School Enrollment / Ages 2-18

What Does the McKinney-Vento Homeless Assistance Act Mean For My Family?

This federal law ensures students experiencing homelessness have as much educational stability as possible. Here are some frequently asked questions about the law.

The McKinney-Vento Homeless Assistance Act is a law that protects the educational rights of children experiencing housing instability or homelessness. This includes families staying in shelters, public spaces not intended for sleeping, hotels or motels, or temporarily with friends or family. The goal of the law is to allow children to maintain education stability as much as possible. This is a federal law and applies in every state and school district in the country. It also applies to your child regardless of your family’s immigration status.

My family is staying with friends right now. We aren’t sleeping at a shelter, in our car or outdoors. Does McKinney-Vento apply to us?

Yes! You do not need to be living in a shelter to be protected under McKinney-Vento. McKinney-Vento applies to children who “lack a fixed, regular, and adequate nighttime residence.” This applies to families living in a variety of situations, including all types of shelters, but also:

  • Public or private spaces that are not intended for sleeping (like bus or train stations, park benches, or cars)
  • Shared housing with others, including friends or relatives, due to loss of housing or economic hardship
  • Motels or hotels, trailer parks, campgrounds, abandoned buildings or any other kind of substandard housing
  • FEMA shelters

McKinney-Vento also applies to migrant children and unaccompanied minors. If your child is staying on their own or with extended family, McKinney-Vento protects their rights. If you’re uncertain if your child is eligible for protection under McKinney-Vento, your school or district will have a family liaison or homelessness coordinator who can help you understand your rights.

What rights does McKinney-Vento protect?

If McKinney-Vento applies to your family:

  • Your child can either enroll in their “school of origin” (meaning the school they attended when you were last permanently housed), or you may enroll them in a new school in the district where your child currently resides.
  • You can enroll your child in school immediately, even if you do not have all the required documentation (including proof of residency, birth certificates, and immunization records).
  • If you lose your housing during the school year or move to a different temporary residence, your child can stay enrolled in their current school.
  • Your child’s school district must provide transportation to your child to and from school, regardless of where you are currently staying.

What if we find a permanent home during the school year? Does my child have to switch schools?

No. Your child has the right to remain enrolled in their current school for the rest of the school year. (You also have the option of enrolling your child in their new school district.) The school district must provide transportation to and from your child’s school of origin, through the end of the academic year.

The local school says I need proof of residency to enroll my child, but I don’t have that. What can I do?

McKinney-Vento states that a school must immediately enroll your child if you lack a permanent residence, even if you don’t have the required documents (including proof of residency or vaccinations). Here is language you can use to remind school of your rights under McKinney-Vento:

To Whom it May Concern:

As the parent/guardian of [student name + DOB], pursuant to federal regulation 42 USC §11431 of the McKinney-Vento Homeless Assistance Act, I am requesting the fulfillment of my child’s right to immediate enrollment as my family and I are defined as homeless under this same federal act.

At present, we are residing at [current address] where we are [explanation of housing situation - for ex. renting a room, living with a family member temporarily, etc.]. The landlord at our current place of residence [is OR is not] aware that we are staying at this address.

I understand that under the McKinney-Vento Homelessness Act, my child has a right to immediate enrollment in an appropriate public school setting while any further documentation is being collected. Thank you for your prompt consideration in this matter. I am happy to assist this enrollment process in any way possible.

Sincerely,

[Your name and contact information]

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