Homeless Education Rights
The McKinney-Vento Act requires educational access, attendance, and success for homeless children and youth.
Title X, Part C of the No Child Left Behind Act of 2001 defines homeless children and youth as children and youth who lack a fixed, regular, and adequate nighttime residence, including children and youth:
- Sharing housing (doubled up with relatives and friends) - due to loss of housing or economic hardship
- Living in motels, hotels, or camping grounds due to lack of adequate housing
- Living in emergency or transitional shelter
- Living in a car, park, or other public place, bus/train station, or abandoned building
There is a two step process for determining if a youth is an UHY (unaccompanied homeless youth)
- Does the student's living arrangement meet the McKinney-Vento's definition of homelessness?
- Once homelessness is determined, is the student unaccompanied?
Unaccompanied Youth in practical terms, means the youth does not live with the parent or guardian. Runaways are considered to be homeless.
A child or youth without a fixed, regular, and adequate residence can attend school at:
- the school the child or youth attended before becoming homeless, or was last enrolled (school of origin)
- the school in the attendance area in which the child or youth is currently living
Requirements (school age and younger):
- Enroll students immediately in local school or school of origin when feasible and in the student's best interest. (even when lacking documentation such as proof of residence, guardianship, birth certificates, school records, immunizations, physical, etc.)
- Provide transportation (even across division lines) if needed
Students who are experiencing homelessness automatically qualify for free and reduced breakfast and lunch.