Texas Education Agency LogoSpecial Education in Texas

Children and Youth Experiencing Homelessness

Overview

Under federal and state law, children and youth experiencing homelessness have a right to an appropriate public education. The McKinney-Vento Homeless Assistance Act (federal law) provides assistance to States to help them ensure educational rights and protections for children and youth experiencing homelessness. This program helps State educational agencies (SEAs) ensure that homeless children, including preschoolers and youths, have equal access to a free, appropriate public education, including a public preschool education, as provided to other children and youth.

Consistent with the McKinney-Vento Act, children experiencing homelessness are to be provided services comparable to those received by other students in the school they attend, including transportation services, and education programs for which such students are otherwise eligible, such as services provided under Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 or similar State or local programs and programs for students with disabilities.

State law also addresses the educational rights of children and youth experiencing homelessness. Texas Education Code (TEC) §§ 25.001, 25.002 and 29.153 address educational rights concerning school admission and preschool for homeless students.

The Individuals with Disabilities Education Act of 2004 (IDEA) assists States in meeting the early intervention needs of infants and toddlers with disabilities and their families and the special education and related services needs of children with disabilities. The IDEA rights and protections applicable to children with disabilities and their parents under Part B of IDEA (Grants to States program) and the rights and protections applicable to infants and toddlers with disabilities and their families under Part C of IDEA (Infants and Toddlers With Disabilities program) apply to homeless children with disabilities.

States and their public schools also have an affirmative obligation to identify, locate, and evaluate all children residing in the State who are suspected of having disabilities and who are in need of special education and related services, regardless of the severity of their disability. This obligation, known as “child find”, is specifically applicable to homeless children.

State Resources

National Resources


Special Education Main Page

Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560

Created: September 4, 2008

Send Comments or Suggestions to the Web Administrator.