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LegalText 42 U.S.C. § 11431 Statement of policy us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 119 HOMELESS ASSISTANCE 11431 42 U.S.C. § 11431 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s11431 data/legal/raw/us/code/title-42/usc42.xml 4de8592f005f40faf324a353e18314902303a054dcba48ab8997828428e02421 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 7b2fa903c21784581afe331f3bf4d577e01f5567d994e850d9bd43ac512cc7c9 2026-07-04 official
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42 U.S.C. § 11431 - Statement of policy

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.

(Pub. L. 10077, title VII, § 721, as added Pub. L. 107110, title X, § 1032, Jan. 8, 2002, 115 Stat. 1989; amended Pub. L. 11495, title IX, § 9101, Dec. 10, 2015, 129 Stat. 2124.)

Notes

Editorial Notes

Prior ProvisionsA prior section 11431, Pub. L. 10077, title VII, § 721, as added Pub. L. 103382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, stated policy of Congress, prior to the general amendment of this part by Pub. L. 107110. Another prior section 11431, Pub. L. 10077, title VII, § 721, July 22, 1987, 101 Stat. 525; Pub. L. 101645, 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. 103382.

Amendments2015—Par. (2). Pub. L. 11495, § 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 States 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. 11495, § 9101(2), struck out “alone” after “Homelessness”. Par. (4). Pub. L. 11495, § 9101(3), substituted “challenging State academic standards” for “challenging State student academic achievement standards”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentPub. L. 11495, 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 (§§ 91019107) of title IX of Pub. L. 11495, 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 DateSection effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, set out as a note under section 6301 of Title 20, Education.