McKinney-Vento (Homeless) Rights
McKinney-Vento (Homeless) Rights
Embedded Files
Definition of Homeless Youth
The U.S. Department of Education defines homeless youth as youth who “lack a fixed, regular, and nighttime residence” or an “individual who has a primary nighttime residence that is
a) a supervised or publicly operated shelter designed to provide temporary living
accommodations;
b) an institution that provides a temporary residence for individuals intended to be
institutionalized including welfare hotels, congregate shelters, and transitional
housing for the mentally ill; or
c) a public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.” This definition includes both youth who are
unaccompanied by families and those who are homeless with their families.
McKinney-Vento Homeless Assistance Act
What is the McKinney-Vento Homeless Assistance Act? The purpose of the Education of Homeless Children and Youth federal program is to ensure that all homeless children and youth have equal access to the same free, appropriate public education, including preschool education, provided to other children and youth.
Your child is guaranteed enrollment in school under the McKinney-Vento Act and California state law if your family is living
In a temporary shelter (family shelter, domestic violence shelter, transitional living program, etc.)
In a hotel/motel or weekly rate housing.
In a temporary unsheltered situation (living a trailer park/campground, car, park, public space, abandoned building, bus or train station, or similar setting. May also have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings.
With another family, doubled-up, due to loss of housing, economic hardship or similar reason (living with friends or relatives, runaways or unaccompanied youth).
Living in similar circumstances as those listed above due to being a migratory child.
What does guaranteed enrollment mean?
Immediate Enrollment - A homeless youth A homeless youth has the right to be enrolled immediately in the new school, even if the youth has outstanding fees, fines, textbooks, or other items or moneys due to a school or does not have immunizations, birth certificate, uniforms, etc. (EC 48853.5 (f)(8)(b))
If your child lives under any of the above conditions, you, you may enroll your child in school and you DO NOT need to provide the following at time of enrollment:
Proof of residency
Immunization records
School records
Legal guardianship papers
However, you are not exempt from providing the required enrollment documents that are needed. You will need to provide the required documentation within 10 days of enrollment.
School Stability
State and Federal laws provide educational protections for homeless youth, including:
A right to remain in their school of origin when a move takes place; if it is in their best interest to do so.
The right to remain in a feeder school ( the next school after aging out such as elementary to middle school to high school) while in foster care.
Immediate enrollment in school, even if records are not available.
The timely transfer of records between schools.
School or Origin (Ed Code 48853.5(a))
A homeless youth has the right to remain at
The school the child attended when removed from the parents.
The school the Child most recently attended.
Any school the child attended in the last 15 months, that the child had a substantial connection to (i. e. a teacher, other staff, sibling, students, program, etc.)
School of origin includes "non-public" schools and other special education placements
After a court case closes, foster youth may remain in their school of origin until the end of the school year if they are in grades K-8 or until graduation if they are in 9-12.
*School of Origin only applies as long as it is it remains in the student's "best interest"." If the student is being bused from another school district or from another attendance area, it is important that the student be on time and maintain regular attendance.
Student Records (Ed. Code 48853.5 (f)(8)(C))
Timely transfer of records
Old school shall transfer the student out within 2 business days, and deliver the student's educational records to the new school. The record must include a determination of seat time (attendance), classes, grades, immunizations, and IEP/504 plans if appropriate. If the student is in high school, a record of credits earned/partial credits shall also be calculated.
The new school shall, within 2 business days, of the request to enroll, contact the last school the student attended and obtain all academic and other records.
Student Records (Ed. Code 48853.5 (f)(8)(C))
Timely transfer of records
Old school shall transfer the student out within 2 business days, and deliver the student's educational records to the new school. The record must include a determination of seat time (attendance), classes, grades, immunizations, and IEP/504 plans if appropriate. If the student is in high school, a record of credits earned/partial credits shall also be calculated.
The new school shall, within 2 business days, of the request to enroll, contact the last school the student attended and obtain all academic and other records.
District's Responsibilities
Districts and schools serving families experiencing homelessness have the following responsibilities
Remove all barriers to enrollment, attendance and school success
To inform families of their rights and ensure that they are being supported
To centralize and coordinate the enrollment and transfer process
To reach out to families with information, advocacy and support
To provide the immediate basic needs of students
To teach high standards for all students
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