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
In North Dakota...
NDCSC 15.1-19-08 states that:
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.].
A school district shall allow a nonresident homeless
child to attend school.
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
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