Laws

THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS

This document provides answers to frequently asked questions on the McKinney-Vento Homeless Assistance Act and the education rights of children and youth in homeless situations, based on the amendments made by the Every Student Succeeds Act of 2015, which takes effect on October 1, 2016. The answers are general responses based on federal statutes, regulations,… Read more »

Title IV, Part A, of ESSA Resources (SSAE)

The Office of Safe and Healthy Students has developed a number of resources regarding the U.S. Department of Education’s recently issued “Non-Regulatory Guidance on the Student Support and Academic Enrichment (SSAE) Grants” (the Guidance). The SSAE program is authorized under Title IV, Part A of ESSA. Click here to access the Guidance: http://www2.ed.gov/policy/elsec/leg/essa/essassaegrantguid10212016.pdf. The SSAE… Read more »

Sample Forms Related to the Dispute Resolution Process under the McKinney-Vento Homeless Assistance Act (from TASB)

This document was developed by the Texas Association of School Boards (TASB), and contains forms and procedures for LEAs related to the dispute of student eligibility for services under the McKinney-Vento homeless education provisions. The document contains two forms: Exhibit A: Dispute of Eligibility, School Selection, or Enrollment Under the McKinney-Vento Homeless Assistance Act—3 pages… Read more »

Education for Homeless Children and Youths Program Non-Regulatory Guidance – July 27, 2016; Updated August 2018

This guidance was issued in July, 2016; updated in August 2018. The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently re-authorized in December 2015 by the… Read more »

TEC 33.906

All schools that maintain a website must post post information on their websites about local programs and services available to assist homeless students.

Transitioning to the Every Student Succeeds Act – Frequently Asked Questions

The Secretary [of Educationi] is offering guidance on transitioning from the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB) to the ESEA, as amended by the ESSA, including actions the U.S. Department of Education (ED) has taken or will take consistent with its authority under section 4(b) of NCLB to the ESSA to support States, LEAs, and schools in this transition. ED has prepared these frequently asked questions (FAQs) to support States and LEAs in understanding expectations during the transition to full implementation of the ESSA.  Updated May 4, 2016.

Statutory Language and Summary, Every Student Succeeds Act (ESSA, 2015)

Statutory Language and Summary on Homelessness and Foster Care in
“The Every Student Succeeds Act of 2015”

This document provides the statutory language of the major amendments on homelessness and foster care in the Every Student Succeeds Act (ESSA). ESSA strengthens and improves the education of over 1.3 million children and youth experiencing homelessness, from early childhood through high school graduation, as well as establishing protections for students in foster care through a statutory vehicle that is separate from the McKinney-Vento Act.

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.

ESSA Foster Care (February 2015) Final

The Education of Children and Youth in Foster Care
In the Reauthorization of the Elementary and Secondary Education Act  (February 2015)

Currently, the McKinney-Vento Act’s Education for Homeless Children and Youth program contains a definition of homeless that includes the phrase “awaiting foster care placement.” States and local school districts must determine which children are considered to be “awaiting foster care placement.”

Title I and Homelessness

The purpose of Title I, Part A of the Elementary and Secondary Education Act (ESEA; 20 U.S.C. § 6301 et seq.) is to provide all children with a fair, equitable, and high-quality education, and to close educational achievement gaps. Title I, Part A is designed to meet the educational needs of low-achieving children in schools… Read more »

ESEA Title I and Homeless Education Guidance Ltr, USDE – August 2015

Letter from the US Department of Education (ESEA) providing information regarding the use of funds under Title I, Part A (Title I) of the Elementary and Secondary Education Act of 1965, as amended (ESEA), to provide services to homeless children and youth. As you know, the Consolidated Appropriations Act, 2014, provided new authority regarding the use of Title I funds for this purpose. The Consolidated and Further Continuing Appropriations Act, 2015, extended this authority to the use of fiscal year (FY) 2015 Title I funds. I am taking this this opportunity to remind you of guidance regarding this authority that the U.S. Department of Education (ED) provided previously (dated July 22, 2014 and titled ”the use of Title I funds to provide services to homeless children and youth,”) and which continues to apply.

Supporting School Reform by Leveraging Federal Funds, USDE July 2015 Letter

The enclosed document highlights specific advantages and flexibilities in schoolwide programs, identifies common misunderstandings about schoolwide programs that may persist in some LEAs and schools, and serves as a resource tool for SEAs, LEAs, and schools. I encourage you to use this document in conjunction with existing guidance, and to circulate this document to your LEAs and schools.

Texas State Plan

The Texas State Plan was prepared as a collaboration between the Texas Education Agency (TEA), the Education Service Center Region 10 (hereinafter referred to as “Region 10”), and the Texas Homeless Education Office (THEO). The activities described herein are the major activities that will be undertaken to meet the requirements of the McKinney-Vento Homeless Education Assistance Improvement Act of 2002. The activities that the TEA, Region 10, and THEO will undertake to meet the requirements of McKinney-Vento are not limited solely to the activities mentioned in the State Plan.

FERPA Disclosure of Student Information Related to Emergencies and Disasters

Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters (June 2010)

The purpose of this guidance is to answer questions that have arisen about the sharing of personally identifiable information from students’ education records to outside parties when responding to emergencies, including natural or man-made disasters. Understanding how, what, and when information can be shared with outside parties is an important part of emergency preparedness.

Retention Schedule for Records of Public School Districts

This schedule establishes mandatory minimum retention periods for records that are associated with Public School Districts. No local government office may dispose of a record listed in this schedule prior to the expiration of its retention period. A records control schedule of a local government may not set a retention period that is less than that established for the record in this schedule. Original paper records may be disposed of prior to the expiration of their minimum retention periods if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under those chapters. Actual disposal of such records by a local government is subject to the policies and procedures of its records management program.