PURPOSE: The Department of Elementuy and Secondoy E&cation (the department) has the authority to receive and expend federal jimds for educational program and to establish rules for administration of the pmgram in accordance with controlling statutes and regulations. This rule sets fonh the gutera1 provisions governing programs operated under the Stewan B. McKinney Homeless Assistance Act, EL. 100-77, as amended by litle III of the Improving America’s Schools Act of 1994, i?L. 103-382. This rule incorporates by refereence the store tl&ninistratbe Manual for the Educadon of Homeless Children and Youth.

Editor’s Note: The following material is incorporated into this rule by reference: I) Stewart B. M&ray Homeless Assistance Act, .?L. 100-77, Title III, Improving America’s Schools Act 1994 (Washington: U.S. Government Printing OJjke, I994): 2) Meering the Needs of Missouri’s Homeless Children and &zth Administradve Mannnl @#emon City: Missouri Department of Education, Division of Instruction, 1995). In accordance with section 536.031(4), RSMo, the fill tent of material incorporated by reference will be made available to any interested person at the OJfice of the Secretary of State and the headquarters of the adopting stae agency.

1. (1) All programs, activities and projects Editor’s Note: Tkhe following material implemented with funds under the Stewart B. McKinney Homeless Assistance Act shall be conducted in conformity with-

   1. (A) The Stewart B. McKiiney Homeless Assistance Act, P.L. 100-77 as amended ,by Title lII of the Improving America’s Schools Act of 1994, P.L. 103.382;
   2. (B) The state Adminisrraw Manual for the Education of Homeless Children and Youth is incorporated here by reference and provides guidance and interpretation of federal statwxy and regulatory requirements for the program as applied to the school districts of Missouri and also establishes program management procedures consistent with state law and practices.
2. (2) Any rule, or interpretation promulgated by the State Board of Education in exercising its responsibilities under the Stewart B. McK- inney Homeless Assistance Act as amended may be waived by the assistant commissioner, Division of Instruction, upon his/her determination that a situation exists in which tie application of ihat rule, or interpretation would work an extreme hardship upon the affected party, OT would work to the deniment of the intended beneficiaries of the program. The waiver authority does not extend to regulations pnnnulgated by the United States Department of Education, which are a condition of accepting funds under the Stewart B. McKinney Homeless Assistance Act.

AUTHOm section 178.430, RSMo (1994). * Original rule filed July 22, 1992, effective April 8, 1993. Amended: Filed March 2, 1995, effective Oct. 30, 1995.