covered county
(3) Prohibition on segregating homeless students (A) In general Except as provided in subparagraph (B) and section 11433(a)(2)(B)(ii) of this title , in providing a free public education to a homeless child or youth, no State receiving funds under this part shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child’s or youth’s status as homeless. (B) Exception Notwithstanding subparagraph (A), paragraphs (1)(J)(i) and (3) of subsection (g), section 11433(a)(2) of this title , and any other provision of this part relating to the placement of homeless children or youths in schools, a State that has a separate school for homeless children or youths that was operated in fiscal year 2000 in a covered county shall be eligible to receive funds under this part for programs carried out in such school if— (i) the school meets the requirements of subparagraph (C); (ii) any local educational agency serving a school that the homeless children and youths enrolled in the separate school are eligible to attend meets the requirements of subparagraph (E); and (iii) the State is otherwise eligible to receive funds under this part. (C) School requirements For the State to be eligible under subparagraph (B) to receive funds under this part, the school described in such subparagraph shall— (i) provide written notice, at the time any child or youth seeks enrollment in such school, and at least twice annually while the child or youth is enrolled in such school, to the parent or guardian of the child or youth (or, in the case of an unaccompanied youth, the youth) that— (I) shall be signed by the parent or guardian (or, in the case of an unaccompanied youth, the youth); (II) sets forth the general rights provided under this part; (III) specifically states— (aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A); (bb) that no homeless child or youth is required to attend a separate school for homeless children or youths; (cc) that homeless children and youths shall be provided comparable services described in subsection (g)(4), including transportation services, educational services, and meals through school meals programs; and (dd) that homeless children and youths should not be stigmatized by school personnel; and (IV) provides contact information for the local liaison for homeless children and youths and the State Coordinator for Education of Homeless Children and Youths; (ii) (I) provide assistance to the parent or guardian of each homeless child or youth (or, in the case of an unaccompanied youth, the youth) to exercise the right to attend the parent’s or guardian’s (or youth’s) choice of schools, as provided in subsection (g)(3)(A); and (II) coordinate with the local educational agency with jurisdiction for the school selected by the parent or guardian (or youth), to provide transportation and other necessary services; (iii) ensure that the parent or guardian (or, in the case of an unaccompanied youth, the youth) shall receive the information required by this subparagraph in a manner and form understandable to such parent or guardian (or youth), including, if necessary and to the extent feasible, in the native language of such parent or guardian (or youth); and (iv) demonstrate in the school’s application for funds under this part that such school— (I) is complying with clauses (i) and (ii); and (II) is meeting (as of the date of submission of the application) the same Federal and State standards, regulations, and mandates as other public schools in the State (such as complying with section 1111 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6311 ] and providing a full range of education and related services, including services applicable to students with disabilities). (D) School ineligibility A separate school described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph (C)(iv)(II) shall not be eligible to receive funds under this part for programs carried out in such school after the first date of such failure. (E) Local educational agency requirements For the State to be eligible to receive the funds described in subparagraph (B), the local educational agency described in subparagraph (B)(ii) shall— (i) implement a coordinated system for ensuring that homeless children and youths— (I) are advised of the choice of schools provided in subsection (g)(3)(A); (II) are immediately enrolled, in accordance with subsection (g)(3)(C), in the school selected under subsection (g)(3)(A); and (III) are promptly provided necessary services described in subsection (g)(4), including transportation, to allow homeless children and youths to exercise their choices of schools under subsection (g)(3)(A); (ii) document that written notice has been provided— (I) in accordance with subparagraph (C)(i) for each child or youth enrolled in a separate school under subparagraph (B); and (II) in accordance with subsection (g)(6)(A)(vi); (iii) prohibit schools within the agency’s jurisdiction from referring homeless children or youths to, or requiring homeless children and youths to enroll in or attend, a separate school described in subparagraph (B); (iv) identify and remove any barriers that exist in schools within the agency’s jurisdiction that may have contributed to the creation or existence of separate schools described in subparagraph (B); and (v) not use funds received under this part to establish— (I) new or additional separate schools for homeless children or youths; or (II) new or additional sites for separate schools for homeless children or youths, other than the sites occupied by the schools described in subparagraph (B) in fiscal year 2000. (F) Report (i) Preparation The Secretary shall prepare a report on the separate schools and local educational agencies described in subparagraph (B) that receive funds under this part in accordance with this paragraph. The report shall contain, at a minimum, information on— (I) compliance with all requirements of this paragraph; (II) barriers to school access in the school districts served by the local educational agencies; (III) the progress the separate schools are making in integrating homeless children and youths into the mainstream school environment, including the average length of student enrollment in such schools; and (IV) the progress the separate schools are making in helping all students meet the challenging State academic standards. (ii) Compliance with information requests For purposes of enabling the Secretary to prepare the report, the separate schools and local educational agencies shall cooperate with the Secretary and the State Coordinator for Education of Homeless Children and Youths established in the State under subsection (d)(3), and shall comply with any requests for information by the Secretary and State Coordinator for such State. (iii) Submission The Secretary shall submit the report described in clause (i) to— (I) the President; (II) the Committee on Education and the Workforce of the House of Representatives; and (III) the Committee on Health, Education, Labor, and Pensions of the Senate. (G) Definition For purposes of this paragraph, the term “covered county” means— (i) San Joaquin County, California; (ii) Orange County, California; (iii) San Diego County, California; and (iv) Maricopa County, Arizona.