Answer: The McKinney-Vento Act requires schools to enroll students experiencing homelessness immediately, even if the student is unable to provide documents that are typically required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation. TB tests would fall under “other required health records.” The legal citation for that provision is 42 U.S.C. §11432(g)(3)(C). In addition, “enroll” is defined in the Act as attending classes and participating fully in school activities. The citation for that provision is 42 U.S.C. §11434A(1). There is additional supporting information on this issue on page 24 of the Department of Education’s Guidance.
Even though we have a state law that requires students to take the TB test to be physically in class, I understand that federal law overrides state law, and that a student identified as homeless can be in the classroom regardless if they have a TB test. Can you point me to this provision in federal law?
Oct 8, 2018 | Q and A