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McKinney-Vento
Education for Homeless Children and Youth Program
(as reauthorized by the No Child Left Behind Act of 2001)

The McKinney-Vento Act ensures educational rights and protections for children and youth experiencing homelessness. This document summarizes key provisions for enrolling a homeless child/youth.

School Selection

Homeless children and youth frequently move, so maintaining a stable school environment is critical to their success in school. To ensure this stability, the legislation requires that LEAs (Local Education Authority) make school placement determinations on the basis of the "best interest" of the homeless child or youth. [Sec. 722(g)(3)(A)] In determining "best interest," an LEA must, to the extent feasible, except when doing so is contrary to the wishes of the parent or guardian: [Sec. 722(g)(3)(B)(i)]

• Continue the child’s or youth’s education in the school of origin
  
  
  • for the duration of homelessness if a family becomes homeless between academic years or during an academic year [Sec. 722(g)(3)(A)(i)(I)]; or
    
    
  • for the remainder of the academic year if the child or youth becomes permanently housed during the academic year. [Sec. 722(g)(3)(A)(i)(II)] Or
    
    
• Enroll the child or youth in any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.
  
  
• If the LEA sends the child/youth to a school other than the school of origin or the school requested by the parent or guardian, the LEA must provide written explanation to the parent or guardian, including the right to appeal under the enrollment disputes provision. [Sec. 722(g)(3)(B)(ii)]
  
  
• In the case of an unaccompanied youth, the LEA homeless liaison must assist in placement/enrollment decisions, consider the youth’s wishes, and provide notice to the youth of the right to appeal under the enrollment disputes provisions (see below). [Sec. 722(g)(3)(B)(iii)]
  
  
  • The choice regarding placement must be made regardless of whether the child or youth resides with the homeless parent or has been temporarily placed elsewhere. [Sec. 722(g)(3)(F)]

Enrollment

The school selected shall immediately enroll the child/youth in school, even if the child or youth lacks records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation. [Sec. 722(g)(3)(C)(i)]

• The terms "enroll" and "enrollment" includes attending classes and participating fully in school activities. [Sec. 725(3)]
  
  
• The enrolling school must immediately contact the last school attended to obtain relevant academic and other records. [Sec. 722(g)(3)(C)(ii)]
  
  
• If a child or youth lacks immunizations or immunization or medical records, the enrolling school must refer parent/guardian to the liaison, who shall help obtain necessary immunizations or immunization or medical records. [Sec. 722(g)(3)(C)(iii)]

Dispute Resolution

If a dispute arises between a school and parents or guardians over school selection or enrollment, the LEA must immediately enroll the child or youth in the school in which the parent or guardian seeks enrollment, pending resolutions of the dispute. [Sec. 722(g)(3)(E)(i)]

• A written statement of the decision and the appeal rights must be provided to the parent or guardian. [Sec. 722(g)(3)(E)(ii)]
  
  
• The LEA must refer the child, youth, parent or guardian to the LEA liaison, who must expeditiously carry out the dispute resolutions process as described in the State plan. [Sec. 722(g)(3)(E)(iii)]
  
  
• Similar protections apply to unaccompanied youth. [Sec. 722(g)(3)(E)(iv)]

Prohibiting Segregation

An LEA may not educate homeless children and youth in settings in which they are segregated from non-homeless students, but must mainstream them into the regular school environment. [Sec. 722(g)(1)(i)]

• LEAs may segregate homeless students from other students only as necessary for short periods of time (a) for health or safety emergencies, or (b) to provide temporary, special, and supplementary services to meet the unique needs of homeless students. [Sec. 723(a)(2)(B)(ii)]

Transportation

The State and its LEA are required to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin.

• In addition, LEAs must provide services to homeless children and youth that are comparable to those received by other students in the school selected; including transportation (see comparable services, below). [Sec. 722(g)(4)]

Comparable Services

Children and youth are to be provided services comparable to those received by other students in the school selected, including

• Transportation services, and
  
  
• Education programs for which students meet eligibility criteria, such as:
  
  
  • services provided under Title I or similar state or local programs;
    
    
  • programs for students with disabilities;
    
    
  • programs for students with limited English proficiency;
    
    
  • vocational or technical programs;
    
    
  • gifted and talented programs; and
    
    
  • school nutrition programs. [Sec. 722(g)(4)]

Definitions

Sections 722 and 725 of the McKinney-Vento Act define the following terms:

• Homeless children and youth means individuals who lack a fixed, regular, and adequate nighttime residence, which includes:
  
  
  • children and youth who are
    
    
    • sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
      
      
    • are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;
      
      
    • are living in emergency or transitional shelters;
      
      
    • are abandoned in hospitals; and
      
      
    • are awaiting foster care placement;
      
      
  • children and youth who have a primary nighttime residence that is a private or public place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
    
    
  • are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
    
    
  • are migratory children who qualify as homeless because they are living in circumstances described above. [Sec. 725]
    
    
• Unaccompanied youth includes a youth not in the physical custody of a parent or guardian.
  
  
• Enroll and enrollment includes attending classes and participating fully in school activities. [Sec. 725(3)]
  
  
• School of Origin means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. [Sec. 722(g)(3)(G)]

Related...

• McKinney Vento page ... brochure, eligibility, residency and services, transportation.

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