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(1) a description of the services and programs for which assistance is sought and the problems to be addressed through the provision of such services and programs;

(2) an assurance that the local educational agency's combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made;

(3) an assurance that the applicant complies with, or will use requested funds to come into compliance with, paragraphs (3) through (9) of section 722(g); and

(4) a description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth.

(c) AWARDS.

(1) IN GENERAL.-The State educational agency shall, in accordance with section 722(g) and from amounts made available to such agency under section 726, award grants under this section to local educational agencies submitting an application under subsection (b) on the basis of the need of such agencies.

(2) NEED.-In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary, and secondary schools within the area served by the agency, and shall consider the needs of such children and youth and the ability of the agency to meet such needs. Such agency may also consider

(A) the extent to which the proposed use of funds would facilitate the enrollment, retention, and educational success of homeless children and youth;

(B) the extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth, as well as the State plan required by section 722(g);

(C) the extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youth; and

(D) such other criteria as the agency determines appropriate.

(3) DURATION OF GRANTS.-Grants awarded under this section shall be for terms not to exceed three years.

(d) AUTHORIZED ACTIVITIES.-A local educational agency may use funds awarded under this section for activities to carry out the purpose of this subtitle, including—

(1) the provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State content standards and challenging State student performance standards the State establishes for other children or youth;

(2) the provision of expedited evaluations of the strengths and needs of homeless children and youth, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and students with limited-English proficiency, services provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs in vocational education, and school meals programs);

(3) professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless children and youth, the rights of such children and youth under this Act, and the specific educational needs of runaway and homeless youth;

(4) the provision of referral services to homeless children and youth for medical, dental, mental, and other health services;

(5) the provision of assistance to defray the excess cost of transportation for students pursuant to section 722(g)(4), not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 722(g)(3);

(6) the provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschool-aged children;

(7) the provision of before- and after-school, mentoring, and summer programs for homeless children and youth in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities;

(8) where necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youth in school, including birth certificates, immunization records, academic records, guardianship records, and evaluations for special programs or services;

(9) the provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth;

(10) the development of coordination between schools and agencies providing services to homeless children and youth, including programs funded under the Runaway and Homeless Youth Act;

(11) the provision of pupil services (including violence prevention counseling) and referrals for such services;

(12) activities to address the particular needs of homeless children and youth that may arise from domestic violence;

(13) the adaptation of space and purchase of supplies for nonschool facilities made available under subsection (a)(2) to provide services under this subsection;

(14) the provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations; and

(15) the provision of other extraordinary or emergency assistance needed to enable homeless children and youth to attend school.

SEC. 724. [42 U.S.C. 11434] SECRETARIAL RESPONSIBILITIES.

(a) REVIEW OF PLANS.-In reviewing the State plans submitted by the State educational agencies under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plans adequately address the problems of homeless children and youth relating to access to education and placement as described in such plans.

(b) TECHNICAL ASSISTANCE.-The Secretary shall provide support and technical assistance to the State educational agencies to assist such agencies to carry out their responsibilities under this subtitle.

(c) EVALUATION AND DISSEMINATION.-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 section 726 to conduct such activities.

(d) SUBMISSION AND DISTRIBUTION.-The Secretary shall require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-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 120-day period beginning on such date.

(e) DETERMINATION BY SECRETARY.-The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (d), 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 section 721(1).

(f) REPORTS.-The Secretary shall prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the programs and activities authorized by this subtitle by December 31, 1997, and every third year thereafter. SEC. 725. [42 U.S.C. 11434a] DEFINITIONS.

For the purpose of this subtitle, unless otherwise stated

and

(1) the term "Secretary" means the Secretary of Education;

(2) the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 726. [42 U.S.C. 11435] AUTHORIZATION OF APPROPRIATIONS.

For the purpose of carrying out this subtitle, there are authorized to be appropriated $30,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996, 1997, 1998, and 1999.

PART VI—EDUCATION OF INDIVIDUALS WITH
DISABILITIES

INDIVIDUALS WITH DISABILITIES EDUCATION ACT1

PART A-GENERAL PROVISIONS

SEC. 601. [20 U.S.C. 1400] SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.

(a) SHORT TITLE.-This Act may be cited as the "Individuals with Disabilities Education Act".

(b) TABLE OF CONTENTS.-The table of contents for this Act is as follows:

PART A-GENERAL PROVISIONS

Sec. 601. Short title; table of contents; findings; purposes.

Sec. 602. Definitions.

Sec. 603. Office of Special Education Programs.

Sec. 604. Abrogation of State sovereign immunity.

Sec. 605. Acquisition of equipment; construction or alteration of facilities.

Sec. 606. Employment of individuals with disabilities.

Sec. 607. Requirements for prescribing regulations.

PART B-ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

Sec. 611. Authorization; allotment; use of funds; authorization of appropriations. Sec. 612. State eligibility.

Sec. 613. Local educational agency eligibility.

Sec. 614. Evaluations, eligibility determinations, individualized education programs, and educational placements.

Sec. 615. Procedural safeguards.

Sec. 616. Withholding and judicial review.

Sec. 617. Administration.

Sec. 618. Program information.

Sec. 619. Preschool grants.

PART C-INFANTS AND TODDLERS WITH DISABILITIES

Sec. 631. Findings and policy.

Sec. 632. Definitions.

Sec. 633. General authority.

Sec. 634. Eligibility.

Sec. 635. Requirements for statewide system.

Sec. 636. Individualized family service plan.

Sec. 637. State application and assurances.

Sec. 638. Uses of funds.

Sec. 639. Procedural safeguards.

Sec. 640. Payor of last resort.

Sec. 641. State Interagency Coordinating Council.

Sec. 642. Federal administration.

Sec. 643. Allocation of funds.

Sec. 644. Federal Interagency Coordinating Council.

Sec. 645. Authorization of appropriations.

1Title VI of Public Law 91-230. The short title of this title formerly was the "Education of the Handicapped Act", and was revised by section 901(a) of Public Law 101-476 (104 Stat. 1141).

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