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Department of Education Releases Guidance on Homeless Youth Provisions in ESSA

By Aleks Ostojic Rushing & John W. Borkowski on July 28, 2016
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The U.S. Department of Education recently released guidance to school districts regarding new provisions of the Every Student Succeeds Act (“ESSA” or the “Act”) that address the support of homeless students. The guidance provides a summary of the required protections for homeless children and recommendations for school districts. The Education for Homeless Children and Youth program was originally authorized in 1987 and recently re-authorized as part of ESSA. The new provisions in the Act were prompted in part by growth in the number of homeless children enrolled in U.S. public schools. During the 2013-2014 academic year, there were more than 1.3 million homeless children enrolled. States and school districts must begin implementing these requirements by October 1, 2016.

Examples of important provisions in the new guidance include:

  • Homeless children and youth are defined as “individuals who lack a fixed, regular, and adequate nighttime residence;”
  • States and school districts have broad and ongoing responsibilities to review policies or practices that “may act as barriers to the identification, enrollment, attendance, and school success of homeless children and youths;”
  • Homelessness is not a sufficient reason to segregate students in separate schools;
  • The websites for state educational agencies must annually post the number of children and youths identified as homeless in that state; and
  • School districts should include the identification of homeless students and their unique educational needs in any district needs assessment and school improvement plans that define a school’s targeted work.

For more information, see the Department’s Homeless Student Guidance, Homeless Student Guidance Fact Sheet, and Homeless Student Notice of Rights and Protections.

Photo of Aleks Ostojic Rushing Aleks Ostojic Rushing

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on…

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on investigations, litigation and compliance matters arising from a wide range of civil rights and educational funding issues. These include Title IX, Title IV, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Family Educational Records Privacy Act (FERPA).

Read more about Aleks Ostojic RushingEmailAleks Ostojic's Linkedin Profile
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Photo of John W. Borkowski John W. Borkowski

Coming from a family of teachers, John knows that educators are dedicated to serving students and society. His lifelong passion for education underlies the insightful counsel he provides to colleges, universities and school districts.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    K-12 Legal Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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