McKinney-Vento Information

The McKinney Vento Homeless Education Assistance Program protects the right of homeless children and youth to receive a free and appropriate public education. Under the law, no student shall be stigmatized by school personnel due to homelessness.

Who are Homeless Children and Youth?

Under the McKinney-Vento Act, the term “homeless children and youths” means individuals who lack a fixed, regular, and adequate nighttime residence and includes children and youths:

• Who are sharing the housing of others due to loss of housing, economic hardship, or a similar reason;
• Who are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
• Who are living in emergency or transitional shelters;
• Who are abandoned in hospitals;
• Who are awaiting foster care placement;
• Who have a primary nightime residence that is public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
• Who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
• Who are migratory children who live in one of the above circumstances

Who are Unaccompanied Youth?

The term unaccompanied youth includes a youth, not in the physical custody of a parent or guardian. This would include runaways living in runaway shelters, abandoned buildings, cars, on the streets, or in other inadequate housing; children and youths denied housing by their families (sometimes referred to "throwaway children and youths"); and school-age unwed mothers living in homes for unwed mothers because they have no other housing available.

• In determining whether or not a child or youth is homeless, consider the relative permanence of the living arrangements. Determination of homelessness should be made on a case-by-case basis.
• 
  
  

The McKinney-Vento Act (Section 725) specifies and protects the rights of children and youth in homeless situations. Highlights include:

• Immediate Enrollment – The right to be enrolled immediately in school, without immunization or academic records, and birth certificate, regardless of district policy.
• Transportation – Students in highly mobile or homeless situations are entitled to transportation to and from the school of origin, if it is feasible, in the student’s best interest, and requested by the parent, guardian, or unaccompanied youth.
• Services – Students experiencing homelessness are entitled to the same programs and services that are available to other children in the District, such as gifted and talented education, special education, vocational education, English Language Learner services, and tutoring. Students are automatically eligible for Title I services and Districts must set aside funds as necessary to provide services.
• Homeless Student School Choice - Students who are experiencing homelessness have the right to attend school in their school of origin or in the school in the attendance area where the family or youth is currently residing. School of origin is defined as the school in which the child/youth was enrolled when they became homeless or the school in which the child/youth was last enrolled. The campus a child attends is determined by which campus can serve the best interests of the child. In Texas, a student experiencing homelessness may enroll in any district they choose, regardless of the location of their residence, school of origin, or attendance zone campus.
• Dispute Resolution – If problems arise between the school and parents or between districts, the parent shall be referred to the school’s homeless liaison. In the meantime, the student must remain in school and receive transportation.

What living situation is considered homeless under McKinney-Vento?

• • sharing the housing of others due to loss of housing or economic hardship
  • living in motels, hotels, trailer parks, or camping grounds
  • living in emergency or transitional shelters
  • living in cars, parks, public spaces, abandoned buildings, or substandard housing.

• • Receive a free, appropriate public education
  • Enroll in school immediately even if lacking documents normally required for enrollment
  • Enroll in school and attend classes while the school gathers important documents
  • Enroll in the local school or continue attending their school of origin, if preferred
  • Receive transportation to and from school of origin, if requested
  • Receive educational services comparable to those provided to other children, according to your children’s needs