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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. |