HR 4880
110th CONGRESS
1st Session
H. R. 4880
To amend the McKinney-Vento Homeless Assistance Act to provide
for the implementation of protection and services for children and youths
in out of home care, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 19, 2007
Mr. DAVIS of Illinois introduced the following bill; which was referred
to the Committee on Education and Labor, and in addition to the Committee
on Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the McKinney-Vento Homeless Assistance Act to provide
for the implementation of protection and services for children and youths
in out of home care, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
(a) In General- The McKinney-Vento Homeless Assistance Act (42 U.S.C.
11421 et seq.) is amended by adding at the end the following new subtitle:
`Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
`SEC. 731. STATEMENTS OF POLICY.
`Congress declares the following:
`(1) Children and youths in out of home care face daunting barriers
to educational success very similar to those faced by children experiencing
homelessness. Extension of the protections and services of this subtitle
to children and youths in out of home care, therefore, is crucial, to
their educational success while ensuring that existing State and local
educational agency programs serving homeless children and youths are
protected and are provided with adequate support.
`(2) Efforts to improve educational outcomes for children and youths
in out of home care must be a joint effort of child welfare agencies
responsible for the welfare of such children and youths and the State
and local educational agencies pursuant to section 732 to provide educational
services to such children and youths.
`SEC. 732. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
`(a) In General- Not later than two years after the date of the enactment
of this subtitle or the date on which the amount appropriated under section
726 equals or exceeds $90,000,000, whichever comes first, each State through
the State educational agency and each local educational agency in the
State, in collaboration with the State and local child welfare agencies
in the State, shall provide children and youths in out of home care with
the following:
`(1) The opportunity to remain in the school of origin, in accordance
with subparagraphs (A) and (B) of section 722(g)(3), subject to subsection
(b) of this section.
`(2) Immediate enrollment in the school chosen pursuant to section 722(g)(3)(C).
`(3) Maintenance and timely transfer of records pursuant to section
722(g)(3)(D).
`(4) Access to the dispute resolution process pursuant to section 722(g)(3)(E).
`(5) The assurance that they will not be segregated in a separate or
stigmatized school or separate program within a school based on the
status of their being children and youths in out of home care, pursuant
to subsections (e)(3) and (g)(1)(J)(i) of section 722.
`(6) Equal access to comparable services as set forth in section 722(g)(4),
subject to subsection (b) of this section.
`(7) Equal access to State-funded and local educational agency-funded
preschool programs, appropriate secondary education and support services,
before- and after-school programs for which they are eligible, including
extracurricular activities, pursuant to section 722(g)(1)(F).
`(8) Opportunities to meet the same challenging State student academic
achievement standards that all students are expected to meet pursuant
to section 722(g)(1)(A).
`(9) Coordination of services with local child welfare and social service
agencies and with local educational agencies on inter-district issues
pursuant to section 722(g)(5).
`(b) Transportation- A State under this subtitle shall not be required
to ensure that transportation is provided to the school of origin for
a child or youth in out of home care unless such transportation is otherwise
required by law, the responsible child welfare agency or other entity
agrees to reimburse the cost of providing such transportation, or transportation
is required under section 733.
`(c) Implementation of Plan- Not later than one year after the date of
the enactment of this subtitle, each State educational agency, in cooperation
with the State child welfare agency in the State, shall submit to the
Secretary a plan for the implementation of the educational rights of children
and youths in out of home care. Such plan shall include the following:
`(1) A description of how the State and the local child welfare agencies
within the State will coordinate and collaborate with the State educational
agency, the Coordinator for Education of Homeless Children and Youths
established under section 722(d)(3), and the local educational agencies
in the State, including liaisons designated under section 722(g)(1)(J)(ii),
to ensure the protections and services provided under this subtitle
will be promptly and effectively delivered to children and youths in
out of home care, taking into account the need to continue serving other
children and youths eligible for protections and services under this
subtitle.
`(2) A description of the policies and procedures which are or will
be implemented regarding confidentiality, information-sharing, and educational
decision-making for such children and youths.
`(3) A description of the policies and procedures which are or will
be implemented regarding notice, dispute resolution procedures, maintenance
of school records, and health records.
`(4) A description of specific procedures for school enrollment and
withdrawal of children and youths in out of home care, including a description
of who within the child welfare agency will work with the local educational
agency to ensure immediate enrollment of children and youths in out
of home care and to assist with the smooth transition from school to
school.
`(5) A description of the numbers and needs of children and youths in
out of home care who will be eligible for the protections and services
under subsection (a), including, to the extent available, data on the
numbers of school-age and preschool-age children and youths in out of
home care in the State by local educational agencies, and data on the
extent of school mobility of children and youths in out of home care
in the State.
`(6) A description of existing barriers to enrollment, attendance, retention,
and educational success in school for children and youths in out of
home care.
`(7) A description of efforts in the State to recruit foster families
and provide placement options that maintain children and youths in their
schools of origin.
`(8) Consistent with subsection (d) and section 722(f)(3), data and
information regarding children and youths in out of home care who are
eligible for and are receiving protections and services under subsection
(a).
`(9) A description of the policies and procedures to be coordinated
with the public child welfare agency that will assist unaccompanied
youths who are in the custody of such public child welfare agency to
maintain school enrollment and attendance through stable housing.
`(10) Pursuant to subsection (b), a description of how required transportation
services will be provided and coordinated.
`(d) Additional Secretarial Responsibilities-
`(A) IN GENERAL- From funds appropriated under section 726, the Secretary,
in coordination with the Secretary of Health and Human Services, shall,
directly or through grants, contracts, or cooperative agreements,
periodically collect and disseminate data and information regarding--
`(i) the number and location of children and youths in out of home
care;
`(ii) the education and related services such children and youths
receive;
`(iii) the extent to which the educational needs of children and
youths in out of home care are being met; and
`(iv) such other data and information as the Secretary determines
necessary and relevant to carry out this subtitle.
`(B) COORDINATION- The Secretary shall coordinate such collection
and dissemination with other agencies and entities that receive assistance
and administer programs under this subtitle. The Secretary shall also
coordinate the collection of such data with the data collection required
under section 724(h).
`(2) REPORT- Not later than four years after the date of the enactment
of this subtitle, the Secretary shall submit to the President and the
Committee on Education and Labor 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 children and youths in out of
home care, including information on the actions of the Secretary and
the effectiveness of the programs supported under this subtitle.
`(e) Rules of Construction-
`(1) NO SHIFTING RESPONSIBILITIES- Nothing in this subtitle is intended
to shift responsibilities to State or local educational agencies for
duties and activities related to meeting the educational needs of children
and youths in out of home care that the State child welfare agency has
specifically assumed in its State plan submitted pursuant to parts B
or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and
670 et seq.).
`(2) NO PRECLUSION OF EARLY IMPLEMENTATION- Nothing in this section
shall preclude a State from extending the protections under this section
to children and youths in out of home care before the date that is two
years after the date of the enactment of this subtitle or the date on
which the amount appropriated under section 726 equals or exceeds $90,000,000,
whichever comes first, except that if a State implements such protections
before either of such dates, the State shall first submit the implementation
plan required under subsection (c).
`(f) Supplement, Not Supplant- Funds appropriated under this subtitle
shall be used to supplement, not supplant, Federal and non-Federal funds
available through State and local child welfare agencies for expenses
related to the education of children and youths who are in out of home
care.
`SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION FOR CHILDREN AND YOUTHS
IN OUT OF HOME CARE.
`State and local educational agencies shall be required to ensure that
transportation is provided to enable children and youths in out of home
care to remain in their schools of origin as specified under this subtitle--
`(1) when the amount appropriated under section 726 equals or exceeds
$140,000,000;
`(2) such transportation is otherwise required by law; or
`(3) the responsible child welfare agency or other entity agrees to
reimburse the cost of providing such transportation.
`SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER CARE PLACEMENT.
`Nothing in sections 732 and 733 shall be construed to relieve States
or local educational agencies of responsibility under this subtitle to
serve children and youths awaiting foster care placement.
`SEC. 735. ACTION BY COURT.
`If the right of the birth or adoptive parent or legal guardian of a child
or youth to make educational decisions for such child or youth has been
terminated or suspended by an order of the court, or if the birth or adoptive
parent or legal guardian cannot be identified or located after reasonable
efforts, is not available with reasonable promptness to assist in enrollment
or placement decisions, or is not acting in the best educational interests
of such child or youth with respect to enrollment or placement decisions,
a court may appoint an individual to serve as the educational decisionmaker
of such child or youth who shall have the same rights as a parent or guardian
under this subtitle. In making such appointment, if such child or youth
is eligible for services under the Individuals with Disabilities Education
Act, the court shall consider whether the individual who is serving as
the parent or surrogate parent under sections 615(b)(2) and 639(a)(5)
of such Act of such child or youth should serve as the educational decisionmaker
for the purpose of this subtitle.
`SEC. 736. DEFINITIONS.
`(1) CHILDREN AND YOUTHS IN OUT OF HOME CARE- The term `children and
youths in out of home care' means children and youths who are in the
custody of a public child welfare agency, including foster family homes,
kinship care families, group homes, and other congregate care facilities.
`(2) PARENT OR GUARDIAN- The term `parent or guardian' means, with respect
to children or youths in out of home care--
`(A) the birth or adoptive parent or legal guardian of such a child
or youth, unless such parent's or guardian's right to make educational
decisions for such child or youth has been terminated or suspended
by a court; or
`(B) the educational decisionmaker appointed by a court to make educational
decisions for such child or youth.'.
(b) Conforming Amendment- The table of contents of the McKinney-Vento
Homeless Assistance Act is amended by adding at the end the following:
`Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
`Sec. 731. Statements of policy.
`Sec. 732. Implementation of protection and services for children and
youths in out of home care.
`Sec. 733. Special rule regarding transportation for children and youths
in out of home care.
`Sec. 734. Children and youths awaiting foster care placement.
`Sec. 735. Action by court.
`Sec. 736. Definitions.'.
END
