Title X, Part C, Section 1031; 1032, Subtitle B, Sections 721-726; Section 1033
42 U.S.C. 11435(2).

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:

prohibits homeless students from being segregated from the mainstream school environment;
requires transportation to and from the school of origin;
requires immediate school enrollment despite pending disputes;
ensures that the school district make decisions based on the child’s “best interest”; and
requires that the school district designate school staff to serve as local liaison for the education of the homeless.