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Title 42 — The Public Health and WelfareRelease 119-73

§11431 Statement of policy

Title 42 › Chapter CHAPTER 119— - HOMELESS ASSISTANCE › Subchapter SUBCHAPTER VI— - EDUCATION AND TRAINING › Part Part B— - Education for Homeless Children and Youths › § 11431

Last updated Apr 6, 2026|Official source

Summary

State education agencies must make sure children who are homeless or whose parent is homeless get the same free public education, including public preschool, that other children get. If state or local rules—like rules about where a child must live—make it harder to find, enroll, attend, or help homeless students succeed, those agencies must review and change the rules. Homelessness alone cannot be a reason to remove a student from regular school, and homeless students must get the education and services they need to try to meet the same state academic standards as other students.

Full Legal Text

Title 42, §11431

The Public Health and Welfare — Source: USLM XML via OLRC

The following is the policy of the Congress:
(1)Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.
(2)In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, 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 and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.
(3)Homelessness is not sufficient reason to separate students from the mainstream school environment.
(4)Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State academic standards to which all students are held.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11431, Pub. L. 100–77, title VII, § 721, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, stated policy of Congress, prior to the general amendment of this part by Pub. L. 107–110. Another prior section 11431, Pub. L. 100–77, title VII, § 721, July 22, 1987, 101 Stat. 525; Pub. L. 101–645, title VI, § 612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress, prior to the general amendment of this part by Pub. L. 103–382.

Amendments

2015—Par. (2). Pub. L. 114–95, § 9101(1), substituted “In any State where compulsory residency requirements or other requirements, in laws,

Regulations

, practices, or policies, may act as a barrier to the identification of, 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 residency requirement as a component of the State’s compulsory school attendance laws or other laws,

Regulations

, 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 “challenging 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

Amendments

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 programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11431

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73