GRANTS FOR STATE ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH.

SEC. 722. GRANTS FOR STATE ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. (a) General Authority.— The Secretary of Education is, in accordance with the provisions of this section, authorized to make grants to States to carry out the activities described in subsections (c), (d), and (e). (b) Allocation.— From the amounts appropriated for each fiscal year pursuant to subsection (g), the Secretary shall allot to each State an amount which bears the same ratio to the amount appropriated in each such year as the amount allocated under section 111 101 STAT. 526of the Elementary and Secondary Education Act of 1965 (as incorporated by reference in chapter 1 of the Education Consolidation and Improvement Act of 1981) to the local educational agencies in the State in that year bears to the total amount allocated to such agencies in all States, except that no State shall receive less than $50,000 in any fiscal year. (c) Authorized Activities.— Grants under this section shall be used— (1) to carry out the policies set forth in section 721 in the State; (2) to establish or designate an Office of Coordinator of Education of Homeless Children and Youth in accordance with subsection (d); and (3) to prepare and carry out the State plan described in subsection (e). (d) Functions of the Office of Coordinator.— The Coordinator of Education of Homeless Children and Youth established in each State shall— (1) gather data on the number and location of homeless children and youth in the State, and such data gathering shall include the nature and extent of problems of access to, and placement of, homeless children and homeless youth in elementary and secondary schools, and the difficulties in identifying the special needs of such children; (2) develop and carry out the State plan described in subsection (e); and (3) prepare and submit to the Secretary an interim report not later than December 31, 1987, and a final report not later than December 31, 1988, on the data gathered pursuant to paragraph (1). To the extent that reliable current data is available in the State, each coordinator described in this subsection may use such data to fulfill the requirements of paragraph (1). (e) State Plan.— (1) Each State shall adopt a plan to provide for the education of each homeless child or homeless youth within the State which will contain provisions designed to— (A) authorize the State educational agency, the local educational agency, the parent or guardian of the homeless child, the homeless youth, or the applicable social worker to make the determinations required under this section; and (B) provide procedures for the resolution of disputes regarding the educational placement of homeless children and youth. (2) Each plan adopted under this subsection shall assure, to the extent practicable under requirements relating to education established by State law, that local educational agencies within the State will comply with the requirements of paragraphs (3) through (6). (3) The local educational agency of each homeless child or youth shall either— (A) continue the child’s or youth’s education in the school district of origin for the remainder of the school year; or (B) enroll the child or youth in the school district where the child or youth is actually living; whichever is in the child’s best interest or the youth’s best interest. 101 STAT. 527 (4) The choice regarding placement shall be made regardless of whether the child or youth is living with the homeless parents or has been temporarily placed elsewhere by the parents. (5) Each homeless child shall be provided services comparable to services offered to other students in the school selected according to the provisions of paragraph (3), including educational services for which the child meets the eligibility criteria, such as compensatory educational programs for the disadvantaged, and educational programs for the handicapped and for students with limited English proficiency; programs in vocational education; programs for the gifted and talented; and school meals programs. (6) The school records of each homeless child or youth shall be maintained— (A) so that the records are available, in a timely fashion, when a child or youth enters a new school district; and (B) in a manner consistent with section 438 of the General Education Provisions Act. (f) 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. (g) Authorization of Appropriations.— (1) There are authorized to be appropriated $5,000,000 for each of the fiscal years 1987 and 1988 to carry out the provisions of this section. (2) Sums appropriated in each fiscal year shall remain available for the succeeding fiscal year.