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It's the Law . . .

The McKinney-Vento Homeless Assistance Act, subtitle VII-B, is a Federal law that assures every child and youth has the right to a free and appropriate public education.

Each state is required:

to ensure that homeless children and youth have access to a free appropriate public education. This is the same free appropriate public education that would be provided to children of residents of the state.

In North Dakota...

NDCSC 15.1-19-08 states that:

  1. A homeless child is entitled to a free public school education, in the same manner as that provided to other public school students, in accordance with the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77, 101 Stat. 525; 42 U.S.C. 11431 et seq.].

  2. A school district shall allow a nonresident homeless child to attend school.

  3. For the purposes of this section, “homeless child” means a homeless individual as described in the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77 section 103(a); 101 Stat. 485; 42 U.S.C. 11302] and as defined in rules adopted by the superintendent of public instruction.

  4. The superintendent of public instruction shall adopt rules to implement this section. The rules must provide for the educational placement of homeless children according to the child’s best interest.

Return to the Homeless Education homepage

horizonal rule

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North Dakota Department of Public Instruction
Kirsten Baesler, State Superintendent
600 E. Boulevard Avenue, Dept. 201
Bismarck, North Dakota 58505-0440

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