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Virginia Education for Homeless Children and Youth Program

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.

The full legislation P.L. 107-110, No Child Left Behind Act, is available at: http://www.ed.gov/legislation/ESEA02/
The McKinney-Vento Act is Title X, Part C and is available here: http://www.ed.gov/policy/elsec/leg/esea02/pg116.html

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

Improving Head Start for School Readiness Act of 2007 was signed into law December 12, 2007. Download a summary 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 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) 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:

Resolution of the National Association of State Directors of Pupil Transportation Services

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



Last Modified: December 10, 2007February 28, 2008
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