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42 U.S.C. § 11434a — Definitions
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
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Stable record: federal_law:legal_authorities:record_usc_a46e331a5d0af8fc4dae39f8
Source file: Laws/federal/codes/united-states-code/title-42/section-11434a-definitions--55245d628e.md
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Source location: Title 42, Chapter 119, § 11434a; chapter-119-homeless-assistance.md
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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-section7801&num=0&edition=prelim).
(4) The term “Secretary” means the Secretary of Education.
(5) The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(6) The term “unaccompanied youth” includes a homeless child or youth not in the physical custody of a parent or guardian.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State allocations** Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of—
(1) the sum of—
(A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and
(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.
**(b) Hold harmless** Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal year.
**(c) Allocation to Puerto Rico**
(1) **In general** — For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—
(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) **Minimum percentage** — The percentage described in paragraph (1)(A) shall not be less than 85 percent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6399
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of this chapter, the terms “homeless”, “homeless individual”, and “homeless person” means— 11 So in original. Probably should be “mean—”.
(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence;
(2) an individual or family with 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, including a car, park, abandoned building, bus or train station, airport, or camping ground;
(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);
(4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided;
(5) an individual or family who—
(A) will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by—
(i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days;
(ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or
(iii) credible evidence indicating that the owner or renter of the housing will not allow the individ
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11302
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11431
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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
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to carry out this part $85,000,000 for each of fiscal years 2017 through 2020.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants and contracts authorized** The Secretary shall, in accordance with the provisions of this division, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
**(b) Recipients, duration, and size**
(1) **Recipients** — For the purposes described in subsection (a), the Secretary is authorized, without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim), to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, including community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and, as appropriate to the purposes of the program, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this division.
(2) **Duration** — Grants or contracts made under this division shall be awarded for a period of 5 years, except that—
(A) in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award;
(B) grants made under [section 1070a–17 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a-17&num=0&editio
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a–12
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authority** The Secretary shall carry out a program to be known as talent search which shall be designed—
(1) to identify qualified youths with potential for education at the postsecondary level and to encourage such youths to complete secondary school and to undertake a program of postsecondary education;
(2) to publicize the availability of, and facilitate the application for, student financial assistance available to persons who pursue a program of postsecondary education; and
(3) to encourage persons who have not completed programs of education at the secondary or postsecondary level to enter or reenter, and complete such programs.
**(b) Required services** Any project assisted under this section shall provide—
(1) connections to high quality academic tutoring services, to enable students to complete secondary or postsecondary courses;
(2) advice and assistance in secondary course selection and, if applicable, initial postsecondary course selection;
(3) assistance in preparing for college entrance examinations and completing college admission applications;
(4)
(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in [section 1090(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1090/a&num=0&edition=prelim);
(5) guidance on and assistance in—
(A) secondary school reentry;
(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
(C) entry in
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a–13
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authority** The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.
**(b) Required services** Any project assisted under this section shall provide—
(1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
(2) advice and assistance in secondary and postsecondary course selection;
(3) assistance in preparing for college entrance examinations and completing college admission applications;
(4)
(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in [section 1090(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1090/a&num=0&edition=prelim);
(5) guidance on and assistance in—
(A) secondary school reentry;
(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
(C) entry into general educational development (GED) programs; or
(D) postsecondary education; and
(6) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.
**(c) Additional required services for multiple-year grant recipients** Any project assisted under this section which has received
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a–14
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