§ 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,
File SHA-256: 5dcde52055ac5ad23a2833306ff34c34d34e7b55bac8f6f02ed9677a0d11705a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_a75151133ad43bfb336ddebb Source file: Laws/federal/codes/united-states-code-2024/title-42/section-11431-statement-of-policy--ee101c71cc.md Pages: Not recorded – Not recorded Passage SHA-256: 6ac63c8330b4d30e4ecfc66486a5e5c5a2ba76103b4e0a948fdb9287c42c4957 Retained source evidence SHA-256: 5dcde52055ac5ad23a2833306ff34c34d34e7b55bac8f6f02ed9677a0d11705a
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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Local educational agency policy**
(1) **In general** — A local educational agency may receive funds under this part only if such agency conducts outreach to all parents and family members and implements programs, activities, and procedures for the involvement of parents and family members in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children.
(2) **Written policy** — Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents and family members of participating children a written parent and family engagement policy. The policy shall be incorporated into the local educational agency’s plan developed under [section 6312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6312&num=0&edition=prelim), establish the agency’s expectations and objectives for meaningful parent and family involvement, and describe how the agency will—
(A) involve parents and family members in jointly developing the local educational agency plan under [section 6312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6312&num=0&edition=prelim), and the development of support and improvement plans under paragraphs (1) and (2) of [section 6311(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/d&num=0&edition=prelim).
(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective pare
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 6332. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 6332. Allocations to States
(a) Allocation formula
Of the amount appropriated under section
6302(a) of this title to carry out this part for
each of fiscal years 2017–2020 (referred to in this
subsection as the current fiscal year)—
(1) an amount equal to the amount made
available to carry out section 6333 of this title
for fiscal year 2001 shall be allocated in ac-
cordance with section 6333 of this title;
(2) an amount equal to the amount made
available to carry out section 6334 of this title
for fiscal year 2001 shall be allocated in ac-
cordance with section 6334 of this title; and
(3) an amount equal to 100 percent of the
amount, if any, by which the total amount
made available under this subsection for the
current fiscal year for which the determina-
tion is made exceeds the total amount avail-
able to carry out sections 6333 and 6334 of this
title for fiscal year 2001 shall be used to carry
out sections 6335 and 6337 of this title and such
amount shall be divided equally between sec-
tions 6335 and 6337 of this title.
(b) Adjustments where necessitated by appro-
priations
(1) In general
If the sums available under this subpart for
any fiscal year are insufficient to pay the full
amounts that all local educational agencies in
States are eligible to receive under sections
6333, 6334, and 6335 of this title for such year,
the Secretary shall ratably reduce the alloca-
tions to such local educational agencies, sub-
ject to subsections (c) and (d) of this section.
(2) Additional funds
If additional funds become available for
making payments under sections 6333, 6334,
and 6335 of this title for such fiscal year, allo-
cations that were reduced under paragraph (1)
shall be increased on the same basis as they
were reduced.
(c) Hold-harm
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 6332. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 450. Transferred
Editorial Notes
CODIFICATION
Section 450 was editorially reclassified as section 5301
of this title.
§ 450a. Transferred
Editorial Notes
CODIFICATION
Section 450a was editorially reclassified as section
5302 of this title.
§ 450a–1. Transferred
Editorial Notes
CODIFICATION
Section 450a–1 was editorially reclassified as section
5303 of this title.
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 450e–1. Transferred
Editorial Notes
CODIFICATION
Section 450e–1 was editorially reclassified as section
5308 of this title.
§ 450e–2. Transferred
Editorial Notes
CODIFICATION
Section 450e–2 was editorially reclassified as section
5309 of this title.
§ 450e–3. Transferred
Editorial Notes
CODIFICATION
Section 450e–3 was editorially reclassified as section
5310 of this title.
PART A—INDIAN SELF-DETERMINATION
§ 450f. Transferred
Editorial Notes
CODIFICATION
Section 450f was editorially reclassified as section
5321 of this title.
Statutory Notes and Related Subsidiaries
TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT
Pub. L. 93–638, title III, as added by Pub. L. 100–472,
title II, § 209, Oct. 5, 1988, 102 Stat. 2296; amended by
Pub. L. 102–184, §§ 2–6, Dec. 4, 1991, 105 Stat. 1278; Pub. L.
102–573, title VIII, § 814, Oct. 29, 1992, 106 Stat. 4590; Pub.
L. 103–435, § 22(a)(2), (3), Nov.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification of suitable property** The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless.
**(b) Availability of property**
(1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include—
(A) in the case of unutilized or underutilized property—
(i) a statement of intention to determine the property excess to the agency’s needs;
(ii) a statement of intention to make the property available for use to assist the homeless; or
(iii) a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and
(B) in the case of excess property—
(i) a statement that there is no other compelling Federal need for the property and, therefore,
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11411. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 11411. Use of unutilized and underutilized pub-
lic buildings and real property to assist the
homeless
(a) Identification of suitable property
The Secretary of Housing and Urban Develop-
ment shall, on a quarterly basis, request infor-
mation from each landholding agency regarding
Federal public buildings and other Federal real
properties (including fixtures) that are excess
property or surplus property or that are de-
scribed as unutilized or underutilized in surveys
by the heads of landholding agencies under sec-
tion 524(a)(2) and (3) of title 40. No later than 25
days after receiving a request from the Sec-
retary, the head of each landholding agency
shall transmit such information to the Sec-
retary. No later than 30 days after receiving
such information, the Secretary shall identify
which of those buildings and other properties
are suitable for use to assist the homeless.
(b) Availability of property
(1) The Secretary shall promptly notify each
Federal agency with respect to any property of
that agency that the Secretary has identified
under subsection (a). No later than 45 days after
receipt of such a notice, the head of the appro-
priate landholding agency shall transmit to the
Secretary the agency’s response to property
identifications contained in such notification,
which shall include—
(A) in the case of unutilized or underutilized
property—
(i) a statement of intention to determine
the property excess to the agency’s needs;
(ii) a statement of intention to make the
property available for use to assist the
homeless; or
(iii) a statement of the reasons (including
a full explanation of the need) the property
cannot be determined excess to the agency’s
needs or made available for use to assist the
homeless; and
(B) in the case o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11411. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.