
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11431]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                  SUBCHAPTER VI--EDUCATION AND TRAINING
 
            Part B--Education for Homeless Children and Youth
 
Sec. 11431. Statement of policy

    It is the policy of the Congress that--
        (1) each State educational agency shall ensure that each child 
    of a homeless individual and each homeless youth has equal access to 
    the same free, appropriate public education, including a public 
    preschool education, as provided to other children and youth;
        (2) in any State that has a compulsory residency 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 will review and undertake 
    steps to revise such laws, regulations, practices, or policies to 
    ensure that homeless children and youth are afforded the same free, 
    appropriate public education as provided to other children and 
    youth;
        (3) homelessness alone should not be sufficient reason to 
    separate students from the mainstream school environment; and
        (4) homeless children and youth should have access to the 
    education and other services that such children and youth need to 
    ensure that such children and youth have an opportunity to meet the 
    same challenging State student performance standards to which all 
    students are held.

(Pub. L. 100-77, title VII, Sec. 721, as added Pub. L. 103-382, title 
III, Sec. 323, Oct. 20, 1994, 108 Stat. 3957.)


                            Prior Provisions

    A prior section 11431, Pub. L. 100-77, title VII, Sec. 721, July 22, 
1987, 101 Stat. 525; Pub. L. 101-645, title VI, Sec. 612(a), Nov. 29, 
1990, 104 Stat. 4735, stated policy of Congress, prior to the general 
amendment of this part by Pub. L. 103-382.


                             Effective Date

    Section 3(a)(3)(A) of Pub. L. 103-382 provided that: ``Parts A 
[Secs. 311-315, enacting former sections 1414a and 1491a to 1491o of 
Title 20, Education, amending former section 1411 of Title 20, and 
enacting provisions set out as notes under former sections 1415 and 1484 
and section 8921 of Title 20] and B [Secs. 321-323, amending sections 
11421 and 11431 to 11435 of this title] of title III of this Act and the 
amendments made by such parts shall take effect on July 1, 1995.''

                  Section Referred to in Other Sections

    This section is referred to in sections 11432, 11434 of this title.
