General Requirements Relating to the
Education of Homeless Children with Disabilities

Authority:            McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. and the Individuals with Disabilities Education Act, Part B, 20 U.S.C. 1401, 1411-1419 and 34 CFR Part 300, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 and 34 CFR Part 104 and Title II of the Americans With Disabilities Act, 42 U.S.C. 12131 et seq. and 28 CFR Part 35.

Question A-1:       How does the McKinney-Vento Act help to remove educational barriers for homeless children?

Answer:                The McKinney-Vento Act, as amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB), is the primary Federal law addressing the educational needs of homeless children and youth.  Its major provisions include the following:

• Definition of Homelessness.  The McKinney-Vento Act covers all children and youth who meet its definition of homelessness.  This means those children who “lack a fixed, regular, and adequate nighttime residence.”  42 U.S.C. 11434a(2).  The examples listed in the law include children and youth who:

   

  -     share the housing of other persons due to loss of housing, economic hardship, or a similar reason;

  -     live in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;

  -     live in emergency or transitional shelters;

  -     are abandoned in hospitals;

  -     are awaiting foster care placement;

  -     have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

  -     live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;

  -     are migratory children who otherwise fit the definition of homelessness.

   

• Immediate Enrollment.  Children experiencing homelessness must be able to enroll in school immediately, even if they are unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.  If the child needs to obtain immunizations, or medical or immunization records, the enrolling school must immediately refer the parent or guardian of the child or youth to the designated local educational agency (LEA) liaison, who must assist in obtaining necessary immunizations, or immunization or medical records. 

   

• Comparable Services.  Homeless children must have services available that are comparable to those offered to non-homeless children.  Homeless children with disabilities must have equal access to FAPE under Part B as would be provided to other children with disabilities.  Their ability to participate in special education programs cannot be hindered by homelessness or such related factors as frequent school transfers. 

   

• Supplemental Services.  School districts may receive McKinney-Vento subgrants that can be used to provide supplemental services such as tutoring, expedited evaluations for special education or other services, school supplies, or referrals for health services.^[1]

  See 42 U.S.C. 11433(d).

 Answer:                Part B requires that all eligible children with disabilities have available to them FAPE, including special education and related services designed to meet the particular needs of each child with a disability.  Children with disabilities who are homeless have the same right to FAPE under Part B as non-homeless children with disabilities.  Homeless children with disabilities and their parents are subject to the same IDEA protections and requirements as children with disabilities and their parents who are not homeless.  These requirements include the parental consent, evaluation, and eligibility requirements in 34 CFR §§300.300 through 300.311, the IEP requirements in 34 CFR §§300.320 through 300.324, the least restrictive environment and placement requirements in 34 CFR §§300.114 through 300.117, and the procedural safeguards and due process rights, including the discipline procedures in 34 CFR §§300.500 through 300.536.  Generally, students eligible for services under Part B also are covered by Section 504 and Title II.  One way to meet the free appropriate public education requirements of Section 504 and Title II is by implementing an IEP developed in accordance with Part B of IDEA.  34 CFR §104.33(b)(2).