
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: 42USC11432]

 
                 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. 11432. Grants for State and local activities for education 
        of homeless children and youth
        

(a) General authority

    The Secretary is authorized 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) of this 
section.

(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 information as the 
Secretary may reasonably require.

(c) Allocation and reservations

                           (1) In general

        Subject to paragraph (2) and section 11434(c) of this title, 
    from the amounts appropriated for each fiscal year under section 
    11435 of this title, 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 11435 of this title as the amount 
    allocated under section 1122 of 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 to all States 
    for that year, except that no State shall receive less than 
    $100,000.

                           (2) Reservation

        (A) The Secretary is authorized to reserve 0.1 percent of the 
    amount appropriated for each fiscal year under section 11435 of this 
    title to be allocated by the Secretary among the Virgin Islands, 
    Guam, American Samoa, the Commonwealth of the Northern Mariana 
    Islands, and Palau (until the effective date of the Compact of Free 
    Association with the Government of Palau), according to their 
    respective need for assistance under this part, as determined by the 
    Secretary.
        (B)(i) The Secretary is authorized to transfer one percent of 
    the amount appropriated for each fiscal year under section 11435 of 
    this title 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 [25 U.S.C. 450 et seq.], that are consistent with the 
    purposes of this chapter.
        (ii) The Secretary and the Secretary of the Interior shall enter 
    into an agreement, consistent with the requirements of this part,\1\ 
    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 Secretary of the Interior for the use of the 
    amounts transferred, including appropriate goals, objectives, and 
    milestones.
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    \1\ See References in Text note below.
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                        (3) ``State'' defined

        As used in this subsection, the term ``State'' shall not include 
    the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
    Northern Mariana Islands, or Palau.

(d) Activities

    Grants under this section shall be used--
        (1) to carry out the policies set forth in section 11431 of this 
    title 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 Coordinator of 
    Education of Homeless Children and Youth in the State educational 
    agency in accordance with subsection (f) of this section;
        (4) to prepare and carry out the State plan described in 
    subsection (g) of this section; and
        (5) to develop and implement professional development programs 
    for school personnel to heighten their awareness of, and capacity to 
    respond to, specific problems in the education of homeless children 
    and youth.

(e) State and local grants

                           (1) In general

        (A) Subject to subparagraph (B), if the amount allotted to the 
    State educational agency for any fiscal year under this part exceeds 
    the amount such agency received for fiscal year 1990 under this 
    part, such agency shall provide grants to local educational agencies 
    for purposes of section 11433 of this title.
        (B) The State educational agency may reserve not more than the 
    greater of 5 percent of the amount such agency receives under this 
    part for any fiscal year, or the amount such agency received under 
    this part for fiscal year 1990, to conduct activities under 
    subsection (f) of this section directly or through grants or 
    contracts.

                          (2) Special rule

        If the amount allotted to a State educational agency for any 
    fiscal year under this part is less than the amount such agency 
    received for fiscal year 1990 under this part, such agency, at such 
    agency's discretion, may provide grants to local educational 
    agencies in accordance with section 11433 of this title or may 
    conduct activities under subsection (f) of this section directly or 
    through grants or contracts.

(f) Functions of Office of Coordinator

    The Coordinator of Education of Homeless Children and Youth 
established in each State shall--
        (1) estimate the number of homeless children and youth in the 
    State and the number of such children and youth served with 
    assistance provided under the grants or contracts under this part;
        (2) 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 programs 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 educational agencies in the State in addressing such problems 
    and difficulties, and the success of the program under this part in 
    allowing homeless children and youth to enroll in, attend, and 
    succeed in, school;
        (3) develop and carry out the State plan described in subsection 
    (g) of this section;
        (4) prepare and submit to the Secretary not later than October 
    1, 1997, and on October 1 of every third year thereafter, a report 
    on the information gathered pursuant to paragraphs (1) and (2) and 
    such additional information as the Secretary may require to carry 
    out the Secretary's responsibilities under this part;
        (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; and
        (6) develop relationships and coordinate with other relevant 
    education, child development, or preschool programs and providers of 
    services to homeless children, homeless families, and runaway and 
    homeless youth (including domestic violence agencies, shelter 
    operators, transitional housing facilities, runaway and homeless 
    youth centers, and transitional living programs for homeless youth), 
    to improve the provision of comprehensive services to homeless 
    children and youth and their families.

(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 personnel (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 relevant eligibility criteria are able to 
        participate in Federal, State, or local food programs;
            (D) describe procedures that ensure that--
                (i) homeless children have equal access to the same 
            public preschool programs, administered by the State agency, 
            as provided to other children; and
                (ii) homeless children and youth who meet the relevant 
            eligibility criteria are able to participate in Federal, 
            State, or local before- and after-school care programs;

            (E) address problems set forth in the report provided to the 
        Secretary under subsection (f)(4) of this section;
            (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 requirements;
                    (II) residency requirements;
                    (III) lack of birth certificates, school records, or 
                other documentation; or
                    (IV) guardianship issues;

            (G) demonstrate that the State educational agency and local 
        educational agencies in the State have developed, and will 
        review and revise, policies to remove barriers to the enrollment 
        and retention of homeless children and youth in schools in the 
        State; and
            (H) contain an assurance that 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 
        isolated or stigmatized.

                           (2) Compliance

        Each plan adopted under this subsection shall also show how the 
    State will ensure that local educational agencies in the State will 
    comply with the requirements of paragraphs (3) through (9).

              (3) Local educational agency requirements

        (A) The local educational agency of each homeless child and 
    youth to be assisted under this part shall, according to the child's 
    or youth's best interest, either--
            (i) continue the child's or youth's education in the school 
        of origin--
                (I) for the remainder of the academic year; or
                (II) in any case in which a family becomes homeless 
            between academic years, for the following academic 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 attend.

        (B) In determining the best interests of the child or youth 
    under subparagraph (A), the local educational agency shall comply, 
    to the extent feasible, with the request made by a parent or 
    guardian regarding school selection.
        (C) 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.
        (D) The choice regarding placement shall be made regardless of 
    whether the child or youth lives with the homeless parents or has 
    been temporarily placed elsewhere by the parents.

                       (4) Comparable services

        Each homeless child or youth to be assisted under this part 
    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 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, 
        educational programs for children with disabilities, and 
        educational programs for students with limited-English 
        proficiency;
            (C) programs in vocational education;
            (D) programs for gifted and talented students; and
            (E) school meals programs.

                             (5) Records

        Any record ordinarily kept by the school, including immunization 
    records, academic records, birth certificates, guardianship records, 
    and evaluations for special services or programs, of each homeless 
    child or youth shall be maintained--
            (A) so that the records are available, in a timely fashion, 
        when a child or youth enters a new school district; and
            (B) in a manner consistent with section 1232g of title 20.

                          (6) Coordination

        Each local educational agency serving homeless children and 
    youth that receives assistance under this part shall coordinate with 
    local social services agencies and other agencies or programs 
    providing services to such children or youth and their families, 
    including services and programs funded under the Runaway and 
    Homeless Youth Act [42 U.S.C. 5701 et seq.].

                             (7) Liaison

        (A) Each local educational agency that receives assistance under 
    this part shall designate a homelessness liaison to ensure that--
            (i) homeless children and youth enroll and succeed in the 
        schools of that agency; and
            (ii) 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 programs administered by the local educational 
        agency, and referrals to health care services, dental services, 
        mental health services, and other appropriate services.

        (B) State coordinators and local educational agencies shall 
    inform school personnel, service providers, and advocates working 
    with homeless families of the duties of the liaisons.

                      (8) Review and revisions

        Each State educational agency and local educational agency that 
    receives assistance under this part shall review and revise any 
    policies that may act as barriers to the enrollment of homeless 
    children and youth in schools selected in accordance with paragraph 
    (3). In reviewing and revising such policies, consideration shall be 
    given to issues concerning transportation, immunization, residency, 
    birth certificates, school records, and other documentation, and 
    guardianship. Special attention shall be given to ensuring the 
    enrollment and attendance of homeless children and youth who are not 
    currently attending school.

                          (9) Coordination

        Where applicable, each State and local educational agency that 
    receives assistance under this part shall coordinate with State and 
    local housing agencies responsible for developing the comprehensive 
    housing affordability strategy described in section 12705 of this 
    title to minimize educational disruption for children who become 
    homeless.

(Pub. L. 100-77, title VII, Sec. 722, as added Pub. L. 103-382, title 
III, Sec. 323, Oct. 20, 1994, 108 Stat. 3957.)

                       References in Text

    For Oct. 1, 1994, as the effective date the Compact of Free 
Association with the Government of Palau, referred to in subsec. 
(c)(2)(A), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as 
a note under section 1931 of Title 48, Territories and Insular 
Possessions.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsec. (c)(2)(B)(i), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 
2203, as amended, which is classified principally to subchapter II 
(Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 450 of Title 25 and Tables.
    This chapter, referred to in subsec. (c)(2)(B)(i), was in the 
original ``this Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 
482, known as the Stewart B. McKinney Homeless Assistance Act. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 11301 of this title and Tables.
    This part, referred to in subsec. (c)(2)(B)(ii), is unidentifiable 
in the original because subtitle B (Secs. 721-726) of title VII of Pub. 
L. 100-77 does not contain any parts.
    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (g)(4)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519. Title I of the Act is classified generally to subchapter 
I (Sec. 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.
    The Runaway and Homeless Youth Act, referred to in subsec. (g)(6), 
is title III of Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1129, which is 
classified generally to subchapter III (Sec. 5701 et seq.) of chapter 72 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 5601 of this title and Tables.


                            Prior Provisions

    A prior section 11432, Pub. L. 100-77, title VII, Sec. 722, July 22, 
1987, 101 Stat. 525; Pub. L. 100-628, title VII, Sec. 702(a), Nov. 7, 
1988, 102 Stat. 3245; Pub. L. 101-645, title VI, Sec. 612(b), Nov. 29, 
1990, 104 Stat. 4735, related to grants for State and local activities 
for education of homeless children and youth, prior to the general 
amendment of this part by Pub. L. 103-382.

                  Section Referred to in Other Sections

    This section is referred to in sections 11433, 11434, 11486 of this 
title.
