2016 US Code
Title 42 - The Public Health and Welfare
Chapter 119 - Homeless Assistance
Subchapter VI - Education and Training
Part B - Education for Homeless Children and Youths
Sec. 11431 - Statement of policy

Download PDF
Citation 42 U.S.C. § 11431 (2016)
Section Name §11431. Statement of policy
Section Text

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.

Source Credit

(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 general 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, 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".

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

Par. (4). Pub. L. 114–95, §9101(3), substituted "challenging State academic standards" for "challenging State student academic achievement standards".

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 amendments made by this title take effect on October 1, 2016."

EFFECTIVE DATE

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

Publication Title United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 119 - HOMELESS ASSISTANCE
SUBCHAPTER VI - EDUCATION AND TRAINING
Part B - Education for Homeless Children and Youths
Sec. 11431 - Statement of policy
Contains section 11431
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 101 Stat. 525
104 Stat. 4735
108 Stat. 3957
115 Stat. 1989
129 Stat. 2124, 2137
Public Law References Public Law 100-77, Public Law 101-645, Public Law 103-382, Public Law 107-110, Public Law 114-95
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.