Legislative Information

Children and Youth Experiencing Homelessness Have the Right to a Free, Appropriate Public Education

The McKinney-Vento Homeless Assistance Act was reauthorized by Congress as Title X, Part C of the No Child Left Behind Act, H.R. 1 (Public Law 107-110) and became effective July 1, 2002. The purpose of the law is to close the achievement gap with accountability, flexibility, and choice so that no child is left behind.

• Access the full legislation of P.L. 107-110, No Child Left Behind Act.
  The McKinney-Vento Act is Title X, Part C.
• Virginia Acts of Assembly 2004 Chapter 500 of Virginia code: An Act to amend and reenact §§ 22.1-3, 22.1-3.1, 22.1-4.1, 22.1-270, and 22.1-271.2 of the Code of Virginia, relating to enrollment of certain children in public schools. These changes align Virginia code with the McKinney-Vento Act.

Early Childhood Education

• The Improving Head Start for School Readiness Act of 2007 was signed into law December 12, 2007. Download a summary [pdf] of the homelessness and foster care-related amendments in the final Head Start bill (Compiled by Barbara Duffield, Policy Director, NAEHCY).

Foster Care

•  Virginia Acts of Assembly 2005 Chapter 343 of Virginia code [pdf]: An Act to amend and reenact §§ 22.1-289 and 63.2-900 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-3.4, relating to school enrollment of children placed in foster care.
• Guidance on Implementing Chapter 343 (SB1006): Superintendent's Memo #125, June 24, 2005, School Enrollment of Foster Care Children
• Superintendent's Memo #43, September 21, 2007, Education of Children in Foster Care - Fiscal Year 2008 Reimbursement of Fiscal Year 2007 Local Costs

Nutrition

• The Child Nutrition and WIC Reauthorization Act 2004 (P.L. 108-265) [pdf] provides categorical eligibility to students who meet the federal definition of homeless, runaway, or migrant.
• Guidance on implementing Child Nutrition Act Superintendent's Memo #8, September 24, 2004, Implementation of the Child Nutrition and WIC Reauthorization Act of 2004
• Regularly updated resources and guidance for implementing the Child Nutrition and WIC Reauthorization Act of 2004 from the Food Research and Action Center.

Further Resources

• Federal Educational Rights and Privacy Act (FERPA): This link leads to regulation and guidance resources at the US Department of Education (ED).

Issue Briefs, Guides to Services and Training Resources

The National Center for Homeless Education, in collaboration with the National Association for the Education of Homeless Children and Youth and the National Law Center on Homelessness and Poverty, produces guides and training resources to assist school divisions in implementing McKinney-Vento and for developing and evaluating quality programs for students experiencing homelessness. Some materials you will find on their web site are:

• A McKinney-Vento Toolbox: Constructing a Robust and Rigorous Homeless Education Program, In Case of Disaster and Every Day
  This toolbox is designed to help school districts implement the McKinney-Vento Act fully, so they can address the needs of children and youth experiencing homelessness on a daily basis and in times of disaster.
• Homeless Education Issue Briefs: in-depth focus on selected issues, such as:
  • Best Practices in Homeless Education series
  • Connecting Schools and Displaced Students series
  • McKinney-Vento Law Into Practice series
• Resolution of the National Association of State Directors of Pupil Transportation Services [pdf]
  The National Association for the Education of Homeless Children and Youth website contains information on the McKinney-Vento Act and other legislation that affects educational policy and services for students experiencing homelessness. The site includes resources for advocates, teachers, service providers, and administrators.

The U.S. Department of Education provides many resources for understanding and implementing the No Child Left Behind Act

• U.S. Department of Education
  This site is the best source for resources and guidance, as well as many free publications produced throughout the year.
• Draft Non-Regulatory Guidelines McKinney-Vento (July 2004) [pdf]
• No Child Left Behind
  The U.S. Department of Education's No Child Left Behind web site includes fact sheets, question/answer sheets, parent tool kits, glossary of terms, an overview of the legislation, and other useful information designed for parents and the public.
• Policy Guidance from the US Department of Education

For more information on federal legislation, policy, departmental guidance, or for other national resources, visit our Resources page.