Policy/Guidance

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 »

UNDERSTANDING YOUTH RIGHTS: Helping Providers Navigate the Laws and Policies Affecting Unaccompanied Homeless Youth

The laws about runaway, homeless, or unaccompanied youth can seem to be confusing and vague. While physically apart from their parent or guardian, homeless youth lack certain rights that can lead to confusion about legal issues of consent, eligibility for emancipation, parents’ rights, accessing shelter, public education, health care, and public benefits. Recognizing these challenges,… 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 »

Non-Regulatory Guidance on Ensuring Educational Stability for Children in Foster Care

http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf The U.S. Departments of Education and Health and Human Services has released Non-Regulatory Guidance on Ensuring Educational Stability for Children in Foster Care. In December 2015, Congress passed the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA), and built on the many recent legislative successes and… Read more »

2017-2018 Letter from TEA’s Chief Legal Counsel on School Attendance, Admission, Enrollment Records, and Tuition

This letter summarizes important statutes relating to student attendance, public school admission, enrollment records, and tuition. Part I of the letter relates to compulsory attendance, Part II relates to attendance for course credit, Part III relates to public school admission, Part IV relates to enrollment records, and Part V relates to tuition. In each part,… Read more »

ARCHIVED Letters from TEA’s Chief Legal Counsel on School Attendance, Admission, Enrollment Records, and Tuition

These letters summarize important statutes relating to student attendance, public school admission, enrollment records, and tuition. Part I of the letters relate to compulsory attendance, Part II relates to attendance for course credit, Part III relates to public school admission, Part IV relates to enrollment records, and Part V relates to tuition. In each part,… Read more »

Supporting Whole-Family Approaches to Housing Stability and Economic Mobility: The Role of Housing and Homelessness Providers

Home, Together, the federal strategic plan to prevent and end homelessness, focuses on strategies to ensure that homelessness is a rare, brief, and one-time experience. In order to achieve that goal, national, state, and local partners must work across sectors to build a coordinated community response that addresses the strengths and needs of individuals and… 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.

What LEA Administrators Must Know

This brief outlines administrator responsibilities related to the homeless liaison duties.

Federal law requires every LEA (school district and charter school) to appoint a local homeless education liaison. Local liaisons are LEA staff members responsible for ensuring the identification, school enrollment, attendance, and opportunities for academic success of students in homeless situations. Some of these activities may be accomplished by the local liaison himself or herself; others are accomplished by coordinating efforts with other staff people. By linking students and their families to school and community services, local liaisons play a critical role in stabilizing students and promoting academic achievement at the individual, school, and district level.

Local Homeless Liaisons for School Districts: Making the Right Selection and Supporting their Effectiveness

This brief will assist school district administrators in
1. Understanding key qualifications necessary for a local liaison to carry out the many and complex responsibilities of the position;
2. Selecting a local liaison who has the experience, knowledge, skills, and attitude to perform effectively in the position; and
3. Ensuring the local liaison has the time, authority, and support to carry out his or her responsibilities.

Local Homeless Education Liaisions

Local homeless education liaisons are Local Educational Agency (LEA) staff responsible for ensuring the identification, school enrollment, attendance, and opportunities for academic success of students in homeless situations. Some of these activities may be performed by the local liaison himself or herself, while others are accomplished by coordinating the efforts of other staff. National evaluations have found that local liaisons are an important factor contributing to the success of a school district’s homeless education program; therefore, the McKinney-Vento Act now requires every LEA to appoint a local homeless education liaison and specifies his or her legal responsibilities. Local liaisons play a critical role in stabilizing students and promoting academic achievement at the individual, school, and district level.

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.

The Educational Rights of Children and Youth Experiencing Homelessness: What Service Providers Need to Know

McKinney-Vento Law Into Practice Brief Series
The Educational Rights of Children and Youth Experiencing Homelessness:
What Service Providers Need to Know

It is important for service providers to pay specific attention to the McKinney-Vento education subtitle’s definition of homeless, as this definition includes certain types of living arrangements that other federal laws omit. For instance, families living doubled-up or in motels or hotels are considered eligibile for services under the Act, while these same populations are not considered eligible under some other federal laws dealing with the issue of homelessness.

Campus Self-Assessment Guide for the Education of Students in Highly Mobile and Homeless Situations

This guide was developed with the philosophy that schools can make a difference. Schools can provide a stabilizing environment, a haven from the chaos of homelessness. Schools can provide the quality of educational experience to empower students in homeless situations to break the cycles of poverty, dependency, and homelessness. Schools can provide a critical link between the community and children without homes and their families.  Children and youth in homeless situations are indeed educable and very capable of positively contributing to the betterment of our society. This guide helps schools answer the questions: What can we do to help children and youth in highly mobile and homeless situations? How can we help children and youth without homes learn?

Draft Guidance for the Implementation of Title X, Part C, McKinney-Vento Homeless Education Assistance Improvements Act

In the Texas state plan under Title X, Part C—McKinney-Vento Homeless Education Assistance Improvements Act (McKinney-Vento), Texas included the following assurances. These assurances result in new requirements for ALL LEAs in the areas of 1) policies and practices, 2) personnel, and 3) transportation for youth who are homeless.

Checklist for Local Educational Agency (LEA) Services to Children and Youth in Homeless and Highly Mobile Situations

Services to homeless children are required by all Local Educational Agencies (LEAs) in the No Child Left Behind Act, and are primarily found under the requirements of the McKinney-Vento Homeless Education Assistance Act of 2001 (Title X, Part C No Child Left Behind Act) and under Title I. The minimal requirements for services to homeless children and youth from both of these sections of the law are included in this checklist. LEAs receiving Title I, Part A funds for any fiscal year must have a Homeless Education Plan with a description of the services the LEA will provide homeless children, including the services provided with funds reserved under Title I, Part A Sec. 1113.

TEA Legal Annual Letter – Re: Attendance, Admission, Enrollment Records, and Tuition

TEA’s Chief Legal Counsel updates this letter every year and releases it just  prior to the start of the school year.  This “to the administrator addressed” letter summarizes important statutes relating to student attendance, public school admission, enrollment records, and tuition. Part I of the letter relates to compulsory attendance, Part II relates to attendance… Read more »

Educating Homeless Children and Youth: The Guide To Their Rights

Lawyers Working To End Homelessness

The National Law Center on Homelessness & Poverty (NLCHP) is the only national legal advocacy organization dedicated to ending and preventing homelessness. Our attorneys go into courtrooms and the halls of our leg- islatures to protect the needs of society’s most vulnerable members.

Through impact litigation, policy advocacy, and public education we ad- dress the root causes of homelessness at the local, state, and national levels.

Despite McKinney-Vento, homeless children and youth sometimes need help enrolling and participating in school. Various individuals can, and should, step forward to provide assistance. Parents, relatives, family friends, school and school district personnel, shelter providers, youth program workers, social workers, advocates, and the students themselves can all play a role in helping young people get an education. If you are such a person, this booklet will get you started.