Educational Success for Children and Youth Without Homes Act of 2010 - Amends the McKinney-Vento Homeless Assistance Act's program of grants to states and, through them, subgrants to local educational agencies (LEAs) for the education of homeless youths to: (1) raise the minimum allotment for each state; (2) elaborate on the functions of each state's Office of the Coordinator for Education of Homeless Children and Youths; (3) elaborate on required state procedures for resolving disputes regarding the educational placement of homeless youth; (4) ensure that homeless youth do not lose credits earned in other schools and are not segregated into separate schools or programs within schools; (5) require states, LEAs, and schools to promote success for homeless youth by holding them to the same achievement standards as other students and removing barriers to their full participation in all classes and school activities; (6) list student-centered factors to be considered before an LEA places a homeless youth in a school; (7) require such schools to immediately enroll homeless youth despite unpaid fees or missed application or enrollment deadlines; (8) protect the privacy of information about a homeless youth's living situation; (9) require LEAs to coordinate services provided to homeless and disabled youth; (10) add to the duties of, and funding available to, LEA liaisons for homeless youth; (11) provide for the enrollment of homeless children in preschool programs; (12) require the Secretary of Education to establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths; (13) authorize the Secretary to award grants or enter into contracts for evaluation, dissemination, and technical assistance activities for educational programs for homeless youth; and (14) triple authorized FY2010 appropriations from those authorized for FY2009.
Establishes a separately funded Emergency Disaster Grant program which distributes funds to LEAs directly or through states to increase LEAs' capacity to respond to major disasters.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5285 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5285
To amend subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act to provide education for homeless children and youths,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2010
Mrs. Biggert (for herself, Mr. Kildee, Mr. Platts, Ms. Fudge, and Mr.
Sestak) introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committee on
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act to provide education for homeless children and youths,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Success for Children and
Youth Without Homes Act of 2010''.
SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
Subtitle B of title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431 et seq.) is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youths
``SEC. 721. STATEMENT OF POLICY.
``The following is the policy of Congress:
``(1) Each State and local educational agency shall ensure
that each homeless child and youth has access to the same free
appropriate public education, including a public preschool
education, as is provided to other children and youths.
``(2) In any State where compulsory residency requirements
or other requirements of laws, regulations, practices, or
policies may act as a barrier to the identification,
enrollment, attendance, or success in school of homeless
children and youths, the State and local educational agencies
shall review and revise such laws, regulations, practices, or
policies to ensure that homeless children and youths are
afforded the same free appropriate public education as is
provided to other children and youths.
``(3) Homelessness is not a sufficient reason to separate
students from the mainstream school environment.
``(4) Homeless children and youths shall have access to the
education and other services that such children and youths need
to ensure that such children and youths have an opportunity to
meet the same challenging State student academic achievement
standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
``(a) General Authority.--
``(1) In general.--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) through (g).
``(2) Emergency disaster grants.--
``(A) In general.--In addition to sums authorized
by section 726, there are authorized to be appropriated
to the Secretary such additional sums as may be
necessary to distribute to local educational agencies
directly or through the Office of Coordinator for
Education of Homeless Children and Youths in a State
educational agency as emergency disaster grants, to
increase local educational agencies' capacity to
respond to major disasters.
``(B) Eligibility for grant.--Emergency disaster
grant funds shall be made available, based on
demonstrated need, to local educational agencies whose
enrollment of homeless children and youth has increased
as a result of hurricanes, floods, and other natural
disasters for which the President declared a major
disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974.
``(C) Distribution of grants.--Notwithstanding
subsection (c) or section 724(e), the Secretary shall
distribute emergency disaster grants--
``(i) to State or local educational
agencies in amounts determined by the Secretary
and related to the increase in enrollment of
homeless children and youth as a result of a
major disaster; and
``(ii) expeditiously, in no case later than
75 days after such funds are appropriated to
the Secretary, and in a manner which enables
local educational agencies to use such funds
for the immediate needs of disaster response
and ongoing disaster recovery.
``(D) Use of funds.--Emergency disaster grant funds
shall be used to carry out the activities described in
section 723(d).
``(b) Application.--In order for a State to be eligible to receive
a grant under subsection (a)(1), the State educational agency, in
consultation with other relevant State agencies, shall submit 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) Allocation.--
``(A) In general.--Subject to subparagraph (C), 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 726 that
remains after the Secretary reserves funds under
paragraph (2) and uses funds to carry out section 724
(d) and (h), 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 of such
Act to all States for that year, except as provided in
subparagraph (B).
``(B) Minimum allotments.--No State shall receive
less under this paragraph than the greater of--
``(i) $300,000; or
``(ii) one-fourth of 1 percent of the
amount appropriated under section 726 for that
year.
``(C) Ratable reduction for insufficient funds.--If
there are insufficient funds in a fiscal year to allot
to each State the minimum amount under subparagraph
(B), the Secretary shall ratably reduce the allotments
to all States based on the proportionate share that
each State received under this subsection for the
preceding fiscal year.
``(2) Reservations.--
``(A) Students in territories.--The Secretary is
authorized to reserve 0.1 percent of the amount
appropriated for each fiscal year under section 726 to
be allocated by the Secretary among the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, according
to their respective needs for assistance under this
subtitle, as determined by the Secretary. Funds
allocated under this subparagraph shall be used for
programs that are consistent with the purposes of the
programs described in this subtitle.
``(B) Indian students.--
``(i) Transfer.--The Secretary shall
transfer 1 percent of the amount appropriated
for each fiscal year under section 726 to the
Department of the Interior for programs that
are 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.), and that are consistent with the
purposes of the programs described in this
subtitle.
``(ii) Agreement.--The Secretary of
Education and the Secretary of the Interior
shall enter into an agreement, consistent with
the requirements of this subtitle, for the
distribution and use of the funds described in
clause (i) under terms that the Secretary of
Education determines best meet the purposes of
the programs described in this subtitle. Such
agreement shall set forth the plans of the
Secretary of the Interior for the use of the
funds transferred, including appropriate goals,
objectives, and milestones for that use.
``(d) State Activities.--Grant funds from a grant made to a State
under subsection (a)(1) shall be used for the following:
``(1) To carry out the policies set forth in section 721 in
the State.
``(2) To provide activities and services to improve the
identification of homeless children and youths and enable such
children and youths to enroll in, attend, and succeed in school
and preschool programs.
``(3) To establish or designate an Office of the
Coordinator for Education of Homeless Children and Youths in
the State educational agency in accordance with subsection (f)
that has sufficient capacity, resources, and support to carry
out the duties described in this subtitle.
``(4) To prepare and carry out the State plan described in
subsection (g).
``(5) To develop and implement professional development
activities for liaisons designated under subsection
(g)(1)(J)(ii), other local educational agency and school
personnel, and community agencies--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten their awareness of, and capacity
to respond to, specific problems in the education of
homeless children and youths.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the grant
funds made available each year to a State under subsection
(a)(1) to carry out this subtitle, the State educational agency
shall distribute not less than 75 percent by making subgrants
under section 723 to local educational agencies for the
purposes of carrying out section 723.
``(2) Use by state educational agency.--From the remainder
of those grant funds, a State educational agency may use
amounts to conduct activities under subsection (f) directly or
through grants or contracts.
``(f) Functions of the Office of the Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in each State
shall--
``(1)(A) gather and make publicly available reliable,
valid, and comprehensive information--
``(i) on the number of homeless children and youths
identified in the State;
``(ii) on the nature and extent of the problems
homeless children and youths have in gaining access to
public preschool programs and to public elementary
schools and secondary schools;
``(iii) on the difficulties in identifying the
special needs and barriers to participation and
achievement of such children and youths;
``(iv) on any progress made by the State
educational agency and local educational agencies in
the State in addressing such problems and difficulties;
and
``(v) describing subgrants awarded under this
subtitle, and the success of the programs under this
subtitle in identifying homeless children and youths
and allowing such children and youths to enroll in,
attend, and succeed in, school; and
``(B) ensure that a report indicating the numbers of
homeless children and youths identified by each local
educational agency in the State shall be posted annually on the
State educational agency's website;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at
such time and in such manner as the Secretary may require,
reports containing such information as the Secretary determines
is necessary to assess the educational needs of all homeless
children and youths within the State, including data requested
pursuant to subsection (h) of section 724;
``(4) in order to improve identification of homeless
children and youths and to improve the provision of
comprehensive education and related support services to
homeless children and youths and their families, and to
minimize educational disruption, coordinate activities, and
collaborate with--
``(A) educators, including special education
personnel, child development and preschool program
personnel, truancy, attendance, and dropout prevention
personnel, and personnel from programs provided under
titles I, III, and IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et
seq., and 7101 et seq.) and similar State programs;
``(B) providers of services to homeless children
and youths and their families, including services of
public and private child welfare and social services
agencies, law enforcement agencies, juvenile and family
courts, agencies providing mental health services,
domestic violence agencies, child care providers,
runaway and homeless youth centers, and providers of
services and programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths;
``(E) community organizations and groups
representing homeless children and youths and their
families;
``(F) relevant State agencies and task forces, such
as State interagency councils on homelessness, State
agencies administering higher education programs and
councils for higher education, State housing agencies,
emergency and disaster response teams, State Head Start
collaboration offices, and State advisory panels and
State interagency coordinating councils convened under
parts B and C of the Individuals With Disabilities
Education Act (20 U.S.C. 1411 et seq., 1431 et seq.);
and
``(G) the Coordinators for Education of Homeless
Children and Youths in other States, including adjacent
States;
``(5) provide professional development and technical
assistance to and conduct monitoring of local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements of
paragraphs (3) through (7) of subsection (g), and subsection
(h); and
``(6) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to ensure
that each child or youth who is the subject of such an inquiry
receives the full protections and services provided by this
subtitle.
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
and carry out a plan to provide for education and related
support services for all homeless children and youths within
the State. Such plan shall include the following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
challenging State student academic achievement
standards as all students are expected to meet.
``(B) A description of the procedures the State
educational agency will use, in coordination with local
educational agencies, to identify all such children and
youths in the State and to assess their special needs.
``(C) A description of procedures for the prompt
resolution of disputes arising under this subtitle,
which shall--
``(i) ensure that local educational
agencies have developed dispute resolution
procedures which, at a minimum--
``(I) are developed in coordination
and collaboration with the liaisons
designated under subparagraph (J)(ii);
``(II) are accessible to parents
and guardians of homeless children and
youths, and to unaccompanied youths;
``(III) provide such parents,
guardians, and unaccompanied youths
with sufficient opportunity to present
their complaints; and
``(IV) designate decisionmakers who
are fair and impartial and have
received training on the requirements
of this subtitle;
``(ii) ensure that parents and guardians of
homeless children and youths, and unaccompanied
youths, who have exhausted the procedures
available under clause (i) are able to appeal
to the State educational agency, which shall
render decisions that are binding on the
relevant local educational agencies;
``(iii) define the role of the Coordinator
for Education of Homeless Children and Youths
in resolving disputes under this subtitle
appealed to the State educational agency;
``(iv) include procedures to resolve
promptly disputes under this subtitle between
local educational agencies;
``(v) ensure that homeless children and
youths are enrolled in school pursuant to
paragraph (3)(E) and receive transportation
pursuant to subparagraph (J)(iii) pending final
resolution of disputes, including resolution
through all available local and State dispute
resolution procedures and pending legal
actions, paying particular attention to
ensuring enrollment in cases of disputes
between local educational agencies; and
``(vi) include procedures for State
educational agencies or local educational
agencies to determine the need for, and ensure
the delivery of, additional academic support in
cases in which a local educational agency has
unlawfully denied a student access to school or
school services, including transportation.
``(D) A description of programs for school and
other local educational agency personnel (including the
liaisons, principals, attendance officers, teachers,
enrollment personnel, and pupil services personnel) to
heighten the awareness of such personnel of the
specific needs of homeless adolescents, including
runaway and homeless youths.
``(E) A description of procedures that ensure that
homeless children and youths are able to participate in
Federal, State, or local nutrition programs.
``(F) A description of procedures that ensure
that--
``(i) homeless children have access to
public preschool programs, administered by the
State educational agency or local educational
agency, including through the policies and
practices required under paragraph (7);
``(ii) homeless youths, including youths
separated from public schools, are identified
and accorded access to appropriate secondary
education and related support services,
including through the implementation of
policies and practices to ensure that such
youths are--
``(I) able to receive credit for
full or partial coursework
satisfactorily completed while
attending a prior school;
``(II) are afforded opportunities
to recover credits lost during periods
of homelessness; and
``(III) are not penalized for
absences related to homelessness and
are allowed to receive credit for work
completed after their enrollment; and
``(iii) homeless children and youths who
meet the relevant eligibility criteria have
access to magnet school, summer school,
vocational and technical education, advanced
placement, online learning opportunities, and
charter school programs.
``(G) Strategies to address problems identified in
the reports provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including enrollment problems related to--
``(i) immunization and other required
health records and screenings;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency, and local educational agencies and schools in
the State, regularly review and revise their policies
and practices to remove barriers to the identification,
enrollment, attendance, retention, and success of
homeless children and youths in schools and public
preschool programs in the State.
``(J) Assurances that the following will be carried
out:
``(i) Prevention of stigmas and
segregation.--The State educational agency and
local educational agencies in the State will
adopt policies and practices to ensure that
homeless children and youths are not
stigmatized or segregated on the basis of their
status as homeless.
``(ii) Liaison.--Local educational agencies
will designate a staff person as the local
educational agency liaison for homeless
children and youths, who shall have sufficient
training, resources, and time to carry out the
duties described in paragraph (6), and who may
also be a coordinator for other Federal
programs.
``(iii) Provision of transportation.--The
State and local educational agencies will adopt
policies and practices to ensure that
appropriate transportation suitable for the
needs of the child or youth is provided
expeditiously, at the request of the parent or
guardian involved (or in the case of an
unaccompanied youth, the liaison), to and from
the school of origin (as defined in paragraph
(3)(J)), for as long as the student has the
right to attend the school of origin as
determined in paragraph (3)(A), in accordance
with the following, as applicable:
``(I) Within one local educational
agency.--If the child or youth
continues to live in the area served by
the local educational agency for the
school of origin, the child`s or
youth's transportation to and from the
school of origin shall be provided or
arranged by the local educational
agency for the school of origin.
``(II) Involving more than one
local educational agency.--If the
child's or youth's living arrangements
in the area served by the local
educational agency of origin terminate
and the child or youth, though
continuing the child's or youth's
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency for the
area in which the child or youth is
living shall share equally the cost and
responsibility for providing
transportation to and from the school
of origin unless the agencies agree
upon another method to apportion cost
and responsibility, or the State
educational agency has devised another
method to apportion cost and
responsibility among local educational
agencies.
``(iv) School success.--The State
educational agency and local educational
agencies will adopt policies and practices to
promote school success for homeless children
and youths, including by--
``(I) ensuring that homeless
children and youths have opportunities
to meet the same challenging State
student academic achievement standards
to which other students are held;
``(II) ensuring that homeless
children and youths are able to
participate fully in all classes and
school activities, including
extracurricular activities, athletic
activities for which they meet skill
level requirements, before and after
school programs, summer school
programs, field trips, classes, tests,
and activities with fees, services
provided under title I of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) and
similar State and local programs, and
other activities made available to
nonhomeless students; and
``(III) ensuring that such policies
and practices remove barriers to
participation related to fees, credit
accrual policies, lack of guardianship,
lack of transportation, enrollment and
participation deadlines, and residency
requirements.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will
ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3)
through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's
best interest--
``(i) continue the child's or youth's
education in the school of origin for the
duration of homelessness--
``(I) in any case in which the
child or youth becomes a homeless child
or youth between academic years or
during an academic year; and
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the child
or youth is actually living are eligible to
attend.
``(B) School stability.--To promote the school
stability of the child or youth, and in determining the
best interest of the child or youth under subparagraph
(A), the local educational agency shall--
``(i) presume that keeping the child or
youth in the school of origin is in the child's
or youth's best interest, except when doing so
is contrary to the wishes of the child's or
youth's parent or guardian, or the
unaccompanied youth;
``(ii) consider student-centered factors
related to the child's or youth's best
interest, giving priority to the wishes of the
parent, guardian, or unaccompanied youth,
including--
``(I) the harmful impact of school
mobility on academic achievement and
social and emotional well-being;
``(II) the age of the child or
youth;
``(III) the impact any commute may
have on the child's or youth's
education;
``(IV) personal safety issues;
``(V) the child's or youth's need
for special instruction, including
special education and related services;
``(VI) the length of anticipated
stay in a temporary shelter or other
temporary location;
``(VII) the time remaining in the
school year; and
``(VIII) the school placement of
family members;
``(iii) if, after conducting the best
interest determination described in clause
(ii), the local educational agency determines
that it is not in the child's or youth's best
interest to attend the school of origin or the
school requested by the parent, guardian, or
unaccompanied youth, provide the child's or
youth's parent or guardian or the unaccompanied
youth with a written explanation of the reasons
for its determination, in a manner and form
understandable to such parent, guardian, or
youth, including information regarding the
right to appeal described in subparagraph (E);
``(iv) in the case of an unaccompanied
youth, ensure that the liaison designated under
paragraph (1)(J)(ii) assists in placement or
enrollment decisions under this subparagraph,
gives priority to the views of such
unaccompanied youth, and provides notice to
such youth of the right to appeal described in
subparagraph (E); and
``(v) provide transportation pursuant to
paragraphs (1)(J)(iii) and (4).
``(C) Enrollment.--
``(i) In general.--The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth--
``(I) is unable to produce records
normally required for enrollment,
including previous academic records,
records of immunizations and health
screenings and other required health
records, proof of residency or
guardianship, or other documentation;
``(II) has unpaid fines or fees
from prior schools or is unable to pay
fees in the school selected; or
``(III) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the
child or youth needs to obtain immunizations or
health screenings, or immunization or other
required health records, the enrolling school
shall immediately enroll the child or youth and
refer the parent or guardian of the child or
youth, or the unaccompanied youth, to the local
educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations or
screenings, or immunization or other required
health records in accordance with subparagraph
(D).
``(iv) No liability.--Whenever the school
selected enrolls an unaccompanied youth in
accordance with this paragraph, no liability
shall be imposed upon the school by reason of
enrolling the youth without parent or guardian
consent.
``(D) Records.--
``(i) In general.--Any record ordinarily
kept by the school, including records of
immunizations and health screenings and other
required health records, academic records,
birth certificates, guardianship records, and
evaluations for special services or programs,
regarding each homeless child or youth shall
be--
``(I) maintained so that the
records involved are available, in a
timely fashion, when a homeless child
or youth enters a new school or school
district;
``(II) immediately sent to the
enrolling school, even if the child or
youth owes fees or fines or was not
withdrawn from the previous school in
conformance with local withdrawal
procedures; and
``(III) maintained in a manner
consistent with section 444 of the
General Education Provisions Act (20
U.S.C. 1232g).
``(ii) Release.--School records needed for
academic placement decisions shall be released
immediately by the previous school by facsimile
transmission or other available electronic
means.
``(E) Disputes.--If a dispute arises over
eligibility for services, school selection, enrollment
in a school, or any other issue under this subtitle--
``(i) the child or youth involved shall be
immediately enrolled in the school in which
enrollment is sought, pending final resolution
of the dispute, including all available
appeals;
``(ii) the parent, guardian, or
unaccompanied youth involved shall be provided
with written explanations of any decisions made
by the school, the local educational agency, or
the State educational agency involved, which
shall include information about the right to
appeal such decisions;
``(iii) the parent, guardian, or
unaccompanied youth shall be referred to the
local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in
paragraph (1)(C) as expeditiously as possible
after receiving notice of such dispute; and
``(iv) in the case of an unaccompanied
youth, the liaison shall ensure that the youth
is immediately enrolled in the school in which
the youth seeks enrollment pending resolution
of such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth involved lives with the homeless parents or
has been temporarily placed elsewhere.
``(G) Contact information.--Nothing in this
subtitle shall prohibit a local educational agency from
requiring a parent or guardian of a homeless child to
submit contact information.
``(H) Privacy.--Information about a homeless
child's or youth's living situation shall be treated as
a student education record under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
shall not be released to housing providers, employers,
law enforcement personnel, or other persons or agencies
not authorized to have such information under section
99.31 of title 34, Code of Federal Regulations, paying
particular attention to preventing disruption of the
living situation of the child or youth and to
supporting the safety of such children and youths who
are survivors of domestic violence and unaccompanied
youths.
``(I) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that
homeless children and youths have opportunities to meet
the same challenging State student academic achievement
standards to which other students are held, including
implementing the policies and practices required by
paragraph (1)(J)(iv).
``(J) School of origin defined.--In this paragraph:
``(i) In general.--The term `school of
origin' means the school that a child or youth
attended when permanently housed or the school
in which the child or youth was last enrolled.
``(ii) Receiving school.--When the child or
youth completes the final grade level served by
the school of origin, as described in clause
(i), the term `school of origin' shall include
the designated receiving school at the next
grade level for all feeder schools.
``(4) Comparable services.--In addition to receiving
services provided for homeless children and youths under this
subtitle or other Federal, State, or local laws, regulations,
policies, or practices, each homeless child or youth to be
assisted under this subtitle also shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, including
services provided under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) or services of similar State or local programs,
charter schools, magnet schools, educational programs
for children with disabilities, and educational
programs for students with limited English proficiency.
``(C) Programs in vocational and technical
education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
shall coordinate--
``(i) the provision of services under this
subtitle with the services of local social
services agencies and other agencies or
entities providing services to homeless
children and youths and their families,
including services and programs funded under
the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.) or provided by other agencies
serving unaccompanied youths, public and
private child welfare agencies, Head Start
centers and local entities administering State-
funded preschool programs, and agencies
providing mental health services;
``(ii) transportation, transfer of school
records, and other interdistrict activities,
with other local educational agencies;
``(iii) the provision of services under
this subtitle with the provision of other
education programs, including programs provided
under titles I, III, and IV of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq., 6801 et seq., and 7101 et seq.)
and similar State and local programs, programs
in vocational and technical education, truancy
and dropout prevention programs, before and
after school programs, summer school programs,
programs provided for students with
disabilities, students with limited English
proficiency, and gifted and talented students,
and local educational agency transportation
services; and
``(iv) activities, planning, and
initiatives with State and local agencies and
organizations providing emergency,
transitional, and permanent housing and other
services to homeless families and unaccompanied
youths, including developing and implementing
strategies to minimize educational disruption
for children and youths who become homeless.
``(B) Coordination purpose.--The coordination
required under subparagraph (A) shall be designed to--
``(i) ensure that all homeless children and
youths are promptly identified;
``(ii) ensure that homeless children and
youths have access to and are in reasonable
proximity to available education and related
support services;
``(iii) decrease school mobility and ensure
that agencies placing homeless children and
youth in housing and agencies providing housing
and other services consider the proximity of
housing and services to a child or youth's
school of origin (as defined in paragraph
(3)(J)); and
``(iv) raise the awareness of school
personnel and service providers of the effects
of short-term stays in a shelter and other
challenges associated with homelessness.
``(C) Homeless children and youths with
disabilities.--
``(i) In general.--For children and youth
who are to be assisted both under this
subtitle, and under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), each local educational
agency shall coordinate the provision of
services under this subtitle with the provision
of programs for children with disabilities
served by that local educational agency and
other involved local educational agencies.
``(ii) Cost and responsibility for
individuals with disabilities.--Such
coordination shall include the following:
``(I) Transportation.--Each local
educational agency shall adopt policies
and practices to apportion the cost and
responsibility for providing
transportation to children and youths
entitled to transportation services
under both paragraph (1)(J)(iii) and
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.)
or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794).
``(II) Public or private
educational program.--
``(aa) In general.--Except
as provided in item (bb), if a
local educational agency has
placed a child or youth in a
private educational program, or
in a public educational program
outside the area served by that
local educational agency, under
section 614(d)(1)(A) of the
Individuals with Disabilities
Education Act (20 U.S.C.
1414(d)(1)(A)), and though
moving to an area served by
another local educational
agency, the homeless child or
youth is to remain in that
educational program as the
child's or youth's school of
origin (as defined in paragraph
(3)(J)) under subparagraphs (A)
and (B) of paragraph (3), the
local educational agency that
made the placement shall
continue payments for the
placement.
``(bb) Exception.--Item
(aa) shall apply unless the
local educational agency that
made the placement and the
local educational agency in the
area where the student is
temporarily residing agree upon
another method to apportion the
cost, or the State educational
agency involved has devised
another method to apportion
cost and responsibility among
local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency
liaison for homeless children and youths, designated
under paragraph (1)(J)(ii), shall ensure that--
``(i) all homeless children and youths are
identified by school personnel and through
outreach and coordination activities with other
entities and agencies, including through such
measures as inquiries concerning housing status
on school registration forms and on withdrawal
or exit forms;
``(ii) homeless children and youths are
immediately enrolled in, and have a full and
equal opportunity to succeed in, schools of
that local educational agency;
``(iii) homeless families, and homeless
children and youths, have access to educational
services for which such families, children, and
youths are eligible, including services through
Head Start, Early Head Start, early
intervention, and Even Start programs, and
preschool programs described in paragraph
(7)(A);
``(iv) homeless families, and homeless
children and youths receive referrals to health
care services, dental services, mental health
and substance abuse services, housing services,
and other appropriate services;
``(v) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available
to their children, including preschool
opportunities, and are provided with meaningful
opportunities to participate in the education
of their children;
``(vi) public notice of the educational
rights of homeless children and youths is
incorporated into documents related to
residency requirements or enrollment, provided
upon school enrollment and withdrawal, posted
on the local educational agency's website, and
disseminated in locations frequented by parents
or guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens,
in a manner and form understandable to parents
and guardians of homeless children and youths
and unaccompanied youths;
``(vii) disputes are resolved in accordance
with paragraph (3)(E);
``(viii) the parent or guardian of a
homeless child or youth, and any unaccompanied
youth, is fully informed of all transportation
services, including transportation to the
school of origin, as described in paragraph
(1)(J)(iii), and is assisted in accessing
transportation to the school that is selected
under paragraph (3)(A);
``(ix) school personnel are adequately
prepared to implement this subtitle and receive
professional development, resource materials,
technical assistance, and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet
the same challenging State student
academic achievement standards to which
other students are held, including
through implementation of the policies
and practices required by subparagraphs
(F)(ii) and (J)(iv) of paragraph (1);
and
``(III) are informed of their
status as independent students under
section 480 of the Higher Education Act
of 1965 (20 U.S.C. 1087vv), including
through school counselors that have
received professional development about
unaccompanied youth, and receive
verification of such status for
purposes of the Free Application for
Federal Student Aid described in
section 483 of such Act (20 U.S.C.
1090).
``(B) Notice.--State Coordinators appointed under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, and
advocates working with homeless families and homeless
children and youths of the contact information and
duties of the local educational agency liaisons,
including publishing an annually updated list of the
liaisons on the State educational agency's website.
``(C) Local and state coordination.--The local
educational agency liaisons shall, as a part of their
duties, coordinate and collaborate with the State
Coordinators and community and school personnel
responsible for the provision of education and related
support services to homeless children and youths. Such
coordination shall include collecting and providing to
the State Coordinator the reliable, valid, and
comprehensive data needed to meet the requirements of
paragraphs (1) and (3) of subsection (f).
``(D) Professional development.--The local
educational agency liaisons shall participate in the
professional development and other technical assistance
activities provided by the State Coordinator pursuant
to subsection (f)(5).
``(7) School readiness for homeless children.--
``(A) State and local educational agencies.--Each
State educational agency and local educational agency
shall ensure that entities carrying out preschool
programs funded, administered, or overseen by the
agency involved--
``(i) comply with paragraphs (3) and (4),
except that in the absence of contrary State
law or policy, such entities shall not be
required to enroll a homeless child immediately
in a preschool program that is operating at
full capacity when the child seeks to enroll;
``(ii) identify and prioritize homeless
children for enrollment and increase their
enrollment and attendance in preschool
programs, including through policies such as--
``(I) reserving spaces in preschool
programs for homeless children;
``(II) conducting targeted outreach
to homeless children and their
families;
``(III) waiving application
deadlines;
``(IV) providing ongoing
professional development for staff
regarding the needs of homeless
children and their families and
strategies to serve the children and
families; and
``(V) developing the capacity to
serve all identified homeless children;
and
``(iii) review the educational and related
needs of homeless children and their families
in such agency's service area, in coordination
with the liaison designated under paragraph
(1)(J)(ii), and develop policies and practices
to meet identified needs.
``(B) Other state agencies.--In the case of State-
funded preschool programs that are not funded,
administered, or overseen by the State educational
agency or a local educational agency, the State agency
that funds, administers, or oversees such preschool
programs shall--
``(i) develop, review, and revise its
policies and practices to remove barriers to
the identification, enrollment, attendance,
retention, and success of homeless children for
or in preschool programs funded, administered,
or overseen by the agency;
``(ii) ensure that the entities comply with
the provisions of paragraph (3) and (4) except
that such entities, with respect to such
programs--
``(I) shall not be required to
enroll a homeless child immediately in
a preschool program that is operating
at full capacity when the child seeks
to enroll, in the absence of contrary
State law or policy;
``(II) shall not be subject to the
dispute resolution procedures of the
State educational agency or local
educational agencies, but shall ensure
that all of the dispute resolution
procedures available through such
programs and the State agency that
funds, administers, or oversees such
programs are accessible to parents and
guardians of homeless children and
shall provide such parents and
guardians with a written explanation of
their dispute and appeal rights; and
``(III) shall not be subject to the
transportation requirements of
paragraphs (1)(J)(iii) or (3)(B)(v),
but shall remove barriers to
transportation services for homeless
children and shall, to the maximum
extent practicable, arrange or provide
transportation for homeless children to
attend preschool programs, including
their preschool program of origin;
``(iii) identify and prioritize homeless
children for enrollment and increase their
enrollment and attendance in preschool
programs, including through policies such as--
``(I) reserving spaces in preschool
programs for homeless children;
``(II) conducting targeted outreach
to homeless children and their
families;
``(III) waiving application
deadlines;
``(IV) providing ongoing
professional development for staff
regarding the needs of homeless
children and their families and
strategies to serve the children and
families; and
``(V) develop capacity to serve all
identified homeless children; and
``(iv) review the educational and related
needs of homeless children and their families
in the State, in coordination with the Office
of the Coordinator for Education of Homeless
Children and Youths established under
subsection (d)(3), and develop policies and
practices to meet identified needs.
``(h) Prohibition on Segregating Homeless Children and Youths.--
``(1) In general.--In providing a free appropriate public
education to a homeless child or youth, no State receiving
funds under this subtitle shall segregate such child or youth
in a separate school, or in a separate program within a school,
based on such child's or youth's status as homeless.
``(2) Transition from segregated schools in formerly
covered counties.--To ensure a smooth, rapid, and complete
transition for all homeless children and youths from segregated
to nonsegregated schools or programs, in formerly covered
counties, each local educational agency that serves such a
covered county shall--
``(A) coordinate activities with those segregated
schools and schools with segregated programs located in
formerly covered counties, to identify each homeless
child and youth enrolled in such schools and programs;
``(B) for each homeless child and youth so
identified, determine if the child or youth has a
school of origin (as defined in subsection (g)(3)(J))
and either--
``(i) immediately enroll the child or youth
in the school of origin if it is in the child's
or youth's best interest in accordance with
this subtitle and consistent with the wishes of
the parent, guardian, or unaccompanied youth
involved, and provide transportation to and
from the school of origin; or
``(ii) immediately enroll the child or
youth in any nonsegregated public school if
enrollment in the school of origin is not in
the child's or youth's best interest in
accordance with this subtitle or is against the
wishes of the parent, guardian, or
unaccompanied youth;
``(C) provide the parent, guardian, or
unaccompanied youth with information about the dispute
resolution process available under this subtitle;
``(D) ensure that each homeless child or youth
receives the full protections and services provided by
this subtitle; and
``(E) implement other policies and practices
necessary to ensure a smooth, rapid, and complete
integration of the children and youths into the public
schools of the local educational agency.
``(3) Role of state educational agency in transition.--The
State educational agencies of California and Arizona shall
provide technical assistance to the local educational agencies
in the State that serve formerly covered counties to ensure the
requirements of paragraph (2) are met.
``(4) Transition period.--Not later than the end of the
academic year in which the Educational Success for Children and
Youth Without Homes Act of 2009 is enacted, the transition
referred to in paragraph (2) shall be complete.
``(i) No Diminishment of Power.--Nothing in this subtitle shall be
construed to diminish the rights of parents or guardians of homeless
children or youth, or unaccompanied youth, otherwise provided under
State law, policy, or practice, including laws or policies that
authorize the best interest determination in subsection (g)(3) to be
made solely by the parent, guardian, or youth involved.
``SEC. 723. 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 722(e), and from amounts made available
to such agency under section 726, make subgrants to local
educational agencies for the purpose of facilitating the
identification, 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; and
``(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.
``(B) Services on school grounds.--If services
under paragraph (1) are provided to homeless children
and youths on school grounds, the school involved may
use funds under this subtitle to provide the same
services to other children and youths who are
determined by the local educational agency serving the
school to be at risk of failing in, or dropping out of,
school.
``(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.
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.
``(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 the local
educational agency (which may be undertaken as part of a needs
assessment for another disadvantaged group).
``(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 subgrant
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 722(g).
``(5) 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
youths.
``(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
722(f).
``(7) A description of the policies and practices the local
educational agency has implemented to remove barriers to the
identification, enrollment, attendance, retention, and success
in school of all homeless children and youths.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 722(a), make
subgrants on a competitive basis to local educational agencies
that submit applications under subsection (b). Such subgrants
shall be awarded on the basis of the need of such agencies for
assistance under this subtitle and the quality of the
applications submitted.
``(2) Need.--
``(A) In general.--In determining need under
paragraph (1), the State educational agency may
consider the number of homeless children and youths
enrolled in preschool, elementary schools, 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.
``(B) Other considerations.--The State educational
agency may also consider the following:
``(i) The extent to which the proposed use
of funds will facilitate the identification,
enrollment, attendance, retention, and
educational success of homeless children and
youths.
``(ii) The extent to which the application
reflects coordination with other local and
State agencies that serve homeless children and
youths.
``(iii) The extent to which the applicant
exhibits in the application and in current
practice (as of the date of submission of the
application) a commitment to education for all
homeless children and youths.
``(iv) Such other criteria as the State
agency determines to be appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider each of the following:
``(A) The applicant's needs assessment under
subsection (b)(2) 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 extent to which the applicant will
promote meaningful 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 into the regular education
program involved.
``(E) The quality of the applicant's evaluation
plan for the program.
``(F) The extent to which services provided under
this subtitle will be coordinated with other services
available to homeless children and youths and their
families, including housing and child welfare services
and services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.),
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), and similar State and
local programs.
``(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
722(g)(1)(J)(ii) and the provision of transportation.
``(H) The local educational agency's use of funds
to serve homeless children and youths under section
1113(c)(3) of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(c)(3)).
``(I) The extent to which the applicant's program
meets such other measures as the State educational
agency considers to be indicative of a high-quality
program, including the extent to which the local
educational agency will provide services to
unaccompanied youth and preschool-aged children.
``(J) The extent to which the application describes
how the applicant will meet the requirements of section
722(g)(3).
``(d) Authorized Activities.--A local educational agency may use
funds awarded under this section for activities that carry out the
purpose of this subtitle, 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 as the State establishes for other children and
youths.
``(2) The provision of expedited evaluations of the
strengths, needs, and eligibility of homeless children and
youths, including needs and eligibility for programs and
services (including educational programs for gifted and
talented students, children with disabilities, and students
with limited English proficiency, charter school programs,
magnet school programs, and 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 educators
and personnel to the needs of homeless children and youths, the
rights of such children and youths under this subtitle, 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 cost of
transportation under paragraphs (1)(J)(iii) and (4)(A) of
section 722(g), and transportation to preschool programs, not
otherwise provided through Federal, State, or local funding.
``(6) The provision of developmentally appropriate early
childhood development programs, not otherwise provided through
Federal, State, or local funding.
``(7) The provision of services and assistance to attract,
engage, and retain homeless children and youths, particularly
homeless children and youths who are not enrolled in school, 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 facilitate the appropriate placement of homeless
children and youths in school or preschool programs, including
birth certificates, immunization or other required health
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, and other
activities designed to increase the meaningful involvement of
parents or guardians of homeless children or youths in the
education of their children.
``(11) The development of coordination of activities
between schools and agencies providing services to homeless
children and youths, as described in section 722(g)(5).
``(12) The provision of pupil services (including
counseling) and referrals for such services.
``(13) Activities to address the particular needs of
homeless children and youths that may arise from domestic
violence and parental mental health or substance abuse
problems.
``(14) The adaptation of space and purchase of supplies for
any nonschool facilities made available under subsection (a)(2)
to provide services under this subsection.
``(15) The provision of school supplies, including supplies
to be distributed at shelters or temporary housing facilities,
or other appropriate locations.
``(16) The provision of assistance to defray the cost of
the position of liaison designated pursuant to section
722(g)(1)(J)(ii), not otherwise provided through Federal,
State, or local funding.
``(17) The provision of other extraordinary or emergency
assistance needed to enable homeless children and youths to
enroll, attend, and succeed in school or preschool programs.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan submitted
by a State educational agency under section 722(g), 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 all 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 State educational agencies to assist such
agencies in carrying out their responsibilities under this subtitle,
and shall establish or designate a Federal Office of the Coordinator
for Education of Homeless Children and Youths that has sufficient
capacity, resources, and support to carry out the responsibilities
described in this subtitle.
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of enactment of the
Educational Success for Children and Youth Without Homes Act of
2009, develop and disseminate a public notice of the
educational rights of homeless children and youths. The notice
shall include information regarding the definition of homeless
children and youths in section 725.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally. The Secretary also shall disseminate such
notice to heads of other Department of Education offices,
including those responsible for special education programs,
higher education, and programs under parts A, B, C, D, G, and H
of title I, title III, title IV, and part B of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et
seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et
seq.). The Secretary shall also disseminate such notice to
heads of other Federal agencies, and grant recipients and other
entities carrying out federally funded programs, including Head
Start program grantees, grant recipients under the Health Care
for the Homeless program of the Health Resources and Services
Administration of the Department of Health and Human Services,
grant recipients under the Emergency Food and Shelter National
Board Program of the Federal Emergency Management Agency, grant
recipients under the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.), grant recipients under the John H. Chafee Foster
Care Independence program, grant recipients under homeless
assistance programs administered by the Department of Housing
and Urban Development, and recipients of Federal funding for
programs carried out by the Administration on Children, Youth
and Families of the Department of Health and Human Services.
``(d) Evaluation and Dissemination.--
``(1) In general.--The Secretary shall conduct evaluation,
dissemination, and technical assistance activities for programs
that are designed to meet the educational needs of homeless
preschool, elementary school, and secondary school students,
and may use funds appropriated under section 726 to award
grants to, or enter into contracts or cooperative agreements
with, eligible entities to enable the eligible entities to
carry out such activities.
``(2) Priorities.--The Secretary, in awarding such grant,
or entering into such contract or cooperative agreement, may,
without regard to the rulemaking procedures under section 553
of title 5, United States Code, limit competitions to, or
otherwise give priority to, entities with--
``(A) demonstrated experience in dissemination and
technical assistance activities, including using the
Internet and other state-of-the-art technology for
efficient and cost-effective dissemination of
information and technical assistance;
``(B) demonstrated experience in the areas of
homelessness, serving at-risk youth, and education; and
``(C) established networks, and a history of
collaboration, among State educational agencies, local
educational agencies, and national organizations that
provide services to homeless children and youths, and
homeless families.
``(e) Submission and Distribution.--The Secretary shall require
applications for grants under section 722 to be submitted to the
Secretary not later than the expiration of the 120-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 180-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), shall determine the extent to which
State educational agencies are ensuring that each homeless child or
youth has access to a free appropriate public education, as described
in section 721(1). The Secretary shall provide support and technical
assistance to State educational agencies in areas in which barriers to
a free appropriate public education persist.
``(g) Publication.--The Secretary shall develop, issue, and publish
in the Federal Register, not later than 90 days after the date of
enactment of the Educational Success for Children and Youth Without
Homes Act of 2009, a summary of the changes enacted by that Act and
related strategies, which summary shall include--
``(1) strategies by which a State can assist local
educational agencies to implement the provisions amended by the
Act;
``(2) strategies by which a State can review and revise
State policies and procedures that may present barriers to the
identification, enrollment, attendance, and success of homeless
children and youths in school; and
``(3) strategies by which entities carrying out preschool
programs can implement requirements of section 722(g)(7).
``(h) Information.--
``(1) In general.--From funds appropriated under section
726, the Secretary shall, directly or through grants,
contracts, or cooperative agreements, periodically but no less
frequently than every 2 years, collect and disseminate publicly
data and information regarding--
``(A) the number of homeless children and youths in
all areas served by local educational agencies,
including homeless children enrolled in preschool
programs described in section 722(g)(7)(A) and the type
of living situation in which such children and youth
are living when identified;
``(B) the education and related support services
such children and youths receive;
``(C) the extent to which the needs of homeless
children and youths are being met;
``(D) the academic progress being made by homeless
children and youths, including the percent or number of
homeless children and youths participating in State
assessments; and
``(E) such other data and information as the
Secretary determines to be necessary and relevant to
carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(i) Report.--Not later than 4 years after the date of enactment
of the Educational Success for Children and Youth Without Homes Act of
2009, the Secretary shall prepare and submit to the President and the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
report on the status of the provision of education and related support
services to 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 subtitle.
``SEC. 725. DEFINITIONS.
``In this subtitle:
``(1) Enroll; enrollment.--The terms `enroll' and
`enrollment' include attending classes and participating fully
in school activities.
``(2) Formerly covered counties.--The term `formerly
covered counties' means, with respect to California, San
Joaquin County, Orange County, and San Diego County, and with
respect to Arizona, Maricopa County.
``(3) Homeless children and youths.--The term `homeless
children and youths'--
``(A) means individuals who lack a fixed, regular,
and adequate nighttime residence (within the meaning of
section 103(a)(1)); and
``(B) includes--
``(i) children and youths who--
``(I) are sharing the housing of
other persons due to loss of housing,
economic hardship, or a similar reason;
``(II) are living in motels,
hotels, trailer parks, or camping
grounds due to the lack of alternative
adequate accommodations;
``(III) are living in emergency or
transitional shelters;
``(IV) are abandoned in hospitals;
or
``(V) are awaiting foster care
placement;
``(ii) children and youths who have a
primary nighttime residence that is a public or
private place not designed for or ordinarily
used as a regular sleeping accommodation for
human beings (within the meaning of section
103(a)(2)(C));
``(iii) children and youths who are living
in cars, parks, public spaces, abandoned
buildings, substandard housing, bus or train
stations, or similar settings; and
``(iv) migratory children (as such term is
defined in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6399)) who qualify as homeless for the purposes
of this subtitle because the children are
living in circumstances described in clauses
(i) through (iii).
``(4) Include; including.--The terms `include' and
`including' mean that the items named are not all of the
possible items that are covered, whether like or unlike the
items named.
``(5) Local educational agency; state educational agency.--
The terms `local educational agency' and `State educational
agency' have the meanings given such terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(6) Secretary.--The term `Secretary' means the Secretary
of Education.
``(7) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(8) Unaccompanied youth.--The term `unaccompanied youth'
means a homeless child or youth not in the physical custody of
a parent or legal guardian.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated to the Secretary $300,000,000 for fiscal
year 2010 and such sums as may be necessary for each of fiscal years
2011 through 2016.''.
SEC. 3. CONFORMING AMENDMENTS.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(1) in section 1111 (20 U.S.C. 6311)--
(A) in subsection (b)(2), by adding at the end the
following:
``(L) Accountability for homeless children and
youths.--The accountability provisions under this Act
shall ensure that homeless children and youths (as
defined in section 725(3) of the McKinney-Vento
Homeless Assistance Act), are included in academic
assessment, reporting, and accountability systems,
consistent with paragraph (3)(C)(xi). Notwithstanding
the requirements of subsection (i), the State is not
required to disaggregate the assessment results of
homeless children and youths as a separate category
under subparagraph (C)(v).''; and
(B) in subsection (c)--
(i) in paragraph (13), by striking ``and''
after the semicolon;
(ii) in paragraph (14), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(15) the State will ensure that the requirements of
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act are satisfied.'';
(2) in section 1112 (20 U.S.C. 6312)--
(A) by striking subsection (b)(1)(O) and inserting
the following:
``(O) a description of--
``(i) how the local educational agency will
ensure the enrollment, attendance, and success
of homeless children and youths;
``(ii) the services the local educational
agency will provide homeless children and
youths, including services provided with funds
reserved under section 1113(c)(3);
``(iii) the amount of funds reserved under
section 1113(c)(3);
``(iv) the needs assessment conducted to
determine the amount of funds reserved under
section 1113(c)(3);
``(v) how the amount of funds reserved
under section 1113(c)(3) was determined and the
amount of funds' relation to the needs
assessment;
``(vi) the collaborative role of the
liaison designated pursuant to section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act in determining the amount of
funds reserved and the services provided; and
``(vii) the services the local educational
agency provided homeless children and youths in
the previous academic year, including services
provided with funds reserved under section
1113(c)(3), an explanation of any discrepancy
between the anticipated and actual use of
funds, and an explanation of any unspent
reserved funds;''; and
(B) in subsection (c)(1)--
(i) in subparagraph (N), by striking
``and'' after the semicolon;
(ii) in subparagraph (O), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(P) comply with the requirements of subtitle B of
title VII of the McKinney-Vento Homeless Assistance Act
that relate to the local educational agency.'';
(3) by striking section 1113(c)(3) (20 U.S.C. 6313(c)(3))
and inserting the following:
``(3) Reservation.--
``(A) In general.--
``(i) Funds for homeless children and
youths.--A local educational agency shall
reserve funds under this part to assist
homeless children and youths who are attending
schools receiving assistance under section 1114
or 1115, or schools not receiving assistance
under this part, in satisfying the State's
academic achievement standards.
``(ii) Homeless children and youths.--In
this paragraph, the term `homeless children and
youths' has the meaning given the term in
section 725(3) of the McKinney-Vento Homeless
Assistance Act.
``(B) Use of funds.--Notwithstanding the
requirements of subsections (b) and (c) of section
1120A, funds reserved under subparagraph (A) may be
used to provide homeless children and youths with
services not ordinarily provided to other students
under this part, including--
``(i) providing funding for the liaison
designated pursuant to section 722(g)(1)(J)(ii)
of the McKinney-Vento Homeless Assistance Act;
``(ii) providing transportation pursuant to
section 722(g)(1)(J)(iii) of such Act;
``(iii) providing services to preschool-
aged homeless children and homeless secondary
school students;
``(iv) providing support services to
homeless children and youths in shelters and
other locations where they may live; and
``(v) removing barriers to homeless
children and youths' enrollment, attendance,
retention, and success in school.
``(C) Amount reserved.--The amount of funds
reserved under subparagraph (A) shall be determined
collaboratively with the liaison designated pursuant to
section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act and based upon an assessment of the
needs of homeless children and youths in the local
educational agency, including consideration of the
following:
``(i) The percentage of students determined
by the local educational agency to be from a
low-income family using the measures described
in subsection (a)(5).
``(ii) Available data related to child,
youth, and family homelessness in the local
educational agency, including data reported to
the Department of Housing and Urban
Development, data reported to the Department of
Health and Human Services under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.),
and data reported by Head Start, Early Head
Start, and other preschool programs in the
local educational agency.
``(iii) Information related to child,
youth, and family homelessness in the local
educational agency obtained through the
coordination and collaboration required under
subsections (f)(4) and (g)(5) of section 722 of
the McKinney-Vento Homeless Assistance Act.
``(iv) The number of homeless children and
youths reported by the local educational agency
to the State educational agency under section
722(f)(3) of the McKinney-Vento Homeless
Assistance Act for the previous school year.
``(v) Gaps in identification of homeless
children and youths in the local educational
agency, as described by the liaison designated
pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act.
``(vi) Transportation and other needs of
homeless children and youths, as described by
the liaison designated pursuant to section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act.
``(vii) Strategies to improve or maintain
academic achievement and high school graduation
rates for homeless children and youths in the
local educational agency.
``(D) Integration.--The services provided to
homeless children and youths shall, to the maximum
extent practicable, integrate homeless children and
youths with non-homeless children and youths.
``(E) Comparable services.--A local educational
agency shall reserve such funds as are necessary under
this part to provide services comparable to those
provided to children in schools funded under this part
to serve--
``(i) children in local institutions for
neglected children; and
``(ii) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.'';
(4) in section 1114(b)(1)(A) (20 U.S.C. 6314(b)(1)(A)), by
inserting ``and homeless children and youths as defined in
section 725(3) of the McKinney-Vento Homeless Assistance Act''
before ``that is based on information'';
(5) by striking section 1115(b)(2)(E) (20 U.S.C.
6315(b)(2)(E)) and inserting the following:
``(E) Homeless children and youths.--A child or
youth who is homeless, as defined in section 725(3) of
the McKinney-Vento Homeless Assistance Act, and
attending any school served by the local educational
agency is eligible for services under this part.'';
(6) in section 1118(a)(2)(E) (20 U.S.C. 6318(a)(2)(E)), by
inserting ``are homeless,'' before ``are disabled'';
(7) in section 1118(f) (20 U.S.C. 6318(f)), by inserting
``parents of homeless children,'' before ``and parents of
migratory children'';
(8) by striking section 1821(1) (20 U.S.C. 6561(1)) and
inserting the following:
``(1) Low-income student.--The term `low-income student'
means a student who is determined by a local educational agency
to be from a low-income family using the measures described in
section 1113(a)(5), or a student who is a homeless child or
youth, as defined in section 725(3) of the McKinney-Vento
Homeless Assistance Act.'';
(9) in section 1822(b)(1) (20 U.S.C. 6561a(b)(1))--
(A) by amending subparagraph (H) to read as
follows:
``(H) counseling and mentoring for at-risk
students, including students who are homeless children
and youths, as defined in section 725(3) of the
McKinney-Vento Homeless Assistance Act;'';
(B) in subparagraph (I), by striking ``and'' after
the semicolon;
(C) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(K) outreach activities to locate and identify
at-risk students, including homeless children and
youths, as defined in section 725(3) of the McKinney-
Vento Homeless Assistance Act.'';
(10) in section 1823(b)(1) (20 U.S.C. 6561b(b)(1))--
(A) in subparagraph (F), by striking ``and'' after
the semicolon;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(H) describe how the strategies and activities
will include outreach and services to homeless children
and youths, as defined in section 725(3) of the
McKinney-Vento Homeless Assistance Act.'';
(11) in section 1825(1) (20 U.S.C. 6561d(1))--
(A) in subparagraph (A), by inserting ``, including
homeless children and youths, as defined in section
725(3) of the McKinney-Vento Homeless Assistance Act''
after ``at-risk students''; and
(B) in subparagraph (B), by inserting ``, homeless
children and youths (as defined in section 725(3) of
the McKinney-Vento Homeless Assistance Act),'' after
``racial and ethnic minorities'';
(12) in section 4203(a) (20 U.S.C. 7173(a))--
(A) in paragraph (10), by inserting ``, including
homeless children and youths (as defined in section
725(3) of the McKinney-Vento Homeless Assistance
Act),'' after ``participating students'';
(B) in paragraph (13)(B), by striking ``and'' after
the semicolon;
(C) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(15) contains an assurance that the State educational
agency will require eligible entities to describe in the
entities' applications under section 4204(b) how such entities
will ensure the participation, attendance, and success of
eligible homeless children and youths (as defined in section
725(3) of the McKinney-Vento Homeless Assistance Act), paying
particular attention to the needs of unaccompanied youths.'';
and
(13) in section 5203(b)(3)(L) (20 U.S.C. 7221b(b)(3)(L)),
by inserting before the semicolon at the end the following: ``,
and the local educational agency requirements under subtitle B
of title VII of the McKinney-Vento Homeless Assistance Act''.
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Financial Services
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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