McKinney-Vento-Homeless Assistance Act
The McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 United States Code
§11431-11435) is federal legislation that ensures the educational rights and protections of children and youth experiencing homelessness. It requires all local educational agencies (LEAs) to ensure that homeless students have access to the same free, appropriate public education, including public preschools, as provided to other children and youth. The McKinney-Vento Act defines LEAs as public school districts, direct-funded and locally funded charter schools, and county offices of education. The McKinney-Vento Act also authorizes the funding for the federal Education for Homeless Children and Youth Program.
Your child or children have the right to:
Immediate enrollment in the school they last attended (school of origin) or the local school where you are currently staying, even if you do not have all the documents normally required at the time of enrollment.
Continue to attend their school of origin, if requested by you, and it is in the best interest.
Receive transportation to and from their school of origin, the same special programs and services, if needed, as provided to all other children, including free meals and Title I.
Participate in and have access to the same programs and services that are available to other students.
Receive the full protections and services provided under all federal and state laws, as it relates to homeless children, youth, and their families.
Determining Eligibility for McKinney-Vento Services: Under the McKinney-Vento Act, school district liaisons are required to identify students experiencing homelessness. The law considers students who lack a nighttime residence that is fixed, regular, and adequate to be homeless.
(2)(A)Most children in foster care are not protected under the McKinney-Vento Act,1 however, children awaiting foster care placement are.
(2)(B) McKinney-Vento eligibility determinations should be made on a case-by-case basis, and school district liaisons should consider the unique
circumstances of the student when making such determinations. Students eligible under the McKinney-Vento Act are entitled to continued enrollment in the same school and transportation to that school of origin, or immediate enrollment in the local school.
(3) Most students who have been directly placed will likely be eligible under the McKinney-Vento Act, at least initially, because their housing typically is not “regular.” In other words, when the child is first directly placed with the relative, there often is some question as to whether the housing arrangement will be a long-term, consistent housing arrangement. See National Center for Homeless Education, “Determining Eligibility for Rights and Services Under the McKinney-Vento Act,” available at http://center.serve.org/nche/downloads/briefs/
If the McKinney-Vento liaison determines that the student is eligible, it is recommended that the liaison re-examine the determination at the end of the school year and consider whether the relative has taken steps, for example, to obtain permanent custody or guardianship, become a foster parent, or demonstrate in some other way that he/she is committed to providing the child with permanent housing.
Note that the McKinney-Vento Act does not have a time limit as to a student’s eligibility as homeless. In addition to considering the regularity of the child’s housing arrangement, McKinney-Vento liaisons are encouraged to consider the following factors when making eligibility determinations:
the length of time the child is expected stay with the relative,
the adequacy of the living situation (whether it meets the child’s physical and psychological needs),
the relative’s intent to care for the student, and
the student’s “permanency planning goal”2 as outlined by the child welfare agency.
1) Students in foster care are protected under the Fostering Connections to Success and Increasing Adoption Act which offers similar protections to the McKinney-Vento Act. For more information about Fostering Connections, please see http://nysteachs.org/media/
2) If a child has been directly placed with a relative and a court has ordered that the child welfare agency provide supervision, the agency must develop a permanency planning goal for the child. (All children in foster care must also have permanency plans.) In the overwhelming majority of cases, the initial permanency planning goal is that child be returned to his or her parent after the parent receives the services he/she needs.
See e.g., NYS Office of Children and Family Services, Administrative Directive, “Planning for a Successful Adulthood: Another Planned McKinney-Vento liaisons are strongly encouraged to collaborate with child welfare agency staff, as such collaboration is vital to ensuring educational stability and continuity for students in direct placements.