I
107TH CONGRESS
1ST SESSION
H. R. 623
To provide funds to assist homeless children and youth.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mrs. BIGGERT (for herself, Mr. OSE, and Mr. FATTAH) introduced the fol-
lowing bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on Financial Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide funds to assist homeless children and youth.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘McKinney-Vento
Homeless Education Act of 2001’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness this year.
(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 4 times the rate of de-
layed development; and are twice as likely to repeat
a grade.
(3) Despite steady progress in school enroll-
ment and attendance resulting from the passage in
1987 of the Stewart B. McKinney Homeless Assist-
ance Act, homeless students still face numerous bar-
riers to education, including residency, guardianship
and registration requirements, as well as delays in
the transfer of school records, and inadequate trans-
portation service.
(4) Homeless youth face unique barriers in ac-
cessing education through the secondary level, par-
ticularly in instances where they have become sepa-
rated from the public school system.
(5) Homeless preschool age children, who may
benefit most dramatically from early childhood serv-
ices, are often overlooked.
(6) School is one of the few secure factors in
the lives of homeless children and youth, providing
stability, structure, and accomplishment during a
time of great upheaval.
(7) Homeless children and youth require edu-
cational stability and the opportunity to maintain
regular consistent attendance in school so that they
acquire the skills necessary to escape poverty and
lead productive, healthy lives as adults.
(8) In the 14 years since the passage of the
McKinney Act, educators and service providers have
learned much about policies and practices which help
remove the barriers described.
SEC. 3. PURPOSE.
The purpose of this title is to reauthorize and
strengthen subtitle B of title VI of the McKinney-Vento
Homeless Assistance Act by amending it—
(1) to include innovative practices, such as
those enacted in Illinois, proven to be effective in
helping homeless children and youth enroll, attend,
and succeed in school; and
(2) to ensure that all children and youth im-
pacted by the loss of fixed, regular, and adequate
housing receive a quality education and secure their
chance for a brighter future.
SEC. 4. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VI of the McKinney-Vento Home-
less Assistance Act 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 home-
less youth has equal access to the same free, appro-
priate public education, 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
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
school of homeless children and youth, the State re-
view and undertake steps to revise such laws, regula-
tions, practices, or policies to ensure that homeless
children and youth are afforded the same free, ap-
propriate public education as provided to other chil-
dren and youth;
‘‘(3) homelessness alone is not sufficient reason
to separate students from the mainstream school en-
vironment; and
‘‘(4) homeless children and youth must have ac-
cess to the education and other services need to en-
sure that such children and youth have an oppor-
tunity to meet the same challenging State student
performance standards 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 au-
thorized to make grants to States in accordance with the
provisions 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
submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such in-
formation 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
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 Sec-
ondary Education Act of 1965 to the State for that
year bears to the total amount allocated under sec-
tion 1122 to all States for that year, except that
in any fiscal year no State shall receive less than
$125,000 or one-half of 1 percent, 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 Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, according to their re-
spective need for assistance under this subtitle (as
the subtitle was then in effect), as determined by the
Secretary.
‘‘(B)(i) The Secretary is authorized to transfer
one percent of the amount appropriated for each fis-
cal year under section 726 to the Department of the
Interior for programs for Indian students served by
schools funded by the Secretary of the Interior, as
determined under the Indian Self-Determination and
Education Assistance Act, that are consistent with
the purposes of this subtitle.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
the requirements of this subtitle, 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 agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives,
and milestones.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in sec-
tion 721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool aged children,
and homeless youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of the
Coordinator 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
described 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) IN GENERAL.—
‘‘(A) DISTRIBUTION.—From the amount
made available each year to carry out this sub-
title, the State educational agency shall dis-
tribute not less than 75 percent of such amount
in subgrants to local educational agencies for
the purposes of carrying out section 723, except
that a State that receives the minimum amount
described in subsection (c)(1) shall distribute
not less than 50 percent in subgrants to local
educational agencies for the purposes of car-
rying out such section.
‘‘(B) STATE
USES
OF
FUNDS.—A State
educational agency may use funds made avail-
able for State use under this title to conduct ac-
tivities under subsection (f) directly or through
grants.
‘‘(2) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—In providing a free public education to
a homeless child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school, or in a separate
program within a school, based on such child or
youth’s status as homeless, except as provided in
section 723(a)(2)(B)(ii).
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
‘‘(1) gather, to the extent possible, reliable,
valid, and comprehensive information on the nature
and extent of the problems homeless children and
youth have in gaining access to public preschool pro-
grams and to public elementary and secondary
schools, the difficulties in identifying the special
needs of such children and youth, any progress made
by the State educational agency and local edu-
cational agencies in the State in addressing such
problems and difficulties, and the success of the pro-
gram under this subtitle in allowing homeless chil-
dren and youth to enroll in, attend, and succeed in,
school;
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(3) collect and transmit to the Secretary, in-
formation gathered pursuant to paragraphs (1) and
(2) at such time and in such manner as the Sec-
retary may require;
‘‘(4) identify any schools or programs that seg-
regate students as prohibited in subsection (e)(2),
provide technical assistance and support to local
educational agencies to assist them in removing any
barriers that may have resulted in the operation of
such segregated programs, and promptly integrate
homeless children and youth into the schools and
programs serving nonhomeless children and youth;
‘‘(5) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth;
‘‘(6) in order to improve the provision of com-
prehensive education and related services to home-
less children and youth and their families, coordinate
and collaborate with—
‘‘(A) educators, including child develop-
ment and preschool program personnel;
‘‘(B) providers of services to homeless and
runaway children and youth and homeless fami-
lies (including domestic violence agencies, shel-
ter operators, transitional housing facilities,
runaway and homeless youth centers, and tran-
sitional living programs for homeless youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) community organizations and groups
representing homeless children and youth and
their families; and
‘‘(7) provide technical assistance to local edu-
cational agencies, in coordination with local liaisons
established under this subtitle, to ensure that local
educational agencies comply with the requirements
of paragraphs (3) through (7) of subsection (g).
‘‘(g) STATE PLAN.—
‘‘(1) IN GENERAL.—Each State shall submit to
the Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall describe how such children and youth are
or will be given the opportunity to meet the same
challenging State student performance standards all
students are expected to meet, shall describe the
procedures the State educational agency will use to
identify such children and youth in the State and
to assess their special needs, and shall—
‘‘(A) describe procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youth;
‘‘(B) describe programs for school per-
sonnel (including principals, attendance officers,
teachers, and enrollment personnel), to heighten
the awareness of such personnel of the specific
needs of runaway and homeless youth;
‘‘(C) describe procedures that ensure that
homeless children and youth who meet the rel-
evant eligibility criteria are able to participate
in Federal, State, or local food programs;
‘‘(D) describe procedures that ensure
that—
‘‘(i) homeless children have equal ac-
cess to the same public preschool pro-
grams, administered by the State agency,
as provided to other children;
‘‘(ii) homeless youth, including unac-
companied youth, and youth separated
from the public schools are identified and
accorded equal access to appropriate sec-
ondary education and support services; and
‘‘(iii) homeless children and youth
who meet the relevant eligibility criteria
are able to participate in Federal, State, or
local before- and after-school care pro-
grams;
‘‘(E) address problems set forth in the in-
formation transmitted to the Secretary under
subsection (f)(3);
‘‘(F) address other problems with respect
to the education of homeless children and
youth, including problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused
by—
‘‘(I) immunization and health re-
quirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates,
school records, or other documenta-
tion;
‘‘(IV) guardianship issues; or
‘‘(V) uniform or dress code re-
quirements.
‘‘(G) demonstrate that the State edu-
cational agency and local educational agencies
in the State have developed, and shall review
and revise, policies to remove barriers to the en-
rollment and retention of homeless children and
youth in schools in the State; and
‘‘(H) contain assurances that—
‘‘(i) the State educational agency and
local educational agencies in the State will
adopt policies and practices to ensure that
homeless children and youth are not seg-
regated or stigmatized on the basis of their
status as homeless; and
‘‘(ii) such local educational agencies
will designate an appropriate staff person,
who may also be a coordinator for other
Federal programs, as a liaison for home-
less children and youth.
‘‘(2) COMPLIANCE.—
‘‘(A) IN
GENERAL.—Each plan adopted
under this subsection shall also describe how
the State will ensure that local educational
agencies throughout 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
compliance efforts will be coordinated with the
local liaisons established under this subtitle.
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—The local educational
agency of each child and youth to be assisted
under this subtitle shall, according to the child’s
or youth’s best interests, either—
‘‘(i) continue the child’s or youth’s
education in the school of origin for the
duration 
of 
the 
child’s 
or 
youth’s
homelessness—
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
demic years or during the academic
year; and
‘‘(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
school that nonhomeless students who live
in the attendance area in which the child
or youth is actually living are eligible to at-
tend.
‘‘(B) BEST
INTERESTS.—In determining
the best interests of the child or youth under
subparagraph (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, or, in the case of an unaccom-
panied youth, contrary to the youth’s wish;
and
‘‘(ii) provide a written explanation, in-
cluding a statement regarding the right to
appeal under subparagraph (E), to the
homeless child or youth’s parent or guard-
ian (or, in the case of an unaccompanied
youth, the youth) if the local educational
agency sends such child or youth to a
school other than the school of origin or
a school requested by the parent or guard-
ian (or, in the case of an unaccompanied
youth, the youth).
‘‘(C) ENROLLMENT.—(i) The school se-
lected in accordance with this paragraph shall
immediately enroll (as defined in section
725(2)) the homeless child or youth even if the
child or youth is unable to produce records nor-
mally required for enrollment, such as previous
academic 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. If the child or youth needs to obtain
immunizations, or immunization or health
records, the enrolling school, pursuant to para-
graph (6), shall promptly refer the child or
youth to the liaison, who shall assist in obtain-
ing necessary immunizations, or immunization
or health records.
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization
records, academic records, birth certificates,
guardianship records, and evaluations for spe-
cial 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 local educational
agency; and
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act.
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over selection or enrollment in a
school—
‘‘(i) the child or youth shall be admit-
ted immediately to the school in which the
parent or guardian (or, in the case of an
unaccompanied youth, the youth) seeks en-
rollment, pending resolution of the dispute;
‘‘(ii) the parent or guardian of the
child or youth (or, in the case of an unac-
companied youth, the youth) shall be pro-
vided with a written explanation of the
school’s decision regarding school selection
or enrollment, including rights of the par-
ent, guardian, or youth to appeal the deci-
sion; and
‘‘(iii) the child, youth, parent, or
guardian shall be referred to the local liai-
son, who shall carry out the State’s griev-
ance procedure as described in paragraph
(1)(A) not later than 7 days after receiving
notice 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 parent, or has been temporarily placed else-
where.
‘‘(G) CONTACT INFORMATION.—Nothing in
this subtitle shall prohibit a local educational
agency from requiring a parent or guardian of
a homeless child, or a homeless youth, to sub-
mit contact information required by the local
educational agency of a parent or guardian of
a nonhomeless child.
‘‘(H) DEFINITION.—For purposes of this
paragraph, the term ‘‘school of origin’’ means
the school that the child or youth attended
when permanently housed, or the school in
which the child or youth was last enrolled.
‘‘(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 according to
the provisions of paragraph (3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the
child or youth meets the eligibility criteria, such
as educational programs for children with dis-
abilities, and educational programs for students
with limited-English proficiency;
‘‘(C) programs in vocational education;
‘‘(D) programs for gifted and talented stu-
dents; and
‘‘(E) programs that provide meals to
schools.
‘‘(5) COORDINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency that receives assistance under this sub-
title shall coordinate—
‘‘(i) the provision of services under
this subtitle with local services agencies
and other agencies or programs providing
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) EXPEDITED ASSISTANCE.—Coordina-
tion of services under subparagraph (A) may
include—
‘‘(i) developing and implementing
methods for expediting assistance (such as
food, clothing, shelter, housing, eviction
prevention, and money) and services (such
as medical care, mental health treatment,
counseling, mentoring, day care, and rec-
reational activities) to homeless children
and youth and their families; and
‘‘(ii) when appropriate, developing
agreements with other programs to make
assistance and service to homeless students
and their families a priority, and devel-
oping a network for the prompt dissemina-
tion of information regarding educational
rights and opportunities, including existing
school programs and support services such
as magnet, specialized and alternative
school programs, open application periods
to gain entry to these programs, tutoring,
and special education and early interven-
tion services that may be accessed by
homeless students.
‘‘(C) HOUSING ASSISTANCE.—
‘‘(i) IN GENERAL.—If applicable, each
State and local educational agency in a
State that receives assistance under this
subtitle shall coordinate with State and
local housing agencies responsible for de-
veloping the comprehensive housing afford-
ability strategy described in section 105 of
the Cranston-Gonzales National Affordable
Housing Act (42 U.S.C. 12705) to provide
information regarding the impact and ex-
tent of homelessness on children and youth
in the community, to ensure adequate
planning, when feasible, to reduce the dis-
placement of children and youth, and to
minimize educational disruption for chil-
dren and youth who become homeless.
‘‘(ii) SHELTER.—Coordination of such
housing options shall be undertaken spe-
cifically with agencies responsible for the
planning, establishment, and funding of
shelter for homeless families and youth to
ensure that families and youth suffering
the loss of housing can access shelter in
reasonable proximity to the school of ori-
gin.
‘‘(D) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A),
(B), and (C) shall be designed—
‘‘(i) to ensure that homeless children
and youth have access and reasonable
proximity to available education and re-
lated support services; and
‘‘(ii) to 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 pursu-
ant to paragraph (1)(H)(ii), shall ensure that—
‘‘(i) homeless children and youth are
identified by school personnel and through
coordination activities with other entities
and agencies;
‘‘(ii) homeless children and youth en-
roll in, and have a full and equal oppor-
tunity to succeed in, schools of that agen-
cy;
‘‘(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 parent or guardian of a
homeless child or youth, and any unaccom-
panied youth, is fully informed of the edu-
cation and related opportunities available
to the child or youth and that the parent
or guardian is provided with meaningful
opportunities to participate in the edu-
cation of the child or youth;
‘‘(v) public notice of the educational
rights of such children and youth is dis-
seminated where such children and youth
receive services under this Act (such as
schools, shelters, and soup kitchens); and
‘‘(vi) enrollment disputes are mediated
in accordance with paragraph (3)(E).
‘‘(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.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) REVIEW
AND
REVISION
OF
POLI-
CIES.—Each State educational agency and local
educational agency shall review and revise any
policies that may act as barriers to the enroll-
ment of homeless children and youth in schools
selected in accordance 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, other documentation, guardianship,
and uniform or dress code requirements.
‘‘(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
section 722(c), make subgrants to local educational
agencies for the purpose of facilitating the enroll-
ment, attendance, and success in school of homeless
children 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 individuals with nonhomeless in-
dividuals; and
‘‘(iii) shall be designed to expand or
improve services provided as part of a
school’s regular academic program, but not
replace that 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-
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) shall not provide services in set-
tings within a school that segregates home-
less 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, 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 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 according to guidelines issued by the Sec-
retary. Each such application shall include—
‘‘(1) an assessment of the educational and re-
lated needs of homeless children and youth in such
agency (which may be undertaken as a part of needs
assessments for other disadvantaged groups), includ-
ing, for example, the particular needs of homeless
youth who have become separated from school and
may need special supports to enroll and succeed in
school, and preschool age children, including pre-en-
rollment requirements that act as a barrier to entry
into preschool programs;
‘‘(2) a description of the services and programs
for which assistance is sought and the problems to
be addressed through the provision of such services
and programs, including services and programs af-
fecting unaccompanied youth, youth separated from
school and preschool age children, including those in
need of early intervention services;
‘‘(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 come into com-
pliance with, paragraphs (3) through (7) of section
722(g); and
‘‘(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 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 722(c), 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-
tion, and educational success of homeless chil-
dren and youth;
‘‘(B) the extent to which the application
reflects coordination with other local and State
agencies that serve homeless children and
youth, and meets the requirements of section
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 edu-
cational agency 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;
‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(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 available services; and
‘‘(G) such other measures as the State
educational agency considers indicative of a
high-quality program.
‘‘(4) DURATION OF GRANTS.—Grants awarded
under this section shall be for terms not to exceed
three years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for ac-
tivities to carry out the purpose of this subtitle,
including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State student performance standards the State es-
tablishes for other children or youth;
‘‘(2) the provision of expedited evaluations of
the strengths and needs of homeless children and
youth, including needs and eligibility for programs
and services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational education,
and school meals 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 personnel to the needs of homeless
children and youth, the rights of such children and
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(4) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(5) the provision of assistance to defray the
excess cost of transportation for students pursuant
to section 722(g)(4)(A), not otherwise provided
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, including
unaccompanied youth, in public school programs and
services provided to nonhomeless youth;
‘‘(8) the provision of before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
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 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 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 subsection (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 and uni-
forms, including those supplies to be distributed at
shelters or temporary housing facilities, or other ap-
propriate locations; and
‘‘(16) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State
plan submitted by a State educational agency under 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.
‘‘(c) NOTICE.—The Secretary shall, before the next
school year that begins after the date of the enactment
of the McKinney-Vento Homeless Education Act of 2001,
create 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 homeless projects, emer-
gency food and shelter grantees, and homeless assistance
programs administered by the Department of Housing
and Urban Development.
‘‘(d) EVALUATION AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs
of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to 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—
‘‘(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) COLLECTION AND DISSEMINATION OF IN-
FORMATION.—The Secretary shall coordinate such
collection and dissemination with other agencies and
entities that receive assistance and administer pro-
grams under this subtitle.
‘‘(h) REPORT.—Not later than 4 years after the date
of the enactment of the McKinney-Vento Homeless Edu-
cation Act of 2001, the Secretary shall prepare and submit
to the President and appropriate committees of the House
of Representatives and the Senate a report on the status
of education of homeless youth and children, which shall
include information on—
‘‘(1) the education of homeless children and
youth; and
‘‘(2) the actions of the Department of Edu-
cation and the effectiveness of the programs sup-
ported under this subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘For the purpose of this subtitle, unless otherwise
stated, the following terms have the following meanings:
‘‘(1) The term ‘homeless children and youth’
means individuals who lack a fixed, regular, and
adequate nighttime residence (within the meaning of
section 103(a)(1)). The term includes children and
youth who are living in doubled-up accommodations
sharing the housing of another due to loss of hous-
ing, economic hardship or a similar reason, are liv-
ing in motels, hotels, trailer parks, or camping
grounds due to the lack of alternative adequate ac-
commodations, are living in emergency or transi-
tional shelters, are abandoned in hospitals, or are
awaiting foster care placement. The term includes
individuals who have a primary nighttime residence
that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation
for human beings (within the meaning of section
103(2)(C)). The term also includes children and
youth who are living in cars, parks, public spaces,
abandoned buildings or substandard housing, bus or
train stations, or similar settings.
‘‘(2) The terms ‘enroll’ and ‘enrollment’ include
within their meaning, the right to actually attend
school.
‘‘(3) The terms ‘local educational agency’ and
‘State educational agency’ have the same meaning
given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
8801 et seq.).
‘‘(4) The term ‘Secretary’ means the Secretary
of Education.
‘‘(5) 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 $90,000,000 for fiscal
year 2002 and such sums as may be necessary for each
of fiscal years 2003 through 2006.’’.
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