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McKinney-Vento Homeless Education

It's the Law

In July of 1987, Congress passed the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77).  This act included several provisions to help homeless individuals.  One component of the Act (Subtitle VII-B) was designed to cause states to assure that homeless children and youth have access to a free and appropriate public education.  The McKinney Act requires that school districts enroll homeless children and youth, even if they are not permanent residents of the school district; provide comparable services to homeless children and youth comparable to those provided to non-homeless children and youth; and maintain the records of homeless children and youth so that records are made available when a child or youth enters a new school.

In November of 1990, the McKinney Homeless Assistance Act was amended by Public Law 101-645.  The amended law requires that states review and revise all laws, regulations, policies, and procedures to ensure that homeless children and youth have access to a free and appropriate public education.  Furthermore, the amended law requires coordination between schools and other social services agencies that serve homeless children and youth and requires states to provide staff development activities that increase the awareness and sensitivity of school personnel to the special educational needs of homeless children and youth.  The amended legislation also authorized a program to provide direct services to homeless children and youth that enable such students to enroll in, attend, and achieve success in school.  This program (described in Section 723 of the McKinney Act) is the source of funds for this application.

In October of 1994, the McKinney Act was reauthorized and amended by the "Improving America's Schools Act of 1994" (Public Law 103-382).  Subtitle B of Title VII of the Stewart B. McKinney Homeless Assistance Act is amended to read as follows:  the Stewart B. McKinney Homeless Assistance Act, Subtitle B-Education for Homeless Children and Youth.  The amended law requires that districts abide by parent's request to enroll a homeless child in a particular school, to the extent feasible; eliminates the focus on remedial education and requires a focus on high-quality academics.  In addition, the law encourages extension of program services to preschool children, allows before and after-school services to be provided on public and private property and requires maintenance of fiscal effort by LEA's.  The law also requires liaisons in districts receiving funds to provide eligible homeless families, children and youth with educational services including Head Start. Even Start and local preschool programs, if available.  It also requires liaisons in districts to coordinate with State and local housing agencies responsible for developing the "Comprehensive Housing Strategies".

In January of 2002, the McKinney-Vento Act was reauthorized and amended under the “No Child Left Behind Act” (Public Law 107-110).  The amended law requires that all LEAs identify a liaison. In addition, the law prohibits separate schools for homeless children and youth requires an LEA (at the request of a parent or guardian) to provide or arrange for transportation to the homeless child’s school of origin and requires that an LEA immediately enroll a homeless student in the student’s school of choice.

Rapid City and Sioux Falls School Districts currently receive McKinney funds to provide tutorial and support services for homeless students.  Both school districts offer summer school programs.

Contacts for the Rapid City McKinney Education Program are Program Director Bob Rose and Project Coordinator Elaine Deloris.  Sioux Falls' McKinney Education Program Coordinator is John Derby and Wendy Giebink is the program's tutor/liaison.

South Dakota's Department of Education wants all children to take advantage of their right to attend school.  Children and youth should register at the public school nearest them even if they're homeless and are living in a mission, shelter or have no home.


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