 
full capacity when the child seeks to 
enroll, in the absence of contrary 
State law or policy; 
‘‘(II) shall not be subject to the 
dispute resolution procedures of the 
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State educational agency or local edu-
cational agencies, but shall ensure 
that all of the dispute resolution pro-
cedures available through such pro-
grams and the State agency that 
funds, administers, or oversees such 
programs are accessible to parents 
and guardians of homeless children 
and shall provide such parents and 
guardians with a written explanation 
of their dispute and appeal rights; and 
‘‘(III) shall not be subject to the 
transportation requirements of para-
graphs (1)(J)(iii) or (3)(B)(v), but 
shall remove barriers to transpor-
tation services for homeless children 
and shall, to the maximum extent 
practicable, arrange or provide trans-
portation for homeless children to at-
tend preschool programs, including 
their preschool program of origin; 
‘‘(iii) identify and prioritize homeless 
children for enrollment and increase their 
enrollment and attendance in preschool 
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programs, including through policies such 
as— 
‘‘(I) reserving spaces in preschool 
programs for homeless children; 
‘‘(II) conducting targeted out-
reach to homeless children and their 
families; 
‘‘(III) waiving application dead-
lines; 
‘‘(IV) providing ongoing profes-
sional development for staff regarding 
the needs of homeless children and 
their families and strategies to serve 
the children and families; and 
‘‘(V) develop capacity to serve all 
identified homeless children; and 
‘‘(iv) review the educational and re-
lated needs of homeless children and their 
families in the State, in coordination with 
the Office of the Coordinator for Edu-
cation of Homeless Children and Youths 
established under subsection (d)(3), and 
develop policies and practices to meet iden-
tified needs. 
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‘‘(h) PROHIBITION
ON SEGREGATING HOMELESS 
CHILDREN AND YOUTHS.— 
‘‘(1) IN GENERAL.—In providing a free appro-
priate public education to a homeless child or youth, 
no State receiving funds under this subtitle shall 
segregate such child or youth in a separate school, 
or in a separate program within a school, based on 
such child’s or youth’s status as homeless. 
‘‘(2) TRANSITION FROM SEGREGATED SCHOOLS 
IN
FORMERLY
COVERED
COUNTIES.—To ensure a 
smooth, rapid, and complete transition for all home-
less children and youths from segregated to nonseg-
regated schools or programs, in formerly covered 
counties, each local educational agency that serves 
such a covered county shall— 
‘‘(A) coordinate activities with those seg-
regated schools and schools with segregated 
programs located in formerly covered counties, 
to identify each homeless child and youth en-
rolled in such schools and programs; 
‘‘(B) for each homeless child and youth so 
identified, determine if the child or youth has a 
school of origin (as defined in subsection 
(g)(3)(J)) and either— 
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‘‘(i) immediately enroll the child or 
youth in the school of origin if it is in the 
child’s or youth’s best interest in accord-
ance with this subtitle and consistent with 
the wishes of the parent, guardian, or un-
accompanied youth involved, and provide 
transportation to and from the school of 
origin; or 
‘‘(ii) immediately enroll the child or 
youth in any nonsegregated public school if 
enrollment in the school of origin is not in 
the child’s or youth’s best interest in ac-
cordance with this subtitle or is against the 
wishes of the parent, guardian, or unac-
companied youth; 
‘‘(C) provide the parent, guardian, or un-
accompanied youth with information about the 
dispute resolution process available under this 
subtitle; 
‘‘(D) ensure that each homeless child or 
youth receives the full protections and services 
provided by this subtitle; and 
‘‘(E) implement other policies and prac-
tices necessary to ensure a smooth, rapid, and 
complete integration of the children and youths 
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into the public schools of the local educational 
agency. 
‘‘(3) ROLE OF STATE EDUCATIONAL AGENCY IN 
TRANSITION.—The State educational agencies of 
California and Arizona shall provide technical assist-
ance to the local educational agencies in the State 
that serve formerly covered counties to ensure the 
requirements of paragraph (2) are met. 
‘‘(4) TRANSITION PERIOD.—Not later than the 
end of the academic year in which the Educational 
Success for Children and Youth Without Homes Act 
of 2009 is enacted, the transition referred to in 
paragraph (2) shall be complete. 
‘‘(i) NO DIMINISHMENT OF POWER.—Nothing in this 
subtitle shall be construed to diminish the rights of par-
ents or guardians of homeless children or youth, or unac-
companied youth, otherwise provided under State law, pol-
icy, or practice, including laws or policies that authorize 
the best interest determination in subsection (g)(3) to be 
made solely by the parent, guardian, or youth involved. 
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
‘‘(a) GENERAL AUTHORITY.— 
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‘‘(1) IN
GENERAL.—The State educational 
agency shall, in accordance with section 722(e), and 
from amounts made available to such agency under 
section 726, make subgrants to local educational 
agencies for the purpose of facilitating the identifica-
tion, enrollment, attendance, and success in school 
of homeless children and youths. 
‘‘(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; and 
‘‘(ii) shall, to the maximum extent 
practicable, be provided through existing 
programs and mechanisms that integrate 
homeless children and youths with non-
homeless children and youths. 
‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 
services under paragraph (1) are provided to 
homeless 
children 
and 
youths 
on 
school 
grounds, the school involved may use funds 
under this subtitle to provide the same services 
to other children and youths who are deter-
mined by the local educational agency serving 
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the school to be at risk of failing in, or drop-
ping out of, school. 
‘‘(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. 
‘‘(4) 
DURATION
OF
GRANTS.—Subgrants 
awarded under this section shall be for terms of not 
to exceed 3 years. 
‘‘(b) APPLICATION.—A local educational agency that 
desires to receive a subgrant under this section shall sub-
mit an application to the State educational agency at such 
time, in such manner, and containing or accompanied by 
such information as the State educational agency may rea-
sonably require. Such application shall include the fol-
lowing: 
‘‘(1) An assessment of the educational and re-
lated needs of homeless children and youths in the 
area served by the local educational agency (which 
may be undertaken as part of a needs assessment 
for another disadvantaged group). 
‘‘(2) A description of the services and programs 
for which assistance is sought to address the needs 
identified in paragraph (1). 
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‘‘(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 subgrant determination is 
made, was not less than 90 percent of such com-
bined fiscal effort or aggregate expenditures for the 
second fiscal year preceding the fiscal year for which 
the determination 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). 
‘‘(5) A description of policies and procedures 
that the agency will implement to ensure that activi-
ties carried out by the agency will not isolate or stig-
matize homeless children and youths. 
‘‘(6) An assurance that the local educational 
agency will collect and promptly provide data re-
quested by the State Coordinator pursuant to para-
graphs (1) and (3) of section 722(f). 
‘‘(7) A description of the policies and practices 
the local educational agency has implemented to re-
move barriers to the identification, enrollment, at-
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tendance, retention, and success in school of all 
homeless children and youths. 
‘‘(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 722(a), make subgrants on a competi-
tive basis 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.— 
‘‘(A) IN GENERAL.—In determining need 
under paragraph (1), the State educational 
agency may consider the number of homeless 
children and youths enrolled in preschool, ele-
mentary schools, and secondary schools within 
the area served by the local educational agency, 
and shall consider the needs of such children 
and youths and the ability of the local edu-
cational agency to meet such needs. 
‘‘(B) 
OTHER
CONSIDERATIONS.—The 
State educational agency may also consider the 
following: 
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‘‘(i) The extent to which the proposed 
use of funds will facilitate the identifica-
tion, enrollment, attendance, retention, and 
educational success of homeless children 
and youths. 
‘‘(ii) The extent to which the applica-
tion reflects coordination with other local 
and State agencies that serve homeless 
children and youths. 
‘‘(iii) The extent to which the appli-
cant exhibits in the application and in cur-
rent practice (as of the date of submission 
of the application) a commitment to edu-
cation for all homeless children and youths. 
‘‘(iv) Such other criteria as the State 
agency determines to be appropriate. 
‘‘(3) QUALITY.—In determining the quality of 
applications under paragraph (1), the State edu-
cational agency shall consider each of the following: 
‘‘(A) The applicant’s needs assessment 
under subsection (b)(2) and the likelihood that 
the program presented in the application will 
meet such needs. 
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‘‘(B) The types, intensity, and coordination 
of the services to be provided under the pro-
gram. 
‘‘(C) The extent to which the applicant will 
promote meaningful involvement of parents or 
guardians of homeless children or youths in the 
education of their children. 
‘‘(D) The extent to which homeless chil-
dren and youths will be integrated into the reg-
ular education program involved. 
‘‘(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 services available to homeless children 
and youths and their families, including housing 
and child welfare services and services provided 
under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.), title I of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq.), and similar 
State and local programs. 
‘‘(G) The extent to which the local edu-
cational agency will use the subgrant to lever-
age 
resources, 
including 
by 
maximizing 
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nonsubgrant funding for the position of the liai-
son described in section 722(g)(1)(J)(ii) and 
the provision of transportation. 
‘‘(H) The local educational agency’s use of 
funds to serve homeless children and youths 
under section 1113(c)(3) of title I of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 6313(c)(3)). 
‘‘(I) The extent to which the applicant’s 
program meets such other measures as the 
State educational agency considers to be indic-
ative of a high-quality program, including the 
extent to which the local educational agency will 
provide services to unaccompanied youth and 
preschool-aged children. 
‘‘(J) The extent to which the application 
describes how the applicant will meet the re-
quirements of section 722(g)(3). 
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 
agency may use funds awarded under this section for ac-
tivities that carry out the purpose of this subtitle, includ-
ing the following: 
‘‘(1) The provision of tutoring, supplemental in-
struction, and enriched educational services that are 
linked to the achievement of the same challenging 
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State academic content standards and challenging 
State student academic achievement standards as 
the State establishes for other children and youths. 
‘‘(2) The provision of expedited evaluations of 
the strengths, needs, and eligibility of homeless chil-
dren and youths, including needs and eligibility for 
programs and services (including educational pro-
grams for gifted and talented students, children with 
disabilities, and students with limited English pro-
ficiency, charter school programs, magnet school 
programs, and programs in vocational and technical 
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 educators and personnel to the needs 
of homeless children and youths, the rights of such 
children and youths under this subtitle, and the spe-
cific educational needs of runaway and homeless 
youths. 
‘‘(4) The provision of referral services to home-
less children and youths for medical, dental, mental, 
and other health services. 
‘‘(5) The provision of assistance to defray the 
cost of transportation under paragraphs (1)(J)(iii) 
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and (4)(A) of section 722(g), and transportation to 
preschool programs, not otherwise provided through 
Federal, State, or local funding. 
‘‘(6) The provision of developmentally appro-
priate early childhood development programs, not 
otherwise provided through Federal, State, or local 
funding. 
‘‘(7) The provision of services and assistance to 
attract, engage, and retain homeless children and 
youths, particularly homeless children and youths 
who are not enrolled in school, in public school pro-
grams and services provided to nonhomeless children 
and youths. 
‘‘(8) The provision for homeless children and 
youths 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 
transferring records necessary to facilitate the ap-
propriate placement of homeless children and youths 
in school or preschool programs, including birth cer-
tificates, immunization or other required health 
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records, academic records, guardianship records, and 
evaluations for special programs or services. 
‘‘(10) The provision of education and training 
to the parents of homeless children and youths about 
the rights of, and resources available to, such chil-
dren and youths, and other activities designed to in-
crease the meaningful involvement of parents or 
guardians of homeless children or youths in the edu-
cation of their children. 
‘‘(11) The development of coordination of ac-
tivities between schools and agencies providing serv-
ices to homeless children and youths, as described in 
section 722(g)(5). 
‘‘(12) The provision of pupil services (including 
counseling) and referrals for such services. 
‘‘(13) Activities to address the particular needs 
of homeless children and youths that may arise from 
domestic violence and parental mental health or sub-
stance abuse problems. 
‘‘(14) The adaptation of space and purchase of 
supplies for any nonschool facilities made available 
under subsection (a)(2) to provide services under 
this subsection. 
‘‘(15) The provision of school supplies, includ-
ing supplies to be distributed at shelters or tem-
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porary housing facilities, or other appropriate loca-
tions. 
‘‘(16) The provision of assistance to defray the 
cost of the position of liaison designated pursuant to 
section 722(g)(1)(J)(ii), not otherwise provided 
through Federal, State, or local funding. 
‘‘(17) The provision of other extraordinary or 
emergency assistance needed to enable homeless chil-
dren and youths to enroll, attend, and succeed in 
school or preschool programs. 
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 
‘‘(a) REVIEW OF STATE PLANS.—In reviewing the 
State plan submitted by a State educational agency under 
section 722(g), the Secretary shall use a peer review proc-
ess and shall evaluate whether State laws, policies, and 
practices described in such plan adequately address the 
problems of all homeless children and youths relating to 
access to education and placement as described in such 
plan. 
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 
provide support and technical assistance to State edu-
cational agencies to assist such agencies in carrying out 
their responsibilities under this subtitle, and shall estab-
lish or designate a Federal Office of the Coordinator for 
Education of Homeless Children and Youths that has suf-
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ficient capacity, resources, and support to carry out the 
responsibilities described in this subtitle. 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of en-
actment of the Educational Success for Children and 
Youth Without Homes Act of 2009, develop and dis-
seminate a public notice of the educational rights of 
homeless children and youths. The notice shall in-
clude information regarding the definition of home-
less children and youths in section 725. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally. The Secretary also 
shall disseminate such notice to heads of other De-
partment of Education offices, including those re-
sponsible for special education programs, higher 
education, and programs under parts A, B, C, D, G, 
and H of title I, title III, title IV, and part B of title 
V of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 
et seq., 6421 et seq., 6531 et seq., 6551 et seq., 
6801 et seq., 7102 et seq., and 7221 et seq.). The 
Secretary shall also disseminate such notice to heads 
of other Federal agencies, and grant recipients and 
other entities carrying out federally funded pro-
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grams, including Head Start program grantees, 
grant recipients under the Health Care for the 
Homeless program of the Health Resources and 
Services Administration of the Department of 
Health and Human Services, grant recipients under 
the Emergency Food and Shelter National Board 
Program of the Federal Emergency Management 
Agency, grant recipients under the Runaway and 
Homeless Youth Act (42 U.S.C. 5701 et seq.), grant 
recipients under the John H. Chafee Foster Care 
Independence program, grant recipients under home-
less assistance programs administered by the De-
partment of Housing and Urban Development, and 
recipients of Federal funding for programs carried 
out by the Administration on Children, Youth and 
Families of the Department of Health and Human 
Services. 
‘‘(d) EVALUATION AND DISSEMINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct evaluation, dissemination, and technical assist-
ance activities for programs that are designed to 
meet the educational needs of homeless preschool, el-
ementary school, and secondary school students, and 
may use funds appropriated under section 726 to 
award grants to, or enter into contracts or coopera-
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tive agreements with, eligible entities to enable the 
eligible entities to carry out such activities. 
‘‘(2) PRIORITIES.—The Secretary, in awarding 
such grant, or entering into such contract or cooper-
ative agreement, may, without regard to the rule-
making procedures under section 553 of title 5, 
United States Code, limit competitions to, or other-
wise give priority to, entities with— 
‘‘(A) demonstrated experience in dissemi-
nation and technical assistance activities, in-
cluding using the Internet and other state-of- 
the-art technology for efficient and cost-effec-
tive dissemination of information and technical 
assistance; 
‘‘(B) demonstrated experience in the areas 
of homelessness, serving at-risk youth, and edu-
cation; and 
‘‘(C) established networks, and a history of 
collaboration, among State educational agen-
cies, local educational agencies, and national or-
ganizations that provide services to homeless 
children and youths, and homeless families. 
‘‘(e) SUBMISSION
AND DISTRIBUTION.—The Sec-
retary shall require applications for grants under section 
722 to be submitted to the Secretary not later than the 
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expiration of the 120-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 expi-
ration of the 180-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 (h), shall determine the extent to which State edu-
cational agencies are ensuring that each homeless child or 
youth has access to a free appropriate public education, 
as described in section 721(1). The Secretary shall provide 
support and technical assistance to State educational 
agencies in areas in which barriers to a free appropriate 
public education persist. 
‘‘(g) PUBLICATION.—The Secretary shall develop, 
issue, and publish in the Federal Register, not later than 
90 days after the date of enactment of the Educational 
Success for Children and Youth Without Homes Act of 
2009, a summary of the changes enacted by that Act and 
related strategies, which summary shall include— 
‘‘(1) strategies by which a State can assist local 
educational agencies to implement the provisions 
amended by the Act; 
‘‘(2) strategies by which a State can review and 
revise State policies and procedures that may 
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present barriers to the identification, enrollment, at-
tendance, and success of homeless children and 
youths in school; and 
‘‘(3) strategies by which entities carrying out 
preschool programs can implement requirements of 
section 722(g)(7). 
‘‘(h) INFORMATION.— 
‘‘(1) IN GENERAL.—From funds appropriated 
under section 726, the Secretary shall, directly or 
through grants, contracts, or cooperative agree-
ments, periodically but no less frequently than every 
2 years, collect and disseminate publicly data and in-
formation regarding— 
‘‘(A) the number of homeless children and 
youths in all areas served by local educational 
agencies, including homeless children enrolled in 
preschool 
programs 
described 
in 
section 
722(g)(7)(A) and the type of living situation in 
which such children and youth are living when 
identified; 
‘‘(B) the education and related support 
services such children and youths receive; 
‘‘(C) the extent to which the needs of 
homeless children and youths are being met; 
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‘‘(D) the academic progress being made by 
homeless children and youths, including the 
percent or number of homeless children and 
youths participating in State assessments; and 
‘‘(E) such other data and information as 
the Secretary determines to be 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. 
‘‘(i) REPORT.—Not later than 4 years after the date 
of enactment of the Educational Success for Children and 
Youth Without Homes Act of 2009, the Secretary shall 
prepare and submit to the President and the Committee 
on Education and Labor of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the status of the provi-
sion of education and related support services to homeless 
children and youths, which shall include information on— 
‘‘(1) the education of homeless children and 
youths; and 
‘‘(2) the actions of the Secretary and the effec-
tiveness of the programs supported under this sub-
title. 
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‘‘SEC. 725. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en-
roll’ and ‘enrollment’ include attending classes and 
participating fully in school activities. 
‘‘(2) FORMERLY
COVERED
COUNTIES.—The 
term ‘formerly covered counties’ means, with respect 
to California, San Joaquin County, Orange County, 
and San Diego County, and with respect to Arizona, 
Maricopa County. 
‘‘(3) HOMELESS CHILDREN AND YOUTHS.—The 
term ‘homeless children and youths’— 
‘‘(A) means individuals who lack a fixed, 
regular, and adequate nighttime residence 
(within the meaning of section 103(a)(1)); and 
‘‘(B) includes— 
‘‘(i) children and youths who— 
‘‘(I) are sharing the housing of 
other persons due to loss of housing, 
economic hardship, or a similar rea-
son; 
‘‘(II) are living in motels, hotels, 
trailer parks, or camping grounds due 
to the lack of alternative adequate ac-
commodations; 
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‘‘(III) are living in emergency or 
transitional shelters; 
‘‘(IV) are abandoned in hospitals; 
or 
‘‘(V) are awaiting foster care 
placement; 
‘‘(ii) children and youths who have a 
primary nighttime residence that is a pub-
lic or private place not designed for or or-
dinarily used as a regular sleeping accom-
modation for human beings (within the 
meaning of section 103(a)(2)(C)); 
‘‘(iii) children and youths who are liv-
ing in cars, parks, public spaces, aban-
doned buildings, substandard housing, bus 
or train stations, or similar settings; and 
‘‘(iv) migratory children (as such term 
is defined in section 1309 of the Elemen-
tary and Secondary Education Act of 1965 
(20 U.S.C. 6399)) who qualify as homeless 
for the purposes of this subtitle because 
the children are living in circumstances de-
scribed in clauses (i) through (iii). 
‘‘(4) INCLUDE; INCLUDING.—The terms ‘in-
clude’ and ‘including’ mean that the items named 
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are not all of the possible items that are covered, 
whether like or unlike the items named. 
‘‘(5) LOCAL
EDUCATIONAL
AGENCY; STATE 
EDUCATIONAL
AGENCY.—The terms ‘local edu-
cational agency’ and ‘State educational agency’ have 
the meanings given such terms in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Education. 
‘‘(7) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘(8) UNACCOMPANIED YOUTH.—The term ‘un-
accompanied youth’ means a homeless child or youth 
not in the physical custody of a parent or legal 
guardian. 
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this subtitle, there 
are authorized to be appropriated to the Secretary 
$300,000,000 for fiscal year 2010 and such sums as may 
be necessary for each of fiscal years 2011 through 2016.’’. 
SEC. 3. CONFORMING AMENDMENTS. 
The Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended— 
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(1) in section 1111 (20 U.S.C. 6311)— 
(A) in subsection (b)(2), by adding at the 
end the following: 
‘‘(L) ACCOUNTABILITY
FOR
HOMELESS 
CHILDREN
AND
YOUTHS.—The accountability 
provisions under this Act shall ensure that 
homeless children and youths (as defined in sec-
tion 725(3) of the McKinney-Vento Homeless 
Assistance Act), are included in academic as-
sessment, reporting, and accountability systems, 
consistent with paragraph (3)(C)(xi). Notwith-
standing the requirements of subsection (i), the 
State is not required to disaggregate the assess-
ment results of homeless children and youths as 
a 
separate 
category 
under 
subparagraph 
(C)(v).’’; and 
(B) in subsection (c)— 
(i) in paragraph (13), by striking 
‘‘and’’ after the semicolon; 
(ii) in paragraph (14), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(15) the State will ensure that the require-
ments of subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act are satisfied.’’; 
(2) in section 1112 (20 U.S.C. 6312)— 
(A) by striking subsection (b)(1)(O) and 
inserting the following: 
‘‘(O) a description of— 
‘‘(i) how the local educational agency 
will ensure the enrollment, attendance, and 
success of homeless children and youths; 
‘‘(ii) the services the local educational 
agency will provide homeless children and 
youths, including services provided with 
funds reserved under section 1113(c)(3); 
‘‘(iii) the amount of funds reserved 
under section 1113(c)(3); 
‘‘(iv) the needs assessment conducted 
to determine the amount of funds reserved 
under section 1113(c)(3); 
‘‘(v) how the amount of funds re-
served under section 1113(c)(3) was deter-
mined and the amount of funds’ relation to 
the needs assessment; 
‘‘(vi) the collaborative role of the liai-
son 
designated 
pursuant 
to 
section 
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722(g)(1)(J)(ii) of the McKinney-Vento 
Homeless Assistance Act in determining 
the amount of funds reserved and the serv-
ices provided; and 
‘‘(vii) the services the local edu-
cational agency provided homeless children 
and youths in the previous academic year, 
including services provided with funds re-
served under section 1113(c)(3), an expla-
nation of any discrepancy between the an-
ticipated and actual use of funds, and an 
explanation 
of 
any 
unspent 
reserved 
funds;’’; and 
(B) in subsection (c)(1)— 
(i) in subparagraph (N), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (O), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(P) comply with the requirements of sub-
title B of title VII of the McKinney-Vento 
Homeless Assistance Act that relate to the local 
educational agency.’’; 
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(3) by striking section 1113(c)(3) (20 U.S.C. 
6313(c)(3)) and inserting the following: 
‘‘(3) RESERVATION.— 
‘‘(A) IN GENERAL.— 
‘‘(i) FUNDS
FOR
HOMELESS
CHIL-
DREN AND YOUTHS.—A local educational 
agency shall reserve funds under this part 
to assist homeless children and youths who 
are attending schools receiving assistance 
under section 1114 or 1115, or schools not 
receiving assistance under this part, in sat-
isfying the State’s academic achievement 
standards. 
‘‘(ii) 
HOMELESS
CHILDREN
AND 
YOUTHS.—In this paragraph, the term 
‘homeless children and youths’ has the 
meaning given the term in section 725(3) 
of the McKinney-Vento Homeless Assist-
ance Act. 
‘‘(B) USE
OF
FUNDS.—Notwithstanding 
the requirements of subsections (b) and (c) of 
section 1120A, funds reserved under subpara-
graph (A) may be used to provide homeless 
children and youths with services not ordinarily 
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provided to other students under this part, in-
cluding— 
‘‘(i) providing funding for the liaison 
designated 
pursuant 
to 
section 
722(g)(1)(J)(ii) of the McKinney-Vento 
Homeless Assistance Act; 
‘‘(ii) providing transportation pursu-
ant to section 722(g)(1)(J)(iii) of such 
Act; 
‘‘(iii) providing services to preschool- 
aged homeless children and homeless sec-
ondary school students; 
‘‘(iv) providing support services to 
homeless children and youths in shelters 
and other locations where they may live; 
and 
‘‘(v) removing barriers to homeless 
children and youths’ enrollment, attend-
ance, retention, and success in school. 
‘‘(C) AMOUNT RESERVED.—The amount of 
funds reserved under subparagraph (A) shall be 
determined collaboratively with the liaison des-
ignated pursuant to section 722(g)(1)(J)(ii) of 
the McKinney-Vento Homeless Assistance Act 
and based upon an assessment of the needs of 
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homeless children and youths in the local edu-
cational agency, including consideration of the 
following: 
‘‘(i) The percentage of students deter-
mined by the local educational agency to 
be from a low-income family using the 
measures described in subsection (a)(5). 
‘‘(ii) Available data related to child, 
youth, and family homelessness in the local 
educational agency, including data re-
ported to the Department of Housing and 
Urban Development, data reported to the 
Department of Health and Human Serv-
ices under the Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.), and 
data reported by Head Start, Early Head 
Start, and other preschool programs in the 
local educational agency. 
‘‘(iii) Information related to child, 
youth, and family homelessness in the local 
educational agency obtained through the 
coordination and collaboration required 
under subsections (f)(4) and (g)(5) of sec-
tion 722 of the McKinney-Vento Homeless 
Assistance Act. 
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homeless children and youths with non-homeless 
children and youths. 
‘‘(E) COMPARABLE
SERVICES.—A local 
educational agency shall reserve such funds as 
are necessary under this part to provide serv-
ices comparable to those provided to children in 
schools funded under this part to serve— 
‘‘(i) children in local institutions for 
neglected children; and 
‘‘(ii) if appropriate, children in local 
institutions for delinquent children, and 
neglected or delinquent children in commu-
nity day school programs.’’; 
(4) in section 1114(b)(1)(A) (20 U.S.C. 
6314(b)(1)(A)), by inserting ‘‘and homeless children 
and youths as defined in section 725(3) of the 
McKinney-Vento Homeless Assistance Act’’ before 
‘‘that is based on information’’; 
(5) by striking section 1115(b)(2)(E) (20 
U.S.C. 6315(b)(2)(E)) and inserting the following: 
‘‘(E) 
HOMELESS
CHILDREN
AND 
YOUTHS.—A child or youth who is homeless, as 
defined in section 725(3) of the McKinney- 
Vento Homeless Assistance Act, and attending 
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any school served by the local educational agen-
cy is eligible for services under this part.’’; 
(6) in section 1118(a)(2)(E) (20 U.S.C. 
6318(a)(2)(E)), by inserting ‘‘are homeless,’’ before 
‘‘are disabled’’; 
(7) in section 1118(f) (20 U.S.C. 6318(f)), by 
inserting ‘‘parents of homeless children,’’ before 
‘‘and parents of migratory children’’; 
(8) by striking section 1821(1) (20 U.S.C. 
6561(1)) and inserting the following: 
‘‘(1) LOW-INCOME STUDENT.—The term ‘low- 
income student’ means a student who is determined 
by a local educational agency to be from a low-in-
come family using the measures described in section 
1113(a)(5), or a student who is a homeless child or 
youth, as defined in section 725(3) of the McKinney- 
Vento Homeless Assistance Act.’’; 
(9) 
in 
section 
1822(b)(1) 
(20 
U.S.C. 
6561a(b)(1))— 
(A) by amending subparagraph (H) to 
read as follows: 
‘‘(H) counseling and mentoring for at-risk 
students, including students who are homeless 
children and youths, as defined in section 
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725(3) of the McKinney-Vento Homeless As-
sistance Act;’’; 
(B) in subparagraph (I), by striking ‘‘and’’ 
after the semicolon; 
(C) in subparagraph (J), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(K) outreach activities to locate and iden-
tify at-risk students, including homeless chil-
dren and youths, as defined in section 725(3) 
of the McKinney-Vento Homeless Assistance 
Act.’’; 
(10) 
in 
section 
1823(b)(1) 
(20 
U.S.C. 
6561b(b)(1))— 
(A) in subparagraph (F), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (G), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(H) describe how the strategies and ac-
tivities will include outreach and services to 
homeless children and youths, as defined in sec-
tion 725(3) of the McKinney-Vento Homeless 
Assistance Act.’’; 
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(11) in section 1825(1) (20 U.S.C. 6561d(1))— 
(A) in subparagraph (A), by inserting ‘‘, 
including homeless children and youths, as de-
fined in section 725(3) of the McKinney-Vento 
Homeless Assistance Act’’ after ‘‘at-risk stu-
dents’’; and 
(B) in subparagraph (B), by inserting ‘‘, 
homeless children and youths (as defined in sec-
tion 725(3) of the McKinney-Vento Homeless 
Assistance Act),’’ after ‘‘racial and ethnic mi-
norities’’; 
(12) in section 4203(a) (20 U.S.C. 7173(a))— 
(A) in paragraph (10), by inserting ‘‘, in-
cluding homeless children and youths (as de-
fined in section 725(3) of the McKinney-Vento 
Homeless Assistance Act),’’ after ‘‘participating 
students’’; 
(B) in paragraph (13)(B), by striking 
‘‘and’’ after the semicolon; 
(C) in paragraph (14), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(15) contains an assurance that the State edu-
cational agency will require eligible entities to de-
scribe in the entities’ applications under section 
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4204(b) how such entities will ensure the participa-
tion, attendance, and success of eligible homeless 
children and youths (as defined in section 725(3) of 
the McKinney-Vento Homeless Assistance Act), pay-
ing particular attention to the needs of unaccom-
panied youths.’’; and 
(13) in section 5203(b)(3)(L) (20 U.S.C. 
7221b(b)(3)(L)), by inserting before the semicolon 
at the end the following: ‘‘, and the local educational 
agency requirements under subtitle B of title VII of 
the McKinney-Vento Homeless Assistance Act’’. 
Æ 
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