Our high school athletic league is arguing that full participation for McKinney-Vento students includes only junior varsity, and not varsity, play. I contend that students determined to be homeless under McKinney-Vento must be allowed to play at the level they played in their previous school, based on ability (and of course eligibility related to GPA). Am I correct?

Answer: Yes, you are. The McKinney-Vento Act’s provisions on immediate enrollment are clear.

“(C) IMMEDIATE ENROLLMENT-
(i) IN GENERAL.– The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth—
(I) is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or
(II) has missed application or enrollment deadlines during any period of homelessness.” 42 USC §11432(g)(3)(C).

“(1) The terms `enroll’ and `enrollment’ include attending classes and participating fully in school activities.” 42 USC §11434a(1)
The phrase “participating fully in school activities” is the key here.  Unless varsity sports are not a school activity, then there is no legal basis for the argument that immediate enrollment applies only to junior varsity sports. More information is available in our brief “Full Participation in Extra-Curricular Activities for Students Experiencing Homelessness.”

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