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Legal Briefs

Who is homeless?

Any child or youth (Pre-K-12th grade) who lacks a fixed, regular, and adequate nighttime residence:

• Living in emergency or transitional shelters, FEMA Trailers, abandoned in hospitals

• Sharing in the housing of others due to loss of housing, economic hardship or a similar reason; doubled-up

• Living in cars, parks, temporary trailer parks, or campgrounds, due to a lack of alternative adequate accommodations, public spaces, abandoned buildings, substandard housing, bus or train stations, public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings

• Living in hotels or motels

• Awaiting foster care

Unaccompanied Youth

Any child or youth who meets the definition of an individual experiencing homelessness and is not in the physical custody of a parent or guardian.

Process

School Selection:

• Children and youth experiencing homelessness can stay in their school of origin or enroll in any public school that students living in the same attendance area are eligible to attend, according to their best interest.

  • School of Origin-is the school attended by student when permanently housed or last enrolled

  • Best interest– keeps the student in the school of origin unless against the request of parents or guardian

• If a student is sent to a school other than that requested by a parent or guardian, the district must provide a written explanation to the parent of its decision and the right to appeal.

Enrollment:

The Term “enroll” and “enrollment” include attending classes and
participating fully in school activities.

• Have the right to enroll in school immediately, even if they do not have required documents, such as school records, medical records, proof of residency, or other documents

• Enrolling schools must obtain school records from previous school and students must be enrolled while obtaining records.

• Federal law supersedes state and local laws where there is a conflict (U.S. Constitution, Article V).

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Transportation:

• Transportation must be provided to and from the homeless student’s school of origin upon request of parent or guardian.

• In addition, the district must provide students in homeless situations with transportation services comparable to those provided to non homeless
  students.

• School districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness.

Food Service:

• Free breakfast and lunches are available to homeless children if they qualify for McKinney-Vento services.

Unaccompanied Youth:

• District Liaison or designee must be willing to assist the unaccompanied youth to choose and enroll in a school.

• Inform the youth of his/her appeal rights and the rights under the law.

• School personnel must be aware of the specific needs of runaway, homeless youth, and awaiting foster care youth.

Preschool-Aged Children:

• District Liaison must ensure that families and children experiencing homelessness receive a public preschool program.

Legal Briefs

For more information on the McKinney-Vento Act please see the following web pages.

McKinney-Vento Issue Briefs (National Center For Homeless Education

The National Association for the Education of Homeless Children and Youth