McKinney-Vento Homeless Assistance Act
The McKinney-Vento Act defines homelessness as lacking a “fixed, regular, and adequate” nighttime residence, which includes a broad range of living situations. This includes children and youth who are sharing housing with others due to economic hardship, living in motels, hotels, or cars, and those in emergency shelters or in public or private places not meant for sleeping, such as parks and abandoned buildings.
Students qualify for McKinney-Vento if they lack a fixed, regular, and adequate nighttime residence. This includes children and youth who are:
- sharing housing due to economic hardship,
- living in motels or shelters, or
- living in cars, parks, or other inadequate settings.
The law also protects unaccompanied youth and migratory children in these situations.
Parent/Unaccompanied Homeless Youth Rights
General Rights
- Immediate enrollment: Students can enroll in school immediately, even without required documents like proof of residency, school records, or immunizations.
- Comparable services: Students have the right to receive all school services available to other students, including free school meals, Title I services, and transportation.
- No segregation: Students cannot be stigmatized or segregated because they are homeless.
- Dispute resolution: During a dispute over enrollment or school selection, the student can enroll and attend classes while the dispute is being resolved.
Parents’ Rights
- School of origin: A child has the right to remain in their “school of origin,” which is the school they last attended before becoming homeless, if it’s in their best interest.
- Transportation: Parents can request transportation to and from the school of origin.
Unaccompanied Homeless Youth’s Rights
- Self-enrollment: Unaccompanied youth can enroll in school themselves, even without a parent or guardian.
- Proof of guardianship: A school district cannot require an unaccompanied youth to have a legal guardian in order to enroll.
- Written explanation: If a school’s decision is not in the youth’s best interest, they have the right to a written explanation of the decision and information on how to appeal.
- Independent status: Being identified as an unaccompanied homeless youth can help a student be considered an independent student for financial aid purposes, such as on the FAFSA.
Contact Information
Jazz Brown, Academy at Middle Fork Homeless Liaison
Email: brownjy@appstate.edu
Phone: (336) 748-4085
Lisa Phillips, NC Homeless Liaison Coordinator
Email: lphillip@serve.org
Phone: (336) 315-7491