42 U.S.C. § 11431 — Statement of policy

Page 8185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11431 mit to Congress, not later than the expiration of the 1- year period beginning on Oct. 28, 1992, a report regard- ing the consultations and determinations made by the Secretary under this section, including recommenda- tions. UNUTILIZED AND UNDERUTILIZED PROPERTY FOR PURPOSES OF 1990 AMENDMENT Pub. L. 101–645, title IV, § 401(c), Nov. 29, 1990, 104 Stat. 4723, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘For purposes of sec- tion 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) (as amended by this Act) the terms ‘unutilized’ and ‘underutilized’ when used to describe property have the same meaning such terms had before the date of the enactment of this Act [Nov. 29, 1990] under such section 501.’’ § 11412. Making surplus personal property avail- able to nonprofit agencies (a) Omitted (b) Requirement for notification Within 90 days after July 22, 1987, the Adminis- trator of General Services shall require each State agency administering a State plan under section 549(a)–(e) of title 40 to make generally available information about surplus personal property which may be used in the provision of food, shelter, or other services to homeless indi- viduals. (c) Costs Surplus personal property identified pursuant to this section shall be made available to pro- viders of assistance to homeless individuals by a State agency distributing such property at (1) a nominal cost to such organization or (2) at no cost when the Administrator agrees to reim- burse the State agency for the costs of care and handling of such property. (Pub. L. 100–77, title V, § 502, July 22, 1987, 101 Stat. 510.) Editorial Notes CODIFICATION Section is comprised of section 502 of Pub. L. 100–77. Subsec. (a) of section 502 amended section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949, which was classified to section 484(j)(3)(B) of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as section 549(c)(3)(B) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. In subsec (b), ‘‘section 549(a)–(e) of title 40’’ sub- stituted for ‘‘203(j) of the Federal Property and Admin- istrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. SUBCHAPTER VI—EDUCATION AND TRAINING PART A—ADULT EDUCATION FOR HOMELESS § 11421. Repealed. Pub. L. 105–220, title I, § 199(b)(1), Aug. 7, 1998, 112 Stat. 1059 Section, Pub. L. 100–77, title VII, § 701, as added Pub. L. 103–382, title III, § 322, Oct. 20, 1994, 108 Stat. 3956, re- lated to State literacy initiatives. A prior section 11421, Pub. L. 100–77, title VII, § 702, July 22, 1987, 101 Stat. 525; Pub. L. 100–297, title VI, § 6001, Apr. 28, 1988, 102 Stat. 423; Pub. L. 100–628, title VII, § 701, Nov. 7, 1988, 102 Stat. 3244; Pub. L. 101–645, title VI, § 611, Nov. 29, 1990, 104 Stat. 4734, related to State literacy initiatives, prior to the general amend- ment of this part by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 105–220, title I, § 199(c)(2)(A), Aug. 7, 1998, 112 Stat. 1059, which provided that the repeal made by sub- section (b)(1) (repealing sections 11421, 11461 to 11466, 11471, and 11472 of this title) would take effect on July 1, 1999, was repealed by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705. PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS § 11431. Statement of policy The following is the policy of the Congress: (1) Each State educational agency shall en- sure 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 pro- vided to other children and youths. (2) In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enroll- ment, attendance, or success in school of, homeless children and youths, the State edu- cational agency and local educational agencies in 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 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 serv- ices that such children and youths need to en- sure that such children and youths have an op- portunity to meet the same challenging State academic standards to which all students are held. (Pub. L. 100–77, title VII, § 721, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 1989; amended Pub. L. 114–95, title IX, § 9101, Dec. 10, 2015, 129 Stat. 2124.) Editorial Notes PRIOR PROVISIONS A prior section 11431, Pub. L. 100–77, title VII, § 721, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, stated policy of Congress, prior to the gen- eral amendment of this part by Pub. L. 107–110. Another prior section 11431, Pub. L. 100–77, title VII, § 721, July 22, 1987, 101 Stat. 525; Pub. L. 101–645, title VI, § 612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress, prior to the general amendment of this part by Pub. L. 103–382. AMENDMENTS 2015—Par. (2). Pub. L. 114–95, § 9101(1), substituted ‘‘In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, Page 8186 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11432 1 See References in Text note below. or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review’’ for ‘‘In any State that has a compulsory resi- dency requirement as a component of the State’s com- pulsory school attendance laws or other laws, regula- tions, 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’’. Par. (3). Pub. L. 114–95, § 9101(2), struck out ‘‘alone’’ after ‘‘Homelessness’’. Par. (4). Pub. L. 114–95, § 9101(3), substituted ‘‘chal- lenging State academic standards’’ for ‘‘challenging State student academic achievement standards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–95, title IX, § 9107, Dec. 10, 2015, 129 Stat. 2137, provided that: ‘‘Except as provided in section 9105(b) [set out as a note under section 11434a of this title] or as otherwise provided in this Act [see Tables for classification], this title [probably means ‘‘this part’’, meaning part A (§§ 9101–9107) of title IX of Pub. L. 114–95, amending this section and sections 11432 to 11435 of this title and enacting provisions set out as notes under section 11434a of this title] and the amend- ments made by this title take effect on October 1, 2016.’’ EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, 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 (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 Sec- retary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under sec- tion 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 Sec- ondary 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 De- partment of the Interior for programs for In- dian 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.),1 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, con- sistent 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 pro- grams described in this part. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts trans- ferred, 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 Is- lands. (d) Activities Grants under this section shall be used for the following: (1) To carry out the policies set forth in sec- tion 11431 of this title in the State. (2) To provide services and activities to im- prove 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, in- cluding, if appropriate, in preschool programs. (3) To establish or designate in the State educational agency an Office of the Coordi- nator for Education of Homeless Children and Youths that can sufficiently carry out the du- ties described for the Office in this part in ac- cordance 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