42 U.S.C. § 11434a — Definitions

Page 8198 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11434a 1 See References in Text note below. (i) Report Not later than 4 years after December 10, 2015, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of homeless children and youths, which shall include information on— (1) the education of homeless children and youths; and (2) the actions of the Secretary and the ef- fectiveness of the programs supported under this part. (Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2004; amended Pub. L. 114–95, title IX, § 9104, Dec. 10, 2015, 129 Stat. 2136.) Editorial Notes REFERENCES IN TEXT That Act, referred to in subsec. (g)(1), is Pub. L. 114–95, Dec. 10, 2015, 129 Stat. 1802, known as The Every Student Succeeds Act. For complete classification of this Act to the Code, see Short Title of 2015 Amend- ment note set out under section 6301 of this title and Tables. PRIOR PROVISIONS A prior section 11434, Pub. L. 100–77, title VII, § 724, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3964, related to Secretarial responsibilities, prior to the general amendment of this part by Pub. L. 107–110. Another prior section 11434, Pub. L. 100–77, title VII, § 724, July 22, 1987, 101 Stat. 528; Pub. L. 101–645, title VI, § 612(d), Nov. 29, 1990, 104 Stat. 4742, related to national responsibilities, prior to the general amendment of this part by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (c). Pub. L. 114–95, § 9104(1), added sub- sec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Secretary shall, before the next school year that begins after January 8, 2002, create and disseminate nationwide a public no- tice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emer- gency Food and Shelter grantees, and homeless assist- ance programs administered by the Department of Housing and Urban Development.’’ Subsec. (d). Pub. L. 114–95, § 9104(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘The Secretary shall conduct eval- uation and dissemination activities of programs de- signed to meet the educational needs of homeless ele- mentary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.’’ Subsec. (e). Pub. L. 114–95, § 9104(3), substituted ‘‘120- day’’ for ‘‘60-day’’ and ‘‘180-day’’ for ‘‘120-day’’. Subsec. (f). Pub. L. 114–95, § 9104(4), inserted at end ‘‘The Secretary shall provide support and technical as- sistance to State educational agencies, concerning areas in which documented barriers to a free appro- priate public education persist.’’ Subsec. (g). Pub. L. 114–95, § 9104(5), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: ‘‘The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after January 8, 2002, school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe— ‘‘(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and youths in school; and ‘‘(2) how a State can review the State’s require- ments regarding immunization and medical or school records and make such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school imme- diately.’’ Subsec. (h)(1)(A). Pub. L. 114–95, § 9104(6), substituted ‘‘primary nighttime residence’’ for ‘‘location’’ and in- serted before semicolon at end ‘‘in all areas served by local educational agencies’’. Subsec. (i). Pub. L. 114–95, § 9104(7), substituted ‘‘De- cember 10, 2015’’ for ‘‘January 8, 2002’’. 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. § 11434a. Definitions For purposes of this part: (1) The terms ‘‘enroll’’ and ‘‘enrollment’’ in- clude 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); 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 pri- mary nighttime residence that is a public or private place not designed for or ordi- narily used as a regular sleeping accommo- dation for human beings (within the mean- ing of section 11302(a)(2)(C) 1 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) who qualify as homeless for the purposes of this part because the children are living in cir- cumstances 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. (4) The term ‘‘Secretary’’ means the Sec- retary of Education. 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 title 20. Pub. L. 114–95, § 9105(a)(2), which directed technical amendment to reference in original act which appears in text as reference to section 7801 of title 20, could not be executed because of the intervening amendment by Pub. L. 114–95, § 9215(zz). See above and Effective Date of 2015 Amendment notes below. Par. (6). Pub. L. 114–95, § 9105(a)(3), substituted ‘‘homeless child or youth not’’ for ‘‘youth not’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 9215(zz) of Pub. L. 114–95 effec- tive Dec. 10, 2015, except with respect to certain non- competitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under sec- tion 6301 of this title. Pub. L. 114–95, title IX, § 9105(b), Dec. 10, 2015, 129 Stat. 2137, provided that: ‘‘(1) IN GENERAL.—In the case of a State that is not a covered State, the amendment made by subsection (a)(1) [amending this section] shall take effect on the date that is 1 year after the date of enactment of this Act [Dec. 10, 2015]. ‘‘(2) COVERED STATE.—In the case of a covered State, the amendment made by subsection (a)(1) shall take ef- fect on the date that is 2 years after the date of enact- ment of this Act.’’ Amendment by section 9105(a) of Pub. L. 114–95 effec- tive Oct. 1, 2016, except as provided in section 9105(b) of Pub. L. 114–95 (set out above), 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. DEFINITION OF COVERED STATE Pub. L. 114–95, title IX, § 9105(c), Dec. 10, 2015, 129 Stat. 2137, provided that: ‘‘For purposes of this section [amending this section and enacting provisions set out as a note above] the term ‘covered State’ means a State that has a statutory law that defines or describes the phrase ‘awaiting foster care placement’, for purposes of a program under subtitle B of title VII of the McKin- ney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).’’ § 11435. Authorization of appropriations There are authorized to be appropriated to carry out this part $85,000,000 for each of fiscal years 2017 through 2020. (Pub. L. 100–77, title VII, § 726, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2006; amended Pub. L. 110–289, div. B, title IX, § 2901(a), July 30, 2008, 122 Stat. 2875; Pub. L. 114–95, title IX, § 9106, Dec. 10, 2015, 129 Stat. 2137.) Editorial Notes PRIOR PROVISIONS A prior section 11435, Pub. L. 100–77, title VII, § 726, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3965, authorized appropriations, prior to the gen- eral amendment of this part by Pub. L. 107–110. Another prior section 11435, Pub. L. 100–77, title VII, § 726, formerly § 725, July 22, 1987, 101 Stat. 528; Pub. L. 100–628, title VII, § 702(c), Nov. 7, 1988, 102 Stat. 3245; re- numbered § 726, Pub. L. 101–645, title VI, § 613(1), Nov. 29, 1990, 104 Stat. 4743, defined terms used in this part, prior to the general amendment of this part by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95, § 9106, amended section generally. Prior to amendment, text read as follows: ‘‘For the pur- pose of carrying out this part, there are authorized to be appropriated $100,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year.’’ 2008—Pub. L. 110–289 substituted ‘‘$100,000,000 for fis- cal year 2009 and such sums as may be necessary for each subsequent fiscal year’’ for ‘‘$70,000,000 for fiscal year 2002 and such sums as may be necessary for each of fiscal years 2003 through 2007’’. 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. PART C—JOB TRAINING FOR HOMELESS §§ 11441 to 11447. Repealed. Pub. L. 105–220, title I, § 199(a)(5), Aug. 7, 1998, 112 Stat. 1059 Section 11441, Pub. L. 100–77, title VII, § 731, July 22, 1987, 101 Stat. 528, authorized demonstration program for homeless individuals. Section 11442, Pub. L. 100–77, title VII, § 732, July 22, 1987, 101 Stat. 528, related to State coordination with demonstration grant recipients.