[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10697-10701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5737]


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DEPARTMENT OF EDUCATION


McKinney-Vento Education for Homeless Children and Youths Program

AGENCY: Department of Education, Office of Elementary and Secondary 
Education.

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ACTION: Notice of school enrollment guidelines.

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SUMMARY: The Secretary issues guidelines on the enrollment of homeless 
children and youth in schools. The Secretary takes this action under 
the McKinney-Vento Homeless Assistance Act. These guidelines are 
designed to help States expedite the school enrollment of homeless 
children and youth.

School Enrollment Guidelines

I. Background

    Section 724(g) of the McKinney-Vento Homeless Assistance Act 
(McKinney-Vento Act), as reauthorized by the No Child Left Behind Act 
of 2001 (NCLB) (Pub. L. 107-110), requires the Secretary of Education 
(Secretary) to develop, issue, and publish in the Federal Register, no 
later than 60 days after the date of enactment of the NCLB, school 
enrollment guidelines that describe (1) successful ways that a State 
can assist local educational agencies (LEAs) in immediately enrolling 
homeless children and youth in school; and (2) how a State can review 
its requirements regarding immunization and medical or school records 
and make whatever revisions are appropriate and necessary to 
immediately enroll homeless children and youth in school.
    Under the McKinney-Vento Homeless Children and Youths Program, 
State educational agencies (SEAs) must ensure that homeless children 
and youth have equal access to the same free public education, 
including a public preschool education, as is provided to other 
children and youth. States must review and undertake steps to revise 
any laws, regulations, practices, or policies that may act as barriers 
to the enrollment, attendance, or success in school of homeless 
children and youth.
    School districts and schools may not separate homeless students 
from the mainstream school environment on the basis of their 
homelessness. Homeless students must also have access to the education 
and other services that they need to have an opportunity to meet the 
same challenging State academic achievement standards to which all 
students are held. (Congressional Statement of Policy in section 721 of 
the McKinney-Vento Act.)
    In their reports to the Department under the McKinney-Vento 
program, many States indicated that they have made progress in 
addressing school enrollment barriers faced by homeless students. 
However, these States acknowledged that lack of transportation, 
immunization requirements, lack of school records, and other problems 
continue to cause enrollment difficulties. The guidelines in this 
notice provide examples of successful or promising enrollment practices 
based on our review of national studies and evaluations and our 
analysis of reports describing effective enrollment strategies.

II. Definitions

    Section 725 of the McKinney-Vento Act defines the following terms:
    (a) Homeless children and youth means individuals who lack a fixed, 
regular, and adequate nighttime residence. The term includes--
    (1) Children and youth who are sharing the housing of other persons 
due to loss of housing, economic hardship, or a similar reason; are 
living in motels, hotels, trailer parks, or camping grounds due to the 
lack of alternative adequate accommodations; are living in emergency or 
transitional shelters; are abandoned in hospitals; or are awaiting 
foster care placement;
    (2) Children and youth who have a primary nighttime residence that 
is a public or private place not designed for or ordinarily used as a 
regular sleeping accommodation for human beings;
    (3) Children and youth who are living in cars, parks, public 
spaces, abandoned buildings, substandard housing, bus or train 
stations, or similar settings; and
    (4) Migratory children (as defined in section 1309 of the 
Elementary and Secondary Education Act of 1965, as amended) who qualify 
as homeless because they are living in circumstances described in this 
definition.
    (b) Enroll and enrollment include attending classes and 
participating fully in school activities.
    (c) Unaccompanied youth includes a youth not in the physical 
custody of a parent or guardian.

III. Statutory Enrollment Provisions

(A) State Responsibilities Regarding Enrollment

    The McKinney-Vento Act requires States to implement a number of 
measures to eliminate enrollment barriers faced by homeless children 
and youth. These measures include the following:
(1) Developing Strategies To Overcome Enrollment Delays Resulting From 
a Lack of Records and Other Issues
    Each SEA must prepare a State plan that describes, among other 
things, the State's strategies for addressing problems resulting from 
enrollment delays that are caused by immunization and medical records 
requirements; residency requirements; lack of birth certificates, 
school records, or other documentation; guardianship issues; and 
uniform or dress code requirements. (Section 722(g)(1)(H)) The plan 
must demonstrate that the SEA and LEAs in the State have developed, and 
will review and revise, policies to remove barriers to the enrollment 
and retention of homeless children and youth in school. (Section 
722(g)(1)(I))
(2) Prohibiting the Segregation of Homeless Children and Youth
    The State plan must contain assurances that the SEA and LEAs in the 
State will adopt policies and practices to ensure that homeless 
children and youth are not stigmatized or isolated on the basis of 
their status as homeless. (Section 722(g)(1)(J)(i))
    There is a limited exception in section 722(e)(3) to the 
prohibition against segregating homeless students that applies only to 
schools in four ``covered counties''--San Joaquin County, CA; Orange 
County, CA; San Diego County, CA; and Maricopa County, AZ--if certain 
statutory conditions are met. The Secretary may issue separate 
instructions concerning this exception to the affected LEAs and to the 
two States in which they are located.
(3) Assisting LEA Liaisons
    In its plan, an SEA must assure that every LEA in the State will 
designate an appropriate staff person to serve as a liaison for 
homeless children and youth (Section 722(g)(1)(J)(ii)). The liaison 
will help ensure that homeless children and youth enroll in, and have a 
full opportunity to succeed in, schools of that LEA. (Section 
722(g)(6)(A))
    The Coordinator for Education of Homeless Children and Youth in 
each State must, among other things, provide technical assistance to 
LEA liaisons to ensure that LEAs comply with the legislative 
requirements, including student enrollment requirements. (Section 
722(f)(6))
(4) Addressing Transportation Barriers
    In its plan, an SEA must assure that the State and its LEAs will 
adopt practices and policies to ensure that LEAs provide or arrange for 
the transportation of homeless children and youth, at the request of 
the parent or guardian--or, in the case of an unaccompanied youth, the 
liaison--to and from the homeless child's or youth's school of origin. 
(Section 722(g)(1)((J)(iii)) The McKinney-Vento Act defines ``school of 
origin'' as the school that the child or youth attended when 
permanently housed or the school in which the child or youth was last 
enrolled. (Section 722(g)(3)(G)) (The

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transportation provisions are discussed in greater detail in 
(III)(b)(6) of the enrollment guidelines in this notice.)

(B) LEA Responsibilities Regarding Enrollment

    The McKinney-Vento Act also requires LEAs to implement a number of 
measures to eliminate enrollment barriers faced by homeless children 
and youth. These measures include the following:
(1) Making School Placement Determinations on the Basis of the Best 
Interest of the Child
    Homeless children and youth frequently move, so maintaining a 
stable school environment is critical to their success in school. To 
ensure this stability, the legislation requires that LEAs make school 
placement determinations on the basis of the ``best interest'' of the 
homeless child or youth. (Section 722(g)(3)(A))
    In making a placement determination, an LEA must, according to the 
child's or youth's best interest--
    (a) Continue the child's or youth's education in the school of 
origin--
    (i) For the duration of homelessness if a family becomes homeless 
between academic years or during an academic year; or
    (ii) For the remainder of the academic year if the child or youth 
obtains permanent housing during an academic year; or
    (b) Enroll the child or youth in any public school that non-
homeless students who live in the attendance area in which the child or 
youth is actually living are eligible to attend.
    In determining best interest, an LEA must, to the extent feasible, 
keep a homeless child or youth in the school of origin, unless doing so 
is contrary to the wishes of the child's or youth's parent or guardian. 
(Section 722(g)(3)(B)(i)) If an LEA sends a homeless child or youth to 
a school other than the school of origin or a school requested by the 
parent or guardian, the LEA must provide a written explanation of its 
decision to the parent or guardian, together with a statement regarding 
the right to appeal the placement decision. (Section 722(g)(3)(B)(ii)) 
Similar provisions apply to an LEA's placement of an unaccompanied 
youth. (Section 722(g)(3)(B)(iii))
(2) Immediately Enrolling Homeless Children and Youth and Providing 
Assistance With Obtaining Records
    A school that an LEA selects on the basis of the best interest 
determination must immediately enroll the homeless child or youth, even 
if the child or youth is unable to produce records normally required 
for enrollment (such as previous academic records, medical records, 
proof of residency, or other documentation). (Section 722(g)(3)(C)(i))
    The enrolling school must immediately contact the school last 
attended by the child or youth to obtain relevant academic or other 
records. (Section 722(g)(3)(C)(ii)) If a child or youth needs to obtain 
immunizations, or immunization or medical records, the enrolling school 
must immediately refer the parent or guardian to the LEA homeless 
liaison, who must assist in obtaining the immunizations or records. 
(Section 722(g)(3)(C)(iii)
    Any record ordinarily kept by a school regarding each homeless 
child or youth must be maintained so that it is available in a timely 
fashion when the child enters a new school or school district. (Section 
722(g)(3)(D))
(3) Handling Enrollment Disputes
    If a dispute arises between a school district and parents or 
guardians over school selection or enrollment, the LEA must immediately 
enroll the child or youth in the school in which the parent or guardian 
seeks enrollment, pending resolution of the dispute. (Section 
722(g)(3)(E)(i)) The LEA must provide to the parent or guardian a 
written statement of the school placement decision and the appeal 
rights. (Section 722(g)(3)(E)(ii)) The LEA must refer the child, youth, 
parent, or guardian to the LEA liaison, who must expeditiously carry 
out the dispute resolution process described in the State plan. 
(Section 722(g)(3)(E)(iii)) Similar protections apply to unaccompanied 
youth. (Section 722(g)(3)(E)(iv))
(4) Prohibiting the Segregation of Homeless Children and Youth
    An LEA may not educate homeless children and youth in settings in 
which they are segregated from non-homeless students, but must 
mainstream them into the regular school environment. (Section 
722(g)(1)(J)(i)) LEAs may segregate homeless students from other 
students only as necessary for short periods of time (a) for health or 
safety emergencies, or (b) to provide temporary, special, and 
supplementary services to meet the unique needs of homeless students. 
(Section 723(a)(2)(B)(ii)) Thus, LEAs may not maintain segregated 
schools or facilities for homeless children and youth.
    As noted previously, the Secretary may issue separate guidance for 
the LEAs in the four ``covered counties'' to which a limited exception 
to this fundamental principle applies and to the two States in which 
they are located.
(5) Designating an LEA Liaison
    Every LEA in States receiving funds under the McKinney-Vento Act 
must designate an LEA liaison. (Section 722(g)(1)(J)(ii)) The 
responsibilities of the liaison include ensuring that--
    (a) Children and youth experiencing homelessness enroll in, and 
have a full and equal opportunity to succeed in, schools of that LEA;
    (b) The LEA informs the parents or guardians of homeless children 
and youth of the educational and related opportunities available to 
their children and provides them with meaningful opportunities to 
participate in the education of their children;
    (c) The LEA disseminates public notice of the educational rights of 
homeless children and youth in places in which these children receive 
services under the McKinney-Vento Act;
    (d) The LEA properly mediates enrollment disputes; and
    (e) The LEA informs the parent or guardian of a homeless child or 
youth, and any unaccompanied youth, of the transportation services that 
the LEA must make available, and assists the child or youth in 
accessing transportation to school. (Section 722(g)(6))
(6) Providing Transportation
    The McKinney-Vento Act places new transportation responsibilities 
on SEAs and LEAs. (Section 722(g)(1)(J)(iii)) As noted previously, SEAs 
and LEAs must adopt practices and policies to ensure that LEAs provide 
or arrange for the transportation of homeless children and youth, at 
the request of the parent or guardian--or, in the case of an 
unaccompanied youth, the liaison--to and from the homeless child's or 
youth's school of origin.
    If a homeless student continues to live in an area served by the 
LEA in which the school of origin is located, the LEA must provide or 
arrange for transportation of the student to and from the school of 
origin.
    If the homeless student is no longer living in the area served by 
the LEA of origin but is continuing his or her education in the school 
of origin, the LEA of origin and the LEA in which the homeless student 
is living must agree on a method to apportion the responsibility and 
costs for providing the child with transportation to and from the 
school of origin.
    If the LEAs cannot agree on a method, the costs for transportation 
must be shared equally.

IV. Effective State Enrollment Practices

    The following is a summary of successful ways in which States have

[[Page 10700]]

assisted, or may assist, LEAs in immediately enrolling in schools 
students experiencing homelessness, and ways in which States can review 
and revise their requirements regarding immunization and medical or 
school records in order to facilitate immediate enrollment:

(A) Convening a Steering Committee To Identify and Review Requirements 
and Policies That May Act as Enrollment Barriers

    An SEA may form a broad-based steering committee to examine 
enrollment barriers. Such a committee could include representatives of 
the Homeless Coordinator's office; other SEA offices, including 
transportation officials; other State agencies (e.g., public health, 
social services), legislative staff, local liaisons, and advocacy 
groups. The committee should review State laws, rules, regulations, 
letters, memoranda, and guidance documents to ensure State and local 
compliance with the requirements of the McKinney-Vento Act. The 
committee should pay special attention to issues concerning 
transportation policies, student records and record-transfer 
requirements, enrolling unaccompanied youth, guardianship requirements, 
procedures for resolving enrollment disputes, and barriers resulting 
from school-related fees or school uniform policies.

(B) Providing LEAs and Schools With Guidelines on the Requirements of 
the McKinney-Vento Act and Ways to Effectively Address Enrollment 
Barriers

    We encourage SEAs to prepare and disseminate to their districts and 
schools memoranda, guidance documents, notices, or letters summarizing 
the enrollment requirements and other provisions of the McKinney-Vento 
Act and to share with them guidance provided by the Department.
    Given that transportation has been one of the biggest enrollment 
barriers, States should highlight in their guidance to districts the 
new transportation responsibilities of LEAs under the McKinney-Vento 
Act. States should work with LEAs to develop practices and policies to 
ensure that transportation is provided as required under the 
legislation.
    State enrollment guidelines should emphasize that an LEA must 
consider the best interests of the child in making placement decisions 
and that homeless students must be permitted to enroll in school 
immediately, even if they cannot produce the documentation normally 
needed for enrollment.
    States may encourage districts to implement policies whereby 
schools immediately enroll homeless children and youth on such bases as 
oral communications with prior schools; affidavits from parents or 
guardians in place of immunization documentation, birth certificates, 
proof of residency, or other records; and other alternatives to the 
records usually required for enrollment. The local liaisons can 
facilitate implementation of these measures.
    States should remind LEAs that any records that a school ordinarily 
keeps must be maintained in a manner that makes the records readily 
available when a child or youth enters a new school or district, and 
that the enrolling school must immediately contact the school last 
attended by the child or youth to obtain the relevant records.
    States should inform districts that they should examine any local 
residency requirements in light of the State's compulsory attendance 
laws to ensure that those requirements do not act as a barrier to 
enrollment of children and youth experiencing homelessness.
    States may also assist LEAs in adopting policies for waiving any 
school-related fees (such as course fees, activity fees, or field trip 
expenses) for homeless or poor families. In addition, they may issue 
guidance to assist LEAs in addressing barriers caused by lack of money 
for required school uniforms or for appropriate school clothing.
    States may develop manuals to assist LEAs in addressing the needs 
of homeless students. The manuals could include sample emergency 
enrollment forms, examples of affidavits of residency or of 
immunizations, and forms specifying the rights of youth and parents or 
guardians, including forms for appeals of placement decisions. Manuals 
could also include information on best practices to address common 
issues or concerns raised by LEA and school staff regarding their 
responsibilities under the McKinney-Vento Act. A State may also 
consider disseminating to districts or schools self-assessment guides 
on implementation of the McKinney-Vento Act.
    In informing districts and schools of enrollment requirements in 
the McKinney-Vento Act and possible means of addressing enrollment 
barriers, States should use all available technology, such as e-mail 
notices, listservs, the SEA website, Statewide hotlines, videos, 
satellite broadcasts, and teleconferences.

(c) Providing Training and Guidance to LEA Liaisons for Homeless 
Children and Youth

    Families, particularly those experiencing homelessness, often have 
difficulty keeping track of medical and other records, contacting 
previous schools to initiate school transfers, and working through 
school bureaucracies. To help alleviate these problems, States must 
provide technical assistance to LEAs in coordination with LEA liaisons. 
This may include training and guidance on meaningful ways for liaisons 
to assist parents, guardians, and unaccompanied youth in the enrollment 
process, through such means as accompanying a child from a shelter to 
school, completing enrollment forms, coordinating the transfer of 
records, arranging for immunizations, and preparing affidavits to 
facilitate enrollment. States should also provide training and guidance 
to assist liaisons in expeditiously resolving enrollment disputes in 
accordance with the procedures in the State plan.

V. Future Guidance

    The Department is preparing additional guidance on other aspects of 
the McKinney-Vento Act and plans to issue that guidance later this 
spring.

FOR FURTHER INFORMATION CONTACT: Gary Rutkin, Office of Elementary and 
Secondary Education, U.S. Department of Education, 400 Maryland Avenue, 
SW., Washington, DC 20202-6132. Telephone: (202) 260-4412 or via the 
Internet at [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339. 
Individuals with disabilities may obtain this notice in an alternative 
format (e.g., Braille, large print, audiotape, or computer diskette) on 
request to the contact person listed under FOR FURTHER INFORMATION 
CONTACT.

Paperwork Reduction Act of 1995

    This document refers to data requirements that will be part of the 
information collection in the State application. These data 
requirements will be under the review of the Office of Management and 
Budget (OMB) until OMB approves the data requirements at the time it 
approves the State application.
    If you want to comment to the Department on the data requirements 
in this notice, please send your comments to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to this Document: You may view this document, as 
well as

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other Department of Education documents published in the Federal 
Register in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: www.ed.gov/legislation/FedRegister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
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    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
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Regulations is available on GPO access at: www.access.gpo.gov/nara/index.html.


    Program Authority: Subtitle B of title VII of the McKinney-Vento 
Homeless Assistance Act, as reauthorized by the No Child Left Behind 
Act of 2001 (Pub. L. 107-110).

    Dated: March 6, 2002.
Susan B. Neuman,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 02-5737 Filed 3-7-02; 8:45 am]
BILLING CODE 4000-01-U