Students Receiving Special Education and Related Services

Do students receiving special education who are homeless have the right to remain in their school of origin?

Yes. The McKinney-Vento Act applies to students receiving special education services the same way it applies to other students. Therefore, a student receiving special education who is homeless must remain in the school of origin, unless it is not feasible or against the parent's/guardian's wishes. More often than not, the feasibility equation will weigh in favor of keeping a special education student in the same school, because changing schools and educational programs can be particularly detrimental to students with special needs. Of course, if the distance is such that the commute would be more detrimental than changing schools would be, then the student may have to change schools.

There are additional legal requirements under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1400 et seq., that might come into play. However, IDEA does not supersede the McKinney-Vento Act; a special education student retains all McKinney-Vento rights.

If a student receiving special education services becomes homeless and elects to remain in the school of origin, who pays for transportation?

Must schools immediately enroll students receiving special education who are homeless?

How can a school determine what services to provide a student receiving special education, if there are no school records?

If a student has special education testing or an Individualized Education Program (IEP) from the previous school, must the new school implement it?

If an unaccompanied youth is under 18, who signs for special education services?