Answer: The McKinney-Vento Act does contain some specific requirements around absences. In particular, under the Act, states and LEAs must review and revise policies to remove barriers to the education of homeless children and youth, “including barriers to enrollment and retention due to outstanding fees or fines, or absences.” The citation is 42 U.S.C. §11432(g)(1)(I).
In this case, I think the issue would be if he is being penalized in some way because of the absences–for example, is he being given failing grades automatically because he has missed so many days of school? In addition, is anything being done to help him catch up from the days he missed? For example, is he receiving help before or after school, or even during school, to help him make up for what he missed?
Also, are the absences and/or tardies related to difficulties with transportation?
Lastly, do you know if the McKinney-Vento liaison has been informed of his status, so that he can be connected to the supports provided by that program, or by Title I? We strongly suggest making that connection.