42 U.S.C. § 11434 — Secretarial responsibilities

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. 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.