The Law
The concept of feasibility appears in the McKinney-Vento Homeless Assistance Act in relation to a student's choice of schools, which includes the school of origin and the local attendance area school.
The law states that school districts shall:
(i) to the extent feasible, keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child's or youth's parent or guardian;
(ii) provide a written explanation, including a statement regarding the right to appeal under subparagraph (E), to the homeless child's or youth's parent or guardian, if the local educational agency sends such child or youth to a school other than the school of origin or a school requested by the parent or guardian; and
(iii) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E).
McKinney-Vento Homeless Assistance Act, Sec 722(g)(3)(B)
U.S. Department of Education Policy Guidance
G-4. What should a school district consider when determining the extent to which it is feasible to educate a homeless child or youth in his or her school of origin?
As stated above, to the extent feasible, a district must educate a homeless child or youth in his or her school of origin, unless doing so is contrary to the wishes of the parent or guardian. The placement determination should be a student-centered, individualized determination. Factors that an LEA may consider include the age of the child or youth; the distance of a commute and the impact it may have on the student's education; personal safety issues; a student's need for special instruction (e.g., special education and related services); the length of anticipated stay in a temporary shelter or other temporary location; and the time remaining in the school year.
July 2004 Policy Guidance, Question G-4, page 14
Definitions
School of Origin: the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled
McKinney-Vento Homeless Assistance Act, Sec 722(g)(3)(G)
Local Attendance Area School: any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend
McKinney-Vento Homeless Assistance Act, Sec 722(g)(3)(A)(ii)
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The National Center for Homeless Education (NCHE) is associated with The SERVE Center at the University of North Carolina at Greensboro.
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