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 where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, 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 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 services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State academic standards to which all students are held.

Pub. L. 100–77, title VII, § 721 Pub. L. 107–110, title X, § 1032Jan. 8, 2002115 Stat. 1989 Pub. L. 114–95, title IX, § 9101Dec. 10, 2015129 Stat. 2124(, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 100–77, title VII, § 721 Pub. L. 103–382, title III, § 323Oct. 20, 1994108 Stat. 3957 Pub. L. 107–110A prior section 11431, , as added , , , stated policy of Congress, prior to the general amendment of this part by .

Pub. L. 100–77, title VII, § 721July 22, 1987101 Stat. 525 Pub. L. 101–645, title VI, § 612(a)Nov. 29, 1990104 Stat. 4735 Pub. L. 103–382Another prior section 11431, , , ; , , , stated policy of Congress, prior to the general amendment of this part by .

Amendments

Pub. L. 114–95, § 9101(1)2015—Par. (2). , 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, 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 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”.

Pub. L. 114–95, § 9101(2)Par. (3). , struck out “alone” after “Homelessness”.

Pub. L. 114–95, § 9101(3)Par. (4). , substituted “challenging 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, § 9107Dec. 10, 2015129 Stat. 2137

section 11434a of this title Pub. L. 114–95 section 11434a of this titleOctober 1, 2016“Except as provided in section 9105(b) [set out as a note under ] 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 , amending this section and sections 11432 to 11435 of this title and enacting provisions set out as notes under ] and the amendments made by this title take effect on .”

, , , provided that:

Effective Date

Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.