Answer: The short answer is yes, the McKinney-Vento Act requirements for immediate enrollment do apply to preschool programs that are administered by the SEA or LEAs. The guidance from the U.S. Department of Education states the following:
“N-4. Do McKinney-Vento Act requirements apply to homeless children attending preschool? To the extent that an LEA offers a public education to preschool children, including LEA-administered Head Start programs, an LEA must meet the McKinney-Vento Act requirements for homeless children in preschool, including ensuring that a homeless child remains in his or her public preschool of origin, unless a determination is made that it is not in the child’s best interest. (See sections 721(1), 722(g)(1)(F)(i), 722(g)(3)(I)).”
This means that if there is an opening in the preschool program, a child experiencing homelessness must be enrolled immediately, even if they do not have proof of immunizations or other documents typically required for enrollment. The McKinney-Vento Act is federal law, and therefore supersedes conflicting state law and regulations.
In addition, under the new federal child care law and regulations, states are required to establish a grace period for children experiencing homelessness to comply with immunization and other health and safety requirements. Homeless children must be allowed to receive child care services during the grace period, while families work to meet health and safety requirements. In addition, federally-funded child care agencies are required to help families comply with immunization and other requirements during the grace period, and providers can receive payment during the grace period. Here is a link to a summary of those rules: http://www.schoolhouseconnection.org/wp-content/uploads/2016/12/CCDFSummary.pdf
We recommend talking to your State McKinney-Vento Coordinator and CCDF state administrator to learn more about how the state is complying with those new rules. The CCDF regulations also require training and outreach on homelessness, so it could be a good opportunity to cross-train on McKinney-Vento, preschool, and child care more generally.