I 
112TH CONGRESS 
1ST SESSION H. R. 1253 
To amend subtitle B of title VII of the McKinney-Vento Homeless Assistance 
Act to provide education for homeless children and youths, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2011 
Mrs. BIGGERT (for herself, Mr. GRIJALVA, and Mr. KILDEE) introduced the 
following 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 amend subtitle B of title VII of the McKinney-Vento 
Homeless Assistance Act to provide education for home-
less children and youths, and for other purposes. 
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 ‘‘Educational Success 
for Children and Youth Without Homes Act of 2011’’. 
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SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND 
YOUTHS. 
Subtitle B of title VII of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11431 et seq.) is amended 
to read as follows: 
‘‘Subtitle B—Education for 
Homeless Children and Youths 
‘‘SEC. 721. STATEMENT OF POLICY. 
‘‘The following is the policy of Congress: 
‘‘(1) Each State and local educational agency 
shall ensure that each homeless child and youth has 
access to the same free appropriate public education, 
including a public preschool education, as is provided 
to other children and youths. 
‘‘(2) In any State where compulsory residency 
requirements or other requirements of laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies shall review and re-
vise such laws, regulations, practices, or policies to 
ensure that homeless children and youths are af-
forded the same free appropriate public education as 
is provided to other children and youths. 
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‘‘(3) Homelessness is not a sufficient reason to 
separate students from the mainstream school envi-
ronment. 
‘‘(4) Homeless children and youths shall have 
access to the education and other services that such 
children and youths need to ensure that such chil-
dren and youths have an opportunity to meet the 
same challenging State student academic achieve-
ment standards to which all students are held. 
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to make grants to States in accordance with the pro-
visions of this section to enable such States to carry 
out the activities described in subsections (d) 
through (g). 
‘‘(2) EMERGENCY DISASTER GRANTS.— 
‘‘(A) IN GENERAL.—In addition to sums 
authorized by section 726, there are authorized 
to be appropriated to the Secretary such addi-
tional sums as may be necessary to distribute 
to local educational agencies directly or through 
the Office of Coordinator for Education of 
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Homeless Children and Youths in a State edu-
cational agency as emergency disaster grants, 
to increase local educational agencies’ capacity 
to respond to major disasters. 
‘‘(B) ELIGIBILITY
FOR
GRANT.—Emer-
gency disaster grant funds shall be made avail-
able, based on demonstrated need, to local edu-
cational agencies whose enrollment of homeless 
children and youth has increased as a result of 
hurricanes, floods, and other natural disasters 
for which the President declared a major dis-
aster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
of 1974. 
‘‘(C) DISTRIBUTION
OF
GRANTS.—Not-
withstanding subsection (c) or section 724(e), 
the Secretary shall distribute emergency dis-
aster grants— 
‘‘(i) to State or local educational 
agencies in amounts determined by the 
Secretary and related to the increase in en-
rollment of homeless children and youth as 
a result of a major disaster; and 
‘‘(ii) expeditiously, in no case later 
than 75 days after such funds are appro-
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priated to the Secretary, and in a manner 
which enables local educational agencies to 
use such funds for the immediate needs of 
disaster response and ongoing disaster re-
covery. 
‘‘(D) USE
OF
FUNDS.—Emergency dis-
aster grant funds shall be used to carry out the 
activities described in section 723(d). 
‘‘(b) APPLICATION.—In order for a State to be eligi-
ble to receive a grant under subsection (a)(1), the State 
educational agency, in consultation with other relevant 
State agencies, shall submit an application to the Sec-
retary at such time, in such manner, and containing or 
accompanied by such information as the Secretary may 
reasonably require. 
‘‘(c) ALLOCATION AND RESERVATIONS.— 
‘‘(1) ALLOCATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), 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 that remains after the Sec-
retary reserves funds under paragraph (2) and 
uses funds to carry out section 724 (d) and (h), 
as the amount allocated under section 1122 of 
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the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6332) to the State for that 
year bears to the total amount allocated under 
section 1122 of such Act to all States for that 
year, except as provided in subparagraph (B). 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
shall receive less under this paragraph than the 
greater of— 
‘‘(i) $300,000; or 
‘‘(ii) one-fourth of 1 percent of the 
amount appropriated under section 726 for 
that year. 
‘‘(C) RATABLE REDUCTION FOR INSUFFI-
CIENT FUNDS.—If there are insufficient funds 
in a fiscal year to allot to each State the min-
imum amount under subparagraph (B), the 
Secretary shall ratably reduce the allotments to 
all States based on the proportionate share that 
each State received under this subsection for 
the preceding fiscal year. 
‘‘(2) RESERVATIONS.— 
‘‘(A) STUDENTS
IN
TERRITORIES.—The 
Secretary is authorized to reserve 0.1 percent of 
the amount appropriated for each fiscal year 
under section 726 to be allocated by the Sec-
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retary among the United States Virgin Islands, 
Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands, ac-
cording to their respective needs for assistance 
under this subtitle, as determined by the Sec-
retary. Funds allocated under this subpara-
graph shall be used for programs that are con-
sistent with the purposes of the programs de-
scribed in this subtitle. 
‘‘(B) INDIAN STUDENTS.— 
‘‘(i) TRANSFER.—The Secretary shall 
transfer 1 percent of the amount appro-
priated for each fiscal year under section 
726 to the Department of the Interior for 
programs that are for Indian students 
served by schools funded by the Secretary 
of the Interior, as determined under the 
Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), 
and that are consistent with the purposes 
of the programs described in this subtitle. 
‘‘(ii) AGREEMENT.—The Secretary of 
Education and the Secretary of the Inte-
rior shall enter into an agreement, con-
sistent with the requirements of this sub-
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title, for the distribution and use of the 
funds described in clause (i) under terms 
that the Secretary of Education determines 
best meet the purposes of the programs de-
scribed in this subtitle. Such agreement 
shall set forth the plans of the Secretary of 
the Interior for the use of the funds trans-
ferred, including appropriate goals, objec-
tives, and milestones for that use. 
‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 
made to a State under subsection (a)(1) shall be used for 
the following: 
‘‘(1) To carry out the policies set forth in sec-
tion 721 in the State. 
‘‘(2) To provide activities and services to im-
prove the identification of homeless children and 
youths and enable such children and youths to enroll 
in, attend, and succeed in school and preschool pro-
grams. 
‘‘(3) To establish or designate an Office of the 
Coordinator for Education of Homeless Children and 
Youths in the State educational agency in accord-
ance with subsection (f) that has sufficient capacity, 
resources, and support to carry out the duties de-
scribed in this subtitle. 
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‘‘(4) To prepare and carry out the State plan 
described in subsection (g). 
‘‘(5) To develop and implement professional de-
velopment activities for liaisons designated under 
subsection (g)(1)(J)(ii), other local educational agen-
cy and school personnel, and community agencies— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific problems in the 
education of homeless children and youths. 
‘‘(e) STATE AND LOCAL SUBGRANTS.— 
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 
From the grant funds made available each year to 
a State under subsection (a)(1) to carry out this 
subtitle, the State educational agency shall dis-
tribute not less than 75 percent by making sub-
grants under section 723 to local educational agen-
cies for the purposes of carrying out section 723. 
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 
From the remainder of those grant funds, a State 
educational agency may use amounts to conduct ac-
tivities under subsection (f) directly or through 
grants or contracts. 
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‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1)(A) gather and make publicly available reli-
able, valid, and comprehensive information— 
‘‘(i) on the number of homeless children 
and youths identified in the State; 
‘‘(ii) on the nature and extent of the prob-
lems homeless children and youths have in gain-
ing access to public preschool programs and to 
public 
elementary 
schools 
and 
secondary 
schools; 
‘‘(iii) on the difficulties in identifying the 
special needs and barriers to participation and 
achievement of such children and youths; 
‘‘(iv) on any progress made by the State 
educational agency and local educational agen-
cies in the State in addressing such problems 
and difficulties; and 
‘‘(v) describing subgrants awarded under 
this subtitle, and the success of the programs 
under this subtitle in identifying homeless chil-
dren and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; and 
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‘‘(B) ensure that a report indicating the num-
bers of homeless children and youths identified by 
each local educational agency in the State shall be 
posted annually on the State educational agency’s 
website; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, reports containing such informa-
tion as the Secretary determines is necessary to as-
sess the educational needs of all homeless children 
and youths within the State, including data re-
quested pursuant to subsection (h) of section 724; 
‘‘(4) in order to improve identification of home-
less children and youths and to improve the provi-
sion of comprehensive education and related support 
services to homeless children and youths and their 
families, and to minimize educational disruption, co-
ordinate activities, and collaborate with— 
‘‘(A) educators, including special education 
personnel, child development and preschool pro-
gram personnel, truancy, attendance, and drop-
out prevention personnel, and personnel from 
programs provided under titles I, III, and IV of 
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the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq., 6801 et seq., 
and 7101 et seq.) and similar State programs; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; 
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‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(F) relevant State agencies and task 
forces, such as State interagency councils on 
homelessness, State agencies administering 
higher education programs and councils for 
higher education, State housing agencies, emer-
gency and disaster response teams, State Head 
Start collaboration offices, and State advisory 
panels and State interagency coordinating coun-
cils convened under parts B and C of the Indi-
viduals With Disabilities Education Act (20 
U.S.C. 1411 et seq., 1431 et seq.); and 
‘‘(G) the Coordinators for Education of 
Homeless Children and Youths in other States, 
including adjacent States; 
‘‘(5) provide professional development and tech-
nical assistance to and conduct monitoring of local 
educational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of paragraphs (3) 
through (7) of subsection (g), and subsection (h); 
and 
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‘‘(6) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle. 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Secretary and carry out a plan to provide for 
education and related support services for all home-
less children and youths within the State. Such plan 
shall include the following: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same challenging State stu-
dent academic achievement standards as all stu-
dents are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use, in coordina-
tion with local educational agencies, to identify 
all such children and youths in the State and 
to assess their special needs. 
‘‘(C) A description of procedures for the 
prompt resolution of disputes arising under this 
subtitle, which shall— 
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‘‘(i) ensure that local educational 
agencies have developed dispute resolution 
procedures which, at a minimum— 
‘‘(I) are developed in coordina-
tion and collaboration with the liai-
sons designated under subparagraph 
(J)(ii); 
‘‘(II) are accessible to parents 
and guardians of homeless children 
and youths, and to unaccompanied 
youths; 
‘‘(III) 
provide 
such 
parents, 
guardians, and unaccompanied youths 
with sufficient opportunity to present 
their complaints; and 
‘‘(IV) designate decisionmakers 
who are fair and impartial and have 
received training on the requirements 
of this subtitle; 
‘‘(ii) ensure that parents and guard-
ians of homeless children and youths, and 
unaccompanied youths, who have ex-
hausted the procedures available under 
clause (i) are able to appeal to the State 
educational agency, which shall render de-
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cisions that are binding on the relevant 
local educational agencies; 
‘‘(iii) define the role of the Coordi-
nator for Education of Homeless Children 
and Youths in resolving disputes under 
this subtitle appealed to the State edu-
cational agency; 
‘‘(iv) include procedures to resolve 
promptly disputes under this subtitle be-
tween local educational agencies; 
‘‘(v) ensure that homeless children 
and youths are enrolled in school pursuant 
to paragraph (3)(E) and receive transpor-
tation pursuant to subparagraph (J)(iii) 
pending final resolution of disputes, includ-
ing resolution through all available local 
and State dispute resolution procedures 
and pending legal actions, paying par-
ticular attention to ensuring enrollment in 
cases of disputes between local educational 
agencies; and 
‘‘(vi) include procedures for State 
educational agencies or local educational 
agencies to determine the need for, and en-
sure the delivery of, additional academic 
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support in cases in which a local edu-
cational agency has unlawfully denied a 
student access to school or school services, 
including transportation. 
‘‘(D) A description of programs for school 
and other local educational agency personnel 
(including the liaisons, principals, attendance 
officers, teachers, enrollment personnel, and 
pupil services personnel) to heighten the aware-
ness of such personnel of the specific needs of 
homeless adolescents, including runaway and 
homeless youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths are able 
to participate in Federal, State, or local nutri-
tion programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have access to 
public preschool programs, administered by 
the State educational agency or local edu-
cational agency, including through the poli-
cies and practices required under para-
graph (7); 
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‘‘(ii) 
homeless 
youths, 
including 
youths separated from public schools, are 
identified and accorded access to appro-
priate secondary education and related 
support services, including through the im-
plementation of policies and practices to 
ensure that such youths are— 
‘‘(I) able to receive credit for full 
or partial coursework satisfactorily 
completed while attending a prior 
school; 
‘‘(II) are afforded opportunities 
to recover credits lost during periods 
of homelessness; and 
‘‘(III) are not penalized for ab-
sences related to homelessness and 
are allowed to receive credit for work 
completed after their enrollment; and 
‘‘(iii) homeless children and youths 
who meet the relevant eligibility criteria 
have access to magnet school, summer 
school, vocational and technical education, 
advanced placement, online learning oppor-
tunities, and charter school programs. 
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‘‘(G) Strategies to address problems identi-
fied in the reports provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including enrollment problems 
related to— 
‘‘(i) immunization and other required 
health records and screenings; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
‘‘(I) A demonstration that the State edu-
cational agency, and local educational agencies 
and schools in the State, regularly review and 
revise their policies and practices to remove 
barriers to the identification, enrollment, at-
tendance, retention, and success of homeless 
children and youths in schools and public pre-
school programs in the State. 
‘‘(J) Assurances that the following will be 
carried out: 
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‘‘(i) PREVENTION
OF
STIGMAS
AND 
SEGREGATION.—The 
State 
educational 
agency and local educational agencies in 
the State will adopt policies and practices 
to ensure that homeless children and 
youths are not stigmatized or segregated 
on the basis of their status as homeless. 
‘‘(ii) 
LIAISON.—Local 
educational 
agencies will designate a staff person as 
the local educational agency liaison for 
homeless children and youths, who shall 
have sufficient training, resources, and 
time to carry out the duties described in 
paragraph (6), and who may also be a co-
ordinator for other Federal programs. 
‘‘(iii) 
PROVISION
OF
TRANSPOR-
TATION.—The State and local educational 
agencies will adopt policies and practices to 
ensure that appropriate transportation 
suitable for the needs of the child or youth 
is provided expeditiously, at the request of 
the parent or guardian involved (or in the 
case of an unaccompanied youth, the liai-
son), to and from the school of origin (as 
defined in paragraph (3)(J)), for as long 
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as the student has the right to attend the 
school of origin as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) WITHIN
ONE
LOCAL
EDU-
CATIONAL
AGENCY.—If the child or 
youth continues to live in the area 
served by the local educational agency 
for the school of origin, the child’s or 
youth’s transportation to and from 
the school of origin shall be provided 
or arranged by the local educational 
agency for the school of origin. 
‘‘(II) INVOLVING
MORE
THAN 
ONE LOCAL EDUCATIONAL AGENCY.— 
If the child’s or youth’s living ar-
rangements in the area served by the 
local educational agency of origin ter-
minate and the child or youth, though 
continuing the child’s or youth’s edu-
cation in the school of origin, begins 
living in an area served by another 
local educational agency, the local 
educational agency of origin and the 
local educational agency for the area 
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in which the child or youth is living 
shall share equally the cost and re-
sponsibility for providing transpor-
tation to and from the school of origin 
unless the agencies agree upon an-
other method to apportion cost and 
responsibility, or the State educational 
agency has devised another method to 
apportion 
cost 
and 
responsibility 
among local educational agencies. 
‘‘(iv) SCHOOL
SUCCESS.—The State 
educational agency and local educational 
agencies will adopt policies and practices to 
promote school success for homeless chil-
dren and youths, including by— 
‘‘(I) ensuring that homeless chil-
dren and youths have opportunities to 
meet the same challenging State stu-
dent academic achievement standards 
to which other students are held; 
‘‘(II) ensuring that homeless chil-
dren and youths are able to partici-
pate fully in all classes and school ac-
tivities, including extracurricular ac-
tivities, athletic activities for which 
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