Highlights of Basic Rights

Relevant Statutes

Minnesota Resources

National Resources

• Shared housing with other friends or families;
• Runaway/homeless youth shelters;
• Temporary housing and awaiting foster care placement;
• Emergency and domestic violence shelters;
• Transitional housing shelters;
• Motels or hotels;
• Campgrounds and inadequate trailer homes;
• Cars, abandoned buildings, parks, the streets or other public spaces.

Homeless Child/Youth – any child or youth who lacks a fixed, regular, and adequate nighttime residence. 42 U.S.C § 11434a(2).

Unaccompanied Youth – any youth not in the physical custody of a parent or guardian. 42 U.S.C § 11434a(6).

School of Origin – the school the child or youth attended when permanently housed or the school in which the youth was last enrolled. 42 U.S.C § 11432(g)(3)(G).

• Schools may not refuse enrollment to a student who lacks a permanent address. Minn. Stat. § 120A.20, subd. 2a.

• Schools may not refuse enrollment if the youth is unable to provide records and immunizations normally required for enrollment. Additionally, these schools must assist the student in obtaining these records and immunizations. 42 U.S.C § 11432(g)(3)(C)(i-iii).

• Schools may not withhold school records because of unpaid fines or fees. Minn Stat. § 123B.37, subd. 2.

• A student should be allowed to remain in the school of origin for the duration of homelessness. 42 U.S.C § 11432(g)(3)(A)(i).

• A student may also choose to enroll in any public school that non-homeless students are eligible to attend in their attendance area. 42 U.S.C § 11432(g)(3)(A)(ii).

• In the case of an enrollment dispute, the school district should admit the student to the school pending resolution of the dispute. If enrollment is denied, the school district must provide a written explanation and give the parent the right to appeal. 42 U.S.C § 11432(g)(3)(E).

• Transportation must be made available to children experiencing homelessness to the same extent as it is available to all students. Minn. Stat. § 123B.88 subd. 1.

• Transportation must be provided to and from the school of origin. 42 U.S.C § 11432(g)(1)(J)(iii).

• Homeless children and youth must be provided services comparable to those offered to other students, including:

• Transportation;
• Programs for students with disabilities;
• Title I programs;
• Programs for students with disabilities;
• Programs for English Language Learners;
• Vocational and technical education;
• Gifted and talented programs;
• And school nutrition programs, including free and reduced price meals. 42 U.S.C § 11432(g)(4).

• Children and youth who are homeless automatically qualify for free school meals. They do not have to complete an application. USDA Memo 04/02.

• The 2004 reauthorization of IDEA, requires compliance with the McKinney-Vento Act. for homeless children with disabilities. Pub. L. No. 108-446, § 612(a)(11)(A)(iii).

• Schools should to coordinate their efforts with local social service agencies which provide services to homeless children and youth. 42 U.S.C § 11432(g)(5).

• Each district must appoint a liaison for homeless children and youths, who must ensure that homeless children enroll in and have a full opportunity to succeed in schools in that district. 42 U.S.C § 11432(g)(6).

• States must establish an Office of Coordinator for Education of Homeless Children and Youth. 42 U.S.C § 11432(f).

State Coordinator for the Education of Homeless Children and Youth

Tom Gray, Department of Education, Learner Options Division

1500 Hwy. 36, A24

Roseville, MN 55112-4266

(651) 582-8282