
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11433]

 
                 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. 11433. Local educational agency grants for education of 
        homeless children and youth
        

(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 grants to local 
    educational agencies for the purpose of facilitating the enrollment, 
    attendance, and success in school of homeless children and youth.

                            (2) Services

        Unless otherwise specified, services under paragraph (1) may be 
    provided through programs on school grounds or at other facilities. 
    Where such services are provided through programs to homeless 
    students on school grounds, schools may provide services to other 
    children and youth who are determined by the local educational 
    agency to be at risk of failing in, or dropping out of, schools, in 
    the same setting or classroom. To the maximum extent practicable, 
    such services shall be provided through existing programs and 
    mechanisms that integrate homeless individuals with nonhomeless 
    individuals.

                           (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 grant 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 
according to guidelines issued by the Secretary. Each such application 
shall include--
        (1) a description of the services and programs for which 
    assistance is sought and the problems to be addressed through the 
    provision of such services and programs;
        (2) 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;
        (3) an assurance that the applicant complies with, or will use 
    requested funds to come into compliance with, paragraphs (3) through 
    (9) of section 11432(g) of this title; and
        (4) a description of policies and procedures that the agency 
    will implement to ensure that activities carried out by the agency 
    will not isolate or stigmatize homeless children and youth.

(c) Awards

                           (1) In general

        The State educational agency shall, in accordance with section 
    11432(g) of this title and from amounts made available to such 
    agency under section 11435 of this title, award grants under this 
    section to local educational agencies submitting an application 
    under subsection (b) of this section on the basis of the need of 
    such agencies.

                              (2) Need

        In determining need under paragraph (1), the State educational 
    agency may consider the number of homeless children and youth 
    enrolled in preschool, elementary, and secondary schools within the 
    area served by the agency, and shall consider the needs of such 
    children and youth and the ability of the agency to meet such needs. 
    Such agency may also consider--
            (A) the extent to which the proposed use of funds would 
        facilitate the enrollment, retention, and educational success of 
        homeless children and youth;
            (B) the extent to which the application reflects 
        coordination with other local and State agencies that serve 
        homeless children and youth, as well as the State plan required 
        by section 11432(g) 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 youth; and
            (D) such other criteria as the agency determines 
        appropriate.

                       (3) Duration of grants

        Grants awarded under this section shall be for terms not to 
    exceed three years.

(d) Authorized activities

    A local educational agency may use funds awarded under this section 
for activities to carry out the purpose of this part, including--
        (1) the provision of tutoring, supplemental instruction, and 
    enriched educational services that are linked to the achievement of 
    the same challenging State content standards and challenging State 
    student performance standards the State establishes for other 
    children or youth;
        (2) the provision of expedited evaluations of the strengths and 
    needs of homeless children and youth, 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 education, and school meals 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 youth, the rights of such children and youth 
    under this chapter, and the specific educational needs of runaway 
    and homeless youth;
        (4) the provision of referral services to homeless children and 
    youth for medical, dental, mental, and other health services;
        (5) the provision of assistance to defray the excess cost of 
    transportation for students pursuant to section 11432(g)(4) 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 children;
        (7) the provision of before- and after-school, mentoring, and 
    summer programs for homeless children and youth in which a teacher 
    or other qualified individual provides tutoring, homework 
    assistance, and supervision of educational activities;
        (8) where necessary, the payment of fees and other costs 
    associated with tracking, obtaining, and transferring records 
    necessary to enroll homeless children and youth in school, including 
    birth certificates, immunization records, academic records, 
    guardianship records, and evaluations for special programs or 
    services;
        (9) the provision of education and training to the parents of 
    homeless children and youth about the rights of, and resources 
    available to, such children and youth;
        (10) the development of coordination between schools and 
    agencies providing services to homeless children and youth, 
    including programs funded under the Runaway and Homeless Youth Act 
    [42 U.S.C. 5701 et seq.];
        (11) the provision of pupil services (including violence 
    prevention counseling) and referrals for such services;
        (12) activities to address the particular needs of homeless 
    children and youth that may arise from domestic violence;
        (13) the adaptation of space and purchase of supplies for 
    nonschool facilities made available under subsection (a)(2) of this 
    section to provide services under this subsection;
        (14) the provision of school supplies, including those supplies 
    to be distributed at shelters or temporary housing facilities, or 
    other appropriate locations; and
        (15) the provision of other extraordinary or emergency 
    assistance needed to enable homeless children and youth to attend 
    school.

(Pub. L. 100-77, title VII, Sec. 723, as added Pub. L. 103-382, title 
III, Sec. 323, Oct. 20, 1994, 108 Stat. 3962.)

                       References in 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 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.
    This chapter, referred to in subsec. (d)(3), was in the original 
``this Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as 
amended, 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.
    The Runaway and Homeless Youth Act, referred to in subsec. (d)(10), 
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 11433, Pub. L. 100-77, title VII, Sec. 723, July 22, 
1987, 101 Stat. 527; Pub. L. 100-628, title VII, Sec. 702(b), Nov. 7, 
1988, 102 Stat. 3245; Pub. L. 101-645, title VI, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 11432 of this title.
