42 U.S.C. § 11433 — Local educational agency subgrants for

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). Page 8195 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11433 (3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made, was not less than 90 percent of such combined fiscal effort or ag- gregate expenditures for the second fiscal year preceding the fiscal year for which the deter- mination is made. (4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 11432(g) of this title. (5) A description of policies and procedures, consistent with section 11432(e)(3) of this title, that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youths. (6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 11432(f) of this title. (7) An assurance that the local educational agency will meet the requirements of section 11432(g)(3) of this title. (c) Awards (1) In general The State educational agency shall, in ac- cordance with the requirements of this part and from amounts made available to it under section 11435 of this title, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this part and the quality of the applications sub- mitted. (2) Need In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youths en- rolled in early childhood education and other preschool programs, elementary schools, and secondary schools, within the area served by the local educational agency, and shall con- sider the needs of such children and youths and the ability of the local educational agency to meet such needs. The State educational agency may also consider the following: (A) The extent to which the proposed use of funds will facilitate the identification, en- rollment, retention, and educational success of homeless children and youths. (B) The extent to which the application re- flects coordination with other local and State agencies that serve homeless children and youths. (C) The extent to which the applicant ex- hibits in the application and in current prac- tice (as of the date of submission of the ap- plication) a commitment to education for all homeless children and youths. (D) Such other criteria as the State agen- cy determines appropriate. (3) Quality In determining the quality of applications under paragraph (1), the State educational agency shall consider the following: (A) The applicant’s needs assessment under subsection (b)(1) and the likelihood that the program presented in the applica- tion will meet such needs. (B) The types, intensity, and coordination of the services to be provided under the pro- gram. (C) The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youths in the education of their children. (D) The extent to which homeless children and youths will be integrated into the reg- ular education program. (E) The quality of the applicant’s evalua- tion plan for the program. (F) The extent to which services provided under this part will be coordinated with other services available to homeless children and youths and their families. (G) The extent to which the local edu- cational agency will use the subgrant to le- verage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 11432(g)(1)(J)(ii) of this title and the provision of transpor- tation. (H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Ele- mentary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). (I) The extent to which the applicant’s program meets such other measures as the State educational agency considers indic- ative of a high-quality program, such as the extent to which the local educational agency will provide case management or related services to unaccompanied youths. (d) Authorized activities A local educational agency may use funds awarded under this section for activities that carry out the purpose of this part, including the following: (1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State academic standards as the State establishes for other children and youths. (2) The provision of expedited evaluations of the strengths and needs of homeless children and youths, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and English learn- ers, services provided under title I of the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] or similar State or local programs, programs in career and technical education, and school nutrition programs). (3) Professional development and other ac- tivities for educators and specialized instruc- tional support personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless chil- Page 8196 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11433 dren and youths, the rights of such children and youths under this part, and the specific educational needs of runaway and homeless youths. (4) The provision of referral services to homeless children and youths for medical, dental, mental, and other health services. (5) The provision of assistance to defray the excess cost of transportation for students under section 11432(g)(4)(A) of this title, not otherwise provided through Federal, State, or local funding, where necessary to enable stu- dents to attend the school selected under sec- tion 11432(g)(3) of this title. (6) The provision of developmentally appro- priate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschool-aged homeless children. (7) The provision of services and assistance to attract, engage, and retain homeless chil- dren and youths, particularly homeless chil- dren and youths who are not enrolled in school, in public school programs and services provided to nonhomeless children and youths. (8) The provision for homeless children and youths of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of edu- cational activities. (9) If necessary, the payment of fees and other costs associated with tracking, obtain- ing, and transferring records necessary to en- roll homeless children and youths in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. (10) The provision of education and training to the parents and guardians of homeless chil- dren and youths about the rights of, and re- sources available to, such children and youths, and other activities designed to increase the meaningful involvement of parents and guard- ians of homeless children or youths in the edu- cation of such children or youths. (11) The development of coordination be- tween schools and agencies providing services to homeless children and youths, as described in section 11432(g)(5) of this title. (12) The provision of specialized instruc- tional support services (including violence pre- vention counseling) and referrals for such services. (13) Activities to address the particular needs of homeless children and youths that may arise from domestic violence and parental mental health or substance abuse problems. (14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. (15) The provision of school supplies, includ- ing those supplies to be distributed at shelters or temporary housing facilities, or other ap- propriate locations. (16) The provision of other extraordinary or emergency assistance needed to enable home- less children and youths to attend school and participate fully in school activities. (Pub. L. 100–77, title VII, § 723, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2001; amended Pub. L. 114–95, title IX, § 9103, Dec. 10, 2015, 129 Stat. 2134.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified gen- erally 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. PRIOR PROVISIONS A prior section 11433, Pub. L. 100–77, title VII, § 723, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3962, related to local educational agency grants for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 107–110. Another prior section 11433, Pub. L. 100–77, title VII, § 723, July 22, 1987, 101 Stat. 527; Pub. L. 100–628, title VII, § 702(b), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, § 612(c), Nov. 29, 1990, 104 Stat. 4739, related to local educational agency grants for education of home- less children and youth, prior to the general amend- ment of this part by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 9103(1)(A), sub- stituted ‘‘facilitating the identification, enrollment,’’ for ‘‘facilitating the enrollment,’’. Subsec. (a)(2)(B). Pub. L. 114–95, § 9103(1)(B), inserted ‘‘the related’’ before ‘‘schools’’ in introductory provi- sions. Subsec. (a)(4). Pub. L. 114–95, § 9103(1)(C), added par. (4). Subsec. (b)(6), (7). Pub. L. 114–95, § 9103(2), added pars. (6) and (7). Subsec. (c)(2). Pub. L. 114–95, § 9103(3)(A)(i), sub- stituted ‘‘early childhood education and other pre- school programs, elementary schools, and secondary schools,’’ for ‘‘preschool, elementary, and secondary schools’’ in introductory provisions. Subsec. (c)(2)(A). Pub. L. 114–95, § 9103(3)(A)(ii), in- serted ‘‘identification,’’ before ‘‘enrollment,’’. Subsec. (c)(2)(B). Pub. L. 114–95, § 9103(3)(A)(iii), sub- stituted ‘‘application reflects coordination with other local and State agencies that serve homeless children and youths.’’ for ‘‘application— ‘‘(i) reflects coordination with other local and State agencies that serve homeless children and youths; and ‘‘(ii) describes how the applicant will meet the re- quirements of section 11432(g)(3) of this title.’’ Subsec. (c)(2)(C). Pub. L. 114–95, § 9103(3)(A)(iv), in- serted ‘‘(as of the date of submission of the applica- tion)’’ after ‘‘practice’’. Subsec. (c)(3)(C). Pub. L. 114–95, § 9103(3)(B)(i), in- serted ‘‘extent to which the applicant will promote meaningful’’ after ‘‘The’’. Subsec. (c)(3)(D). Pub. L. 114–95, § 9103(3)(B)(ii), sub- stituted ‘‘into’’ for ‘‘within’’. Subsec. (c)(3)(G), (H). Pub. L. 114–95, § 9103(3)(B)(iv), added subpars. (G) and (H). Former subpar. (G) redesig- nated (I). Subsec. (c)(3)(I). Pub. L. 114–95, § 9103(3)(B)(iii), (v), re- designated subpar. (G) as (I) and substituted ‘‘The ex- tent to which the applicant’s program meets such’’ for ‘‘Such’’. Subsec. (c)(4). Pub. L. 114–95, § 9103(3)(C), struck out par. (4). Text read as follows: ‘‘Grants awarded under this section shall be for terms not to exceed 3 years.’’ Subsec. (d)(1). Pub. L. 114–95, § 9103(4)(A), substituted ‘‘the same challenging State academic standards as’’ for ‘‘the same challenging State academic content Page 8197 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11434 standards and challenging State student academic achievement standards’’. Subsec. (d)(2). Pub. L. 114–95, § 9103(4)(B), substituted ‘‘English learners’’ for ‘‘students with limited English proficiency’’ and ‘‘career’’ for ‘‘vocational’’. Subsec. (d)(3). Pub. L. 114–95, § 9103(4)(C), substituted ‘‘specialized instructional support’’ for ‘‘pupil serv- ices’’. Subsec. (d)(7). Pub. L. 114–95, § 9103(4)(D), substituted ‘‘particularly homeless children and youths who are not enrolled in school,’’ for ‘‘and unaccompanied youths,’’. Subsec. (d)(9). Pub. L. 114–95, § 9103(4)(E), substituted ‘‘other required health’’ for ‘‘medical’’. Subsec. (d)(10). Pub. L. 114–95, § 9103(4)(F), substituted ‘‘parents and guardians’’ for ‘‘parents’’ and inserted be- fore period at end ‘‘, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the edu- cation of such children or youths’’. Subsec. (d)(12). Pub. L. 114–95, § 9103(4)(G), substituted ‘‘specialized instructional support services’’ for ‘‘pupil services’’. Subsec. (d)(13). Pub. L. 114–95, § 9103(4)(H), inserted be- fore period at end ‘‘and parental mental health or sub- stance abuse problems’’. Subsec. (d)(16). Pub. L. 114–95, § 9103(4)(I), inserted be- fore period at end ‘‘and participate fully in school ac- tivities’’. 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. § 11434. Secretarial responsibilities (a) Review of State plans In reviewing the State plan submitted by a State educational agency under section 11432(g) of this title, the Secretary shall use a peer re- view process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of home- less children and youths relating to access to education and placement as described in such plan. (b) Technical assistance The Secretary shall provide support and tech- nical assistance to a State educational agency to assist such agency in carrying out its respon- sibilities 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, up- date 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 home- less children and youths. (d) Evaluation, dissemination, and technical as- sistance The Secretary shall conduct evaluation, dis- semination, 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 to conduct such activities. (e) Submission and distribution The Secretary shall require applications for grants under this part to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. (f) Determination by Secretary The Secretary, based on the information re- ceived from the States and information gathered by the Secretary under subsection (h), shall de- termine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appro- priate public education, as described in section 11431(1) of this title. The Secretary shall provide support and technical assistance to State edu- cational agencies, concerning areas in which documented barriers to a free appropriate public education persist. (g) Guidelines The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after December 10, 2015, guidelines concerning ways in which a State— (1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and (2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school. (h) Information (1) In general From funds appropriated under section 11435 of this title, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and dissemi- nate data and information regarding— (A) the number and primary nighttime res- idence of homeless children and youths in all areas served by local educational agencies; (B) the education and related services such children and youths receive; (C) the extent to which the needs of home- less children and youths are being met; and (D) such other data and information as the Secretary determines to be necessary and relevant to carry out this part. (2) Coordination The Secretary shall coordinate such collec- tion and dissemination with other agencies and entities that receive assistance and ad- minister programs under this part.