PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1991 as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), that are consistent with the purposes of the programs described in this subtitle. "(ii) The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones. "(3) STATE DEFINED. —For purposes of this subsection, the term 'State' does not include the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. "(d) ACTIVITIES. —Grants under this section shall be used for the following: "(1) To carry out the policies set forth in section 721 in the State. "(2) To provide activities for, and services to, homeless children, including preschool-aged homeless children, and youths that enable such children and youths to enroll in, attend, and succeed in school, or, if appropriate, in preschool programs. "(3) To establish or designate an Office of Coordinator for Education of Homeless Children and Youths in the State educational agency in accordance with subsection (f). "(4) To prepare and carry out the State plan described in subsection (g). "(5) To develop and implement professional development programs for school personnel to heighten their awareness of, and capacity to respond to, specific problems in the education of homeless children and youths. "(e) STATE AND LOCAL SUBGRANTS. — "(1) MINIMUM DISBURSEMENTS BY STATES.— From the sums made available each year to carry out this subtitle, the State educational agency shall distribute not less than 75 percent in subgrants to local educational agencies for the purposes of carrying out section 723, except that States funded at the minimum level set forth in subsection (c)(1) shall distribute not less than 50 percent in subgrants to local educational agencies for the purposes of carrying out section 723. "(2) USE BY STATE EDUCATIONAL AGENCY.—^A State educational agency may use funds made available for State use under this subtitle to conduct activities under subsection (f) directly or through grants or contracts. "(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS. — "(A) IN GENERAL. —Except as provided in subparagraph (B) and section 723(a)(2)(B)(ii), in providing a free public education to a homeless child or youth, no State receiving funds under this subtitle 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 (l)(J)(i) and (3) of subsection (g), section 723(a)(2), and any other provision of this subtitle relating to the placement of homeless children or youths in schools.
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