McKinney-Vento Homeless Assistance Act

The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently re-authorized in December 2015 by the Every Student Succeeds Act (ESSA).1 The McKinney-Vento Act is designed to address the challenges that homeless children and youths have faced in enrolling, attending, and succeeding in school.

Under the McKinney-Vento Act, educational agencies must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youths. Homeless children and youths must have access to the educational and related services that they need to enable them to meet the same challenging State academic standards to which all students are held. In addition, homeless students may not be separated from the mainstream school environment. Local Educational Agencies are required to review and undertake steps to revise laws, regulations, practices, or policies that may act as barriers to the identification, enrollment, attendance, or success in school of homeless children and youths.

The law indicates that the LEA liaison shall ensure that all homeless children, youth and families are identified through coordinated activities with other entities.

DEFINITION
The McKinney-Vento Act defines homeless children as “individuals who lack a fixed, regular, and adequate nighttime residence.”

This definition includes (but is not limited to) children who are:
  • sharing housing due to economic hardship or loss of housing (e.g. doubled-up)

  • living in motels, hotels, trailer parks, or campgrounds

  • living in emergency or transitional shelters

  • sleeping in places unfit for human habitation (e.g. park benches)

  • living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, etc.

Unaccompanied Youth: Children or youth who meets the definition of homeless and not in the physical custody of a parent or guardian.


CORE PROVISIONS:
Designated District Liaison:
Every local education agency (LEA) must designate a liaison for students experiencing homelessness whose key duties include:

  • Ensuring that homeless children and youth are identified and enrolled in school, and have a full and equal opportunity to succeed in school.

  • Assisting with enrollment, arranging for transportation and free meals, monitoring school attendance.

  • Providing school supplies and other related items so they can fully participate.

  • Assist with accessing support services, such as, tutoring, Special Education, English Language Learning, and other resources.

  • Assist students so they can participate in school activities, field trips, sports, etc.

  • Ensuring that unaccompanied homeless youth are informed, and receive verification, of their status as independent students for college financial aid.



STUDENT RIGHTS:
Children and youth experiencing homelessness can remain in their school of origin for the duration of homelessness and until the end of an academic year in which they obtain permanent housing, if it is in their best interest.

LEAs must make best interest determinations that presume that staying in the school of origin is in the best interest of the child or youth; consider specific student-centered factors; prioritize the wishes of the parent, guardian, or unaccompanied youth; and include a written explanation and right to appeal if the LEA determines that school stability is not in the best interest of the child or youth.

Transportation to the school of origin is required, including until the end of the academic year when a student obtains permanent housing.

School Enrollment and Full Participation:
Children and youth experiencing homelessness have the right to be enrolled in school of residence immediately, even if they lack documents normally required at time of enrollment or have missed application or enrollment deadlines.

LEAs must develop, review, and revise policies to remove barriers to the identification, enrollment, and retention of homeless students in school, including barriers due to fees, fines, and absences. This includes procedures to ensure that homeless children and youth do not face barriers to accessing academic and extracurricular activities.

If a dispute arises over eligibility, school selection or enrollment, the child or youth must be immediately enrolled in the school in which the parent, guardian or unaccompanied youth seeks enrollment, pending resolution of the dispute, including all available appeals.

Additional Rights:

  • Free lunch and breakfast (if applicable)

  • Free school supplies and uniforms (if applicable)

  • Educational resources and support services to help children and youth experiencing homelessness reach academic success

The District's homeless liaison is Sandy Seaux.  She can be reached at the following email address: [email protected] and phone number: 717-240-6800 x27810.


For more district information and resources, please click here.