42 U.S.C. § 11432 : US Code - Section 11432: Grants for State and local activities for the education of homeless children and youths

Search 42 U.S.C. § 11432 : US Code - Section 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) of this section.
(b) Application
No State may receive a grant under this section unless the State
educational agency submits an application to the Secretary at such
time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
(c) Allocation and reservations
(1) Allocation
(A) Subject to subparagraph (B), the Secretary is authorized to
allot to each State an amount that bears the same ratio to the
amount appropriated for such year under section 11435 of this
title that remains after the Secretary reserves funds under
paragraph (2) and uses funds to carry out section 11434(d) and
(h) of this title, as the amount allocated under section 1122 of
the Elementary and Secondary Education Act of 1965 [20 U.S.C.
6332] 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 Department of the Interior for programs for Indian
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.), 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, consistent 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 programs described in this part. Such
agreement shall set forth the plans of the Secretary of the
Interior for the use of the amounts transferred, 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 Islands.
(d) Activities
Grants under this section shall be used for the following:
(1) To carry out the policies set forth in section 11431 of
this title in the State.
(2) To provide activities for, and services to, homeless
children, including preschool-aged homeless children, and youths
that enable such children and youths to enroll in, attend, and
succeed in school, or, if appropriate, in preschool programs.
(3) To establish or designate an Office of Coordinator for
Education of Homeless Children and Youths in the State
educational agency in accordance with subsection (f) of this
section.
(4) To prepare and carry out the State plan described in
subsection (g) of this section.
(5) To develop and implement professional development programs
for school personnel to heighten their awareness of, and capacity
to respond to, specific problems 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 carry out this part,
the State educational agency shall distribute not less than 75
percent in subgrants to local educational agencies 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)
of this section 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 funds made available for
State use under this part to conduct activities under subsection
(f) of this section directly or through grants or contracts.
(3) Prohibition on segregating homeless students
(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 homeless 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), paragraphs (1)(J)(i) and
(3) of subsection (g) of this section, section 11433(a)(2) of
this title, and any other provision of this part relating to
the placement of homeless children or youths in schools, a
State that has a separate school for homeless children or
youths that was operated 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 receive funds
under this part.
(C) School requirements
For the State to be eligible under subparagraph (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 unaccompanied youth, the youth) that - 
(I) shall be signed by the parent or guardian (or, in the
case of an unaccompanied youth, the youth);
(II) sets forth the general rights provided under this
part;
(III) specifically states - 
(aa) the choice of schools homeless children and youths
are eligible to attend, as provided in subsection
(g)(3)(A) of this section;
(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) of this section, including transportation
services, educational 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) of this section;
and
(II) coordinate with the local educational 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
information 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 application 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 submission of the
application) the same Federal and State standards,
regulations, and mandates as other public schools in the
State (such as complying with sections 1111 and 1116 of the
Elementary and Secondary Education Act of 1965 [20 U.S.C.
6311, 6316] and providing a full range of education and
related services, including services applicable to students
with disabilities).
(D) School ineligibility
A separate school described in subparagraph (B) that fails to
meet the standards, regulations, and mandates described in
subparagraph (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
subparagraph (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) of this section;
(II) are immediately enrolled, in accordance with
subsection (g)(3)(C) of this section, in the school
selected under subsection (g)(3)(A) of this section; and
(III) are promptly provided necessary services described
in subsection (g)(4) of this section, including
transportation, to allow homeless children and youths to
exercise their choices of schools under subsection
(g)(3)(A) of this section;
(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)(v) of this
section;
(iii) prohibit schools within the agency's jurisdiction
from referring homeless children or youths to, or requiring
homeless children and youths to enroll in or attend, a
separate school described in subparagraph (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
accordance 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 educational agencies; and
(III) the progress the separate schools are making in
integrating homeless children and youths into the
mainstream school environment, including the average length
of student enrollment in such schools.
(ii) Compliance with information requests
For purposes of enabling the Secretary to prepare the
report, the separate schools and local educational agencies
shall cooperate with the Secretary and the State Coordinator
for Education of Homeless Children and Youths established in
the State under subsection (d)(3) of this section, and shall
comply with any requests for information by the Secretary and
State Coordinator for such State.
(iii) Submission
Not later than 2 years after January 8, 2002, 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 Representatives; and
(III) the Committee on Health, Education, Labor, and
Pensions of the Senate.
(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 Coordinator
The Coordinator for Education of Homeless Children and Youths
established in each State shall - 
(1) gather reliable, valid, and comprehensive information on
the nature and extent of the problems homeless children and
youths have in gaining access to public preschool programs and to
public elementary schools and secondary schools, the difficulties
in identifying the special needs of such children and youths, any
progress made by the State educational agency and local
educational agencies in the State in addressing such problems and
difficulties, and the success of the programs under this part in
allowing homeless children and youths to enroll in, attend, and
succeed in, school;
(2) develop and carry out the State plan described in
subsection (g) of this section;
(3) collect and transmit to the Secretary, at such time and in
such manner as the Secretary may require, a report containing
such information as the Secretary determines is necessary to
assess the educational needs of homeless children and youths
within the State;
(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
(including agencies providing mental health services) to provide
services to homeless children, including preschool-aged homeless
children, and youths, and to families of such children and
youths;
(5) in order to improve the provision of comprehensive
education and related services to homeless children and youths
and their families, coordinate and collaborate with - 
(A) educators, including child development and preschool
program personnel;
(B) providers of services to homeless and runaway children
and youths and homeless families (including domestic violence
agencies, shelter operators, transitional housing facilities,
runaway and homeless youth centers, and transitional living
programs for homeless youths);
(C) local educational agency liaisons designated under
subsection (g)(1)(J)(ii) of this section for homeless children
and youths; and
(D) community organizations and groups representing homeless
children and youths and their families; and
(6) provide technical assistance to local educational agencies
in coordination with local educational agency liaisons designated
under subsection (g)(1)(J)(ii) of this section, to ensure that
local educational agencies comply with the requirements of
subsection (e)(3) of this section and paragraphs (3) through (7)
of subsection (g) of this section.
(g) State plan
(1) In general
Each State shall submit to the Secretary a plan to provide 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 academic achievement standards 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 special 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
principals, attendance officers, teachers, enrollment
personnel, and pupil services personnel) to heighten the
awareness of such personnel of the specific needs of 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 food
programs.
(F) A description of procedures that ensure that - 
(i) homeless children have equal access to the same public
preschool programs, administered by the State agency, as
provided to other children in the State;
(ii) homeless youths and youths separated from the public
schools are identified and accorded equal access to
appropriate secondary education and support services; and
(iii) homeless children and youths who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs.
(G) Strategies to address problems identified in the report
provided to the Secretary under subsection (f)(3) of this
section.
(H) Strategies to address other problems with respect to the
education of homeless children and youths, including problems
resulting from enrollment delays that are caused by - 
(i) immunization and medical records requirements;
(ii) residency requirements;
(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 educational agency and
local educational agencies in the State have developed, and
shall review and revise, policies to remove barriers to the
enrollment and retention of homeless children and youths in
schools in the State.
(J) Assurances that - 
(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) local educational agencies will designate an
appropriate staff person, who may also be a coordinator for
other Federal programs, as a local educational agency liaison
for homeless children and youths, to carry out the duties
described in paragraph (6)(A); and
(iii) the State and its local educational agencies will
adopt policies and practices to ensure that transportation is
provided, at the request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison), to and from the
school of origin, as determined in paragraph (3)(A), in
accordance with the following, as applicable:
(I) If the homeless child or youth continues to live in
the area served by the local educational 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 homeless child's or youth's living
arrangements in the area served by the local educational
agency of origin terminate and the child or youth, though
continuing his or her education in the school of origin,
begins living in an area served by another local
educational agency, the local educational agency of origin
and the local educational agency in which the homeless
child or youth is living shall agree upon a method to
apportion the responsibility and costs for providing the
child 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.
(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 paragraphs (3)
through (7).
(B) Coordination
Such plan shall indicate what technical assistance the State
will furnish to local educational agencies and how compliance
efforts will be coordinated with the local educational 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 education in the school
of origin for the duration of homelessness - 
(I) in any case in which a family becomes homeless
between academic years or during an academic year; or
(II) for the remainder of the academic year, if the child
or youth becomes permanently housed during an academic
year; or
(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
(B) Best interest
In determining the best interest of the child or youth under
subparagraph (A), the local educational agency shall - 
(i) to the extent feasible, keep a homeless child or youth
in the school of origin, except when doing so is contrary to
the wishes of the child's or youth's parent or guardian;
(ii) provide a written explanation, including a statement
regarding the right to appeal under subparagraph (E), to the
homeless child's or youth's parent or guardian, if the local
educational agency sends such child or youth to a school
other than the school of origin or a school requested by the
parent or guardian; and
(iii) in the case of an unaccompanied youth, ensure that
the homeless liaison designated under paragraph (1)(J)(ii)
assists in placement or enrollment decisions under this
subparagraph, considers the views of such unaccompanied
youth, and provides notice to such youth of the right to
appeal under subparagraph (E).
(C) Enrollment
(i) The school selected in accordance with this paragraph
shall immediately enroll the homeless child or youth, even if
the child or youth is unable to produce records normally
required for enrollment, such as previous academic records,
medical records, proof of residency, or other documentation.
(ii) The enrolling school shall immediately contact the
school last attended by the child or youth to obtain relevant
academic and other records.
(iii) If the child or youth needs to obtain immunizations, or
immunization or medical records, the enrolling school shall
immediately refer the parent or guardian of the child or youth
to the local educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in obtaining necessary
immunizations, or immunization or medical records, in
accordance with subparagraph (D).
(D) Records
Any record ordinarily kept by the school, including
immunization or medical records, academic records, birth
certificates, guardianship records, and evaluations for special
services or programs, regarding each homeless child or youth
shall be maintained - 
(i) so that the records are available, in a timely fashion,
when a child or youth enters a new school or school district;
and
(ii) in a manner consistent with section 1232g of title 20.
(E) Enrollment disputes
If a dispute arises over school selection or enrollment in a
school - 
(i) the child or youth shall be immediately admitted to the
school in which enrollment is sought, pending resolution of
the dispute;
(ii) the parent or guardian of the child or youth shall be
provided with a written explanation of the school's decision
regarding school selection or enrollment, including the
rights of the parent, guardian, or youth to appeal the
decision;
(iii) the child, youth, parent, or guardian shall be
referred to the local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out the dispute
resolution process as described in paragraph (1)(C) as
expeditiously as possible after receiving notice of the
dispute; and
(iv) in the case of an unaccompanied youth, the homeless
liaison shall ensure that the youth is immediately enrolled
in school pending resolution of the 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) School of origin defined
In this paragraph, the term "school of origin" means the
school that the child or youth attended when permanently housed
or the school in which the child or youth was last enrolled.
(H) Contact information
Nothing in this part shall prohibit a local educational
agency from requiring a parent or guardian of a homeless child
to submit contact information.
(4) Comparable services
Each homeless child or youth to be assisted under this part
shall be provided services comparable to services offered to
other students in the school selected under paragraph (3),
including 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 students with limited English
proficiency.
(C) Programs in vocational and technical education.
(D) Programs for gifted and talented students.
(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 programs
providing services to homeless children and youths and their
families, including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
(ii) with other local educational agencies on interdistrict
issues, such as transportation or transfer of school records.
(B) Housing assistance
If applicable, each State educational agency and local
educational agency that receives assistance under this part
shall coordinate with State and local housing agencies
responsible for developing the comprehensive housing
affordability strategy described in section 12705 of this title
to minimize educational disruption for children and youths who
become homeless.
(C) Coordination purpose
The coordination required under subparagraphs (A) and (B)
shall be designed to - 
(i) ensure that homeless children and youths have access
and reasonable proximity to available education and related
support services; and
(ii) raise the awareness of school personnel and service
providers of the effects of short-term stays in a shelter and
other challenges associated with homelessness.
(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 and through coordination activities with other
entities and agencies;
(ii) homeless children and youths enroll in, and have a
full and equal opportunity to succeed in, schools of that
local educational agency;
(iii) homeless families, children, and youths receive
educational services for which such families, children, and
youths are eligible, including Head Start and Even Start
programs and preschool programs administered by the local
educational agency, and referrals to health care services,
dental services, mental health services, and other
appropriate services;
(iv) the parents or guardians of homeless children and
youths are informed of the educational and related
opportunities available to their children and are provided
with meaningful opportunities to participate in the education
of their children;
(v) public notice of the educational rights of homeless
children and youths is disseminated where such children and
youths receive services under this chapter, such as schools,
family shelters, and soup kitchens;
(vi) enrollment disputes are mediated in accordance with
paragraph (3)(E); and
(vii) the parent or guardian of a homeless child or youth,
and any unaccompanied youth, is fully informed of all
transportation services, including transportation to the
school of origin, as described in paragraph (1)(J)(iii), and
is assisted in accessing transportation to the school that is
selected under paragraph (3)(A).
(B) Notice
State coordinators established under subsection (d)(3) of
this section and local educational agencies shall inform school
personnel, service providers, and advocates working with
homeless families of the duties of the local educational agency
liaisons.
(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 provision of education and
related services to homeless children and youths.
(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 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 concerning transportation, immunization,
residency, birth certificates, school records and other
documentation, and guardianship.
(C) Special attention
Special attention shall be given to ensuring the enrollment
and attendance of homeless children and youths who are not
currently attending school.