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42 U.S.C. § 11431 — Statement of policy
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-42/section-11431-statement-of-policy--0d3cd7a533.md
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Source location: Title 42, Chapter 119, § 11431; chapter-119-homeless-assistance.md
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) The terms “enroll” and “enrollment” include attending classes and participating fully in school activities.
(2) The term “homeless children and youths”—
(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of [section 11302(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a/1&num=0&edition=prelim)); and
(B) includes—
(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;
(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 11302(a)(2)(C) 11 See References in Text note below. of this title);
(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 6399 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6399&num=0&edition=prelim)) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii).
(3) The terms “local educational agency” and “State educational agency” have the meanings given such terms in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11434a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required activities** Each eligible entity receiving a grant under this division shall provide comprehensive mentoring, outreach, and supportive services to students participating in the programs under this division. Such activities shall include the following:
(1) Providing information regarding financial aid for postsecondary education to participating students in the cohort described in [section 1070a–22(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a–22/d/1/A&num=0&edition=prelim) or to priority students described in subsection (d).
(2) Encouraging student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.
(3) Improving the number of participating students who—
(A) obtain a secondary school diploma; and
(B) complete applications for and enroll in a program of postsecondary education.
(4) In the case of an eligible entity described in [section 1070a–21(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a–21/c/1&num=0&edition=prelim), providing for the scholarships described in [section 1070a–25 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a-25&num=0&edition=prelim).
**(b) Permissible activities for States and partnerships** An eligible entity that receives a grant under this division may use grant funds to carry out one or more of the following activities:
(1) Providing tutors and mentors, who may include adults or former participants of a program under this division, for eligible students.
(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a–25
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:
(1) **Free appropriate public education**
(A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
(B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
(I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or
(II) did not have an individualized education program under this subchapter.
(C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) education is fundamental to the development of individual citizens and the progress of the Nation;
(2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex;
(3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role;
(4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States;
(5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home;
(6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted;
(7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities;
(8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education;
(9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority**
(1) **Transfer** — The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of subchapter VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act [[42 U.S.C. 11431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11431&num=0&edition=prelim) et seq.], the amounts allotted to the Department of the Interior under those programs.
(2) **Agreement**
(A) *In general* — The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.
(B) *Contents* — The agreement shall—
(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and
(ii) be developed in consultation with Indian tribes.
**(b) Administration** The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section.
**(c) Accountability system**
(1) For the purposes of part A of subchapter I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7824
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Runaway and homeless youth center; project providing temporary shelter; counseling services** To be eligible for assistance under [section 11211(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11211/a&num=0&edition=prelim), an applicant shall propose to establish, strengthen, or fund an existing or proposed runaway and homeless youth center, a locally controlled project (including a host family home) that provides temporary shelter, and counseling services to youth who have left home without permission of their parents or guardians or to other homeless youth.
**(b) Provisions of plan** In order to qualify for assistance under [section 11211(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11211/a&num=0&edition=prelim), an applicant shall submit a plan to the Secretary including assurances that the applicant—
(1) shall operate a runaway and homeless youth center located in an area which is demonstrably frequented by or easily reachable by runaway and homeless youth;
(2) shall use such assistance to establish, to strengthen, or to fund a runaway and homeless youth center, or a locally controlled facility providing temporary shelter, that has—
(A) a maximum capacity of not more than 20 youth, except where the applicant assures that the State where the center or locally controlled facility is located has a State or local law or regulation that requires a higher maximum to comply with licensure requirements for child and youth serving facilities; and
(B) a ratio of staff to youth that is sufficient to ensure adequate supervision and treatment;
(3) shall develop adequate plans for contacting the parents or other relatives of the youth and ensuring the safe return of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11214
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such project—
(1) to provide, by grant, agreement, or contract, shelter (such as group homes, including maternity group homes, host family homes, and supervised apartments) and provide, by grant, agreement, or contract, services,11 So in original. The comma probably should not appear. (including information and counseling services in basic life skills which shall include money management, budgeting, consumer education, and use of credit, parenting skills (as appropriate), interpersonal skill building, educational advancement, job attainment skills, and mental and physical health care) to homeless youth;
(2) to provide such shelter and such services to individual homeless youth throughout a continuous period not to exceed 540 days, or in exceptional circumstances 635 days, except that a youth in a program under this part who has not reached 18 years of age on the last day of the 635-day period may, in exceptional circumstances and if otherwise qualified for the program, remain in the program until the youth’s 18th birthday;
(3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home;
(4) that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff);
(5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services;
(6) to provide a written transitional living plan to each youth based on an a
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11241
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **At risk of homelessness** — The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family—
(A) has income below 30 percent of median income for the geographic area;
(B) has insufficient resources immediately available to attain housing stability; and
(C)
(i) has moved frequently because of economic reasons;
(ii) is living in the home of another because of economic hardship;
(iii) has been notified that their right to occupy their current housing or living situation will be terminated;
(iv) lives in a hotel or motel;
(v) lives in severely overcrowded housing;
(vi) is exiting an institution; or
(vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness.
Such term includes all families with children and youth defined as homeless under other Federal statutes.
(2) **Chronically homeless**
(A) *In general* — The term “chronically homeless” means, with respect to an individual or family, that the individual or family—
(i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter;
(ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and
(iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11360
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Site control** The Secretary shall require that each application include reasonable assurances that the applicant will own or have control of a site for the proposed project not later than the expiration of the 12-month period beginning upon notification of an award for grant assistance, unless the application proposes providing supportive housing assistance under [section 11383(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a/3&num=0&edition=prelim) or housing that will eventually be owned or controlled by the families and individuals served. An applicant may obtain ownership or control of a suitable site different from the site specified in the application. If any recipient or project sponsor fails to obtain ownership or control of the site within 12 months after notification of an award for grant assistance, the grant shall be recaptured and reallocated under this part.
**(b) Required agreements** The Secretary may not provide assistance for a proposed project under this part unless the collaborative applicant involved agrees—
(1) to ensure the operation of the project in accordance with the provisions of this part;
(2) to monitor and report to the Secretary the progress of the project;
(3) to ensure, to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities for the project and in providing supportive services for the project;
(4) to require certification from all project sponsors that—
(A) they will maintain the confidentiality of records pertaining to any individual or family provided family violence prevention or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11386
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