Enrolling Displaced Children in School

What is the McKinney Vento Act?

The McKinney–Vento Homeless Assistance Act of 1987 (42 U.S.C. § 11301 et seq.) is a federal law that deals with, among other things, providing education to homeless children. Most public schools receive money through the McKinney-Vento Act and must follow it.

 

Who is covered by McKinney-Vento? 

The definition of “homeless” is defined as children who lack a fixed or adequate nighttime residence.

This can include children who:

• Are living with others due to loss of housing, economic hardship, or a similar reason;
• Are living in temporary housing due to the lack of alternative options;
• Are living in emergency or transitional shelters;
• Are abandoned in hospitals;
• Regularly spend nights in a public or private place that is not intended for regular sleeping (i.e. outdoors or other public spaces);
• Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 
• Migratory children who are living in the above-described circumstances 

 

What protections does McKinney-Vento provide? 

Under the McKinney-Vento Act, schools must make sure that homeless children have equal access to the same public education, including a public preschool, as other children. Homeless students may not be separated from the regular school environment. 

Each school system is required to have a local liaison. A local liaison is responsible for identifying homeless kids, under the Act, and ensuring that they get enrolled and that services are provided to them. 

 

What is the school of origin? 

Where can the children enroll?

The child can either stay enrolled at their school or origin, or enroll in any public school in the school zone where the child is currently living.

The school board will determine if it is in the child’s best interest to enroll in the school requested by the child’s parent or guardian. If the school denies the parent or guardian’s request, the school must provide a written explanation of its reasons.

 

What steps should a parent or guardian take if the school will not enroll the child?

If the school of origin will not allow the child to stay enrolled, or if the new school will not enroll the child, the steps are the same.

• Ask the school who the McKinney-Vento liaison is. This information may be on the school’s website.

• If that doesn’t quickly resolve the issue, contact the school board or contact an attorney who handles education cases.

 

Appeals under McKinney-Vento 

You may have a right to appeal the school’s decision under the McKinney-Vento Act.  If a dispute arises over enrollment, the school board must immediately enroll the child, pending final resolution of the dispute, including all available appeals. The student should be fully enrolled during this time and should enjoy full access to all programs and services.  

 

Does the school have to provide any other services to children identified under the McKinney Vento Act?

Yes. The school is required to provide transportation to and from school of origin (bus, van, taxi, Uber voucher, etc.) or mileage reimbursement.

The school is also required to provide appropriate services, including special education (if eligible), free lunch, school supplies and educational material, hygiene products, eye exams and glasses, clothing and shoes, referrals to community agencies (including food banks, housing, medical, dental and mental health, immunization referrals, assistance with collecting documentation), help with program costs and school fees, referral and coordination with before and after school tutoring.