McKinney-Vento Defined
The McKinney-Vento Homeless Assistance Act is a federal law that provides rights and services to children and youth experiencing homelessness (The McKinney-Vento Act uses the term homeless for those in housing transition). In California, the McKinney-Vento Act aims to ensure that students in housing transition have equal access to the same free, appropriate public education as other students. Here are the critical aspects of the McKinney-Vento Act in California:
Definition of Homelessness: The act defines homeless children and youth as those who lack a fixed, regular, and adequate nighttime residence. This includes children and youth who are:
- Sharing housing due to loss of housing, economic hardship, or a similar reason
- Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations
- Living in emergency or transitional shelters
- Abandoned in hospitals
- Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
Immediate Enrollment: Schools must immediately enroll students in housing transition, even if they lack normally required documents such as proof of residency, immunization records, or previous academic records.
School Stability: Students in housing transition have the right to remain in their school of origin (the school they attended when permanently housed or where they were last enrolled) if it is in their best interest. 1) They can continue attending the school of origin for their housing transition until the end of the academic year, in which they find permanent housing. 2) They also have the right to the school of residence (the neighborhood school for the area they are currently staying within, whether doubled up or in an unsheltered capacity). The right to attend any school they attended in the prior 15 months. All options are based on best interest determination.
Transportation: Schools are required to provide transportation to and from the school of origin if a parent, guardian, or unaccompanied youth requests it.
Access to Services: Students in housing transition must have access to all the educational services for which they are eligible, including programs for children with disabilities, English learners, gifted and talented students, vocational and technical education programs, and school nutrition programs.
Local Liaisons: Every local educational agency (LEA) in California must designate a McKinney-Vento liaison. The liaison's role is to identify children and youth in housing transition, ensure their enrollment and access to school services, and provide outreach and coordination with other service providers.
Dispute Resolution: If a dispute arises over eligibility, school selection, or enrollment, the student must be immediately enrolled in the school in which enrollment is sought pending resolution of the dispute. The LEA must provide a written explanation of its decision and the right to appeal.
By adhering to these provisions, the McKinney-Vento Act in California seeks to remove barriers to education and provide stability and support for students in housing transition.