4-03McKinneyVento

McKinney-Vento Act
Educational Rights of Homeless Children

The McKinney-Vento Homeless Assistance Act, a federal law first enacted in 1987, is designed to ensure educational rights and protections for students experiencing homelessness. Because the state of Massachusetts accepts federal McKinney-Vento grant money, all school districts in the commonwealth must comply with the provisions of the Act.

Who Is Homeless?

Children and youth who "lack a fixed, regular and adequate nighttime residence" are considered homeless for educational purposes. This includes those who:

Are "doubled up" - sharing the house of friends or relatives due to the 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;
Are abandoned in hospitals;
Are awaiting foster care placement;
Have a primary nighttime residence that is a public or private place not designed for regular sleeping accommodations for human beings;
Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;
Are migratory children;
Are unaccompanied youths - adolescents who are not in the physical custody of their parents

Homeless Education Liaison

As of July 31, 2002, the Massachusetts Department of Education requires all districts in the Commonwealth to have a local homeless education liaison whose responsibilities include ensuring students in homeless situations enroll in the schools in their district and have a fair opportunity to succeed academically. They serve as the point of contact at the district level for all issues regarding homeless students and as the coordinator for district compliance with McKinney-Vento. To identify a local liaison, one can contact the Massachusetts Coalition for the Homeless at 866-205-1700.

Rights

Under the McKinney-Vento Act, homeless students in public schools and public pre-schools have the right to:

Stay in their "school of origin" even if they move to another district. Homeless students have the right to stay in the school they attended prior to loss of housing, or to remain at the school in which they were last enrolled, unless the parent or unaccompanied youth chooses otherwise.

Receive transportation to their original school. School districts must provide or arrange transportation for students in homeless situations so that students can stay at their school of origin, even if students move to a different city, county, or school district. 2012 Update: under a new state law, the state will reimburse school districts for these costs, reducing the burden on localities (and perhaps removing one barrier to receiving transportation).

Immediately enroll in a new school. Homeless students who move and wish to enroll in a new school where they are situated while homeless can attend classes immediately without proof of residency, immunization, school records or other papers, and without a uniform.

Automatically receive free breakfast and lunch at school. The school must accept the word of the child's parent or shelter worker as verification of homeless status and immediately begin providing meals based on this verification.

Receive all the educational and supplemental services they need. The McKinney-Vento Act district liaison must provide referrals to the parent or youth for other necessary and relevant services.

If a disagreement with a public school or public pre-school arises, a homeless student has the right to:

Have the disagreement addressed by the school district liaison and settled quickly.
Attend the school or pre-school that the parent, guardian, or unaccompanied youth chooses, until the dispute is resolved.
Receive the necessary transportation to the school of choice until the dispute is resolved.
Receive from the school or district a written explanation of rights and a written explanation of the final decision.

If a school or district fails to address these rights or if a dispute arises, con-tact Peter Cirioni, Massachusetts State Coordinator for the Education of Homeless Children and Youth at (781) 338-6294.

04/03, rev 10/12