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McKinney-Vento Homeless Assistance Act

McKinney-Vento Homeless Assistance Act

Students who lack a fixed, regular, or adequate nighttime shelter or live in any of the conditions below may qualify for services as a displaced student. 

The Federal McKinney-Vento Act and Texas State Law guarantee that students can enroll in school if they live:

  • In a shelter (family shelter, domestic violence shelter, youth shelter, or transitional living program);
  • In a motel, hotel, or in weekly-rate housing;
  • In a house or apartment with more than one family because of economic hardship or loss;
  • In temporary foster care or with an adult who is not the student’s parent or legal guardian;
  • In sub-standard housing (no electricity, no water, and/or no heat); or
  • With friends or family because the student is a runaway or an unaccompanied youth.
 

If the student lives in one of these situations, the following is NOT required to enroll in or attend school:

  • Proof of residency;
  • Immunization records or a TB skin test result;
  • Birth certificate;
  • School records; or
  • Legal guardianship papers.
 

The student may also:

  • Continue to attend the school in which they were last enrolled, even if they have moved away from that school’s attendance zone or district;
  • Qualify to receive transportation from their current residence back to their school of origin;
  • Qualify automatically for Child Nutrition Programs (free and reduced-price breakfast, lunch, and other district food programs);
  • Participate fully in all school activities and programs for which they are eligible; and,
  • Contact the District’s Homeless Liaison to resolve any disputes that may arise during the enrollment process.

Under federal and state law, children and youth experiencing homelessness have a right to a free, appropriate public education (FAPE). the Mckinney-Vento Homeless Assistance Act (federal law) assists states to help them ensure educational rights and protection for children and youth experiencing homelessness. This program helps state educational agencies (SEAs) ensure that homeless children, including preschoolers and youth, have equal access to FAPE, including a public preschool education, as provided to other children and youth. 

Subtitle Vii-b of the Mckinney-Vento Homeless Assistance Act (per Title IX, Part A of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act) defines Homeless as follows:

The Term “Homeless Children and Youths”–

(A) means individuals who lack a fixed, regular, and adequate nighttime residence (Within the Meaning of Section 103(a)(1)); and

(B) Includes–

(I) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;*

(Ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(c));

(Iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(Iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as Homeless for the purpose of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

McKinney-Vento Liaison

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Missy Eichman

meichman@cocisd.org

936-653-1188