ESSA Timeline: Implementation of the Homelessness and Foster Care Provisions

ESSA, Section 9105(b)(1). In practice, this change means that as of December 10, 2016, children in any stage of foster care proceedings will not be eligible for McKinney-Vento Act protections for “homeless children and youths” by virtue of their involvement in the child welfare system. As of December 10, 2016, children in the child welfare system will be considered permanently housed for the purposes of the McKinney-Vento Act, unless they meet the other elements of the definition of “homeless.” Children and youth who were identified as “awaiting foster care placement” from the first day of the 2016-17 school year until December 9, 2016, will remain eligible for McKinney-Vento services provided to formerly homeless students who are now permanently housed, for the remainder of the 2016-17 school year.

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