Residency and Educational Rights
Students without fixed, regular, and adequate living situations have the following rights:
- Immediate enrollment in the school they last attended or the local school where they are currently staying, even if they do not have all of the documents normally required at the time of enrollment without fear of being separated or treated differently due to their housing situations;
- Transportation to the school of origin for the regular school day;
- Access to free meals, Title I and other educational programs, and transportation to extracurricular activities to the same extent that it is offered to other students.
Questions about these rights can be directed to the Hart Public Schools McKinney-Vento Liaison, Paula Jerry, at 231-873-6253.
42 USC CHAPTER 119, SUBCHAPTER VI, Part B: Education for Homeless Children and Youths
From Title 42—THE PUBLIC HEALTH AND WELFARECHAPTER 119—HOMELESS ASSISTANCE SUB CHAPTER VI—EDUCATION AND TRAINING
Part B—Education for Homeless Children and Youths
§11431. Statement of policy
The following is the policy of the Congress:
(1) Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.
(2) In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.
(3) Homelessness is not sufficient reason to separate students from the mainstream school environment.
(4) Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State academic standards to which all students are held.
(Pub. L. 100–77, title VII, §721, as added Pub. L. 107–110, title X, §1032, Jan. 8, 2002, 115 Stat. 1989; amended Pub. L. 114–95, title IX, §9101, Dec. 10, 2015, 129 Stat. 2124.)
