Question: Are charters under the McKinley Veto Act?  Are they obligated to accept/enroll homeless students without documentation?

Response:  The McKinley Act is federal law, and the mega-waiver applicable to charters covers only California law, which is why charters have special education obligations, due process obligations, Title 1 money obligations, ADA obligations, Title IX obligations, and the same obligations as does a school district regarding enrollment of undocumented homeless children.  So yes, in our opinion, the McKinley Act does apply . . . if they are homeless, they have rights.

12/10/09