Here we all were minding our own business, and the federal Department of Education drops the new Title IX regulations on a Friday! (How rude!) Don’t worry, this post is NOT about new Title IX regulations. However, we did want to mention them because the news is out there. Here’s our advice: take a deep breath and don’t worry about the new regulations right now. We’re on it. There is an August 1, 2024 effective date. Districts have time to change their policies this summer and be ready to comply as the school year begins. One thing you should plan for now is the requirement that all staff members be trained on Title IX. Overall there are quite a few positive changes for schools and a few that will be tricky but doable. It’s about 55 pages of regulations and 1,520 pages of guidance that we are reading so you don’t have to! We’ll put out some preliminary thoughts next week, but our last KSB quarterly webinar will take a deeper dive into the new Title IX regs. It is scheduled for June 25 from 9:00 to 12:00 CST. If you aren’t already registered, you can use this LINK and get registered to join the fun (?) of exploring the new regs in more depth.
Now, onto the original reason for this post, a quick review of the McKinney-Vento Homeless Assistance Act. We have received a rush of calls recently from school administrators asking about students whose living situations are in flux or have been kicked out of their home when the student turned 18. While it isn’t always easy to remember schools’ obligations, let’s review the federal law.
The McKinney-Vento Homeless Assistance Act was originally passed in 1986, but it was reauthorized in 2015 under the Every Student Succeeds Act or ESSA. (This law is now a second grader!) The Act contains a universal definition of “homeless” to be used by public schools and requires schools to address educational barriers for those students facing homelessness. Under the Act, homeless children are defined as:
(A) means individuals who lack a fixed, regular, and adequate nighttime residence . . . and
(B) includes–
(i) children and youths 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; or are abandoned in hospitals;
(ii) children and youths 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 (within the meaning of section 103(a)(2)(C));
(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
(iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).
As you can see, the definition of homeless children is very broad and likely encompasses more students than you may traditionally think of as homeless. For example, if an 18-year-old is kicked out of a parent’s house and forced to live with a relative, this student is homeless under the federal definition. Similarly, if a family is evicted from their home and living with a relative in a neighboring town, those students are also homeless. Students experiencing homelessness have the right to immediate school enrollment and can choose to attend either the last school the student attended (school of origin) OR the school in the attendance area in which the homeless student is now residing (local attendance area school). This is true even if the school may otherwise have the ability under state law to deny enrollment. Both schools may have transportation obligations to the homeless student.
Additionally, schools must identify a local liaison who has the authority to identify and make eligibility determinations regarding homeless students. Many times this is a district principal or the superintendent. The local liaison will be involved in the best interest determinations regarding the enrollment of the student. The parent, guardian, or unaccompanied youth has the right to appeal the best interest determination, and during the pendency of the appeal, the child shall immediately be enrolled in the school in which enrollment is sought.
Summer is a great time to review your district’s homeless policy and its requirements, so add it to the list. Ensure that you have identified a local liaison and that this person understands the responsibilities associated with the McKinney-Vento Homeless Assistance Act. In both Nebraska and South Dakota, the Department of Education has resources regarding this law available here and here. If you have any questions regarding the application of this law to students seeking to enroll in your district, please do not hesitate to reach out to the KSB crew at 402-804-8000 or shoot us all an email at ksb@ksbschoollaw.com. Enjoy the countdown to summer break!