US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 11434

Secretarial responsibilities

(a)

Review of State plans

section 11432(g) of this titleIn reviewing the State plan submitted by a State educational agency under , 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

section 11435 of this titleThe 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 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

section 11431(1) of this titleThe 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 . 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

section 11435 of this titleFrom funds appropriated under , 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.

Pub. L. 100–77, title VII, § 724Pub. L. 107–110, title X, § 1032115 Stat. 2004Pub. L. 114–95, title IX, § 9104129 Stat. 2136(, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 114–95129 Stat. 1802section 6301 of this titleThat Act, referred to in subsec. (g)(1), is , , , 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 and Tables.

Prior Provisions

Pub. L. 100–77, title VII, § 724Pub. L. 103–382, title III, § 323108 Stat. 3964Pub. L. 107–110A prior section 11434, , as added , , , related to Secretarial responsibilities, prior to the general amendment of this part by .

Pub. L. 100–77, title VII, § 724101 Stat. 528Pub. L. 101–645, title VI, § 612(d)104 Stat. 4742Pub. L. 103–382Another prior section 11434, , , ; , , , related to national responsibilities, prior to the general amendment of this part by .

Amendments

Pub. L. 114–95, § 9104(1)2015—Subsec. (c). , 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.”

Pub. L. 114–95, § 9104(2)section 11435 of this titleSubsec. (d). , 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 to conduct such activities.”

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

Pub. L. 114–95, § 9104(4)Subsec. (f). , 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.”

Pub. L. 114–95, § 9104(5)Subsec. (g). , 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.”

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

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

Effective Date

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