PRIA, Government Policy, Made Personal

Summary

The Secretary of Education can give grants to State education agencies so they can help homeless children and youths get into school, stay in school, and do well. The money is split among States based on each State’s share of Title I funds, but no State gets less than $150,000, one‑fourth of 1 percent of the yearly appropriation, or what it got in fiscal year 2001 (whichever is larger). If there is not enough money to meet those minimums, all States get smaller shares based on what they got the year before. The Secretary must set aside 0.1 percent for the U.S. territories (Virgin Islands, Guam, American Samoa, and Northern Mariana Islands) and transfer 1 percent to the Department of the Interior for Indian students, under a written agreement. For these allocation rules, “State” does not include those territories. States must use the grants to follow federal homeless‑education policies, find homeless children (including preschoolers), set up a State Coordinator’s office, write and run a State plan, and train school staff and liaisons. At least 75 percent of each State’s grant must go to local school districts (50 percent for States funded at the minimum level). States may use the rest for their own coordinating and monitoring work. Schools cannot separate homeless students into special schools or programs because they are homeless, except for certain separate schools that operated in fiscal year 2000 in four named counties (San Joaquin, Orange, and San Diego Counties, California; and Maricopa County, Arizona) if strict notice, services, coordination, and reporting rules are met and no new separate schools are created. Local districts must decide what is best for each homeless child, keep students in their “school of origin” when appropriate, enroll homeless students immediately even without records, transfer records quickly, provide comparable services (such as transportation, special education, Title I‑type help, career and technical programs, gifted services, and school meals), coordinate with social and housing agencies, and have a trained liaison to identify students, help with enrollment and disputes, and connect families to services. States and districts must review and fix policies that block homeless children from enrolling and attending school.

Title 42, §11432

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

(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).

(b)Grants from allotments

The Secretary shall make the grants to States from the allotments made under subsection (c)(1).

(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 services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable such children and youths to enroll in, attend, and succeed in school, including, if appropriate, in preschool programs.

(3)To establish or 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).

(4)To prepare and carry out the State plan described in subsection (g).

(5)To develop and implement professional development programs for liaisons designated under subsection (g)(1)(J)(ii) and other local educational agency personnel—

(A)to improve their identification of homeless children and youths; and

(B)to heighten the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs 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 a State through grants under subsection (a) 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) 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 the grant funds remaining after the State educational agency distributes subgrants under paragraph (1) to conduct activities under subsection (f) 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), 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);

(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), 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); 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 section 1111 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311] 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);

(II)are immediately enrolled, in accordance with subsection (g)(3)(C), in the school selected under subsection (g)(3)(A); and

(III)are promptly provided necessary services described in subsection (g)(4), including transportation, to allow homeless children and youths to exercise their choices of schools under subsection (g)(3)(A);

(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)(vi);

(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;

(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; and

(IV)the progress the separate schools are making in helping all students meet the challenging State academic standards.

(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), and shall comply with any requests for information by the Secretary and State Coordinator for such State.

(iii)Submission

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 the Coordinator (g) State plan

The Coordinator for Education of Homeless Children and Youths established in each State shall—

(1)gather and make publicly available reliable, valid, and comprehensive information on—

(A)the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency’s website;

(B)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;

(C)the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths;

(D)any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and

(E)the success of the programs under this part in identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school;

(2)develop and carry out the State plan described in subsection (g);

(3)collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 11434(h) of this title;

(4)in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with—

(A)educators, including teachers, special education personnel, administrators, and child development and preschool program personnel;

(B)providers of services to homeless children and youths and their families, including public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); 1

(C)providers of emergency, transitional, and permanent housing to homeless children and youths, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths;

(D)local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and

(E)community organizations and groups representing homeless children and youths and their families;

(5)provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g);

(6)provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in section 11302, 11360, and 11434a of this title to the liaison; and

(7)respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this part.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c)(2)(B)(i), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of Title 25 and Tables. The Runaway and Homeless Youth Act, referred to in subsecs. (f)(4)(B) and (g)(5)(A)(i), is title III of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1129, which was classified generally to subchapter III (§ 5701 et seq.) of chapter 72 of this title, prior to editorial reclassification and renumbering as subchapter III (§ 11201 et seq.) of chapter 111 of Title 34, Crime Control and Law

Enforcement

. For complete classification of this Act to the Code, see

Short Title

of 1974 Act note set out under section 10101 of Title 34 and Tables. The Elementary and Secondary Education Act of 1965, referred to in subsec. (g)(4)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally 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 section 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, referred to in subsec. (g)(5)(D), (6)(A)(iii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Head Start Act, referred to in subsec. (g)(6)(A)(iii), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see

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note set out under section 9801 of this title and Tables. This chapter, referred to in subsec. (g)(6)(D), was in the original “this Act”, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act. For complete classification of this Act to the Code, see

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note set out under section 11301 of this title and Tables.

Prior Provisions

A prior section 11432, Pub. L. 100–77, title VII, § 722, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, related to grants for State and local activities for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 107–110. Another prior section 11432, Pub. L. 100–77, title VII, § 722, July 22, 1987, 101 Stat. 525; Pub. L. 100–628, title VII, § 702(a), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, § 612(b), Nov. 29, 1990, 104 Stat. 4735, related to grants for State and local activities for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 103–382.

Amendments

2015—Subsec. (b). Pub. L. 114–95, § 9102(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.” Subsec. (d)(2). Pub. L. 114–95, § 9102(2)(A), substituted “To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable” for “To provide activities for, and services to, homeless children, 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 subsection (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 awareness 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 “section 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 foreclosure. 2008—Subsec. (h). Pub. L. 110–289 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment 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 programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

§11432 Grants for State and Local Activities for the Education of Homeless Children and Youths

Summary

Title 42, §11432

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Enforcement

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Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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