42 U.S.C. § 11431

Statement of policy

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The following is the policy of the Congress:(1) Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.(2) In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.(3) Homelessness is not sufficient reason to separate students from the mainstream school environment.(4) Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State academic standards to which all students are held.(Pub. L. 100–77, title VII, § 721, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 1989; amended Pub. L. 114–95, title IX, § 9101, Dec. 10, 2015, 129 Stat. 2124.)Editorial NotesPrior Provisions

A prior section 11431, Pub. L. 100–77, title VII, § 721, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, stated policy of Congress, prior to the general amendment of this part by Pub. L. 107–110.

Another prior section 11431, Pub. L. 100–77, title VII, § 721, July 22, 1987, 101 Stat. 525; Pub. L. 101–645, title VI, § 612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress, prior to the general amendment of this part by Pub. L. 103–382.

Amendments

2015—Par. (2). Pub. L. 114–95, § 9101(1), substituted “In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review” for “In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youths, the State will review”.

Par. (3). Pub. L. 114–95, § 9101(2), struck out “alone” after “Homelessness”.

Par. (4). Pub. L. 114–95, § 9101(3), substituted “challenging State academic standards” for “challenging State student academic achievement standards”.

Statutory Notes and Related SubsidiariesEffective Date of 2015 Amendment

Pub. L. 114–95, title IX, § 9107, Dec. 10, 2015, 129 Stat. 2137, provided that: “Except as provided in section 9105(b) [set out as a note under section 11434a of this title] or as otherwise provided in this Act [see Tables for classification], this title [probably means “this part”, meaning part A (§§ 9101–9107) of title IX of Pub. L. 114–95, amending this section and sections 11432 to 11435 of this title and enacting provisions set out as notes under section 11434a of this title] and the amendments made by this title take effect on October 1, 2016.”

Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

Notes of Decisions

Cited in 27 cases (12 in the last 5 years), 1994–2026 · leading case: N.J. v. New York, 872 F. Supp. 2d 204 (E.D.N.Y 2011).

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N.J. v. New York, 872 F. Supp. 2d 204 (E.D.N.Y 2011). · cites it 5× “The Plaintiffs allege that the Defendants denied to them the rights afforded to homeless children in obtaining a free public education in violation of the McKinneyVento Act, 42 U.S.C. § 11431 et seq., New York Education Law § 3209, and 42 U.”

Nat'l Law Ctr. on Homelessness & Poverty v. New York, 224 F.R.D. 314 (E.D.N.Y 2004). · cites it 5× “525 (codified at 42 U.S.C. § 11431 (1988)). The Act required states to assure that each child of a homeless individual and each homeless youth had access to a free and appropriate public education.”

La Dell Grizzell v. San Elijo Elementary Sch., 110 F.4th 1177 (9th Cir. 2024). “” 42 U.S.C. § 11431 (1). Grizzell’s pro se complaint alleges that her children faced racial discrimination and other civil rights violations while enrolled at San Elijo.”

Holmes-Ramsey v. Dist. of Columbia, 747 F. Supp. 2d 32 (D.D.C. 2010). · cites it 2× “§ 794 , the McKinney-Vento Homelessness Assistance Act (“McKinney Act”), 42 U.S.C. §§ 11431 et seq., and 42 U.S.C.”

Alejo v. Torlakson, 212 Cal. App. 4th 768 (Cal. Ct. App. 2013). “§ 1703 (f)); (3) the Superintendent and CDE abused their discretion by failing to implement an onsite monitoring program that fulfills the purposes of section 64001, the EEOA, the NCLB, and the McKinney-Vento Homeless Education Assistance Improvements Act of 2001 ( 42 U.S.C. §…”

Sylvia's Haven, Inc. v. Massachusetts Dev. Fin. Agency, 397 F. Supp. 2d 202 (D. Mass. 2005). · cites it 3× “as provided to other children and youths”, 42 U.S.C. § 11431 (1), to be enjoyed free from any burden imposed by the State.”

Brenda Lampkin, as Legal Guardian of Jessica Lampkin & Christine Lampkin, Minors v. Dist. of Columbia, a Mun. Corp., 27 F.3d 605 (D.C. Cir. 1994). “See 42 U.S.C. § 11431 . That said, we must hold that the Act “creates an enforceable right unless it reflects merely a congressional preference for a certain kind of conduct rather than a binding obligation on the governmental unit.”

Bullock v. Bd. of Educ., 210 F.R.D. 556 (D. Maryland 2002). “42 U.S.C. §§ 11431— 11435. Under the McKinney-Vento Act, the local education agency (“LEA”) is required to continue a homeless child’s education in the school of origin (“home school”) for the duration of homelessness, or enroll the child in the appropriate public school within…”

G.S. v. Rose Tree Media Sch. Distric, 914 F.3d 206 (3rd Cir. 2018). “42 U.S.C. § 11431 (1). Specifically, under this subtitle, local education agencies are required to continue a homeless child's education in his or her "school of origin" for the "duration" of his or her homelessness if doing so is in the child's "best interest.”

Scott C. v. DESE, 19 F.4th 1078 (8th Cir. 2021). “See 42 U.S.C. §§ 11431–33. 3 Pursuant to the Consent Order and Judgment, the district defendants were obligated to comply with their own Implementation Plan and the individual defendants were dismissed from the case.”

Kilduff v. Rochester City Sch. Dist., 53 F. Supp. 3d 610 (W.D.N.Y. 2014). “Plaintiffs job responsibilities included advocating on behalf of homeless students to “remove barriers to securing in a timely manner a free appropriate public education,” providing professional development to school personnel regarding the McKinney-Vento Homeless Assistance…”

Lampkin v. Dist. of Columbia, 879 F. Supp. 116 (D.D.C. 1995). “Second, defendants point to 42 U.S.C. §§ 11431 (3) & 11432(e)(l)(I) where, respectively, they are commanded not to “separate students from the mainstream school environment” and to “ensure that homeless children and homeless youths are not isolated or stigmatized.”

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