Rights under McKinney-Vento Act

Your rights under the McKinney-Vento Act

1. School Stability

• 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.[xiii]
• 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.
  • The definition of school of origin now includes both the designated receiving school at the next grade level (if there is a feeder school pattern), and preschools.[xv] (Resource: Preschool to Prevent Homelessness)
  • Transportation to the school of origin is required, including until the end of the academic year when a student obtains permanent housing.[xvi]

2. School Enrollment and Participation

• Homeless children and youth must be enrolled in school immediately, even if they lack documents or have missed application or enrollment deadlines during any period of homelessness.[xvii] (Resource: Removing Barriers to Online Enrollment for Students Experiencing Homelessness)
• SEAs and 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.[xviii] (Resource: Supporting the Attendance of Students Experiencing Homelessness)
• 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.[xix]
• States must have procedures to ensure that homeless children and youth do not face barriers to accessing academic and extracurricular activities.[xx] (Resource: Full Participation in Extra-Curricular Activities)

3. Preschool Children

• The definition of school of origin now includes preschools.[xxi]
• Liaisons must ensure homeless families and children can access Head Start, Early Head Start, LEA-administered pre-school programs and early intervention services under IDEA Part C, if eligible. [xxii] (Resource: Pathways to Partnership Early Childhood)

4. Credit Accrual and College Readiness

• States must have procedures to identify and remove barriers that prevent students from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school.[xxiii] Liaisons must implement those policies.[xxiv] (Resource: Awarding and Accepting Partial Credit for Students Experiencing Homelessness)
• State plans must describe how homeless youth will receive assistance from school counselors to advise, prepare, and improve their readiness for college.[xxv] (Resource: Quick Guide for Counseling Staff)