PreK-12, Federal Policy (April 2026)

50-State Analysis: Homeless Students Lose Education Access Without Federal Support

This analysis examines state education laws across all 50 states, D.C., Puerto Rico, and the Bureau of Indian Education to assess whether they provide basic protections for children and youth experiencing homelessness without federal law. The findings reveal that most states rely entirely on the McKinney-Vento Act and federal funding, underscoring the urgent need to protect the Education for Homeless Children and Youth (EHCY) program.

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Homelessness creates unique barriers to school attendance and success for more than 1.5 million children and youth in rural, suburban, and urban communities. Federal law – Subtitle VII-B of the McKinney-Vento Act – directs state and local educational agencies to review and revise policies that act as barriers to the identification, enrollment, and retention of children and youth experiencing homelessness. It also authorizes funding to ensure basic educational access, stability, and success through the Education for Homeless Children and Youth (EHCY) Program.

Signed into law by President Ronald Reagan in 1987, the EHCY program has a long history of consistent bipartisan support. However, President Trump’s FY2027 budget proposal recommends eliminating the EHCY program. The proposal claims that children and youth experiencing homelessness still could be served by a K-12 state block grant, but does not require that states use block grant funds to do so, and does not include any of the protections included in the EHCY program. 

Congress ultimately will decide whether or not to adopt this proposal.

In order to assess the potential impact of this proposal, SHC reviewed state education law and regulations for all 50 states, the District of Columbia, Puerto Rico, and the Bureau of Indian Education. We found that the vast majority of states rely entirely on federal law and funding to provide basic access to education for children and youth experiencing homelessness, and that only three states provide all of the core protections of the McKinney-Vento Act independent of federal law. 

These findings make clear that without the McKinney-Vento Act – and the EHCY funding to implement it – children and youth experiencing homelessness in most states will struggle to attend any school, and will not benefit from local, state, and federal education funding. Therefore, Congress must preserve the EHCY program in FY2027 and beyond. We provide additional recommendations below.

Core Protections for Homeless Students: Basic Access to Education

The McKinney-Vento Act’s protections and services allow homeless children and youth to:

These are the core educational protections provided by the McKinney-Vento Act.

Only five states (Colorado, Maryland, Oregon, New Jersey, and Washington state) provide all of the core protections provided by the McKinney-Vento Act, independent of the McKinney-Vento Act itself. A handful of states have revised their state education codes to provide some of these core protections for educational access and stability purely as a matter of state law, without reference to the McKinney-Vento Act’s requirements. 

However, the majority of states – 34 states plus the Bureau of Indian Affairs, District of Columbia, and Puerto Rico – rely entirely on the McKinney-Vento Act to provide homeless children and youth with any of the core protections for access to educational opportunities.

Targeted Education Funding for Students Experiencing Homelessness

In addition to legal protections, the EHCY program provides targeted funding to help state and local educational agencies implement the law. These funds support critical activities such as dedicated staffing, transportation, outreach, and supplies. In the most recent fiscal year (2026), Congress provided $129 million for the EHCY program, reaching all states, the District of Columbia, Puerto Rico, and the Bureau of Indian Education.  

To date, only Colorado, Maine, New Mexico, and Washington provide dedicated state education funding to supplement federal EHCY funding. An additional three states–Massachusetts, Minnesota, and New York–reimburse school districts in part or in full for the cost of transporting students experiencing homelessness. Recently, some states have provided housing-related assistance to K12 students experiencing homelessness (Maine, Maryland, Minnesota, and Oregon).

While these state funding streams provide much-needed support, they do not replace EHCY funding. Rather, they are necessary to supplement EHCY funding so that more school districts can identify and better assist more students.

The McKinney-Vento Act’s Protections and Dedicated Funding Must Be Preserved and Expanded

Our analysis makes clear that without the core protections of the McKinney-Vento Act – and the funding to implement it – children and youth experiencing homelessness in most states will struggle to attend any school, and will not benefit from other local, state, and federal education funding. And without an education, they are more likely to continue to experience homelessness: lack of a high school degree or GED is the single greatest risk factor for homelessness as a young adult.

To ensure that homelessness does not disrupt the education and threaten the futures of a growing number of students:

  1. First and foremost, Congress should preserve and expand the EHCY program in FY2027 and beyond. Evidence shows that targeted investments in funding for homeless students lead to improved student outcomes. The only way to ensure that children and youth experiencing homelessness in all states have meaningful access to education is through support of the EHCY program. For these reasons, Congress should reject the President’s proposal to eliminate EHCY funding.
  1. In addition, state legislatures should revise state education codes to increase the identification, enrollment, attendance, and success of homeless children and youth. While federal law provides basic access to education, states can incorporate these protections in state law or regulation, and also expand upon them to provide additional support. Some states, for example, have enacted laws to improve the awarding of partial credits, mitigate the impact of school mobility on high school graduation, or boost preschool enrollment and stability. Other state laws aim to increase and standardize identification, improve awareness and training, prevent truancy, ensure that homeless students are not penalized for absences due to homelessness, or increase transparency of the use of federal funds.
  1. State legislatures also should explore how to direct state funding to students experiencing homelessness.  Our analysis shows that very few states direct state dollars specifically to K12 students experiencing homelessness. Yet state funding can help supplement federal EHCY funding to ensure that more school districts receive targeted support to improve identification and outcomes. This policy brief summarizes examples of state-funded programs that support educational services, transportation, and housing and homelessness assistance for K12 students.

State Law Table

The table below shows state laws or regulations that provide basic access to education for children and youth experiencing homelessness, and whether those state policies appear to be independent of federal law, or dependent on federal law. 

✅ = state code provision is independent of the McKinney-Vento Act
MV = state code provision is dependent on the McKinney-Vento Act
❌ = No provisions found in state code

Enrollment While Records are ObtainedAbility to Stay Enrolled in School of OriginTransportation for School Stability School District Homeless LiaisonsDedicated State Education Funding
AlabamaMV Ala. Admin. Code 290-3-1-.02(7)(e)(2)MV Ala. Admin. Code 290-3-1-.02(7)(e)(3)❌ 
Alaska❌ ❌ ❌ ❌ ❌ 
Bureau of Indian Affairs
Arizona✅ARS 18-872 (enrollment for 5 days without proof of immunization)❌ ❌ ❌ ❌ 
Arkansas❌ ❌ ❌ ❌ ❌ 
California✅Cal. Educ. Code § 48852.7✅Cal. Educ. Code § 48852.7MV Cal. Educ. Code § 48852.7(e)(1)❌ 
Colorado✅Colo. Rev. Stat. Title 22 § 22-33-103.5✅Colo. Rev. Stat. Title 22 § 22-33-103.5✅Colo. Rev. Stat. Title 22 § 22-33-103.5✅Colo. Rev. Stat. Title 22 § 22-33-103.5Student stability grant program
ConnecticutMV Conn. Gen. Stat. §§ 10-186, 10-253(f)MV Conn. Gen. Stat. §§ 10-186, 10-253(f)MV Conn. Gen. Stat. § 10-186MV Conn. Gen. Stat. § 10-253(f)❌ 
DelawareMV Del. Admin. Code 14, § 901-3.0MV Del. Admin. Code 14, § 901-3.0MV Del. Admin. Code 14, § 901-3.0MV Del. Admin. Code 14, § 901-3.0❌ 
District of Columbia❌ 
FloridaMV Fla Stat.Title XLVIII, ch. 1003, §§ 1003.21(4)(g)and 1003.22.(1)MV FAC Rule 6A-10.088 ❌ 
Georgia❌ 
HawaiiMV Hawaii Rev. Stat. § 302A-1143(3)MV Hawaii Admin. Rules title 8,§ 8-27-4(g)❌ 
Idaho❌ 
Illinois✅ (105 ILCS 45/1-1)✅(105 ILCS 45/1-1)✅(105 ILCS 45/1-1)❌ 
Indiana✅(Ind. Code Title 20 § 20-27-12-4)❌ 
IowaMV  Iowa Admin. Code § 281–33.4(256) and 281–33.5(256)MV Iowa Admin. Code § 281–33.8 (256), subsection 33.8(1) MV Iowa Admin. Code § 281-33.10(256)MV Iowa Admin. Code § 281-33.2(7)❌ 
Kansas✅Kan. Stat. § 72-3123)✅Kan. Stat. § 72-3123)❌ 
Kentucky❌ 
LouisianaMV La. Admin Code title 28, § CXV-341MV La. Admin Code title 28, § CXV-341MV La. Admin Code title 28, § CXV-341MV La. Admin Code title 28, § CXV-341❌ 
MaineMV 05-071 C.M.R. ch. 14, § 4MV 05-071 C.M.R. ch. 14, § 4MV 05-071 C.M.R. ch. 14, § 4MV 05-071 C.M.R. ch. 14, § 4Funding bill LD 193
Maryland✅ Md. Code Regs. 13A.05.09.05✅ Md. Code Regs. 13A.05.09.04✅Md. Code Regs. 13A.05.09.06✅ Md. Code Regs. 13A.05.09.03❌ 
MassachusettsTransportation reimbursement
Michigan❌ 
Minnesota✅Minn. Stat. §§ 120A.20, 124D.08✅Minn. Stat. § 120A.20Transportation reimbursement
Mississippi❌ 
Missouri❌ 
Montana✅Montana Code Ann. § 25-5-101(4)❌ 
Nebraska✅ Neb. Rev. Stat. § 79-215❌ 
Nevada❌ 
New Hampshire❌ 
New Jersey✅N.J.A.C. § 6A:17-2.5(g)✅N.J.A.C. § 6A:17-2.5(a)✅N.J.A.C. § 6A:17-2.3(a)(3)✅ N.J.A.C.§ 6A:17-2.4❌ 
New MexicoMV NM Adm. Code §§ 6.41.4.8 and 6.41.4.9.JMV NM Adm. Code § 6.10.3.9.D(2)(A)Pending: 2025 New Mexico Budget, page 259, item 28. Attendance Pilot Program 
New York✅N.Y. Educ. Law § 3209✅N.Y. Educ. Law § 3209✅N.Y. Educ. Law § 3209Transportation reimbursement 
North CarolinaMV N.C.G.S. § 115C-366(a2)MV N.C.G.S. §  115C-366(a2)MV N.C.G.S. § 115C-366(a2)MV N.C.G.S. § 115C-366 (a2)❌ 
North DakotaMV N.D.C.C. § 15.1-19.08MV N.D.C.C. § 15.1-19.08MV N.D.C.C. § 15.1-19.08MV N.D.C.C. § 15.1-19.08❌ 
OhioMV O.R.C. § 3313.64(F) (13)MV O.R.C. § 3313.64(F)(13)MV O.R.C. § 3313.64(F)(13)MV O.R.C. § 3313.64(F)(13)❌ 
Oklahoma❌ 
Oregon✅ Or. Laws 2026, ch. 68, § 3(1)(a), (b)✅ Or. Laws 2026, ch. 68, § 3(3), (4), (5)✅ Or. Laws 2026, ch. 68, § 3(6); § 4(2)(a)(B)✅ Or. Laws 2026, ch. 68, § 3(2)❌ 
Pennsylvania❌ 
Puerto Rico❌ 
Rhode IslandMV 200- RICR-20-30-5.3MV 200- RICR-20-30-5.3MV 200- RICR-20-30-5.3MV 200- RICR-20-30-5.3❌ 
South Carolina❌ 
South Dakota❌ 
TennesseeMV 2024 Tenn. Code § 49-50-1702❌ 
Texas✅ Tex. Educ. Code §§ 25.002, 25.007(b)(1)❌ 
UtahMV Utah State Bd. of Ed. R277-616MV Utah State Bd. of Ed. R277-616❌ 
Vermont✅16 VSA § 1075(e)❌ 
VirginiaMV Va Code § 22.1-3(A)(7)MV Va Code § 22.1-3(A)(7)MV Va Code § 22.1-3(A)(7)MV Va Code § 22.1-3(A) (7)❌ 
Washington✅ 2026 Wash. Sess. Laws ch. 201, § 401(4), (5)✅ 2026 Wash. Sess. Laws ch. 201, § 401(1), (2)✅ 2026 Wash. Sess. Laws ch. 201, § 402(1)(a); § 501(1)(h)✅ 2026 Wash. Sess. Laws ch. 201, § 501HSSP 2026 Wash. Sess. Laws ch. 201, §§ 801-802
West VirginiaMV W. Va. Code R. § 126-92-6❌ 
Wisconsin❌ 
Wyoming❌