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Law on Education of the Homeless a Challenge for Districts

A federal law that guarantees education for homeless children is easing the way into new schools for the thousands of children forced from home by Hurricane Katrina. But the law may also pose legal, financial, and administrative challenges for state and district officials striving to help them.

The McKinney-Vento Homeless Assistance Act, which Congress first passed in 1987 and reauthorized as part of the No Child Left Behind Act of 2001, requires that states ensure that each homeless child has equal access to the same public education as that of other children. The law also requires states to identify and remove barriers to homeless children’s education, such as requirements for school records and proof of residency or a lack of transportation.

In addition, the law contains several provisions that appear to butt up against some of the practices being used or considered by the districts taking in hurricane evacuees. For example, the statute prohibits homeless children from being segregated from other students in separate classrooms or buildings, and from being provided regular...