PART V-HOMELESS EDUCATION

Title VII of the McKinney-Vento Homeless Assistance Act

TITLE I-GENERAL PROVISIONS

SECTION 101. [42 U.S.C. 11301 note] SHORT TITLE AND TABLE OF CONTENTS.

(a)1 SHORT TITLE.-This Act may be cited as the "McKinneyVento Homeless Assistance Act".

TITLE VII-EDUCATION, TRAINING, AND COMMUNITY SERVICES
PROGRAMS

Subtitle A-Adult Education for the Homeless

Sec. 701. State literacy initiatives.

Subtitle B-Education for Homeless Children and Youths

Sec. 721. Statement of policy.

Sec. 722. Grants for State and local activities for the education of homeless children and youths.

Sec. 723. Local educational agency subgrants for the education of homeless children and youths.

Sec. 724. Secretarial responsibilities.

Sec. 725. Definitions.

Sec. 726. Authorization of appropriations.

TITLE VII-EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS 2

Subtitle A-Adult Education for the

Homeless

SEC. 701. [42 U.S.C. 11421] STATE LITERACY INITIATIVES. (a) GENERAL AUTHORITY.

1 Section 1 of P.L. 106-400 (114 Stat. 1675) provided the following: "Section 1 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 note; Public Law 100-77) is amended by striking subsection (a) and inserting the following new subsection:". The U.S. Code citation suggests that the probable intent of Congress was to make the amendment to section 101 of the Stewart B. McKinney Homeless Assistance Act.

2 Section 199(a)(5) and (b)(1) of Public Law 105-220 (112 Stat. 1058-59) made amendments to this Act as follows:

SEC. 199. REPEALS.

(a) GENERAL IMMEDIATE REPEALS.-The following provisions are repealed:

Continued

(1) GRANTS.—The Secretary of Education is authorized to make grants to State educational agencies to enable each such agency to implement, either directly or through contracts and grants, a program of literacy training and academic remediation for adult homeless individuals within the State, which program shall

(A) include outreach activities; and

(B) be coordinated with other agencies or organizations, such as community-based organizations, nonprofit literacy-action organizations, and recipients of funds under the Adult Education Act, title II of the Job Training Partnership Act, the Youth Fair Chance program under part H of title IV of the Job Training Partnership Act, the Volunteers in Service to America program under part A of title I of the Domestic Volunteer Service Act of 1973, part C of this title, or the Job Opportunity and Basic Skills program under part F of title IV of the Social Security Act.

(2) ESTIMATES AND AMOUNTS.-The Secretary of Education, in awarding grants under this section, shall give special consideration to the estimates submitted in the application submitted under subsection (b) and make such awards in whatever amounts such Secretary determines will best serve the purposes of this section.

(b) APPLICATION.-Each State educational agency desiring to receive a grant under this section shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall include an estimate of the number of homeless individuals in the State and the number of such individuals expected to be served.

(c) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of carrying out the adult literacy training and academic remediation programs authorized by this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1995 through 1999.

(d) DEFINITION.-As used in this section, the term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and

(5) Subtitle C of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11441 et seq.), except section 738 of such title (42 U.S.Č. 11448).

(b) SUBSEQUENT REPEALS.-The following provisions are repealed:

(1) Title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.), except subtitle B and section 738 of such title (42 U.S.C. 11431 et seq. and 11448).

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(c) EFFECTIVE DATES.

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(1) IMMEDIATE REPEALS.-The repeals made by subsection (a) shall take effect on the date of enactment of this Act.

(2) SUBSEQUENT REPEALS.—

(A) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.-The repeal made by subsection (b)(1) shall take effect on July 1, 1999.

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Palau (until the effective date of the Compact of Free Association with the Government of Palau).

Subtitle B-Education for Homeless Children and Youths

SEC. 721. [42 U.S.C. 11431] STATEMENT OF POLICY.
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 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 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 alone 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 student academic achievement standards to which all students are held.

SEC. 722. [42 U.S.C. 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).

(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 726 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724(d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 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 726 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 726 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 subtitle, as determined by the Secretary.

(B)(i) The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 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 subtitle.

(ii) The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, 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 subtitle. 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 721 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).

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

(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.—