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supporting the education of children and youth experiencing homelessness
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legislative resources
The resources below will assist you in understanding and implementing law related to the education of children and youth experiencing homelessness.

View resources for:

McKinney-Vento Homeless Assistance Act
Child Nutrition and WIC Reauthorization Act
Family Educational Rights and Privacy Act (FERPA)
Head Start Act
Individuals with Disabilities Education Act (IDEA)
No Child Left Behind Act (NCLB)
Title I, Part A, of the No Child Left Behind Act
Other: The Legal Glossary: A Crosswalk of Federal Laws and Programs Affecting Children, Youth, and Families Experiencing Homelessness

Read the full text of legislation or Policy Guidance pertaining to the education of children and youth experiencing homelessness:

The McKinney-Vento Homeless Assistance Act
Related legislation and guidance


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McKinney-Vento Homeless Assistance Act

Educational Rights of Children and Youth Experiencing Homelessness

nche webpage icon McKinney-Vento Homeless Assistance Act definition of "homeless"

microsoft word file icon Summary of the McKinney-Vento Homeless Assistance Act
This document, compiled by the National Law Center on Homelessness & Poverty (NLCHP), summarizes the McKinney-Vento Homeless Assistance Act. It includes sections on the history and evolution of the act, a summary of key provisions of each title of the act, recent federal budget appropriations, and sources for additional information.
pdf file icon The 100 Most Frequently Asked Questions on the Education Rights of Children and Youth in Homeless Situations
This document, created collaboratively by the National Association for the Education of Homeless Children and Youth (NAEHCY) and the National Law Center on Homelessness and Poverty (NLCHP), provides answers to 100 frequently asked questions on the McKinney-Vento Homeless Assistance Act and the education rights of children and youth in homeless situations.
microsoft word file icon Download the FAQ document in Microsoft Word format.
pdf file icon Download the FAQ document in PDF format.
microsoft word file icon U.S. Dept. of Education 2006 Report to Congress
This report, submitted to Congress by the U.S. Department of Education, incorporates information received from states about their homeless education programs and the children and youth they serve. It includes a summary of data received from states, information on barriers to the education of homeless children and youth and strategies used by school districts (LEAs) to remove these educational barriers, and a nationwide status report on homeless education.
microsoft word file icon Download the 2006 Report to Congress.
microsoft word file icon Download the 2000 Report to Congress.
external webpage icon U.S. Department of Education Enrollment Guidelines (50K)
This March 8, 2002, entry in the Federal Register lists the guidelines for State and Local Educational Agencies (SEA's/LEA's) for the enrollment of homeless children and youths in U.S. public schools.
pdf file icon Download the guidelines in PDF format.
external webpage icon View the guidelines in HTML format.


Child Nutrition and WIC Reauthorization Act of 2004

external webpage icon Child Nutrition Programs Reauthorization Center
This site, hosted by the Food Research and Action Center, provides numerous resources for understanding, implementing, and spreading awareness about the Child Nutrition and WIC Reauthorization Act of 2004. Specific resources for serving migrant, homeless, and runaway children and youth are included.
pdf file icon Federal Resources for Feeding Homeless Children and Youth
This 2-page brief from the Food Research and Action Center provides a concise and easily-understandable summary of the main points of the Child Nutrition and WIC Reauthorization Act of 2004 as they pertain to homeless, migrant, and runaway students. Topics include: automatic eligibility for free school Meals, documentation of free meal eligibility, full year school eligibility, federal nutrition funds for shelters serving children and youth, and food stamps and homeless children and youth.
USDA memos on the Child Nutrition and WIC Reauthorization Act of 2004
The Child Nutrition and WIC Reauthorization Act of 2004 (P.L. 108-265) expands federal child nutrition programs in several ways to assist homeless, migrant, and runaway children and youth by providing:
  • Automatic eligibility for free school meals
  • Streamlined procedures for documenting eligibility
  • Full school year eligibility for free school meals
  • Federal nutrition funds for shelters that serve children and youth up to age 18
See USDA Memo SP3 (Jul 7, 2004), which establishes a household's full school year eligibility for free or reduced price meals.
pdf file icon See USDA Memo SP4 (Jul 19, 2004), which establishes the categorical eligibility of homeless, migrant, and runaway children and youth, and provides instructions for documenting the eligibility of homeless children and youth served under the McKinney-Vento Homeless Assistance Act.
pdf file icon See USDA Categorial Eligibility for Free Lunches and Breakfasts for Migrant Children Memo (Aug 16, 2004), which establishes the categorical eligibility of migrant students, provides instructions for documenting migrant students' eligibility, and explains the free meal program's full school year eligibility concept.
pdf file icon See USDA Guidance on Determining Categorical Eligibility for Free Lunches and Breakfasts for Youth Served under the Runaway and Homeless Youth Act Memo (Sept 17. 2004), which establishes the categorical eligibility of runaway youth served through grant programs established under the Runaway and Homeless Youth Act, and provides instructions for documenting the eligibility of youth served under the Act.
Related memo
pdf file icon See Updated Guidance for Homeless Children in the School Nutrition Programs (April 4, 2002), which initially established the guidelines for providing documentation of a student's homeless status for the purpose of receiving free school meals.



Family Educational Rights Privacy Act (FERPA)

external webpage icon FERPA and Homeless Students: Understanding and Applying the Law
This publication from the National Law Center on Homelessness and Poverty is designed for educators who want to know more about the Family Educational Rights and Privacy Act, a federal law governing the transfer of, and parental access to, education records. The document provides an overview of the law and explains how its provisions impact homeless children and youth.
external webpage icon Forum Guide to the Privacy of Student Information: A Resource for Schools
This guide from the National Center for Education Statistics (NCES) was written to help school and local education agency staff to better understand and apply FERPA, a federal law that protects privacy interests of parents and students in student education records.


Head Start Act

pdf file icon Head Start Bureau 1992 Memo on Serving Homeless Preschoolers (257K)
The Head Start Bureau, of the U.S. Department of Health and Human Services, added homeless preschoolers as a targeted population to be served in Head Start preschool programs. Background information on homelessness and its impact on young children, as well as implementation guidance can be found in this 1992 Information Memorandum (Log Number: ACF-IM-92-12).


Individuals with Disabilities Education Act (IDEA)

external webpage icon Building the Legacy: A Training Curriculum on IDEA 2004
The Building the Legacy training curriculum was produced by the National Dissemination Center for Children with Disabilities at the request of the Office of Special Education Programs (OSEP) at the U.S. Department of Education. The curriculum is intended to assist in understanding and implementation of the IDEA 2004 Part B regulations.
pdf file icon Comparison of IDEA ’97 to H.R. 1350 as Passed by Congress
This November 2004 report, compiled by the National Association of State Directors of Special Education (NASDSE), provides a comparison of some of the principal provisions of the reauthorized IDEA to those of its 1997 predecessor.
microsoft word file icon IDEA 2004: A Summary of Provisions on Homeless and Foster Children and Youth
This report, authored jointly by the National Association for the Education of Homeless Children and Youth (NAEHCY) and the American Bar Association's Center on Children and the Law (ABACCL), summarizes new provisions in the 2004 reauthorization of IDEA that relate to the education of homeless and foster children and youth.
external webpage icon National Center for Learning Disabilities (NCLD) IDEA Parent Guide
This guide to the Individuals with Disabilities Education Act (IDEA) seeks to inform parents of children with learning disabilities so that they can partner effectively with school personnel in supporting their children's special learning and behavioral needs. Although the guide is geared to parents, its accessible language makes it a valuable tool for anyone wanting to understand more about IDEA.


No Child Left Behind Act (NCLB)

pdf file icon Making NCLB Work for Children Who Struggle to Learn: A Parent's Guide
Published by the National Center for Learning Disabilities and Schwab Learning, this free publication addresses the special issues, challenges and opportunities facing parents of children who struggle to learn. It introduces parents to several key parts of NCLB that they can use as tools to improve educational services for their child.
external webpage icon NCLB Desktop Reference
This tool explains the purpose and key requirements of each title of NCLB.
external webpage icon NCLB Executive Summary
This summary gives an overview of NCLB, highlighting issues such as accountability, parent and student choice, flexibility for states, districts, and schools, NCLB's focus on reading, and other major changes to educational law included in NCLB.
external webpage icon NCLB homepage
This website includes resources for teachers and parents, a NCLB legislative index by subject, and policy guidance on NCLB topics such as parent involvement, highly qualified teachers, and supplemental services.


Title I, Part A, of the No Child Left Behind Act

There are currently no Title I, Part A, legislative resources available.


Other


pdf file icon The Legal Glossary: A Crosswalk of Federal Laws and Programs Affecting Children, Youth, and Families Experiencing Homelessness
This glossary is a basic guide to the principal federal laws and programs that affect children, youth, and families experiencing homelessness. It is designed to provide local homeless education liaisons and state coordinators for homeless education with a straightforward overview of federal programs for homeless children and youth. Although it provides only basic information on each law and program, it can assist local liaisons and state coordinators in their efforts to collaborate with other agencies and provide comprehensive services to homeless children and youth.


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The National Center for Homeless Education (NCHE) is associated with The SERVE Center at the University of North Carolina at Greensboro.


The content of this publication does not necessarily reflect the views or policies of the U.S. Department of Education, the University of North Carolina at Greensboro, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. This website was produced with funding from the U.S. Department of Education, on contract no. ED-01-CO-0092/0001.
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