42 U.S.C. § 11433 (THE PUBLIC HEALTH AND WELFARE)
§ 11433. Local educational agency subgrants for the education of homeless children and youths
(a) General authority
(1) In general
The State educational agency shall, in accordance with section 11432(e) of this title, and from amounts made available to such agency under section 11435 of this title, make subgrants to local educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children and youths.
(2) Services
(A) In general
Services under paragraph (1)—
(i) may be provided through programs on school grounds or at other facilities;
(ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youths with nonhomeless children and youths; and
(iii) shall be designed to expand or improve services provided as part of a school’s regular academic program, but not to replace such services provided under such program.
(B) Services on school grounds
If services under paragraph (1) are provided on school grounds, schools—
(i) may use funds under this part to provide the same services to other children and youths who are determined by the local educational agency to be at risk of failing in, or dropping out of, school, subject to the requirements of clause (ii); and
(ii) except as otherwise provided in section 11432(e)(3)(B) of this title, shall not provide services in settings within a school that segregate homeless children and youths from other children and youths, except as necessary for short periods of time—
(I) for health and safety emergencies; or
(II) to provide temporary, special, and supplementary services to meet the unique needs of homeless children and youths.
(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 regular academic program.
(b) Application
A local educational agency that desires to receive a subgrant under this section shall submit 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 reasonably require. Such application shall include the following:
(1) An assessment of the educational and related needs of homeless children and youths in the area served by such agency (which may be undertaken as part of needs assessments for other disadvantaged groups).
(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1).
(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made, was not less than 90 percent of such combined 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 11432(g) of this title.
(5) A description of policies and procedures, consistent with section 11432(e)(3) of this title, that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youths.
(c) Awards
(1) In general
The State educational agency shall, in accordance with the requirements of this part and from amounts made available to it under section 11435 of this title, make competitive subgrants to local educational agencies that submit applications under subsection (b) of this section. Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this part and the quality of the applications submitted.
(2) Need
In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youths enrolled in preschool, elementary, 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 educational agency to meet such needs. The State educational agency may also consider the following:
(A) The extent to which the proposed use of funds will facilitate the enrollment, retention, and educational success of homeless children and youths.
(B) The extent to which the application—
(i) reflects coordination with other local and State agencies that serve homeless children and youths; and
(ii) describes how the applicant will meet the requirements of section 11432(g)(3) of this title.
(C) The extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youths.
(D) Such other criteria as the State agency determines appropriate.
(3) Quality
In determining the quality of applications under paragraph (1), the State educational agency shall consider the following:
(A) The applicant’s needs assessment under subsection (b)(1) of this section 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 program.
(C) The involvement of parents or guardians of homeless children or youths in the education of their children.
(D) The extent to which homeless children and youths will be integrated within the regular education program.
(E) The quality of the applicant’s evaluation plan for the program.
(F) The extent to which services provided under this part will be coordinated with other services available to homeless children and youths and their families.
(G) Such other measures as the State educational agency considers indicative of a high-quality program, such as the extent to which the local educational agency will provide case management or related services to unaccompanied youths.
(4) Duration of grants
Grants awarded under this section shall be for terms not to exceed 3 years.
(d) Authorized activities
A local educational agency may use funds awarded under this section for activities that carry out the purpose of this part, including the following:
(1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State academic content standards and challenging State student academic achievement standards the State establishes for other children and youths.
(2) The provision of expedited evaluations of the strengths and needs of homeless children and youths, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, services provided under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] or similar State or local programs, programs in vocational and technical education, and school nutrition programs).
(3) Professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless children and youths, the rights of such children and youths under this part, and the specific educational needs of runaway and homeless youths.
(4) The provision of referral services to homeless children and youths for medical, dental, mental, and other health services.
(5) The provision of assistance to defray the excess cost of transportation for students under section 11432(g)(4)(A) of this title, not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 11432(g)(3) of this title.
(6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschool-aged homeless children.
(7) The provision of services and assistance to attract, engage, and retain homeless children and youths, and unaccompanied youths, in public school programs 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 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 transferring records necessary to enroll homeless children and youths in school, including birth certificates, immunization or medical 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 children and youths.
(11) The development of coordination between schools and agencies providing services to homeless children and youths, as described in section 11432(g)(5) of this title.
(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 youths that may arise from domestic violence.
(14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) of this section to provide services under this subsection.
(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations.
(16) The provision of other extraordinary or emergency assistance needed to enable homeless children and youths to attend school.
(Pub. L. 100–77, title VII, § 723, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2001; amended Pub. L. 114–95, title IX, § 9103, Dec. 10, 2015, 129 Stat. 2134.)
heading: Amendment of Section
text: Pub. L. 114–95, title IX, §§ 9103, 9107, Dec. 10, 2015, 129 Stat. 2134, 2137, provided that, effective Oct. 1, 2016, this section is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “facilitating the enrollment,” and inserting “facilitating the identification, enrollment,”;
(B) in paragraph (2)(B), in the matter preceding clause (i), by inserting “the related” before “schools”; and
(C) by adding at the end the following:
“(4) Duration of grants.—
Subgrants made under this section shall be for terms of not to exceed 3 years.”;
(2) in subsection (b), by adding at the end the following:
“(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 11432(f) of this title.
“(7) An assurance that the local educational agency will meet the requirements of section 11432(g)(3) of this title.”;
(3) in subsection (c)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking “preschool, elementary, and secondary schools” and inserting “early childhood education and other preschool programs, elementary schools, and secondary schools,”;
(ii) in subparagraph (A), by inserting “identification,” before “enrollment,”;
(iii) in subparagraph (B), by striking “application—” and all that follows and inserting “application reflects coordination with other local and State agencies that serve homeless children and youths.”; and
(iv) in subparagraph (C), by inserting “(as of the date of submission of the application)” after “practice”;
(B) in paragraph (3)—
(i) in subparagraph (C), by inserting “extent to which the applicant will promote meaningful” after “The”;
(ii) in subparagraph (D), by striking “within” and inserting “into”;
(iii) by redesignating subparagraph (G) as subparagraph (I);
(iv) by inserting after subparagraph (F) the following:
“(G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 11432(g)(1)(J)(ii) of this title and the provision of transportation.
“(H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)).”; and
(v) in subparagraph (I), as redesignated by clause (iii), by striking “Such” and inserting “The extent to which the applicant’s program meets such”; and
(C) by striking paragraph (4); and
(4) in subsection (d)—
(A) in paragraph (1), by striking “the same challenging State academic content standards and challenging State student academic achievement standards” and inserting “the same challenging State academic standards as”;
(B) in paragraph (2)—
(i) by striking “students with limited English proficiency” and inserting “English learners”; and
(ii) by striking “vocational” and inserting “career”;
(C) in paragraph (3), by striking “pupil services” and inserting “specialized instructional support”;
(D) in paragraph (7), by striking “and unaccompanied youths,” and inserting “particularly homeless children and youths who are not enrolled in school,”;
(E) in paragraph (9) by striking “medical” and inserting “other required health”;
(F) in paragraph (10)—
(i) by striking “parents” and inserting “parents and guardians”; and
(ii) by inserting before the period at the end “, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or youths”;
(G) in paragraph (12), by striking “pupil services” and inserting “specialized instructional support services”;
(H) in paragraph (13), by inserting before the period at the end “and parental mental health or substance abuse problems”; and
(I) in paragraph (16), by inserting before the period at the end “and participate fully in school activities”.
See 2015 Amendment notes below.
heading: References in Text
text: The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.
heading: Prior Provisions
text: A prior section 11433, Pub. L. 100–77, title VII, § 723, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3962, related to local educational agency grants for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 107–110.
Another prior section 11433, Pub. L. 100–77, title VII, § 723, July 22, 1987, 101 Stat. 527; Pub. L. 100–628, title VII, § 702(b), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, § 612(c), Nov. 29, 1990, 104 Stat. 4739, related to local educational agency grants for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 103–382.
heading: Amendments
text: 2015—Subsec. (a)(1). Pub. L. 114–95, § 9103(1)(A), substituted “facilitating the identification, enrollment,” for “facilitating the enrollment,”.
Subsec. (a)(2)(B). Pub. L. 114–95, § 9103(1)(B), inserted “the related” before “schools” in introductory provisions.
Subsec. (a)(4). Pub. L. 114–95, § 9103(1)(C), added par. (4).
Subsec. (b)(6), (7). Pub. L. 114–95, § 9103(2), added pars. (6) and (7).
Subsec. (c)(2). Pub. L. 114–95, § 9103(3)(A)(i), substituted “early childhood education and other preschool programs, elementary schools, and secondary schools,” for “preschool, elementary, and secondary schools” in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 114–95, § 9103(3)(A)(ii), inserted “identification,” before “enrollment,”.
Subsec. (c)(2)(B). Pub. L. 114–95, § 9103(3)(A)(iii), substituted “application reflects coordination with other local and State agencies that serve homeless children and youths.” for “application—
“(i) reflects coordination with other local and State agencies that serve homeless children and youths; and
“(ii) describes how the applicant will meet the requirements of section 11432(g)(3) of this title.”
Subsec. (c)(2)(C). Pub. L. 114–95, § 9103(3)(A)(iv), inserted “(as of the date of submission of the application)” after “practice”.
Subsec. (c)(3)(C). Pub. L. 114–95, § 9103(3)(B)(i), inserted “extent to which the applicant will promote meaningful” after “The”.
Subsec. (c)(3)(D). Pub. L. 114–95, § 9103(3)(B)(ii), substituted “into” for “within”.
Subsec. (c)(3)(G), (H). Pub. L. 114–95, § 9103(3)(B)(iv), added subpars. (G) and (H). Former subpar. (G) redesignated (I).
Subsec. (c)(3)(I). Pub. L. 114–95, § 9103(3)(B)(iii), (v), redesignated subpar. (G) as (I) and substituted “The extent to which the applicant’s program meets such” for “Such”.
Subsec. (c)(4). Pub. L. 114–95, § 9103(3)(C), struck out par. (4). Text read as follows: “Grants awarded under this section shall be for terms not to exceed 3 years.”
Subsec. (d)(1). Pub. L. 114–95, § 9103(4)(A), substituted “the same challenging State academic standards as” for “the same challenging State academic content standards and challenging State student academic achievement standards”.
Subsec. (d)(2). Pub. L. 114–95, § 9103(4)(B), substituted “English learners” for “students with limited English proficiency” and “career” for “vocational”.
Subsec. (d)(3). Pub. L. 114–95, § 9103(4)(C), substituted “specialized instructional support” for “pupil services”.
Subsec. (d)(7). Pub. L. 114–95, § 9103(4)(D), substituted “particularly homeless children and youths who are not enrolled in school,” for “and unaccompanied youths,”.
Subsec. (d)(9). Pub. L. 114–95, § 9103(4)(E), substituted “other required health” for “medical”.
Subsec. (d)(10). Pub. L. 114–95, § 9103(4)(F), substituted “parents and guardians” for “parents” and inserted before period at end “, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or youths”.
Subsec. (d)(12). Pub. L. 114–95, § 9103(4)(G), substituted “specialized instructional support services” for “pupil services”.
Subsec. (d)(13). Pub. L. 114–95, § 9103(4)(H), inserted before period at end “and parental mental health or substance abuse problems”.
Subsec. (d)(16). Pub. L. 114–95, § 9103(4)(I), inserted before period at end “and participate fully in school activities”.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–95 effective Oct. 1, 2016, see section 9107 of Pub. L. 114–95, set out as a note under section 11431 of this title.