42 U.S.C. § 11432 — Grants for State and local activities for

Page 8186 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 1 See References in Text note below. 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’’ for ‘‘In any State that has a compulsory resi- dency requirement as a component of the State’s com- pulsory school attendance laws or other laws, regula- tions, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youths, the State will review’’. Par. (3). Pub. L. 114–95, § 9101(2), struck out ‘‘alone’’ after ‘‘Homelessness’’. Par. (4). Pub. L. 114–95, § 9101(3), substituted ‘‘chal- lenging State academic standards’’ for ‘‘challenging State student academic achievement standards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–95, title IX, § 9107, Dec. 10, 2015, 129 Stat. 2137, provided that: ‘‘Except as provided in section 9105(b) [set out as a note under section 11434a of this title] or as otherwise provided in this Act [see Tables for classification], this title [probably means ‘‘this part’’, meaning part A (§§ 9101–9107) of title IX of Pub. L. 114–95, amending this section and sections 11432 to 11435 of this title and enacting provisions set out as notes under section 11434a of this title] and the amend- ments made by this title take effect on October 1, 2016.’’ EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 11432. Grants for State and local activities for the education of homeless children and youths (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 Sec- retary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under sec- tion 11435 of this title 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 Sec- ondary 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 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 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 State received under this subsection for the preceding fiscal year. (2) Reservations (A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 11435 of this title 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 need for assistance under this part, as determined by the Secretary. (B)(i) The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 11435 of this title to the De- partment of the Interior for programs for In- dian 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.),1 that are consistent with the purposes of the programs described in this part. (ii) The Secretary and the Secretary of the Interior shall enter into an agreement, con- sistent with the requirements of this part, for the distribution and use of the funds described in clause (i) under terms that the Secretary determines best meet the purposes of the pro- grams described in this part. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts trans- ferred, including appropriate goals, objectives, and milestones. (3) State defined For purposes of this subsection, the term ‘‘State’’ does not include the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Is- lands. (d) Activities Grants under this section shall be used for the following: (1) To carry out the policies set forth in sec- tion 11431 of this title in the State. (2) To provide services and activities to im- prove the identification of homeless children and youths (including preschool-aged homeless children) and enable such children and youths to enroll in, attend, and succeed in school, in- cluding, if appropriate, in preschool programs. (3) To establish or designate in the State educational agency an Office of the Coordi- nator for Education of Homeless Children and Youths that can sufficiently carry out the du- ties described for the Office in this part in ac- cordance with subsection (f). (4) To prepare and carry out the State plan described in subsection (g). (5) To develop and implement professional development programs for liaisons designated under subsection (g)(1)(J)(ii) and other local educational agency personnel— (A) to improve their identification of homeless children and youths; and Page 8187 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 (B) to heighten the awareness of the liai- sons and personnel of, and their capacity to respond to, specific needs in the education of homeless children and youths. (e) State and local subgrants (1) Minimum disbursements by States From the sums made available each year to a State through grants under subsection (a) to carry out this part, the State educational agency shall distribute not less than 75 per- cent in subgrants to local educational agen- cies for the purposes of carrying out section 11433 of this title, except that States funded at the minimum level set forth in subsection (c)(1) shall distribute not less than 50 percent in subgrants to local educational agencies for the purposes of carrying out section 11433 of this title. (2) Use by State educational agency A State educational agency may use the grant funds remaining after the State edu- cational agency distributes subgrants under paragraph (1) to conduct activities under sub- section (f) directly or through grants or con- tracts. (3) Prohibition on segregating homeless stu- dents (A) In general Except as provided in subparagraph (B) and section 11433(a)(2)(B)(ii) of this title, in providing a free public education to a home- less child or youth, no State receiving funds under this part 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. (B) Exception Notwithstanding subparagraph (A), para- graphs (1)(J)(i) and (3) of subsection (g), sec- tion 11433(a)(2) of this title, and any other provision of this part relating to the place- ment of homeless children or youths in schools, a State that has a separate school for homeless children or youths that was op- erated in fiscal year 2000 in a covered county shall be eligible to receive funds under this part for programs carried out in such school if— (i) the school meets the requirements of subparagraph (C); (ii) any local educational agency serving a school that the homeless children and youths enrolled in the separate school are eligible to attend meets the requirements of subparagraph (E); and (iii) the State is otherwise eligible to re- ceive funds under this part. (C) School requirements For the State to be eligible under subpara- graph (B) to receive funds under this part, the school described in such subparagraph shall— (i) provide written notice, at the time any child or youth seeks enrollment in such school, and at least twice annually while the child or youth is enrolled in such school, to the parent or guardian of the child or youth (or, in the case of an unac- companied youth, the youth) that— (I) shall be signed by the parent or guardian (or, in the case of an unaccom- panied youth, the youth); (II) sets forth the general rights pro- vided under this part; (III) specifically states— (aa) the choice of schools homeless children and youths are eligible to at- tend, as provided in subsection (g)(3)(A); (bb) that no homeless child or youth is required to attend a separate school for homeless children or youths; (cc) that homeless children and youths shall be provided comparable services described in subsection (g)(4), including transportation services, edu- cational services, and meals through school meals programs; and (dd) that homeless children and youths should not be stigmatized by school personnel; and (IV) provides contact information for the local liaison for homeless children and youths and the State Coordinator for Education of Homeless Children and Youths; (ii)(I) provide assistance to the parent or guardian of each homeless child or youth (or, in the case of an unaccompanied youth, the youth) to exercise the right to attend the parent’s or guardian’s (or youth’s) choice of schools, as provided in subsection (g)(3)(A); and (II) coordinate with the local edu- cational agency with jurisdiction for the school selected by the parent or guardian (or youth), to provide transportation and other necessary services; (iii) ensure that the parent or guardian (or, in the case of an unaccompanied youth, the youth) shall receive the infor- mation required by this subparagraph in a manner and form understandable to such parent or guardian (or youth), including, if necessary and to the extent feasible, in the native language of such parent or guardian (or youth); and (iv) demonstrate in the school’s applica- tion for funds under this part that such school— (I) is complying with clauses (i) and (ii); and (II) is meeting (as of the date of sub- mission of the application) the same Federal and State standards, regula- tions, and mandates as other public schools in the State (such as complying with section 1111 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311] and providing a full range of education and related services, including services applicable to students with dis- abilities). (D) School ineligibility A separate school described in subpara- graph (B) that fails to meet the standards, Page 8188 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 regulations, and mandates described in sub- paragraph (C)(iv)(II) shall not be eligible to receive funds under this part for programs carried out in such school after the first date of such failure. (E) Local educational agency requirements For the State to be eligible to receive the funds described in subparagraph (B), the local educational agency described in sub- paragraph (B)(ii) shall— (i) implement a coordinated system for ensuring that homeless children and youths— (I) are advised of the choice of schools provided in subsection (g)(3)(A); (II) are immediately enrolled, in ac- cordance with subsection (g)(3)(C), in the school selected under subsection (g)(3)(A); and (III) are promptly provided necessary services described in subsection (g)(4), including transportation, to allow home- less children and youths to exercise their choices of schools under subsection (g)(3)(A); (ii) document that written notice has been provided— (I) in accordance with subparagraph (C)(i) for each child or youth enrolled in a separate school under subparagraph (B); and (II) in accordance with subsection (g)(6)(A)(vi); (iii) prohibit schools within the agency’s jurisdiction from referring homeless chil- dren or youths to, or requiring homeless children and youths to enroll in or attend, a separate school described in subpara- graph (B); (iv) identify and remove any barriers that exist in schools within the agency’s jurisdiction that may have contributed to the creation or existence of separate schools described in subparagraph (B); and (v) not use funds received under this part to establish— (I) new or additional separate schools for homeless children or youths; or (II) new or additional sites for separate schools for homeless children or youths, other than the sites occupied by the schools described in subparagraph (B) in fiscal year 2000. (F) Report (i) Preparation The Secretary shall prepare a report on the separate schools and local educational agencies described in subparagraph (B) that receive funds under this part in ac- cordance with this paragraph. The report shall contain, at a minimum, information on— (I) compliance with all requirements of this paragraph; (II) barriers to school access in the school districts served by the local edu- cational agencies; (III) the progress the separate schools are making in integrating homeless chil- dren and youths into the mainstream school environment, including the aver- age length of student enrollment in such schools; and (IV) the progress the separate schools are making in helping all students meet the challenging State academic stand- ards. (ii) Compliance with information requests For purposes of enabling the Secretary to prepare the report, the separate schools and local educational agencies shall co- operate with the Secretary and the State Coordinator for Education of Homeless Children and Youths established in the State under subsection (d)(3), and shall comply with any requests for information by the Secretary and State Coordinator for such State. (iii) Submission The Secretary shall submit the report described in clause (i) to— (I) the President; (II) the Committee on Education and the Workforce of the House of Represent- atives; and (III) the Committee on Health, Edu- cation, Labor, and Pensions of the Sen- ate. (G) Definition For purposes of this paragraph, the term ‘‘covered county’’ means— (i) San Joaquin County, California; (ii) Orange County, California; (iii) San Diego County, California; and (iv) Maricopa County, Arizona. (f) Functions of the Office of the Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publicly available reli- able, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency’s website; (B) the nature and extent of the problems homeless children and youths have in gain- ing access to public preschool programs and to public elementary schools and secondary schools; (C) the difficulties in identifying the spe- cial needs and barriers to the participation and achievement of such children and youths; (D) any progress made by the State edu- cational agency and local educational agen- cies in the State in addressing such prob- lems and difficulties; and (E) the success of the programs under this part in identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school; (2) develop and carry out the State plan de- scribed in subsection (g); (3) collect data for and transmit to the Sec- retary, at such time and in such manner as the Page 8189 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the re- sponsibilities under section 11434(h) of this title; (4) in order to improve the provision of com- prehensive education and related services to homeless children and youths and their fami- lies, coordinate activities and collaborate with— (A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; (B) providers of services to homeless chil- dren and youths and their families, includ- ing public and private child welfare and so- cial services agencies, law enforcement agencies, juvenile and family courts, agen- cies providing mental health services, do- mestic violence agencies, child care pro- viders, runaway and homeless youth centers, and providers of services and programs fund- ed under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); 1 (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 pro- grams for homeless youths; (D) local educational agency liaisons des- ignated under subsection (g)(1)(J)(ii) for homeless children and youths; and (E) community organizations and groups representing homeless children and youths and their families; (5) provide technical assistance to and con- duct 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 sub- section (e)(3) and paragraphs (3) through (7) of subsection (g); (6) provide professional development oppor- tunities for local educational agency per- sonnel and the local educational agency liai- son designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identi- fying and meeting the needs of homeless chil- dren and youths, and provide training on the definitions of terms related to homelessness specified in sections 11302, 11360, and 11434a of this title to the liaison; and (7) respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry re- ceives the full protections and services pro- vided by this part. (g) State plan (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan to pro- vide for the education of 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 aca- demic standards as all students are expected to meet. (B) A description of the procedures the State educational agency will use to identify such children and youths in the State and to assess their needs. (C) A description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths. (D) A description of programs for school personnel (including liaisons designated under subparagraph (J)(ii), principals and other school leaders, attendance officers, teachers, enrollment personnel, and special- ized instructional support personnel) to heighten the awareness of such school per- sonnel of the specific needs of homeless chil- dren and youths, including such children and youths who are runaway and homeless youths. (E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local nutri- tion programs. (F) A description of procedures that ensure that— (i) homeless children have access to pub- lic preschool programs, administered by the State educational agency or local edu- cational agency, as provided to other chil- dren in the State; (ii) youths described in section 11434a(2) of this title and youths separated from public schools are identified and accorded equal access to appropriate secondary edu- cation and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily com- pleted while attending a prior school, in accordance with State, local, and school policies; and (iii) homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school pro- grams, if such programs are available at the State and local levels. (G) Strategies to address problems identi- fied in the report 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 problems re- sulting from enrollment delays that are caused by— (i) requirements of immunization and other required health records; (ii) residency requirements; Page 8190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 (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 edu- cational agency and local educational agen- cies in the State have developed, and shall review and revise, policies to remove bar- riers to the identification of homeless chil- dren and youths, and the enrollment and re- tention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences. (J) Assurances that the following will be carried out: (i) 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) The local educational agencies will designate an appropriate staff person, able to carry out the duties described in para- graph (6)(A), who may also be a coordi- nator for other Federal programs, as a local educational agency liaison for home- less children and youths. (iii) The State and the local educational agencies in the State will adopt policies and practices to ensure that transpor- tation is provided, at the request of the parent or guardian (or in the case of an un- accompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), in accordance with the following, as applicable: (I) If the child or youth continues to live in the area served by the local edu- cational agency in which the school of origin is located, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located. (II) If the child’s or youth’s living ar- rangements in the area served by the local educational agency of origin termi- nate and the child or youth, though con- tinuing the child’s or youth’s education in the school of origin, begins living in an area served by another local edu- cational agency, the local educational agency of origin and the local edu- cational agency in which the child or youth is living shall agree upon a meth- od to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally. (iv) The State and the local educational agencies in the State will adopt policies and practices to ensure participation by li- aisons described in clause (ii) in profes- sional development and other technical as- sistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator. (K) A description of how youths described in section 11434a(2) of this title will receive assistance from counselors to advise such youths, and prepare and improve the readi- ness of such youths for college. (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 para- graphs (3) through (7). (B) Coordination Such plan shall indicate what technical as- sistance the State will furnish to local edu- cational agencies and how compliance ef- forts will be coordinated with the local edu- cational 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 part shall, according to the child’s or youth’s best interest— (i) continue the child’s or youth’s edu- cation in the school of origin for the dura- tion of homelessness— (I) in any case in which a family be- comes homeless between academic years or during an academic year; and (II) for the remainder of the academic year, if the child or youth becomes per- manently housed during an academic year; or (ii) enroll the child or youth in any pub- lic school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligi- ble to attend. (B) School stability 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 request of the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the youth; (ii) consider student-centered factors re- lated to the child’s or youth’s best inter- est, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth; (iii) if, after conducting the best interest determination based on consideration of the presumption in clause (i) and the stu- dent-centered factors in clause (ii), the Page 8191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 local educational agency determines that it is not in the child’s or youth’s best in- terest to attend the school of origin or the school requested by the parent or guard- ian, or (in the case of an unaccompanied youth) the youth, provide the child’s or youth’s parent or guardian or the unac- companied youth with a written expla- nation of the reasons for its determina- tion, in a manner and form understandable to such parent, guardian, or unaccom- panied youth, including information re- garding the right to appeal under subpara- graph (E); and (iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison designated under paragraph (1)(J)(ii) assists in placement or enroll- ment decisions under this subparagraph, gives priority to the views of such unac- companied youth, and provides notice to such youth of the right to appeal under subparagraph (E). (C) Immediate 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 nor- mally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other doc- umentation; or (II) has missed application or enroll- ment 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 im- munizations or other required health records, the enrolling school shall imme- diately refer the parent or guardian of the child or youth, or (in the case of an unac- companied youth) the 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 re- quired health records, in accordance with subparagraph (D). (D) Records Any record ordinarily kept by the school, including immunization or other required health records, academic records, birth cer- tificates, guardianship records, and evalua- tions for special services or programs, re- garding each homeless child or youth shall be maintained— (i) so that the records involved are avail- able, in a timely fashion, when a child or youth enters a new school or school dis- trict; and (ii) in a manner consistent with section 1232g of title 20. (E) Enrollment disputes If a dispute arises over eligibility, or school selection or enrollment in a school— (i) the child or youth shall be imme- diately enrolled in the school in which en- rollment is sought, pending final resolu- tion of the dispute, including all available appeals; (ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions re- lated to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the par- ent, guardian, or unaccompanied youth to appeal such decisions; (iii) the parent, guardian, or unaccom- panied 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 de- scribed in paragraph (1)(C) as expeditiously as possible after receiving notice of the 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 enroll- ment pending resolution of such dispute. (F) Placement choice The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere. (G) Privacy Information about a homeless child’s or youth’s living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 1232g of title 20. (H) Contact information Nothing in this part shall prohibit a local educational agency from requiring a parent or guardian of a homeless child or youth to submit contact information. (I) 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, in- cluding a preschool. (ii) Receiving school When the child or youth completes the final grade level served by the school of or- igin, as described in clause (i), the term ‘‘school of origin’’ shall include the des- ignated receiving school at the next grade level for all feeder schools. (4) Comparable services Each homeless child or youth to be assisted under this part shall be provided services com- Page 8192 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 parable to services offered to other students in the school selected under paragraph (3), in- cluding the following: (A) Transportation services. (B) Educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or local programs, educational programs for children with disabilities, and educational programs for English learners. (C) Programs in career and technical edu- cation. (D) Programs for gifted and talented stu- dents. (E) School nutrition programs. (5) Coordination (A) In general Each local educational agency serving homeless children and youths that receives assistance under this part shall coordinate— (i) the provision of services under this part with local social services agencies and other agencies or entities providing serv- ices to homeless children and youths and their families, including services and pro- grams funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); 1 and (ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies. (B) Housing assistance If applicable, each State educational agen- cy and local educational agency that re- ceives assistance under this part shall co- ordinate with State and local housing agen- cies responsible for developing the com- prehensive housing affordability strategy de- scribed in section 12705 of this title to mini- mize educational disruption for children and youths who become homeless. (C) Coordination purpose The coordination required under subpara- graphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youths are promptly identified; (ii) ensure that all homeless children and youths have access to, and are in reason- able proximity to, available education and related support services; and (iii) raise the awareness of school per- sonnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (D) Homeless children and youths with dis- abilities For children and youths who are to be as- sisted both under this part, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 794 of title 29, each local educational agency shall co- ordinate the provision of services under this part with the provision of programs for chil- dren with disabilities served by that local educational agency and other involved 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) homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies; (ii) homeless children and youths are en- rolled in, and have a full and equal oppor- tunity to succeed in, schools of that local educational agency; (iii) homeless families and homeless chil- dren and youths have access to and receive educational services for which such fami- lies, children, and youths are eligible, in- cluding services through Head Start pro- grams (including Early Head Start pro- grams) under the Head Start Act (42 U.S.C. 9831 et seq.), early intervention services under part C of the Individuals with Dis- abilities Education Act (20 U.S.C. 1431 et seq.), and other preschool programs admin- istered by the local educational agency; (iv) homeless families and homeless chil- dren and youths receive referrals to health care services, dental services, mental health and substance abuse services, hous- ing services, and other appropriate serv- ices; (v) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are pro- vided with meaningful opportunities to participate in the education of their chil- dren; (vi) public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, in- cluding schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guard- ians of homeless children and youths, and unaccompanied youths; (vii) enrollment disputes are mediated in accordance with paragraph (3)(E); (viii) the parent or guardian of a home- less child or youth, and any unaccom- panied youth, is fully informed of all transportation services, including trans- portation to the school of origin, as de- scribed in paragraph (1)(J)(iii), and is as- sisted in accessing transportation to the school that is selected under paragraph (3)(A); (ix) school personnel providing services under this part receive professional devel- opment and other support; and (x) unaccompanied youths— (I) are enrolled in school; (II) have opportunities to meet the same challenging State academic stand- ards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and Page 8193 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 (III) are informed of their status as independent students under section 1087vv of title 20 and that the youths may obtain assistance from the local educational agency liaison to receive verification of such status for purposes of the Free Application for Federal Stu- dent Aid described in section 1090 of title 20. (B) Notice State Coordinators established under sub- section (d)(3) and local educational agencies shall inform school personnel, service pro- viders, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local edu- cational agency liaisons, and publish an an- nually updated list of the liaisons on the State educational agency’s website. (C) Local and State coordination Local educational agency liaisons for homeless children and youths shall, as a part of their duties, coordinate and collaborate with State Coordinators and community and school personnel responsible for the provi- sion of education and related services to homeless children and youths. Such coordi- nation 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) Homeless status A local educational agency liaison des- ignated under paragraph (1)(J)(ii) who re- ceives training described in subsection (f)(6) may affirm, without further agency action by the Department of Housing and Urban Development, that a child or youth who is eligible for and participating in a program provided by the local educational agency, or the immediate family of such a child or youth, who meets the eligibility require- ments of this chapter for a program or serv- ice authorized under subchapter IV, is eligi- ble for such program or service. (7) Review and revisions (A) In general Each State educational agency and local educational agency that receives assistance under this part shall review and revise any policies that may act as barriers to the iden- tification of homeless children and youths or the enrollment of homeless children and youths in schools that are selected under paragraph (3). (B) Consideration In reviewing and revising such policies, consideration shall be given to issues con- cerning transportation, immunization, resi- dency, birth certificates, school records and other documentation, and guardianship. (C) Special attention Special attention shall be given to ensur- ing the identification, enrollment, and at- tendance of homeless children and youths who are not currently attending school. (Pub. L. 100–77, title VII, § 722, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 1990; amended Pub. L. 110–289, div. B, title IX, § 2901(b), July 30, 2008, 122 Stat. 2875; Pub. L. 114–95, title IX, § 9102, Dec. 10, 2015, 129 Stat. 2124.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c)(2)(B)(i), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to edi- torial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Runaway and Homeless Youth Act, referred to in subsecs. (f)(4)(B) and (g)(5)(A)(i), is title III of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1129, which was classified generally to subchapter III (§ 5701 et seq.) of chapter 72 of this title, prior to editorial reclassification and re- numbering as subchapter III (§ 11201 et seq.) of chapter 111 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables. The Elementary and Secondary Education Act of 1965, referred to in subsec. (g)(4)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (g)(5)(D), (6)(A)(iii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classi- fied generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Head Start Act, referred to in subsec. (g)(6)(A)(iii), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. This chapter, referred to in subsec. (g)(6)(D), was in the original ‘‘this Act’’, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. PRIOR PROVISIONS A prior section 11432, Pub. L. 100–77, title VII, § 722, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, related to grants for State and local activi- ties for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 107–110. Another prior section 11432, Pub. L. 100–77, title VII, § 722, July 22, 1987, 101 Stat. 525; Pub. L. 100–628, title VII, § 702(a), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, § 612(b), Nov. 29, 1990, 104 Stat. 4735, related to grants for State and local activities for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–95, § 9102(1), added sub- sec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘No State may re- Page 8194 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11433 ceive a grant under this section unless the State edu- cational agency submits an application to the Sec- retary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.’’ Subsec. (d)(2). Pub. L. 114–95, § 9102(2)(A), substituted ‘‘To provide services and activities to improve the iden- tification of homeless children and youths (including preschool-aged homeless children) and enable’’ for ‘‘To provide activities for, and services to, homeless chil- dren, including preschool-aged homeless children, and youths that enable’’ and ‘‘including, if’’ for ‘‘or, if’’. Subsec. (d)(3). Pub. L. 114–95, § 9102(2)(B), substituted ‘‘designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this part in accordance with subsection (f).’’ for ‘‘designate an Office of Coordinator for Education of Homeless Children and Youths in the State educational agency in accordance with sub- section (f) of this section.’’ Subsec. (d)(5). Pub. L. 114–95, § 9102(2)(C), added par. (5) and struck out former par. (5) which read as follows: ‘‘To develop and implement professional development programs for school personnel to heighten their aware- ness of, and capacity to respond to, specific problems in the education of homeless children and youths.’’ Subsec. (e)(1). Pub. L. 114–95, § 9102(3)(A), inserted ‘‘a State through grants under subsection (a) to’’ after ‘‘each year to’’. Subsec. (e)(2). Pub. L. 114–95, § 9102(3)(B), substituted ‘‘the grant funds remaining after the State educational agency distributes subgrants under paragraph (1)’’ for ‘‘funds made available for State use under this part’’. Subsec. (e)(3)(C)(iv)(II). Pub. L. 114–95, § 9102(3)(C)(i), substituted ‘‘section 1111’’ for ‘‘sections 1111 and 1116’’. Subsec. (e)(3)(E)(ii)(II). Pub. L. 114–95, § 9102(3)(C)(ii), substituted ‘‘subsection (g)(6)(A)(vi)’’for ‘‘subsection (g)(6)(A)(v)’’. Subsec. (e)(3)(F)(i)(IV). Pub. L. 114–95, § 9102(3)(C)(iii)(I), added subcl. (IV). Subsec. (e)(3)(F)(iii). Pub. L. 114–95, § 9102(3)(C)(iii)(II), substituted ‘‘The’’ for ‘‘Not later than 2 years after January 8, 2002, the’’. Subsec. (f). Pub. L. 114–95, § 9102(4), added subsec. (f) and struck out former subsec. (f) which related to the functions of the Office of Coordinator. Subsec. (g). Pub. L. 114–95, § 9102(5), added subsec. (g) and struck out former subsec. (g) which related to State plans to provide for the education of homeless children and youths. Subsec. (h). Pub. L. 114–95, § 9102(6), struck out subsec. (h) which related to emergency assistance for certain individuals who become homeless due to home fore- closure. 2008—Subsec. (h). Pub. L. 110–289 added subsec. (h). 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. 107–110, set out as a note under section 6301 of Title 20, Education. § 11433. Local educational agency subgrants for the education of homeless children and youths (a) General authority (1) In general The State educational agency shall, in ac- cordance with section 11432(e) of this title, and from amounts made available to such agency under section 11435 of this title, make sub- grants to local educational agencies for the purpose of facilitating the identification, en- rollment, 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 prac- ticable, be provided through existing pro- grams and mechanisms that integrate homeless children and youths with non- homeless children and youths; and (iii) shall be designed to expand or im- prove 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 pro- vided on school grounds, the related schools— (i) may use funds under this part to pro- vide 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, sub- ject to the requirements of clause (ii); and (ii) except as otherwise provided in sec- tion 11432(e)(3)(B) of this title, shall not provide services in settings within a school that segregate homeless children and youths from other children and youths, ex- cept as necessary for short periods of time— (I) for health and safety emergencies; or (II) to provide temporary, special, and supplementary services to meet the unique needs of homeless children and youths. (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 reg- ular academic program. (4) Duration of grants Subgrants made under this section shall be for terms of not to exceed 3 years. (b) Application A local educational agency that desires to re- ceive 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 re- lated needs of homeless children and youths in the area served by such agency (which may be undertaken as part of needs assessments for other disadvantaged groups). (2) A description of the services and pro- grams for which assistance is sought to ad- dress the needs identified in paragraph (1).