Browse Arkansas Code titles and sections
42 U.S.C. § 11435 — Authorization of appropriations
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 96ea2aad9eb4fa44ab2c64c02111af160d51fd4ba3275cd5e590e47fdc135bc4. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_cbe1af45c01c8305210f75c1
Source file: Laws/federal/codes/united-states-code/title-42/section-11435-authorization-of-appropriations--bd1c43c6d6.md
Pages: Not recorded – Not recorded
Passage SHA-256: a6914bdd4319f7b3aed5d050d671781a7c35ac6790311fabad7a5b4b27f9e70b
Source location: Title 42, Chapter 119, § 11435; chapter-119-homeless-assistance.md
Stored source content
There are authorized to be appropriated to carry out this part $85,000,000 for each of fiscal years 2017 through 2020.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** 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).
**(b) Grants from allotments** The Secretary shall make the grants to States from the allotments made under subsection (c)(1).
**(c) Allocation and reservations**
(1) **Allocation**
(A) Subject to subparagraph (B), 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 11435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11435&num=0&edition=prelim) that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 11434(d) and (h) of this title, as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6332](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6332&num=0&edition=prelim)] 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 that no State shall receive less than the greater of—
(i) $150,000;
(ii) one-fourth of 1 percent of the amount appropriated under [section 11435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11435&num=0&edition=prelim) for that year; or
(iii) the amount such State received under this section for fiscal year 2001.
(B) If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (A), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each S
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11432
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority**
(1) **In general** — The State educational agency shall, in accordance with [section 11432(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11432/e&num=0&edition=prelim), and from amounts made available to such agency under [section 11435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11435&num=0&edition=prelim), 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;
(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; and
(iii) shall be designed to expand or improve services provided as part of a school’s regular academic program, but not to replace such services provided under such program.
(B) *Services on school grounds* — If services under paragraph (1) are provided on school grounds, the related schools—
(i) may use funds under this part to provide the same services to other children and youths who are determined by the local educational agency to be at risk of failing in, or dropping out of, school, subject to the requirements of clause (ii); and
(ii) except as otherwise provided in [section 11432(e)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11432/e/3/B&num=0&edition=prelim), shall not provide services in settings within a school that segregate homeless children and youths fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11433
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11434
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8199
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§§ 11441 to 11447
(5) The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
(6) The term ‘‘unaccompanied youth’’ in-
cludes a homeless child or youth not in the
physical custody of a parent or guardian.
(Pub. L. 100–77, title VII, § 725, as added Pub. L.
107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2005;
amended Pub. L. 114–95, title IX, §§ 9105(a),
9215(zz), Dec. 10, 2015, 129 Stat. 2136, 2184.)
Editorial Notes
REFERENCES IN TEXT
Section 11302 of this title, referred to in par. (2)(B)(ii),
was amended by Pub. L. 111–22, div. B, § 1003(a)(2), May
20, 2009, 123 Stat. 1664, and, as so amended, section
11302(a)(2) of this title no longer contains a subpar. (C).
PRIOR PROVISIONS
A prior section 11434a, Pub. L. 100–77, title VII, § 725,
as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108
Stat. 3965, defined terms, prior to the general amend-
ment of this part by Pub. L. 107–110.
Another prior section 11434a, Pub. L. 100–77, title VII,
§ 725, as added Pub. L. 101–645, title VI, § 613(2), Nov. 29,
1990, 104 Stat. 4743, related to reports by Comptroller
General, prior to the general amendment of this part
by Pub. L. 103–382.
A prior section 725 of Pub. L. 100–77 was renumbered
section 726 and was classified to section 11435 of this
title, prior to the general amendment of this part by
Pub. L. 103–382.
AMENDMENTS
2015—Par. (2)(B)(i). Pub. L. 114–95, § 9105(a)(1), inserted
‘‘or’’ before ‘‘are abandoned’’ and struck out ‘‘or are
awaiting foster care placement;’’ after ‘‘hospitals;’’.
Par. (3). Pub. L. 114–95, § 9215(zz), made technical
amendment to reference in original act which appears
in text as reference to section 7801 of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11435
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.