Rights of Students Who are Homeless and Eligible for Special Education Services

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Rights of Students Who are Homeless and Eligible for Special Education Services

Students who are homeless and eligible for special education services are entitled to certain rights under the McKinney-Vento Homeless Assistance Act. The purpose of the McKinney-Vento Homeless Assistance Act is to ensure that all children and youth have equal access to the same free and appropriate public education, including preschool education as children and youth who are not homeless.

The Ohio Department of Education, in its brochure called A Parent's Guide to the Rights of Children and Youth Experiencing Homelessness (PDF file), lists the following rights for homeless parents and their children.

Your child has the right to:

• Go to school, no matter where you live or how long you have lived there;
• Stay in the school that he or she was attending before becoming homeless or the school he or she last attended, if that is your choice and it is feasible;
• Enroll in school immediately, even if you do not have all the paperwork, such as your child's school or medical records;
• Access the same special programs and services that are provided to other children, including special education, migrant education and vocational education;
• Receive the same public education that is provided to other children, including preschool. (Your child cannot be separated from the mainstream school environment because he or she is homeless. He or she cannot be segregated in a separate school, separate programs within a school or separate settings within a school.)

In addition, if your child is assigned to a school not of your choosing, the school district must explain its decision in writing. You also have the right to appeal the district's decision regarding the school to which your child has been assigned. Your child has the right to go to the school of your choice while the dispute is being resolved.

For more information about your rights and the McKinney-Vento Homeless Assistance Act, visit the Ohio Department of Education Web site: Homeless Students

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• Special Education for Children Ages 3-22