IMMEDIATE SCHOOL ENROLLMENT
- Students experiencing homelessness have the right to enroll in school immediately, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, birth certificates, or other documentation [42 U.S.C. § 11432(g)(3)(C)(i)(I); Cal. Educ. Code § 48850(a)(3)(A); Cal. Educ. Code § 48852.7(c)(3)].
- Students experiencing homelessness are entitled to enroll in school immediately, even if the child or youth has missed application or enrollment deadlines during any period of homelessness [42 U.S.C. § 11432(g)(3)(C)(i)(II)].
- Students experiencing homelessness are entitled to enroll in school immediately, even if the child or youth is not under the physical custody of a parent or guardian [42 U.S.C. § 11432(g)(1)(H)].
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SCHOOL SELECTION AND STABILITY
- Students experiencing homelessness, according to each student’s best interest, have the right to
- continue attending the same school (the school of origin; see Defining Key Terms below for more information on defining school of origin) for the duration of homelessness in any case in which the student becomes homeless between academic years or during an academic year and for the remainder of the academic year if the child or youth becomes permanently housed during an academic year [42 U.S.C. § 11432 (g)(3)(A)(i); Cal. Educ. Code § 48852.7], or
- enroll in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend (the local school) [42 U.S.C. § 11432(g)(3)(A)(ii)].
- If the student experiencing homelessness becomes permanently housed before the end of the academic year and the student is in high school, the local educational agency (LEA) shall allow the formerly homeless student to continue his or her education in the school of origin through graduation [Cal. Educ. Code § 48852.7(b)]. (See the School of origin transportation section below for related transportation provisions.)
- In determining best interest related to a student’s school selection, LEAs must
- presume that keeping the student in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth [42 U.S.C. § 11432(g)(3)(B)(i)]; and
- consider student-centered factors related to the student’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child's or youth's parent or guardian or (in the case of an unaccompanied youth) the youth [42 U.S.C. § 11432(g)(3)(B)(i)].
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School Of Origin Transportation
- Students experiencing homelessness have the right to receive transportation to and from the school of origin at the request of the parent or guardian (or in the case of an unaccompanied youth, the LEA homeless liaison) [42 U.S.C. § 11432(g)(1)(J)(iii); Cal. Educ. Code § 48852.7(e)(1)].
- In instances where a student continues attending the school of origin in high school after becoming permanently housed, the LEA must provide school of origin transportation until the end of the academic year in which the student becomes permanently housed as required by the McKinney-Vento Act, but is not required to continue providing school of origin transportation in future school years during which the student remains permanently housed [Cal. Educ. Code § 48852.7(e)(3)].
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Dispute Resolution
- Students experiencing homelessness are entitled to dispute school decisions related to McKinney-Vento eligibility, school selection, or school enrollment [42 U.S.C. § 11432(g)(3)(E); Cal. Educ. Code § 48852.7(e)(1)].
- Disputes may be initiated by the student’s parent or guardian or, in the case of an unaccompanied youth, by the youth [42 U.S.C. § 11432(g)(3)(E); Cal. Educ. Code § 48852.7(e)(1)].
- Students experiencing homelessness have the right to immediate enrollment in the school in which enrollment is sought (whether the local school or school of origin) pending final resolution of the dispute, including all available appeals [42 U.S.C. § 11432(g)(3)(E)(i); Cal. Educ. Code § 48852.7(e)(1)].
- In instances of a dispute, parents, guardians, and unaccompanied youth must be provided with a written explanation of any dispute-related decisions made by the LEA or state educational agency (SEA), including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions [42 U.S.C. § 11432(g)(3)(E)(ii); Cal. Educ. Code § 48852.7(e)(1)].
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Credit Accrual Support
- Students experiencing homelessness have the right to be issued full or partial credit for all full or partial coursework satisfactorily completed while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school; this credit shall be issued by the LEA attended while taking said coursework and must be accepted by new LEAs [42 U.S.C. § 11432(g)(1)(F)(ii); Cal. Educ. Code § 51225.2(b)].
- In instances of the awarding of partial credit, students experiencing homelessness have the right to enroll in the same or equivalent course, if applicable, so that the student may continue and complete the entire course [Cal. Educ. Code § 51225.2(d)].
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Expanded High School Graduation Options
- Students experiencing homelessness who have transferred schools any time after the completion of their second year of high school have access to expanded options for high school graduation, including
- graduating in four years by meeting statewide graduation requirements only while being exempted from additional LEA requirements,
- graduating in five years by meeting statewide and additional LEA graduation requirements, or
- graduating in five years by meeting statewide graduation requirements only while being exempted from additional LEA requirements (Cal. Educ. Code § 51225.1).
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Higher education preparation and readiness assistance
- Students experiencing homelessness have the right to receive college preparation and readiness assistance from school counselors, including receiving information and individualized counseling regarding college readiness, college selection, the application process, financial aid, and the availability of on-campus supports (42 U.S.C. § 11432(g)(1)(K); U.S. Department of Education Guidance, Question Q-1).
- Unaccompanied youth have the right to receive documentation of their status as independent students on the Free Application for Federal Student Aid (FAFSA) from the LEA homeless liaison [42 U.S.C. § 11432(g)(6)(A)(x)(III)].
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Participation in extracurricular activities
- Students experiencing homelessness have the right to participate fully in school, including in extracurricular activities [42 U.S.C. § 11432(g)(1)(F)(iii); 42 U.S.C. § 11434a(1)].
- Students experiencing homelessness have the right to receive transportation to and from school-administered extracurricular activities in instances where lack of access to transportation would create a barrier to extracurricular participation (U.S. Department of Education Guidance, Question J-11).
- Students experiencing homelessness must be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities [Cal. Educ. Code § 48850(a)(2)].
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Referrals to community-based services
- Students experiencing homelessness have the right to receive referrals from the local liaison to needed community-based supports, including health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services (42 U.S.C. § 11432(g)(6)(A)(iv); Cal. Educ. Code § 48851.5).
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Title I, Part A Services
- Students experiencing homelessness are automatically eligible for Title I services, whether or not they live in a Title I school attendance area or meet the academic standards required of other students for eligibility [20 U.S.C. § 6315(c)(2)(E); U.S. Department of Education Guidance, Question M-1].
- Students experiencing homelessness may be served in Title I schoolwide programs, in targeted assistance programs, or using homeless set-aside funds. The homeless set-aside refers to the funds LEAs are required to reserve “off the top” of their LEA’s Title I allocation specifically for meeting the needs of children and youth experiencing homelessness [20 U.S.C. § 6313(c)(3)(A)(1)].
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Free School Meals
- Students experiencing homelessness are considered automatically eligible for free school breakfast and lunch without the need for further application or eligibility determination [42 U.S.C. § 1758(b)(12)(A)(iv)].
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Special Education Services
- Students experiencing homelessness who have special education needs have the right to receive a free appropriate public education in the least restrictive environment, being educated with nondisabled students to the maximum extent appropriate (20 U.S.C. § 1412(a)(5)(A); Ca. Educ. Code § 56040.1). This includes consideration for the student’s best interest in terms of school selection and stability, and continuity of services when enrolling in a new LEA.
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Comparable Services
- Students experiencing homelessness have the right to be provided with services comparable to those offered to other students attending the same school, including
- transportation services;
- educational services for which the child or youth meets the eligibility criteria, including Title I (or similar state or local programs), educational programs for children with disabilities, and educational programs for English learners;
- programs in career and technical education;
- programs for gifted and talented students; and
- school nutrition programs [42 U.S.C. § 11432(g)(4)].
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