Frequently Asked Questions

Yes. Every school district must designate a liaison for children and youth experiencing homelessness. The McKinney-Vento Act requires school district liaisons to ensure that “homeless children and youths are identified by school personnel and through coordination with other entities and agencies.” The purpose of identification is to offer appropriate services to the family, child or youth. Coordination with schools and community agencies is an essential identification strategy, as are professional development, awareness and training activities within school buildings and school districts.

The McKinney-Vento Act states that children and youth who lack “a fixed, regular, and adequate nighttime residence” will be considered homeless. The Act does not define those terms. However, the following definitions may provide guidance:

1. Fixed: Securely placed or fastened; Not subject to change or fluctuation. (Merriam-Webster’s Collegiate Dictionary, Tenth Edition.) A fixed residence is one that is stationary, permanent, and not subject to change.
2. Regular: Normal, standard; Constituted, conducted, or done in conformity with established or prescribed usages, rules, or discipline; Recurring, attending, or functioning at fixed or uniform intervals. (Merriam-Webster’s Collegiate Dictionary, Tenth Edition.) Consistent. (Ballentine's Law Dictionary, 3rd Edition.) A regular residence is one which is used on a regular (i.e., nightly) basis. (e.g., Arizona, Massachusetts and Michigan McKinney-Vento State Plans, 2002.)
3. Adequate: Sufficient for a specific requirement; Lawfully and reasonably sufficient. (Merriam-Webster’s Collegiate Dictionary, Tenth Edition.) Fully sufficient; Equal to what is  required; Lawfully and reasonably sufficient. (Ballentine's Law Dictionary, 3rd Edition.) An adequate residence is one that is sufficient for meeting both the physical and psychological needs typically met in home environments. (e.g. Arizona, Massachusetts and Michigan McKinney-Vento State Plans, 2002.) International law defines adequate as follows: “Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost.” International Covenant on Economic, Social and Cultural Rights, General Comment 4, paragraph 7 (1991), citing Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000.

No, there is no specific time limit on homelessness. Whether a child or youth meets the definition of homelessness depends upon the living situation and the individual circumstances. It is a case-specific inquiry. Due to the extremely limited incomes of most families experiencing homelessness (on average, less than half the federal poverty line) and the severe shortage of affordable housing across the country, experiences of homelessness can sometimes last an extended period of time.

Under some circumstances, yes. Under the McKinney-Vento Act, children and youth who live in trailer parks are covered by the Act if they live in the trailer park “due to the lack of alternative adequate accommodations.” Therefore, whether children and youth living in trailer parks are covered by the Act is a case-by-case determination to be made by the local liaison, in light of the family's circumstances. The liaison will need to consider the adequacy of the trailer home, including the number of people living in the trailer, the condition of the trailer, and the availability of running water, electricity, and other standard utilities. If the trailer is inadequate, it should be considered a homeless situation. The relative permanence of the living situation must also be examined: if the family is living in the trailer temporarily, they are likely to be covered by the Act.

In many circumstances, yes. Children and youth who are sharing the housing of others due to loss of housing, economic hardship, or a similar reason are covered by the McKinney-Vento Act. Families who share adequate housing due to cultural preferences or convenience would not be covered by the Act. Also, families who are sharing housing on a permanent basis are unlikely to be covered by the Act.

Yes. The McKinney-Vento Act specifically applies to children and youth living in transitional shelters. This term includes transitional housing programs and transitional living programs. State Coordinators are also required to “coordinate and collaborate with… providers of services to homeless and runaway children and youths and homeless families (including… transitional housing facilities, …and transitional living programs for homeless youths).” A federal court affirmed that transitional 4 housing programs are covered by the McKinney-Vento Act.

The McKinney-Vento Act specifically covers children awaiting foster care placement. However, the Act does not define that phrase. Before attempting to apply the McKinney-Vento Act to children and youth in state custody, educators and advocates should consult their state laws, regulations and policies (both education and social services) to see if they contain authority for keeping foster children in their schools of origin, providing transportation, and/or requiring immediate enrollment. State or local social services officials and child welfare attorneys will have access to social services laws and policies.

When interpreting the McKinney-Vento Act phrase “awaiting foster care placement,” state coordinators and school district liaisons should collaborate with state and local social services agencies to advocate for educational services that support the educational needs of individual students. Generally speaking, the definition must apply to children and youth “who lack a fixed, regular, and adequate nighttime residence.” Collaboration between education and social services agencies is imperative. School district liaisons, social services personnel, and advocates should engage in a local dialogue on this issue, to agree upon categories of out-of-home placements that fall within the statute. Educators and social services personnel should engage the assistance of attorneys from many specialties, including legal aid, education, social services, and guardians ad litem. Communities that have worked collaboratively and systemically have achieved success in applying the McKinney-Vento Act appropriately to children and youth in state custody. 

No. Children and youth who are incarcerated for violation or alleged violation of a law should not be considered homeless. Incarcerated children and youth are part of the juvenile justice system and subject to the requirements and regulations thereof. However, children and youth residing in shelters or other homeless situations after leaving detention centers are covered by the Act. U.S. Department of Education, Draft Nonregulatory Guidance on the Education of Homeless Children and Youths Program (March 2003).

The McKinney-Vento Act applies to children and youth age 21 and under, consistent with their eligibility for public education services under state and federal law. State laws vary, but generally provide access to all students until high school graduation or equivalent, or until age 18 (or over in some states). For special education students, federal law provides the right to access services until age 22.

Families and youth in homeless situations frequently will not identify themselves as such. This may be due to the stigma and prejudices associated with homelessness or because the youth or family does not recognize that the living situation would be considered a homeless situation under the McKinney-Vento Act. Indeed, most families and youth are likely unaware of the McKinney-Vento Act. Therefore, schools must ensure that families and youth are aware of the Act, who it covers, and what it provides. The Act requires school districts to disseminate public notice of the education rights of children and youth in homeless situations where such children and youth receive services, such as schools, family shelters, and soup kitchens. Identification and outreach techniques must be administered sensitively and without stigma, to create an environment in which families, children and youth will be comfortable seeking support. Once a school has sensitively and discretely explained the rights available under the McKinney-Vento Act, families or youth may choose not to take advantage of McKinney-Vento services, at their discretion.

Generally, no. The Act’s definition of homelessness centers on the student’s living arrangement. There are no specific income limits in the definition. Income is vaguely referenced in the context of children and youth “sharing the housing of others due to loss of housing, economic hardship, or a similar reason.” Therefore, in determining whether shared housing meets the Act’s definition, it may be appropriate to consider the family’s or youth’s financial resources. Statistically, the mean income of families experiencing homelessness is less than half the federal poverty line.

Yes. Every school district must designate a liaison for students experiencing homelessness. One of the liaisons duties is to identify children and youth who meet the statutory definition of homeless. School districts must enroll students experiencing homelessness immediately. If, after enrollment, it is determined that a student is not homeless as defined in the law, school districts should follow the policies that are in place to address other forms of fraud. Written notice should be given to the parent, guardian, or youth, including his or her right to appeal the decision. Over the past 17 years, documented cases of families falsely claiming to be homeless have been extremely rare; the few cases that have been documented were resolved quickly at the district level.

At this time, the education definitions apply only for educational purposes. The U.S. Department of Housing and Urban Development (HUD) and other agencies have adopted their own definitions, which are narrower than the education definition. For example, families sharing housing and many families staying in motels are not considered homeless by HUD and cannot 6 access HUD Emergency Shelter Grant services for homeless persons. However, these families can access HUD funds that are targeted to low-income individuals. Educators and advocates should approach their HUD Continuums of Care to seek such funding and support. In fact, the McKinney-Vento Act requires states and school districts that receive McKinney-Vento funds to coordinate with state and local housing agencies and other service providers to minimize educational disruption for children and youth who become homeless.

Yes, migrant students are covered by the Act if they are living in a homeless situation.

No, not if they are covered by the McKinney-Vento Act. Undocumented students have the same right to public education as U.S. citizens. Therefore, the McKinney-Vento Act applies to them in the same way it would apply to any student: if the student meets the definition of homeless, he or she must be enrolled in school immediately, even if lacking proof of guardianship. The McKinney-Vento Act does not apply to immigrant students who live in a fixed, regular and adequate residence.

Yes. The McKinney-Vento Act requires every local educational agency to “designate an appropriate staff person” to serve as liaison.

The McKinney-Vento Act specifies the duties of liaisons, as follows: identify homeless children and youth; ensure that children and youth experiencing homelessness enroll in, and have a full and fair opportunity to succeed in, school; ensure that families, children and youth receive educational services for which they are eligible, including Head Start, Even Start and other public preschool programs, and referrals to health care, dental, mental health and other appropriate services; inform parents and guardians of the educational and related opportunities available to their children and provide them with meaningful opportunities to participate in that education; disseminate public notice of educational rights; ensure that enrollment disputes are mediated; inform families and youth about transportation services and assist them in accessing transportation.

Students must be allowed to attend their school of origin "to the extent feasible." [School of origin is defined as the school the student attended when permanently housed, or the school in which the student was last enrolled.] Changing schools significantly impedes students’ academic and social growth. The literature on highly mobile students indicates that it can take a student four to six months to recover academically after changing schools. Many studies also have found highly mobile students to have lower test scores and overall academic performance than peers who do not change schools. Therefore, the McKinney-Vento Act calls for school districts to maintain students in their school of origin to the extent feasible, unless that is against the wishes of the parent of guardian. Students have the right to attend the school building of origin; this provides continuity of instruction, teachers, and peers. Considerations for changing schools, other than as a result of a parent, guardian or unaccompanied youth’s wishes, must be based on a student-centered, individualized determination. Factors that may be considered include: the age of the child or youth; the impact the commute may have on the student’s education; personal safety issues; the students’ need for special instruction; length of anticipated stay in temporary shelter or other temporary location; and time remaining in the school year. There may be other student-centered factors not enumerated here that will help determine feasibility. Above all, feasibility is a child-centered decision. 

Yes. Students have the right to remain in the school of origin for the duration of homelessness. In addition, if a student moves into permanent housing during the school year, the student can finish that academic year in the school of origin.

School of origin is defined as the school the student attended when permanently housed, or the school in which the student was last enrolled. In the situation described, the family or youth can choose either the school near the initial temporary housing (the school in which the student was last enrolled) or the school the student attended when permanently housed.

The McKinney-Vento Act does not assign financial responsibility. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts’ obligation to provide education and transportation. Inter-district disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. If there are no state policies to address fiscal responsibility, it may be reasonable for the district receiving state and federal funds for the student to retain financial responsibility.

For transportation, if two districts are involved, they must agree upon a method to apportion the cost and responsibility of transportation, or split it equally. States should develop a system to assist with inter-district transportation issues, including disputes between districts regarding apportioning costs and responsibility. The state attorney general’s office may also be able to assist. Establishing inter-district transportation procedures and formalized agreements will be essential to ensure that transportation is arranged quickly for students. 

Yes. Since the McKinney-Vento Act is a federal law, it applies as in any other situation. Therefore, the student must be placed in the school of origin, unless that is against the parents'/guardians' wishes or is not feasible. Crossing state lines is not inherently unfeasible. In many border communities, mobility across state lines is common. It is also not uncommon for homelessness to force families across state lines, as the closest available shelter may be in a neighboring state. Schools must conduct the standard feasibility inquiry, based on the needs and circumstances of the individual student. Communication among the involved State Coordinators and liaisons can facilitate the provision of services.

Yes. The law applies as in any other situation: the student has the right to remain in the school of origin unless it is not feasible. That the student missed a period of schooling does not in itself make attending the school of origin unfeasible. For example, it may be better for the child to return to a familiar school, teachers and peers, to make up for lost time and to reintegrate smoothly into school.

Sometimes a student in a homeless situation will enroll in a new school, because the parent/guardian or unaccompanied youth was not informed of the student’s right to remain in the school of origin. In that case, does the student still have the right to go back to the school of origin?

Yes. If parents or youth are not informed of their rights, then the school district must enroll the student in the original school of origin, consistent with the parent’s or youth’s wishes (and feasibility). The school district is required to inform families of their rights. Not knowing one’s rights does not mean not having the rights.

The school district should follow the McKinney-Vento Act. Generally, desegregation orders predate the McKinney-Vento Act or simply did not consider the Act. However, the rights conferred by the Act must be protected. If this becomes a significant issue, the school district may want to petition the court to amend the desegregation order to account for the McKinney-Vento Act. 

The McKinney-Vento Act requires school districts to provide transportation for students experiencing homelessness in three situations. First, school districts must provide transportation to the school of origin upon the request of a parent or guardian, or in the case of an unaccompanied youth, upon the request of the liaison. That is true regardless of whether the district provides transportation for other students or in other circumstances. Second, for other transportation (as opposed to the school of origin), the McKinney-Vento Act requires districts to provide transportation comparable to that provided to housed students Therefore, if the district transports housed students to the local school or to a summer program, it must also transport students experiencing homelessness. Finally, school districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness. For example, if a student is living on or near an extremely busy intersection, in a very dangerous neighborhood, or is otherwise unable to attend school without transportation, the district must eliminate lack of transportation as a barrier to the child attending school. 

The McKinney-Vento Act does not specify any mileage or time limit for travel to the school of origin. The Act requires school districts to provide transportation to the school of origin at the request of a parent or guardian or, for unaccompanied youth, at the liaison’s request. Therefore, whenever a student is attending the school of origin, transportation is required. A commute so lengthy as to be harmful to the child’s educational achievement will weigh against placement in the school of origin. This determination will depend on the student’s circumstances. For example, a lengthy commute that may be harmful to a young child may be feasible for an older youth. Similarly, in many rural areas, lengthy commutes to school are common; the commute of a child experiencing homelessness in such an area would need to be evaluated in that context. Therefore, transportation services must rest on the individualized feasibility determination, not blanket limits. State or school district policies that establish blanket limits on transportation violate the McKinney-Vento Act. The federal law supersedes these contrary state or local policies.

Yes. As long as attendance at the school of origin is feasible, transportation is required, even if it requires students to cross district lines. If two districts are involved, they must agree upon a method to apportion the cost and responsibility of transportation, or split it equally. States should develop a system to assist with inter-district transportation issues, including disputes between districts regarding apportioning costs and responsibility. The state attorney general’s office may also be able to assist. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts’ obligation to provide transportation. Inter-district disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. Establishing inter-district transportation procedures will be essential to ensure that transportation is arranged quickly for students. 

The McKinney-Vento Act first gives school districts and states the ability to agree upon a method to apportion cost and responsibility. The Act further states that in the absence of agreement, the two districts must apportion cost and responsibility equally. However responsibility is divided, students must be provided with transportation without delay. In practice, states may wish to designate either the district of origin or the district of residence as the lead agency, to avoid any delays in initiating services while such disagreements are resolved. Any such delays would violate the McKinney-Vento Act’s requirement that students be immediately enrolled in the selected school.

The states may call the USDE for technical assistance in resolving the dispute. The state attorney general’s office also may be able to assist. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts’ obligations to provide transportation. Inter-state disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. Establishing inter-state transportation procedures will be essential to ensure that transportation is arranged quickly for students. Communication among the involved State Coordinators and liaisons can facilitate the provision of services.

Yes. School districts may reimburse parents or youth who have cars and are able to provide transportation, as a cost-effective means to meet the district’s obligation.

Generally, no. The McKinney-Vento Act does not require door-to-door transportation, unless that is the only appropriate arrangement for a particular student. For example, if a student is living on or near an extremely busy intersection, it may not be appropriate to expect the child to cross the intersection. The mode and details of transportation cannot present a barrier to the child’s attendance in school.

Yes, if the public transportation is appropriate. For example, young children cannot be expected to use public transportation alone. In such cases, school districts should provide transit passes for an adult caregiver to escort the child, or provide another form of transportation. Similarly, if traveling to a school of origin on public transit requires an unreasonable length of time, another mode of transportation may be required. The mode and details of transportation cannot present a barrier to the child’s attendance in school. 

Generally, no. The McKinney-Vento Act requires schools to provide comparable transportation services for students in homeless situations. If the school does not provide transportation to summer school for housed students, then it is generally not required to provide transportation to homeless students. However, if attendance in summer school is required for the student to pass to the next grade, and lack of transportation will prevent the child from participating, that presents a barrier to the student’s academic success. The district must remove that barrier, so the student can avoid being retained in the same grade.

Yes, to the extent it would be required if there were no dispute. While disputes are pending, students must be enrolled in the school in which they are seeking enrollment. If that school is the school of origin, the school district(s) involved must provide transportation. If that school is the local school, transportation must be provided to the extent it is provided to housed students, and to the extent necessary to ensure it is not a barrier to attendance. These provisions apply whether the dispute is about school enrollment, school selection, or whether the child or youth is homeless under the McKinney-Vento Act.

Yes. Since the McKinney-Vento Act is a federal law, it applies as in any other situation. Therefore, if the student is attending the school of origin, transportation must be provided at the parent’s/guardian’s request or at the liaison’s request, in the case of an unaccompanied youth. Communication among the involved State Coordinators, liaisons and transportation directors can facilitate the provision of transportation.

Such a state law would not violate the McKinney-Vento Act. School districts would still have to continue to provide transportation to the school of origin at the request of parents, guardians, or liaisons (in the case of unaccompanied youth), while complying with the new state transportation law.

The McKinney-Vento Act requires schools to enroll students experiencing homelessness immediately, even if the student is unable to provide documents that are typically required for enrollment. Enroll means permitting the student to attend classes and participate fully in school activities. Although the Act does not define immediate, the standard dictionary definition is “without delay.” Therefore, the student must begin attending classes and participating fully in school activities without delay. Generally, that would mean the same or the following day.

No. Schools may not require verification of proof of residency as a condition of enrollment. Due to their living situations, it frequently will be impossible for families and youth experiencing homelessness to provide such verification. Further, schools must not contact the landlords of host families to discuss living arrangements. Residence information provided by parents or youth to schools is part of the student’s educational records and protected by federal privacy laws. Such contact could also lead to eviction of the host family. However, the Act does not prohibit schools from requiring parents, guardians, or youths to submit emergency contact information. 

The McKinney-Vento Act requires immediate enrollment, even if typically required documents cannot be produced. Therefore, the school must enroll the child in kindergarten immediately and work with the family to obtain acceptable proof of age. Many types of documents can be accepted to prove age, including medical records, baptismal certificates, or a simple statement of age signed by the parent or guardian. 

The McKinney-Vento Act requires immediate enrollment, even if students are unable to produce immunization or other medical records, recognizing that families and youth who are homeless are frequently unable to obtain and keep copies of records. The vast majority of homeless students have been enrolled in school before and have had required immunizations. These records should be a part of their school records. Since the enrolling school is required to contact the previous school for records, the information should be available quickly. The enrolling school and the liaison should work together to get immunization records as soon as possible. If a student has not had immunizations, initial doses should be administered as soon as possible, unless the student has a philosophical, religious, or medical exemption. It is accepted practice in most states and in the public health community that some children will not be immunized for these reasons. It is recognized among public health practitioners that the fact that most students are immunized prevents serious outbreaks from occurring. Should an outbreak of illness occur, the 13 same procedures used to protect unimmunized children can be used to protect students whose immunization records have not yet been obtained.

The enrolling school must immediately admit the student and must contact the previous school for records. If the records cannot be transmitted immediately, the enrolling school can speak with staff from the previous school to get basic information about the student. Former teachers, counselors and administrators should be able to provide this information.

Yes. The Federal Education Rights and Privacy Act (FERPA) is a federal law that protects the privacy of educational records. Generally, FERPA requires schools to have written permission from a parent before releasing any information from a child’s records. However, FERPA allows schools to release records without a parent’s permission to schools to which a student is transferring.

No. That school would be creating a barrier to the enrollment and retention of the child in school, which violates the McKinney-Vento Act

The enrolling school must immediately admit the student and must contact the previous school for records. If the records cannot be transmitted immediately, the enrolling school can speak with staff from the previous school to get basic information about the student. Former teachers, counselors, and administrators should be able to provide this information. The enrolling school can also get information regarding class schedules from parents and youth. The school can also establish procedures for conducting a quick assessment of the student’s skills. Even if records are delayed, the student must be enrolled in school and provided the most appropriate services possible immediately. Upon receipt of previous school records, the school can make any necessary adjustments to the student’s classes and services.

The McKinney-Vento Act requires schools to identify and remove all barriers to enrollment and retention in school for children and youth in homeless situations. Zero tolerance rules for absenteeism can be such barriers, particularly when they result in class failures, exclusion from school, or court involvement. Frequently, students in homeless situations will miss school due to their living situations. Absences caused by homelessness should not be counted against students. The McKinney-Vento Act requires that zero tolerance rules address the realities of homelessness and not create a barrier to enrollment and retention in school.

Youth in homeless situations are entitled to immediate enrollment in the school of origin or "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." Therefore, if the alternative school serves other youth living in the same attendance area, and the youth meets the attendance criteria for the alternative school, he must be allowed to enroll. Limits on enrollment timing conflict with the immediate enrollment requirement of the McKinney-Vento Act and are superseded by the Act. Furthermore, states and school districts must remove barriers to the enrollment and retention of homeless children and youth in schools. This enrollment schedule presents a barrier to enrollment and retention of a youth experiencing homelessness in school, and so should be revised to create an exception for youth experiencing homelessness, who meet the attendance eligibility criteria, but enter the district between enrollment periods.

It is inappropriate to suspect runaway youth of criminal pasts, and it violates the McKinney-Vento Act to require proof of good standing prior to enrollment. Nevertheless, it is important for the school district liaison to gather as much information as possible about the youth’s background for the primary purpose of obtaining appropriate services. If the liaison discovers that the youth has been involved in criminal activity, district policies relating to students with a criminal background would take effect.

The provisions of the McKinney-Vento Act requiring immediate enrollment are even more important in a case of child abduction. If there is legitimate cause for concern, the school should immediately contact the police, children’s protective services, or if possible, the student’s parents, consistent with state law. While law enforcement and/or children’s protective services are conducting their investigations, the safest place for the student is school, rather than isolated with a potential abductor. It is advisable to involve the school counselor or social worker, who can closely monitor the situation.

Yes. Liaisons must make sure that families are aware of the educational and related opportunities available to their children (including transportation) and must post public notice of the education rights of children and youth in homeless situations. Posters, such as the ones provided by the U.S. Department of Education and other readable information translated into languages represented in the community must be placed where homeless families and youth receive services. To comply with the McKinney-Vento Act, the district should train all school 15 enrollment staff, secretaries, school counselors, school social workers, and principals on the legal requirements for enrollment. School nutrition staff, school nurses, teachers, and bus drivers should receive training on homelessness that is specific to their field. For example, school nutrition staff should be knowledgeable about the provisions regarding free lunch under the federal school breakfast and lunch programs. The training should take place on a yearly basis to address staff turnover. This information should be provided in writing, as in a district handbook.

Unaccompanied youth is defined as a youth not in the physical custody of a parent or guardian. The Act does not provide an age range.

The McKinney-Vento Act applies to children and youth age 21 and under, consistent with their eligibility for public education services under state and federal law. State laws vary, but generally provide access to all students until high school graduation or equivalent, or until age 18 (or over in some states). For special education students, federal law provides the right to access services until age 22. 

Yes. Lack of guardianship papers cannot delay or prevent the enrollment of an unaccompanied youth.  States and school districts have established different procedures for enrolling youth. Some permit the youth to enroll himself or herself; some have the liaison handle enrollment; others use caregiver forms to allow adult caregivers to enroll youth. The McKinney-Vento Act requires states and school districts to eliminate barriers to enrollment and retention and to enroll unaccompanied youth in school immediately. School districts may adopt their own policies to meet these mandates.

No. The McKinney-Vento Act requires states to address the problem of guardianship issues in school enrollment and requires school districts to enroll youth in school immediately, even if they lack typically required enrollment documents. The decision to seek legal guardianship is a serious decision that significantly affects the legal rights of the parent and caregiver well beyond the school arena. While that step will be appropriate in some cases, it will not be in others.

States and school districts have established different procedures for educational decision-making. Some permit the youth to make educational decisions on his/her own behalf; some vest the liaison with that authority; others use caregiver forms to allow adult caregivers to make such decisions. The McKinney-Vento Act requires states and school districts to eliminate barriers to 16 enrollment and retention and to enroll unaccompanied youth in school immediately. School districts may adopt their own policies to meet these mandates. It should be noted that the Individuals with Disabilities Education Act (IDEA) has its own rules and procedures for appointing a “surrogate parent” to make special education decisions for minors, where a parent or legal guardian is not available.

State law determines the obligation of a school liaison or service provider concerning unaccompanied youth. The McKinney-Vento Act requires schools to enroll unaccompanied youth in school immediately. Since the Act requires school districts and states to eliminate barriers to enrollment and retention in school, schools should exercise care and concern when contacting social services or law enforcement agencies. Liaisons should work with police and social services to keep the youth in school and to serve the student's best interest, recognizing that most unaccompanied youth have fled abuse or severe dysfunction in their homes. In many cases, unaccompanied youth will be in the care of an adult, and there will be no reason to suspect neglect or abuse. It is likely that state mandatory reporting laws would not require contacting police in such cases. However, if school personnel have a reasonable suspicion of child abuse, state law may require staff to contact local social services or police. If this is the case, a liaison or school counselor should work with the youth to support him or her and avoid casting the school as an agent of punishment. Where state law provides a choice, as most do, schools should contact social services rather than the police. Social services agencies should have the training and facilities to respond more appropriately to such reports.

If an unaccompanied youth has a medical emergency, the school can contact the local emergency room. Medical professionals should be familiar with the rules to treat minors and will respond appropriately to medical emergencies. Liability for injuries is based on a party’s failure to exercise reasonable care. By exercising reasonable care in creating a safe environment and responding appropriately to medical emergencies, the school can help protect itself from liability. In any event, such concerns do not relieve the school of its responsibilities under the McKinney-Vento Act. Indeed, if a school violates the Act by refusing to enroll an unaccompanied youth in school, and the youth is subsequently injured off school grounds, the school could face liability for having turned the youth away. As state laws vary regarding the rights of minors to receive medical care without a parent or guardian, liaisons and other advocates may with to contact the Center on Adolescent Health and the Law or state/local resources for more information.

Most runaway youth, especially those who are on the streets a significant length of time, have fled from abusive homes for their own survival. Some leave home without a parent’s permission; others are forced out of their homes by their parents or guardians. Studies of unaccompanied youth have found that 20 to 50 percent were sexually abused in their homes, while 40 to 60 percent were physically abused. Severe dysfunction in the home is also common. Forty percent of callers to the National Runaway Switchboard identified negative family dynamics as the leading reason for leaving home. For example, over two-thirds of unaccompanied youth surveyed in a recent study reported that at least one parent abused drugs or alcohol. Many young people are not welcome in their parents’ or guardians’ homes due to their sexual orientation or identity, pregnancy, or other types of family conflict. Youth often leave home to remove themselves from an immediately painful situation, but without plans for what to do next. 5,000 runaway youth die every year from assaults, illness, or suicide. Yet many runaway youth continue to value education and the opportunities, safety, and stability it provides. Excluding these youth from school will harm them and society.

With advocacy, yes. Under the Higher Education Act, youth who meet the definition of “independent student” can apply for federal aid without parental information or signature. To be considered independent, a student must be an orphan, a ward of the court, a veteran, a graduate student, married, or have a dependent. A financial aid administrator at a college can also designate a student as independent due to “other unusual circumstances.” Homelessness or separation from parents can be considered an unusual circumstance. McKinney-Vento liaisons and unaccompanied youth have worked with financial aid administrators to have unaccompanied youth designated as independent. Contact the financial aid administrator at the college of your choice for more information. 

With advocacy, yes. Job Corps is a comprehensive residential, education and job training program for at-risk youth, ages 16 through 24. It provides academic, vocational, and social skills training to nearly 70,000 students a year, at 118 different sites. Youth who are homeless are eligible for Job Corps. Although the Job Corps law does not require a parent’s or guardian’s signature for a youth to participate, federal Job Corps policy does. However, Job Corps programs can waive that requirement for youth who have no parent or guardian, cannot find a parent or guardian, or are legally emancipated. The requirement can also be waived for youth whose parents are not willing to sign, as long as they do not object to the youth participating. McKinney-Vento liaisons have used this exception to advocate successfully for unaccompanied youth to participate in Job Corps without a parent’s signature. 

The Runaway and Homeless Youth Act can help youth in many ways. First, it contains a Basic Center Program that supports emergency shelters for up to 15 days for unaccompanied youth under 18 years old. Second, the law supports Transitional Living Programs for youth, which provide long-term housing for up to 18 months and life skills for youth 16-21 years old. Third, the law contains a Street Outreach Program to provide outreach and services to youth on the streets. Lastly, the law funds the National Runaway Switchboard, trainings for youth workers, and other information and supports. Runaway and Homeless Youth Act programs are required to provide youth with information about the McKinney-Vento Act and to collaborate with their local school district liaisons.

Yes. The McKinney-Vento Act requires each state to establish its own procedures to resolve disputes promptly. The Act requires schools to admit students immediately to the school in which they are seeking enrollment, until the dispute is resolved. The school must provide a written explanation of its decision, including information about the right to appeal. The school must then refer the student, parent, or guardian to the district liaison, who must carry out the dispute resolution process as quickly as possible.

No, although it is considered a good practice. The McKinney-Vento Act requires every state to develop a procedure to promptly resolve disputes. Therefore, the state can determine the specifics of the dispute resolution process. The liaison does not have to be the person listening to the grievances; however, liaisons are required to carry out the dispute resolution process, making sure that families and youth are aware of their rights to appeal and are able to access the dispute process.

Yes. The McKinney-Vento Act requires states to ensure that school districts comply with the Act. Without a role in dispute resolution, the state will not be able to ensure compliance. Further, the U.S. Department of Education has outlined dispute resolution procedures which include a state-level appeal. Allowing school districts to resolve disputes without state involvement and oversight would allow barriers to school enrollment and retention to arise, in violation of the McKinney-Vento Act. Finally, state involvement early in the dispute process will be important when inter-district issues arise.

Yes, to the extent it would be required if there were no dispute. While disputes are pending, students must be enrolled in the school in which they are seeking enrollment. If that school is the school of origin, the school district(s) involved must provide transportation. If that school is the local school, transportation must be provided to the extent it is provided to housed students, and to the extent necessary to ensure it is not a barrier to attendance. These provisions apply whether the dispute is about school enrollment, school selection, or whether the child or youth is homeless under the McKinney-Vento Act.

Yes, the McKinney-Vento Act applies to every local educational agency in every state. As with most education laws, the Act applies to states receiving the federal funds.

Yes. States are required to ensure that school districts in the state comply with the McKinney-Vento Act. Therefore, the state can sanction noncompliant school districts by withholding federal funds or other means. Families can also sue school districts in state and/or federal court. Several lawsuits have been filed under the McKinney-Vento Act, including lawsuits in Illinois, Maryland, Alabama, and New York. As a result, school districts have been forced to change their policies and practices and pay significant attorney fees. In addition, the U.S. Department of Education monitors state and school district compliance with the McKinney-Vento Act and could withhold or require repayment of federal funds in cases of noncompliance.

Yes. Enrollment is defined to include attending classes and participating fully in school activities.  Enrichment programs and other supplemental services are school activities. Furthermore, liaisons are required to ensure that children and youth in homeless situations have a full and fair opportunity to succeed in school. Enrichment programs clearly support that requirement. To the extent that individual students experiencing homelessness can benefit from such programs, they must be provided access to the programs.

Yes. The McKinney-Vento Act requires states and school districts to eliminate barriers to school enrollment and retention for children and youth experiencing homelessness. Enrollment is defined as attending school and participating fully in 20 school activities. Sports and other extra-curricular activities are school activities. Courts have determined that school athletic associations are generally considered to be part of the state, due to their close relationship with the state. Therefore, athletic associations must comply with the McKinney-Vento Act’s requirement to remove barriers, by exempting homeless students from sports participation rules that students cannot meet due to their homelessness and mobility, such as attendance rules.

Again, barriers to full participation in school must be eliminated. Fees for extra-curricular activities should be waived, or paid with other funds (such as McKinney-Vento funds or Title I, Part A funds).

The McKinney-Vento Act requires the school to enroll the student immediately. The Act also requires the school district to remove barriers to the student’s retention in school. Since the inability to earn any credit is a disincentive to remaining in school, the school must address that problem. The school must make any necessary adjustments to the student’s schedule to permit the student to obtain partial or pro-rated credit for his or her work.

Student discipline and expulsion rules apply to students in homeless situations in the same way they apply to housed students. However, schools must be careful not to discipline or penalize students for behavior related to their homelessness. For example, a school district policy that issues suspensions for multiple absences must excuse absences caused by homelessness. The failure to provide such exemptions would create a barrier to the retention in school of students experiencing homelessness, in violation of the McKinney-Vento Act.

Yes. The U.S. Department of Agriculture’s Child Nutrition Division issued a policy in 2002 (later enacted into law by the Child Nutrition and WIC Reauthorization Act of 2004) that makes any child, identified as homeless by a liaison or shelter director, automatically eligible for free school meals. They do not have to complete an application. When a liaison or a shelter director provides a child’s name to the local school food service office, free school meals should commence immediately. Some states may also have established policies to support this federal law.

To the extent that such services are available at school, children experiencing homelessness must have access to them. Outside of school, liaisons are required to provide referrals for health, mental health, dental, and other appropriate services in the community. “Other appropriate services” may include housing, shelter, job training, public assistance, food and nutrition, and legal assistance.

Yes. The McKinney-Vento Act clearly and specifically includes preschool programs within its definition of free, appropriate public education.

State plans must describe procedures to ensure that preschoolers experiencing homelessness have access to preschool programs administered by the State. States are to use McKinney-Vento grants in part to provide activities and services for preschoolers in homeless situations, so they can enroll in, attend, and succeed in preschool programs. State coordinators must coordinate with agencies that serve preschoolers, including child development and preschool personnel, to improve the provision of comprehensive services to children.

School district liaisons must ensure that families and children experiencing homelessness can enroll in Head Start and Even Start programs and preschool programs administered by the school district. Districts can also use their McKinney-Vento subgrants to provide early childhood education programs for children in homeless situations, if such programs are not otherwise provided through Federal, State, or local funding.

This depends upon what agency operates the Head Start program. The McKinney-Vento Act applies to state and local education agencies. Therefore, a Head Start program administered by a state or local education agency may be covered by the Act and therefore required to enroll families and children immediately, even without birth certificates or other documents. Head Start bills currently pending in Congress would require all Head Start programs to permit immediate enrollment and to assist families in obtaining necessary documentation.

The U.S. Department of Health and Human Services also issued a policy brief in 1992 encouraging all Head Start programs to comply with many of the McKinney-Vento Act’s requirements. The policy brief further encourages Head Start programs to eliminate barriers to enrolling homeless families, such as reserving spaces for those families, moving them to the top of waiting lists, and conducting outreach activities. 

No. The McKinney-Vento Act prohibits segregating students experiencing homelessness in shelter classrooms, separate schools, or separate programs within a school. No public funds can support separate education for homeless students, for any period of time. Students experiencing homelessness must be immediately enrolled in either the local school or their school of origin. However, supplemental services such as after-school tutoring or mentoring can be provided at a shelter, using McKinney-Vento, Title I, Part A, or other public funds.

The McKinney-Vento Act says that its funds can be used to provide services to children experiencing homelessness in a separate setting within a public school, only “as necessary for short periods of time for health and safety emergencies.” How is “health and safety emergencies” defined? 

McKinney-Vento Act funds must expand or improve upon services provided as part of a school’s regular academic program, and cannot replace regular academic services. The Act does contain a very limited provision for providing services to students experiencing homelessness in a separate setting within a public school, as described in the question. The very limited "health and safety emergency" exception says:

1. only school districts that get McKinney subgrants
2. can provide services to homeless students in separate settings within a public school (not at a shelter or other location)
3. as necessary
4. for short periods of time
5. for health and safety emergencies

There is no specific definition of “health and safety emergencies.” One possible example of a permissible service under this clause might be for a school in a McKinney-Vento funded school district to keep students who are affected by domestic violence in a separate setting at dismissal time to make sure they get home safely. Since McKinney-Vento services cannot replace regular academic services, this provision would not allow for separate classes for students in homeless situations, included those affected by domestic violence. For children affected by domestic violence, whether they are residing in shelters or other situations, the public schools they attend must work with the parent to ensure safety, confidentiality, sensitivity, and appropriate services. 

The McKinney-Vento Act does not apply to schools that are entirely privately funded. Therefore, private schools are not required to allow children to continue to attend or to provide transportation. Public schools should offer McKinney-Vento and Title I, Part A services to students experiencing homelessness who are attending private schools, as public schools do for other private school students who are eligible for public education services (for example, special education and Title I, Part A services).

Probably. The Department of the Interior receives McKinney-Vento funds for schools run by the Bureau of Indian Affairs (BIA). The Secretary of Education and the Secretary of the Interior must enter into an agreement to ensure that such funds are used to meet the purposes of the Act. The Secretary of the Interior must establish goals, objectives and milestones for use of the funds. Since the liaison position is essential to meet the purposes of the McKinney-Vento Act, it is likely that BIA schools would be required to designate a liaison. However, advocates working with Native American children experiencing homelessness should consult the Department of the Interior to obtain a copy of the McKinney-Vento plan and determine what activities are required.

In our state, charter schools do not have to provide transportation to students (except for special education students) unless they choose to do so. Do charter schools have to enroll students experiencing homelessness if the charter school is the school of origin? Do charter schools have to accept students experiencing homelessness if it is an attendance area school and there are other public schools available in the attendance area? Do charter schools have to appoint a homeless liaison?

Yes, yes, and yes. Public charter schools have the same responsibility under the McKinney-Vento Act as other schools and school districts. If a student who attends a charter school becomes homeless, the student has the same right to remain in the school of origin as other public school students. If a student experiencing homelessness attempts to enroll in a charter school, the school must enroll him or her as long as other students living in the same area would be eligible to attend the school. If the charter school has particular, skills-related entrance requirements, the student must meet those criteria (for example, a fine arts charter school with requirements related to artistic ability). Charter schools that are considered their own LEAs must designate a liaison for students experiencing homelessness.

Yes. The McKinney-Vento Act applies to students receiving special education services the same way it applies to other students. Therefore, a student receiving special education who is homeless must remain in the school of origin, unless it is not feasible or against the parent’s/guardian’s wishes. More often than not, the feasibility equation will weigh in favor of keeping a special education student in the same school, because changing schools and educational programs can be particularly detrimental to students with special needs. Of course, if the distance is such that the commute would be more detrimental than changing schools would be, then the student may have to change schools.

There are additional legal requirements under the Individuals with Disabilities Education Act (IDEA), that might come into play. However, IDEA does not supersede the McKinney-Vento Act; a special education student retains all McKinney-Vento rights.

School districts must provide transportation to the school of origin upon request. This is true regardless of the services the student receives, including special education and related services. Transportation can be included as a related service in a student’s Individualized Education Program (IEP).  If transportation is listed as a related service in a student’s IEP, the student’s transportation should be funded from the special education budget. If transportation is not an appropriate related service, the student’s transportation should be funded in the same manner as that of other students experiencing homelessness.

Yes. The McKinney-Vento Act applies to students who are homeless and who receive special education. Those students must be enrolled immediately in school, to include attending classes and participating fully in school activities. There are additional legal requirements under the Individuals with Disabilities Education Act (IDEA), that might come into play. However IDEA does not supersede the McKinney-Vento Act; a special education student retains all McKinney-Vento rights.

The enrolling school must immediately admit the student and must contact the previous school for records. The local liaison should work with special education staff to ensure that a child’s special needs can be identified and addressed quickly. The district should establish procedures for obtaining a child’s school records expeditiously. If the records cannot be transmitted immediately, the enrolling school can speak with staff from the previous school to get basic information about the student. Former teachers, counselors and administrators should be able to provide this information. Even if records are delayed, the student must be enrolled in school and provided the most appropriate services possible immediately.  In fact, IDEA’s regulations specifically cite students experiencing homelessness as a group which requires special efforts and outreach to ensure such students who have disabilities are identified, evaluated, and served. State laws and regulations implementing IDEA may also contain procedures for providing interim IEPs and interim services.

The new school must provide a free, appropriate public education for the student. Under IDEA, the new school must hold a meeting with the parents to adopt the previous IEP or create a new IEP. However, until the meeting takes place, the school should implement the previous IEP, to provide appropriate services and avoid disruption in the child’s education and the school. If the previous school was in the midst of developing an IEP but hadn't finished it, the new school should: 1) get all the evaluations and other paperwork completed on the student from the old school; 2) talk to the school counselor and/or teachers about the student's needs; and 3) develop an IEP as soon as possible. 

Under the Individuals with Disabilities Education Act (IDEA), the following people can sign for special education services for a minor: A parent, guardian, adult relative with whom the child is living, a person legally responsible for the child, or in many cases, a foster parent. If no such adults are available, the school district may have to assign a surrogate parent. The school district must assign a surrogate if the youth is a ward of the state, or if the district cannot locate a parent or other adult who can sign for services. The surrogate parent must be trained in special education procedures and cannot be a school district employee or other person who might have a conflict of interest.

If the youth is not a ward of the state and a parent’s location is known, then the parent or another adult who can sign for services must be convinced to participate in the special education process on behalf of the youth. This can be a challenge for unaccompanied youth. Some approaches might include working with the parent; helping the youth find an adult relative who would be willing to get involved; helping a non-relative caretaker take the necessary steps to become legally responsible for the youth; determining whether emancipation is available and appropriate; determining whether terminating the parents’ rights is appropriate; and determining whether the youth is a ward of the state (for example, a foster child who has left placement).

Whatever approach is used, since states must ensure that all homeless children with disabilities are identified, located and evaluated, a child under 18 should not be denied access to special education services simply because the parent is not available to sign for services. 

Yes. All children and youth in homeless situations are automatically eligible for Title IA services, whether or not they live in a Title I school attendance area or meet the academic standards required of other children for eligibility. The poverty, unstable and often unhealthy living situations, and emotional trauma of homelessness place even outstanding students at risk of academic regression and failure.

Every school district that receives Title IA funds is required to set aside a portion of its allotment to provide comparable services to homeless students attending schools that do not receive Title IA services. For example, Title IA funds frequently serve elementary school students. The mandatory set-aside ensures that middle and high school students experiencing homelessness in those districts receive Title IA services.

No, there is no mandated formula for Title IA set-asides. However, the set-aside must be sufficient to provide “comparable services” to students attending non-participating schools. Therefore, the set-aside must be based on the number and needs of children and youth experiencing homelessness in the school district. Some states have established statewide guidelines for determining set-aside amounts and have found it beneficial. Some possible methods to calculate the set-aside include: (1) identify and assess the needs of students in homeless situations in the district, and set aside funds accordingly; (2) multiply the number of identified students experiencing homelessness by the Title IA per-pupil allocation; (3) for districts with a McKinney-Vento subgrant, reserve an amount greater than or equal to the district’s McKinney-Vento funding request; (4) reserve a specific percentage based on the district’s poverty level or total Title IA allocation. (Calculation methods taken from: “Four Methods for Determining New Mandatory Title I, Part A Set-Aside for Homeless Children.” NCLB Financial Compliance Insider (Nov. 2003).)

Title IA funds, including those under the set-aside and other funds, can be used to serve students experiencing homelessness in both Title IA and non-Title IA schools. The services should support the students to succeed in school and to meet academic achievement standards. The funds can be used to provide services that are not ordinarily provided to other Title IA students. Examples of services school districts have provided with Title IA funds to students experiencing homelessness include: supporting the position of the liaison, mentoring, tutoring, enrichment activities, case management, school supplies, testing fees, clothing, activity fees, graduation fees, and other services to enable students to enroll in, attend, and succeed in school.

Yes. School districts can use Title IA set-asides to serve children and youth experiencing homelessness in both Title I and non-Title I schools. For example, Title IA set-asides may be used to support the liaison position, to allow the liaison to dedicate more time to McKinney-Vento Act activities or to hire additional staff for the McKinney-Vento program. The set-aside can also fund district-wide activities conducted by the liaison (such as identification and professional development), extended day and summer activities, school supplies, and other services.

The Title I statute states that Title I funds cannot supplant other state or local funds. In other words, Title I funds cannot be used for services that are part of the core services provided by public schools, and services that schools are required to provide even in the absence of Title I funding.

For a school district to receive Title IA funds, its Title IA plan must describe the services the district will provide to children and youth experiencing homelessness, including but not limited to those services provided with the set-aside. School district Title IA plans must also be coordinated with the McKinney-Vento Act.

The National Association for the Education of Homeless Children and Youth (NAEHCY) provides updates on pending legislation, as well as many other publications and services geared toward educators specializing in the education of children and youth in homeless situations. 

The U.S. Department of Education (USDE) has been very active in its support of states and local school districts as they implement the McKinney-Vento Act. USDE has established a clearinghouse on the McKinney-Vento Act and its implementation, at the National Center on Homeless Education. NCHE can provide technical assistance documents, trainings, posters, manuals, outreach materials, and other support. In March 2003, USDE issued Guidance on the law. USDE sponsors annual meetings for McKinney-Vento State Coordinators and the Federal McKinney-Vento Coordinator participates in an annual conference of educators who work with the McKinney-Vento Act. The Federal Coordinator for the McKinney-Vento Act responds to phone call and email requests for assistance and is accessible to state and school district staff, as well as other advocates, parents and youth. USDE also conducts document reviews and on-site compliance monitoring across the country.