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42 U.S.C. § 11434 — Secretarial responsibilities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11434 — Secretarial responsibilities

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Stable record: federal_law:legal_authorities:record_usc_029be2eb0e99e0dcd0e982c5
Source file: Laws/federal/codes/united-states-code/title-42/section-11434-secretarial-responsibilities--e9cbea2241.md
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Source location: Title 42, Chapter 119, § 11434; chapter-119-homeless-assistance.md

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**(a) Review of State plans** In reviewing the State plan submitted by a State educational agency under [section 11432(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11432/g&num=0&edition=prelim), 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 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 a State educational agency to assist such agency in carrying out its responsibilities under this part, if requested by the State educational agency. **(c) Notice** (1) **In general** — The Secretary shall, before the next school year that begins after December 10, 2015, update and disseminate nationwide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths. (2) **Dissemination** — The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths. **(d) Evaluation, dissemination, and technical assistance** The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under [section 11435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11435&num=0&edition=prelim) to conduct such activities. **(e) Submission and distribution** The Secretary shall require applications for grants under this part 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 and homeless youth has access to a free appropriate public education, as described in [section 11431(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11431/1&num=0&edition=prelim). The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist. **(g) Guidelines** The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after December 10, 2015, guidelines concerning ways in which a State— (1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and (2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school. **(h) Information** (1) **In general** — From funds appropriated under [section 11435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11435&num=0&edition=prelim), the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding— (A) the number and primary nighttime residence of homeless children and youths in all areas served by local educational agencies; (B) the education and related services such children and youths receive; (C) the extent to which the needs of homeless children and youths are being met; and (D) such other data and information as the Secretary determines to be necessary and relevant to carry out this part. (2) **Coordination** — The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this part. **(i) Report** Not later than 4 years after December 10, 2015, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of 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 part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11431 — Statement of policy

The following is the policy of the Congress: (1) Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths. (2) In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths. (3) Homelessness is not sufficient reason to separate students from the mainstream school environment. (4) Homeless children and youths should 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 academic standards to which all students are held.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6301 — Authority to obtain information

**(a) In general** For purposes of carrying out this part, the Commission and the Secretary may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpena served, upon any persons subject to this part, the Commission and the Secretary may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof. **(b) Confidentiality** Any information submitted by any person to the Secretary or the Commission under this part shall not be considered energy information as defined by [section 796(e)(1) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796/e/1&num=0&edition=prelim) for purposes of any verification examination authorized to be conducted by the Comptroller General under [section 6381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6381&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11435 — Authorization of appropriations

There are authorized to be appropriated to carry out this part $85,000,000 for each of fiscal years 2017 through 2020.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11434 — Secretarial responsibilities

Page 8197 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11434 standards and challenging State student academic achievement standards’’. Subsec. (d)(2). Pub. L. 114–95, § 9103(4)(B), substituted ‘‘English learners’’ for ‘‘students with limited English proficiency’’ and ‘‘career’’ for ‘‘vocational’’. Subsec. (d)(3). Pub. L. 114–95, § 9103(4)(C), substituted ‘‘specialized instructional support’’ for ‘‘pupil serv- ices’’. Subsec. (d)(7). Pub. L. 114–95, § 9103(4)(D), substituted ‘‘particularly homeless children and youths who are not enrolled in school,’’ for ‘‘and unaccompanied youths,’’. Subsec. (d)(9). Pub. L. 114–95, § 9103(4)(E), substituted ‘‘other required health’’ for ‘‘medical’’. Subsec. (d)(10). Pub. L. 114–95, § 9103(4)(F), substituted ‘‘parents and guardians’’ for ‘‘parents’’ and inserted be- fore period at end ‘‘, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the edu- cation of such children or youths’’. Subsec. (d)(12). Pub. L. 114–95, § 9103(4)(G), substituted ‘‘specialized instructional support services’’ for ‘‘pupil services’’. Subsec. (d)(13). Pub. L. 114–95, § 9103(4)(H), inserted be- fore period at end ‘‘and parental mental health or sub- stance abuse problems’’. Subsec. (d)(16). Pub. L. 114–95, § 9103(4)(I), inserted be- fore period at end ‘‘and participate fully in school ac- tivities’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Oct. 1, 2016, see section 9107 of Pub. L. 114–95, set out as a note under section 11431 of this title. EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L

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