§11431. Statement of policy

It is the policy of the Congress that-

(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 youth;

(2) 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 youth, the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free, appropriate public education as provided to other children and youth;

(3) homelessness alone should not be sufficient reason to separate students from the mainstream school environment; and

(4) homeless children and youth should have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same challenging State student performance standards to which all students are held.

(Pub. L. 100–77, title VII, §721, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3957 .)

Prior Provisions

A 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.

Effective Date

Section 3(a)(3)(A) of Pub. L. 103–382 provided that: "Parts A [§§311–315, enacting former sections 1414a and 1491a to 1491o of Title 20, Education, amending former section 1411 of Title 20, and enacting provisions set out as notes under former sections 1415 and 1484 and section 8921 of Title 20] and B [§§321–323, amending sections 11421 and 11431 to 11435 of this title] of title III of this Act and the amendments made by such parts shall take effect on July 1, 1995."

Section Referred to in Other Sections

This section is referred to in sections 11432, 11434 of this title.