The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. 20 USC §1232g; 34 CFR Part 99. Specifically, it prohibits a school from disclosing personally identifiable information from students’ education records without the consent of a parent or eligible student, unless an exception to FERPA’s… Read more »
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 »
State and local educational agencies (SEAs and LEAs) must develop, “review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences.” 42… Read more »
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 »
“None of this work can be done without the law. Maybe we need to give liaisons the words. ‘If you think you need more time for this job, here are the parts of McKinney-Vento and ESSA that back you up.’ We can be great homeless education liaisons, but we can’t do this job without the support of… Read more »
This two-page summary of the ESSA provisions was prepared by SchoolHouse Connection.
The is a brief summary of the Title I, Part A, requirements regarding homeless children and youth.
- Download "Dispute Resolution TASB FDC(E)-RRM Aug2016-WORD"
- Download "Dispute Resolution TASB FDC(E)-RRM Aug2016-PDF"
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 »
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 »
This brief guide was prepared by the Texas Department of Family & Protective Services (DFPS).
All schools that maintain a website must post post information on their websites about local programs and services available to assist homeless students.
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.
This is the full text of the 2016 reauthorization of the Elementary and Secondary Education Act of 1965, with amendments, as signed into law.
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 increases resources for homeless students by expanding the availability and use of Title I A funds, and by raising the authorized funding level for the McKinney-Vento Act’s Education for Homeless Children and Youth program.
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.
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, Part A of the Elementary and Secondary Education Act
Reauthorized December 10, 2015 by Title I, Part A of ESSA (Effective After the 2016-2017 School Year)
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 »
Title I Set Asides and Homeless Students: Questions and Answers
This document has been updated to include the provisions in the Every Student Succeeds Act (ESSA). A flowchart and brief narrative summarize provisions for the use of Title I and Title I, Part A, Set‐Asides for services to children and youth experiencing homelessness.
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.
This resource provides a link to the Texas Education Agency website page that outlines the dispute resolution process and timelines for LEAs in Texas. Click here to access the website.
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.
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.
The McKinney-Vento Act summary of changes as reauthorized December 10, 2015 by Title IX, Part A of the Every Student Succeeds Act (Effective July 1, 2016).
This summary provides a brief overview of the key provisions of Subtitle VII-B of the McKinney-Vento Homeless Assistance Act, reauthorized by Title X, Part C, of the No Child Left Behind Act.
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.
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.