EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

SEC. 612. EDUCATION FOR HOMELESS CHILDREN AND YOUTH. (a) Statement of Policy.—Section 721 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11431) is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2)— (A) by inserting after “attendance laws” the following: “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 homeless youth”; (B) by inserting “, regulations, practices, or policies” after “such laws”; and (C) by striking the period at the end and inserting and”; and (3) by adding at the end the following: “(3) homelessness alone should not be sufficient reason to separate students from the mainstream school environment.”. (b) Grants for State and Local Activities.—Section 722 of such Act (42 U.S.C. 11432) is amended— (1) in the section heading by inserting “and local” after “state”; (2) in subsection (b)— (A) by striking out “section 1005” and inserting in lieu thereof “part A of chapter 1 of title I”; and (B) by striking out $50,000 and all that follows through the end thereof and inserting the following “$50,000. The Secretary shall reserve 0.1 percent of the amount appropriated for each fiscal year to be allocated by the Secretary among the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 90–658), according to their respective need, as determined by the Secretary, except that no such territory shall receive less in fiscal year 1991 than it received in fiscal year 1990. The Secretary may also reserve not to exceed 1 percent of the amount appropriated for each fiscal year 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 consistent with the purposes of this Act. As used in this subsection, the term ‘State’ shall not include the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or Palau.”; (3) in subsection (c)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following new paragraph: 104 STAT. 4736 “(2) to provide activities for and services to homeless children and homeless youths that enable such children and youths to enroll in, attend, and achieve success in school;”; (C) by striking out “and” at the end of paragraph (3) (as so redesignated); (D) by striking out the period at the end of paragraph (4) (as so redesignated) and inserting in lieu thereof a semi-colon; and (E) by adding at the end thereof the following new paragraphs: “(5) to develop and implement programs for school personnel to heighten awareness of specific problems of the education of homeless children and youth; and “(6) if amounts appropriated for the applicable fiscal year exceed the amount appropriated for fiscal year 1990 under this section, to provide grants to local educational agencies for purposes of this section, and if such amounts appropriated do not exceed the amount appropriated for fiscal year 1991, the State education agency, at the discretion of such agency, may provide such grants.”; (4) in subsection (d)(1)— (A) by striking “annually” and inserting “once every 2 years,”; (B) by inserting after “shall include” the following: “the number of homeless children and homeless youths enrolled in schools in the State, determined through random sampling or other statistical methods that ensure that such children and youths are not overtly identified as being homeless,”; (C) by striking “and the difficulties” and inserting “the difficulties”; and (D) by inserting before the semicolon the following: “, and any progress made by the State educational agency and local educational agencies within the State in addressing such problems and difficulties”; (5) in subsection (d)(2) by striking “and” at the end thereof; (6) in subsection (d)(3)— (A) by striking “of each year” and inserting “, 1991, and on December 31 of every second year thereafter”; and (B) by striking the period at the end thereof and inserting a semicolon; and (7) in subsection (d), by adding at the end thereof the following new paragraphs: “(4) facilitate coordination between the State education agency, the State social services agency, and other agencies providing services to homeless children and youth and their families; and . “(5) develop relationships and coordinate with other relevant education, child development, or preschool programs and providers of services to homeless children, homeless families, and runaway and homeless youths (including domestic violence agencies, shelter operators, transitional housing facilities, run-away and homeless youth centers, and transitional living programs for homeless youths) in order to improve the provision of comprehensive services to homeless children and homeless youths and the families of such children and youths.”; (8) in subsection (e)(1)— 104 STAT. 4737 (A) by striking “and” at the end of subparagraph (A); (B)(i) by inserting “prompt” before “resolution” in subparagraph (B); and (ii) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: “(C) develop programs for school personnel (including principals, attendance officers, teachers, and enrollment personnel), to heighten the awareness of such personnel of the specific educational needs of runaway and homeless youths; and “(D) ensure that homeless children and homeless youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local food programs.”; “(E) ensure that homeless children and homeless youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care programs and provide for the disclosure of data concerning the participation of such children in such programs in plans submitted by the State after the initial plan of the State; “(F) address problems set forth in the report provided to the Secretary under subsection (d)(3); “(G) address problems with respect to the education of home-less children and homeless youths, including problems caused by— “(i) transportation issues; and “(ii) enrollment delays which are caused by— “(I) immunization requirements; “(II) residency requirements; “(III) lack of birth certificates, school records, or other documentation; or “(IV) guardianship issues; “(H) demonstrate that the State and local educational agencies in the State have developed and will review and revise policies to remove barriers to the enrollment and retention of homeless children and homeless youths in schools of the State; and “(I) ensure that the State educational agency and local educational agencies within the State will adopt policies and practices to ensure that homeless children and homeless youths are not isolated or stigmatized.”; (9) in subsection (e)— (A) by striking out “(6)” in paragraph (2) and inserting in lieu thereof “(9)”; (B) by amending paragraph (3) to read as follows: “(3)(A) The local educational agency of each homeless child and each homeless youth shall either— “(i) continue the child’s or youth’s education in the school of origin— “(I) for the remainder of the academic year; or “(II) in any case in which a family becomes homeless between academic years, for the following academic year; or “(ii) enroll the child or youth in any school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend; whichever is in the child’s best interest or the youth’s best interest. 104 STAT. 4738 “(B) In determining the best interests of the child or youth for purposes of making a school assignment under subparagraph (A), consideration shall be given to a request made by a parent regarding school selection. “(C) For purposes of this paragraph, the term ‘school of origin’ shall mean the school that the child or youth attended when permanently housed, or the school in which the child or youth was last enrolled.”; (C) by inserting after “including” in paragraph (5) the following: “transportation services,”; (D) by striking “The schools records” in paragraph (6) and inserting the following: “Any record ordinarily kept by the school, including immunization records, academic records, birth certificates, guardianship records, and evaluations for special services or programs,”; and (E) by adding at the end thereof the following new paragraphs: “(7) Each local educational agency serving homeless children or youth that receives assistance under this title shall coordinate with local social services agencies, and other agencies or programs providing services to such children or youth and their families. “(8) Each local educational agency that receives assistance under this title shall designate a homelessness liaison to ensure that— “(A) homeless children and youth enroll and succeed in the schools of that agency; and “(B) homeless families, children and youth receive educational services for which they are eligible, and referrals to health care services, dental services, mental health services, and other appropriate services. State coordinators and local educational agency liaisons shall inform school personnel, service providers and advocates working with homeless families of the duties of the liaisons. “(9) Each State and local educational agency shall review and revise any policies that may act as barriers to the enrollment of homeless children and youth in schools selected in accordance with paragraph (3). In reviewing and revising such policies, consideration shall be given to issues concerning transportation, requirements of immunization, residency, birth certificates, school records, or other documentation, and guardianship. Special attention shall be given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending school.”; and (10) in subsection (g)— (A) by striking out “$5,000,000” in paragraph (1) and all that follows through the end thereof and inserting in lieu thereof “$50,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993.”; (B) by redesignating paragraph (2) as paragraph (4); and (C) by inserting after paragraph (1) the following new paragraphs: “(2) The State educational agency may reserve not to exceed 5 percent of the amount received by such agency under this section in each fiscal year, or an amount equal to the amount received by such State agency for State activities under this section in fiscal year 1990, whichever is greater, to conduct activities under paragraphs (1) through (5) of subsection (c). 104 STAT. 4739 “(3)(A) In any fiscal year in which the amount appropriated under paragraph (1) does not equal or exceed $100,000,000, the State educational agency shall use funds not otherwise reserved under paragraph (2) to award grants to local educational agencies in accordance with subsection (c)(6). “(B) In any fiscal year in which the amount appropriated under paragraph (1) equals or exceeds $100,000,000, the State educational agency shall use funds not otherwise reserved under paragraph (2) to allocate to each local educational agency an amount that bears the same ratio to amount not otherwise reserved as the aggregate amount received by such local educational agency under part A of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 for such fiscal year bears to the aggregate amount received by all local educational agencies in the State for purposes of carrying out such part for such fiscal year.”. (c) Grants for the Educational Success of Homeless Children and Youth.—Section 723 of such Act (42 U.S.C. 11433) is amended to read as follows: “SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. “(a) General Authority.— “(1) Grantees and purpose of grants.—The State educational agency shall, in accordance with section 722(c)(6) and from amounts made available to such agency under section 722, make grants to local educational agencies for the purpose of facilitating the enrollment, attendance and success of homeless children and youths in schools. “(2) Use of grants.—Unless otherwise specified, services under paragraph (1) may be provided through programs on school grounds or at other nonsectarian facilities. Where services are provided through programs on school grounds, such services may also be made available to children or youths who are determined by the local educational agency to be at risk of failing in or dropping out of schools, except that priority for such services shall be given to homeless children and homeless youths. To the maximum extent practicable, services shall be provided through existing programs and mechanisms that integrate homeless individuals with nonhomeless individuals. “(3) Regular academic program.—Services provided under this section are not intended to replace the regular academic program. “(b) Authorized Activities.— “(1) Primary activities.—Not less than 50 percent of amounts provided under a grant under this section shall be used to provide tutoring, remedial education services, or other education services to homeless children or homeless youths. “(2) Related activities.—Not less than 35, nor more than 50, percent of the amounts provided under a grant under this section may be used for activities that may include— “(A) the provision of expedited evaluations of the strengths and needs of homeless children and homeless youths, including needs and eligibility for programs and services (including gifted and talented programs, special education programs, programs for students with limited English proficiency, and remedial services); 104 STAT. 4740 “(B) professional development for educators and other school personnel that is designed to develop awareness and sensitivity to the needs of homeless children and homeless youths and the rights of such children and youths under this Act; “(C) the provision of referral services to homeless children and homeless youths for medical, dental, mental, and other health services; “(D) the provision of assistance to defray the excess cost of transportation for students not provided under section 722(e)(5) and not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 722(e)(3)); “(E) the provision of developmentally appropriate early childhood programs for preschool age children; “(F) the provision of before- and after-school and summer programs for homeless children or homeless youths in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities; “(G) where necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children or homeless youths in school, including birth certificates, immunization records, academic records, guardianship records, and evaluations for special programs or services; “(H) the provision of parent education and training to the parents of homeless children and homeless youths about the rights of and resources available to such children and youths; “(I) the development of coordination between schools and agencies providing services to homeless children and home-less youths; “(J) the provision of counseling, social work and psycho-logical services, including violence counseling, and referrals for such services; “(K) activities to address the particular needs of homeless children and homeless youths that may arise from domestic violence; “(L) activities to develop and implement programs for school personnel to heighten the awareness of such personnel of the specific educational needs of runaway and home-less youths; “(M) the adaptation of space and the purchase of supplies for nonschool facilities made available under subsection (a)(2) to provide services under this subsection; “(N) the provision of school supplies to be distributed at the shelter or temporary housing facilities; and “(O) the provision of such other extraordinary or emergency assistance determined by the Secretary as essential to enable homeless children and youth to attend school. “(3) Eligibility.—No State or local educational agency may receive a grant under this section unless the State in which the agency is located has submitted a State plan as required by section 722(e). “(c) Awards.— 104 STAT. 4741 “(1) Basis.—Except as provided in section 722(g)(3)(B), from amounts appropriated for each fiscal year under section 722(g), the State educational agency may award grants under this section to local educational agencies submitting an application under subsection (d) on the basis of the need of such agencies. “(2) Determination.—In determining need under paragraph (1), the State educational agency may consider the number of homeless children and homeless youth enrolled in preschool, elementary, and secondary schools within the area served by the agency, and shall consider the needs of such children and youth, and the ability of the agency to meet such needs. Such agency may also consider— “(A) the extent to which the proposed use of funds would facilitate the enrollment, retention, and educational success of homeless children and youth; “(B) the extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth, as well as the State Plan required by section 722(e); “(C) the extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youth in its jurisdiction; and “(D) other criteria as the agency determines appropriate. “(d) Application.— “(1) In general.—A local educational agency that desires to receive a grant 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 agency may reasonably require according to guidelines issued by the Secretary. Each such application shall include— “(A) a description of the services and programs for which assistance is sought and the problems sought to be addressed through the provision of such services and pro-grams; “(B) assurances that the applicant complies with or will use requested funds to come into compliance with paragraphs (3) through (9) of section 722(e); “(C) an assurance that assistance under the grant will supplement and not supplant funds used before the award of the grant for purposes of providing services to homeless children and homeless youths; and “(D) a description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and homeless youth. “(3) Term of Awards.—Grants awarded under this section shall be for terms of not to exceed 2 years. “(e) Reports.—Each State educational agency that receives a grant under this section for any fiscal year shall, as part of the plan of the State submitted under section 722(c)(4), provide to Secretary data concerning— “(1) the number of homeless children and homeless youths served with assistance provided under the grant under this section; and 104 STAT. 4742 “(2) a description of the success of the program under this section in allowing homeless children and homeless youths to enroll in, attend, and succeed in school.”. (d) National Responsibilities.—Section 724(b) of such Act (42 U.S.C. 11434) is amended— (1) in paragraph (1) by adding at the end thereof the following new sentences: “In reviewing the State plans submitted by the State educational agencies under section 722(e), the Secretary shall evaluate whether State laws, policies, and practices described in such plans adequately address the problems of homeless children and homeless youth relating to access to education and placement as described in such plans.”; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (3) by inserting after paragraph (1) the following new paragraphs: “(2)(A) The Secretary, in consultation with persons and organizations that are knowledgeable about the needs of homeless children and youth, shall, through the awarding of a grant, or through entering into a contract or cooperative agreement, conduct a study to determine the best means of identifying, locating, and counting homeless children and youth for the purposes of this subtitle. Such persons and organizations to be consulted shall include representatives of State coordinators, local educational agencies with substantial numbers of homeless children and youth, local government agencies with responsibility for administering homeless shelters, and advocacy groups representing the interests of homeless children and youth. The Secretary shall also consult with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, as appropriate, in carrying out this paragraph. “(B) The study conducted under subparagraph (A) shall consider— “(i) the appropriate definition of the terms ‘homeless child’ and ‘homeless youth’; “(ii) the experience of the 1990 Census in identifying, locating, and counting homeless children and youth; “(iii) appropriate methodologies for identifying, locating, and counting such children and youth, including using schools, shelters, and other social service agencies to collect data; and “(iv) the projected accuracy of the methodologies identified in clause (iii), and the costs associated with the use of each methodology; to determine the number of homeless children and youth in the United States to create as accurate an account as possible of the number, location, and living circumstances of such children and youth, including the number of such children and youth that are attending school regularly, part-time, or not at all, and reasons for the nonattendance of such children and youth. “(C)(i) Not later than 240 days after the date of enactment of this paragraph, the Secretary shall prepare and submit, to the appropriate committees of Congress, a report containing the results of the study conducted under subparagraph (A) and the estimated costs of making the estimates required under clause (ii). “(ii) Not later than December 1, 1992, the Secretary, in consultation with the appropriate committees of Congress, and through the use of appropriate statistical methodology, shall, through a grant, contract or cooperative agreement, determine accurate estimates of 104 STAT. 4743the number of homeless children and youth throughout the Nation and the number of such children and youth attending school. “(D) The Secretary may reserve not more than $250,000 from amounts appropriated under section 722(g) in 1991 to carry out the study required under subparagraph (A). “(E) There are authorized to be appropriated such sums as may be necessary in 1992 to prepare the report and estimates required under subparagraph (C). “(3) The Secretary shall provide such support and technical assistance to the State educational agencies as is required by such agencies to carry out their responsibilities under this subtitle,”; and (4) by adding at the end thereof the following new paragraphs: “(5) The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students. “(6) The Secretary shall require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-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 120-day period beginning on such date. “(7) The Secretary, based on the information received from the States and information gathered by the Secretary under paragraph (1), shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education as described in section 721(1).”.