[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
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll-free, at 1-888-293-6498; or in
the Washington DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official version of the Federal Register and the Code of Federal
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]
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