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School Responsibilities for
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The McKinney Act requires schools to provide children in homeless
situations equal access to the same free, appropriate public education as
provided other children and youth. This includes transportation,
compensatory education, special education, programs for students with
limited English proficiency, vocational programs, and programs for gifted
and talented students.
The McKinney Act states that children and youth who become homeless can
choose to continue school in the school they were attending before they
became homeless, or they may attend school in the attendance area in which
they are actually living.
The decision is based on the best interest of the child and must give consideration to a request made by a parent. The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere by the parents.
School responsibilities for enrolling homeless children
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School districts cannot prevent or delay the enrollment of children and youth without homes by requiring proof of residency.
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Schools may not keep homeless children and youth out of school or delay their enrollment because of transportation problems, transfer of records, immunization or residency requirements, or guardianship issues.
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If a homeless child or youth attempts to enroll in school without a parent, guardian, or other adult supervision, the school district must enroll the child.
School responsibilities for providing educational services
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Schools must provide an education in a mainstream school environment and must not isolate or stigmatize because of homelessness.
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Schools must allow eligible homeless children to participate in federal, state and local food programs.
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Schools must provide prompt resolution of disputes regarding educational placement.
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State and local educational agencies must change policies that keep homeless children and youth from attending school.
Source
1994 Stewart B. McKinney Homeless Assistance Act (Subtitle B of Title
VII) SEC. 323. EDUCATION FOR HOMELESS CHILDREN AND YOUTH. Retrieved
September 26, 2001 from http://www.serve.org/nche/McKLeg.htm
