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Title X, Part C, Section 1031;
1032, Subtitle B, Sections 721-726; Section 1033
42 U.S.C. 11435(2).
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U.S.
Department of Education’s Education for
Homeless Children and Youth Program Title VII-B of the McKinney-Vento
Homeless Assistance Act, As Amended by the No Child Left Behind
Act of 2002 Non-Regulatory Guidance
Federal Register, March 8, 2002
Notice of School Enrollment Guidelines
Homeless Children and Head Start programs
Homeless Children and Nutrition Programs
Introduction
The McKinney Act's Education of Homeless Children and Youth (EHCY)
program was established by Congress in 1987 in response to reports
that over 50% of homeless children were not attending school regularly.
The EHCY Program provides formula grants to state educational agencies
to ensure that all homeless children and youth have equal access
to the same free, appropriate education, including preschool education,
provided to other children and youth. State and local educational
agencies receive McKinney funds to review and revise laws, regulations,
practices, or policies that may act as a barrier to the enrollment,
attendance, and success in school of homeless children and youth.
In 1990, the McKinney program was amended and its authorized funding
level was increased to enable states to provide grants to local
educational agencies for direct services to carry out the purposes
of the program, and in 2001, EHCY was attached to the No Child
Left Behind Act.
Recent
evaluations of the EHCY program reveal that while much progress
has been made in ensuring homeless children's access to education,
many barriers remain (see America's
Homeless Children: Will Their Future Be Different?). A 1995 national evaluation found that
approximately 86% of homeless children and youth attended school
regularly, a
remarkable increase in school access (Anderson et al., 1995).
The same study also noted that almost all states have revised
laws
and policies to improve access to education for homeless students,
but that the remaining barriers to enrollment in school include
guardianship and immunization requirements, transportation problems,
and school fees. Barriers to success in school were found to
include family mobility, poor health, and lack of food, clothing,
and school
supplies. Similarly, a 1995 survey found that shelter providers
now view residency requirements as a minor barrier to school
enrollment. A majority of the service providers and shelter operators
surveyed,
however, felt that homeless children faced difficulties in being
evaluated for special education programs and services, participating
in after-school events and extra-curricular activities, obtaining
counseling and psychological services, and accessing before-
and after-school care programs (National Law Center on Homelessness & Poverty,
1995).
The
new version of the McKinney-Vento program includes the following:
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prohibits
homeless students from being segregated from the mainstream
school environment; |
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requires
transportation to and from the school of origin; |
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requires
immediate school enrollment despite pending disputes; |
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ensures
that the school district make decisions based on the child’s “best
interest”; and |
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requires
that the school district designate school staff to serve
as local liaison for the education of the homeless. |
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