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Title 42 — The Public Health and Welfare

Part B · Chapter 119 — Homeless Assistance

§ 11434. Secretarial responsibilities

Statutory text

(a)

Review of State plans

In reviewing the State plan submitted by a State educational agency under section 11432(g) of this title, the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of homeless children and youths relating to access to education and placement as described in such plan.

(b)

Technical assistance

The Secretary shall provide support and technical assistance to a State educational agency to assist such agency in carrying out its responsibilities under this part, if requested by the State educational agency.

(c)

Notice

(1)

In general

The Secretary shall, before the next school year that begins after , update and disseminate nationwide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths.

(2)

Dissemination

The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths.

(d)

Evaluation, dissemination, and technical assistance

The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.

(e)

Submission and distribution

The Secretary shall require applications for grants under this part to be submitted to the Secretary not later than the expiration of the 120-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 180-day period beginning on such date.

(f)

Determination by Secretary

The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), 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 11431(1) of this title. The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.

(g)

Guidelines

The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after , guidelines concerning ways in which a State—

(1)

may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and

(2)

may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school.

(h)

Information

(1)

In general

From funds appropriated under section 11435 of this title, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding—

(A)

the number and primary nighttime residence of homeless children and youths in all areas served by local educational agencies;

(B)

the education and related services such children and youths receive;

(C)

the extent to which the needs of homeless children and youths are being met; and

(D)

such other data and information as the Secretary determines to be necessary and relevant to carry out this part.

(2)

Coordination

The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this part.

(i)

Report

Not later than 4 years after , the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of homeless children and youths, which shall include information on—

(1)

the education of homeless children and youths; and

(2)

the actions of the Secretary and the effectiveness of the programs supported under this part.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 100–77 title VII § 724 · 101 Stat. 482

    Enacted · 42 U.S.C. § 11434

    Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2004

    Source evidence

    Code source credit
    Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2004

    Enacted provision · exact public law section
    SEC. 724. NATIONAL RESPONSIBILITIES. (a) General Accounting Office.— The Comptroller General of the United States shall prepare and submit to the Congress not later than June 30, 1988, a report on the number of homeless children and youth in all States. (b) Secretarial Responsibilities.— (1) The Secretary shall monitor and review compliance with the provisions of this subtitle in accordance with the provisions of the General Education Provisions Act. (2) The Secretary shall prepare and submit a report to the Congress on the programs and activities authorised by this subtitle at the end of each fiscal year. (3) The Secretary shall compile and submit a report to the Congress containing the information received from the States pursuant to section 722(d)(3) within 45 days of its receipt.

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(1) · 129 Stat. 1802

    1. Added · 42 U.S.C. § 11434(c)

      Pub. L. 114–95, § 9104(1), added subsec. (c)

    2. Struck · 42 U.S.C. § 11434(c)

      Pub. L. 114–95, § 9104(1), struck out former subsec. (c). Prior to amendment, text read as follows: “The Secretary shall, before the next school year that begins after January 8, 2002, create and disseminate nationwide a public notice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emergency Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–95, § 9104(1), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Secretary shall, before the next school year that begins after January 8, 2002, create and disseminate nationwide a public notice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emergency Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.”

    Enacted provision · exact public law section
    (1) by striking subsection (c) and inserting the following: “(c) Notice.— “(1) In general.— The Secretary shall, before the next school year that begins after the date of enactment of the Every Student Succeeds Act, update and disseminate nationwide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths. “(2) Dissemination.— The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths.” ;

    Effective date note
    Amendment 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.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(2) · 129 Stat. 1802

    1. Added · 42 U.S.C. § 11434(d)

      Pub. L. 114–95, § 9104(2), added subsec. (d)

    2. Struck · 42 U.S.C. § 11434(d)

      Pub. L. 114–95, § 9104(2), struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–95, § 9104(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.”

    Enacted provision · exact public law section
    (2) by striking subsection (d) and inserting the following: “(d) Evaluation, Dissemination, and Technical Assistance.— The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.” ;

    Effective date note
    Amendment 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.

  4. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(3) · 129 Stat. 1802

    1. Substituted · 42 U.S.C. § 11434(e)

      Pub. L. 114–95, § 9104(3), substituted “120-day” for “60-day”

    2. Substituted · 42 U.S.C. § 11434(e)

      Pub. L. 114–95, § 9104(3), substituted “180-day” for “120-day”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–95, § 9104(3), substituted “120-day” for “60-day” and “180-day” for “120-day”.

    Enacted provision · exact public law section
    (3) in subsection (e)— (A) by striking “60-day” and inserting “120-day”; and (B) by striking “120-day” and inserting “180-day”;

    Effective date note
    Amendment 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.

  5. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(4) · 129 Stat. 1802

    Inserted · 42 U.S.C. § 11434(f)

    Pub. L. 114–95, § 9104(4), inserted at end “The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–95, § 9104(4), inserted at end “The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.”

    Enacted provision · exact public law section
    (4) in subsection (f), by adding at the end the following: “The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.”;

    Effective date note
    Amendment 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.

  6. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(5) · 129 Stat. 1802

    1. Added · 42 U.S.C. § 11434(g)

      Pub. L. 114–95, § 9104(5), added subsec. (g)

    2. Struck · 42 U.S.C. § 11434(g)

      Pub. L. 114–95, § 9104(5), struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after January 8, 2002, school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe—

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–95, § 9104(5), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after January 8, 2002, school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe—

    “(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and youths in school; and “(2) how a State can review the State’s requirements regarding immunization and medical or school records and make such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school immediately.”

    Enacted provision · exact public law section
    (5) by striking subsection (g) and inserting the following: “(g) Guidelines.— The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State— “(1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and “(2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school.” ;

    Effective date note
    Amendment 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.

  7. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(6) · 129 Stat. 1802

    1. Substituted · 42 U.S.C. § 11434(h)(1)(A)

      Pub. L. 114–95, § 9104(6), substituted “primary nighttime residence” for “location”

    2. Inserted · 42 U.S.C. § 11434(h)(1)(A)

      Pub. L. 114–95, § 9104(6), inserted before semicolon at end “in all areas served by local educational agencies”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(A). Pub. L. 114–95, § 9104(6), substituted “primary nighttime residence” for “location” and inserted before semicolon at end “in all areas served by local educational agencies”.

    Enacted provision · exact public law section
    (6) in subsection (h)(1)(A)— (A) by striking “location” and inserting “primary nighttime residence”; and (B) by inserting “in all areas served by local educational agencies” before the semicolon at the end; and

    Effective date note
    Amendment 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.

  8. Every Student Succeeds Act

    Pub. L. 114–95 § 9104(7) · 129 Stat. 1802

    Substituted · 42 U.S.C. § 11434(i)

    Pub. L. 114–95, § 9104(7), substituted “December 10, 2015” for “January 8, 2002”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 114–95, § 9104(7), substituted “December 10, 2015” for “January 8, 2002”.

    Enacted provision · exact public law section
    (7) in subsection (i), by striking “McKinney-Vento Homeless Education Assistance Improvements Act of 2001” and inserting “Every Student Succeeds Act”.

    Effective date note
    Amendment 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.

13 of 13 references resolved to an enrolled provision

Editorial Notes

References in Text

That Act, referred to in subsec. (g)(1), is Pub. L. 114–95, , 129 Stat. 1802, known as The Every Student Succeeds Act. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 6301 of this title and Tables.

Prior Provisions

A prior section 11434, Pub. L. 100–77, title VII, § 724, as added Pub. L. 103–382, title III, § 323, , 108 Stat. 3964, related to Secretarial responsibilities, prior to the general amendment of this part by Pub. L. 107–110.

Another prior section 11434, Pub. L. 100–77, title VII, § 724, , 101 Stat. 528; Pub. L. 101–645, title VI, § 612(d), , 104 Stat. 4742, related to national responsibilities, prior to the general amendment of this part by Pub. L. 103–382.

Amendments

2015—Subsec. (c). Pub. L. 114–95, § 9104(1), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Secretary shall, before the next school year that begins after , create and disseminate nationwide a public notice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emergency Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.”

Subsec. (d). Pub. L. 114–95, § 9104(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.”

Subsec. (e). Pub. L. 114–95, § 9104(3), substituted “120-day” for “60-day” and “180-day” for “120-day”.

Subsec. (f). Pub. L. 114–95, § 9104(4), inserted at end “The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.”

Subsec. (g). Pub. L. 114–95, § 9104(5), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after , school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe—

“(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and youths in school; and

“(2) how a State can review the State’s requirements regarding immunization and medical or school records and make such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school immediately.”

Subsec. (h)(1)(A). Pub. L. 114–95, § 9104(6), substituted “primary nighttime residence” for “location” and inserted before semicolon at end “in all areas served by local educational agencies”.

Subsec. (i). Pub. L. 114–95, § 9104(7), substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , see section 9107 of Pub. L. 114–95, set out as a note under section 11431 of this title.

Effective Date

Section effective , 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.

Credits

2002–2015 · 2 acts
  1. 2002Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, , 115 Stat. 2004
  2. 2015amended Pub. L. 114–95, title IX, § 9104, , 129 Stat. 2136.
Show as published

(Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, , 115 Stat. 2004; amended Pub. L. 114–95, title IX, § 9104, , 129 Stat. 2136.)

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