42 U.S.C. § 11434 (THE PUBLIC HEALTH AND WELFARE)
§ 11434. Secretarial responsibilities
(a) Review of State plans
In reviewing the State plan submitted by a State educational agency under section 11432(g) of this title, the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of 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 a State educational agency to assist such agency in carrying out its responsibilities under this part, if requested by the State educational agency.
(c) Notice
The Secretary shall, before the next school year that begins after January 8, 2002, create and disseminate nationwide a public notice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emergency Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.
(d) Evaluation and dissemination
The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.
(e) Submission and distribution
The Secretary shall require applications for grants under this part 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 Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h) of this section, shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education, as described in section 11431(1) of this title.
(g) Guidelines
The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after January 8, 2002, school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe—
(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and youths in school; and
(2) how a State can review the State’s requirements regarding immunization and medical or school records and make such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school immediately.
(h) Information
(1) In general
From funds appropriated under section 11435 of this title, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding—
(A) the number and location of homeless children and youths;
(B) the education and related services such children and youths receive;
(C) the extent to which the needs of homeless children and youths are being met; and
(D) such other data and information as the Secretary determines to be necessary and relevant to carry out this part.
(2) Coordination
The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this part.
(i) Report
Not later than 4 years after January 8, 2002, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of 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 effectiveness of the programs supported under this part.
(Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2004.)
heading: Prior Provisions
text: A prior section 11434, Pub. L. 100–77, title VII, § 724, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3964, related to Secretarial responsibilities, prior to the general amendment of this part by Pub. L. 107–110.
Another prior section 11434, Pub. L. 100–77, title VII, § 724, July 22, 1987, 101 Stat. 528; Pub. L. 101–645, title VI, § 612(d), Nov. 29, 1990, 104 Stat. 4742, related to national responsibilities, prior to the general amendment of this part by Pub. L. 103–382.