115 STAT. 2002 PUBLIC LAW 107-110-^AN. 8, 2002 "(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). "(3) 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. "(4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g). "(5) A description of policies and procedures, consistent with section 722(e)(3), that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youths. " (c) AWARDS. — "(1) IN GENERAL.— The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. "(2) NEED. —In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youths enrolled in preschool, elementary, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youths and the ability of the local educational agency to meet such needs. The State educational agency may also consider the following: "(A) The extent to which the proposed use of funds will facilitate the enrollment, retention, and educational success of homeless children and youths. "(B) The extent to which the application— "(i) reflects coordination with other local and State agencies that serve homeless children and youths; and "(ii) describes how the applicant will meet the requirements of section 722(g)(3). "(C) The extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youths. "(D) Such other criteria as the State agency determines appropriate. "(3) QUALITY.— In determining the quality of applications under paragraph (1), the State educational agency shall consider the following: "(A) The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. "(B) The types, intensity, and coordination of the services to be provided under the program. "(C) The involvement of parents or guardians of homeless children or youths in the education of their children.
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