Every child has the right to an education.

The Stewart B. McKinney Homeless Education Assistance Act, otherwise known as Title X, Part C of the No Child Left Behind Act of 2001, and state law protects the rights of homeless children and youth to receive a free and appropriate public education. Nearly everyone who is between the ages of 5 and 21 on September 1 of the school year and has not been expelled has the right to attend school, even if they:

• Lack fixed, regular, and adequate nighttime residence
• Share housing (due to loss or hardship)
• Live in hotels, motels, trailer homes, campgrounds, emergency or transitional shelters, or are abandoned in hospitals
• Are awaiting foster care placement
• Have a primary nighttime residence not designed or ordinarily used as a regular sleeping accommodation
• Live in cars, parks, public spaces, abandoned buildings, bus or train stations, or similar settings
• Are an unaccompanied youth (youth not in the physical custody of a parent or guardian)
• Are migratory children who qualify as homeless because of their living situation

Homeless children and youth encounter many barriers to enrollment and school success. Barriers may include:

• Lack of transportation
• Lack of immunization and medical records
• Lack of school records
• State guardianship/residency requirements not uniformly interpreted by schools
• Lack of birth certificates
• Attendance policies
• Secondary school credit accrual
• Frequent mobility
• Lack of staff awareness and sensitivity
• Inability to complete school assignments
• Lack of psychological services
• Poor health and inadequate medical care
• Lack of physical needs such as food, clothing, shelter, health care
• Access to special education programs and services

What are schools required to do?

Schools must keep children in the school of origin (the school that the child or youth attended when permanently housed or last enrolled) to the extent feasible, except where contrary to the wishes of the parent or guardian. The child or youth’s right to attend their school of origin extends to the entire duration of homelessness or the end of the school year.

Schools must remove any barriers that contribute to exclusion or enrollment delay. This means schools are required to immediately enroll children and youth experiencing homelessness. Each school district must identify a Homeless Education Liaison. Schools must post public notices of educational rights for youths experiencing homelessness. Schools must also ensure enrollment with full and equal opportunity to succeed in school.

Homeless children and youths must receive comparable services to those received by all other children, including transportation services, educational services, and meals through school nutrition programs.

Free and Reduced Lunch and Breakfast Program

Public school children benefit from this federal program that provides nutritious meals and low cost. Free or reduced cost breakfasts and lunches are available to homeless families under the following conditions:

• The family meets the definition of homelessness.
• The family now receives food stamps or cash assistance (also known as Public Assistance, Welfare payments, or TANF).
• The total household income falls below income guidelines.
• The family houses a foster child, in which case the foster child may be eligible regardless of family income.

Special Education

Florida children between 3 and 22 years of age who are eligible for Exceptional Student Education Programs may receive a variety of services provided through the public school system. If a homeless child has an identified disability, he or she may be eligible for special educational services. Parents who believe their child may qualify for special education should request an educational evaluation at the child’s school. If eligible, the student would then receive special education instruction and related services according to their Individual Education Plan (IEP). Please see the section entitled “Students with Disabilities” for further information on the referral and evaluation process in Gilchrist County.