Your community probably includes children and youth suffering homelessness. These children may lack reliable shelter for many reasons, from poverty to natural disaster, from affordable housing shortages to refuge from violence. Federal law, the McKinley-Vento Act, as well as California state law requires schools to provide immediate access to free and appropriate public education to homeless children without requiring proof of residency, immunization and health records, school records or legal guardianship documentation. While it can be challenging, local educational agencies (LEAs) have an obligation to remove barriers to homeless students.
Some of these barriers could involve risk management concerns to your school. The law imposes several requirements on LEAs applying to homeless students that go beyond what is provided to a typical residential pupil within their district boundaries. Transportation is one example. If requested, such students must be provided safe, adequate transportation to and from their last enrolled school even if they have left the school’s attendance area. There may be exceptions where an extremely lengthy commute may not be in a student’s best interests. But a school may need to consider what risks need to be accounted for in providing exceptional transportation for a homeless student.
"LEAs have an obligation to remove barriers to homeless students."
Many students in these situations are unable to show proof of immunization or produce other relevant health records. They may also have no copies or access to prior school records. There may be no reliable way to contact a parent in an emergency. Again, these documentary requirements must not be a barrier to providing immediate enrollment to homeless students. You can take steps to manage potential risks absent these records, by contacting the student’s prior LEA, if known. If there is no indication of prior immunization, steps can be taken to have the pupil immunized (unless exempted). Information on any disciplinary concerns or exposure to potential violence should be sought from the prior schools. If your school is contacted by another school enrolling a homeless student, you are required to provide any records without a parental release under these laws.
You can learn more about what your school must do to educate homeless children and youth from the Department of Education and the National Law Center on Homelessness and Poverty. Proactive risk management helps overcome the barriers to serve them.