The Educational Rights of Homeless Children and Youth

from the McKinney-Vento
Homeless Assistance Act include the following:

The right to access the same free and appropriate public education, as provided to all other children.

The right to go to school with children who are not homeless. Students cannot be separated from the regular school program because they are homeless.

The right to receive services comparable to those offered to other students including preschool services, free or reduced school meals, services for English language learners, special education, Title I services, vocational/technical education, gifted and talented services, and before and after school care, as needed.

The right to remain in the school he/she attended before becoming homeless, if that is determined to be in the child's best interest. Students can stay in their school of origin the entire time they are homeless. Students can also finish the school year in their school if they find permanent housing during the year.

The right to transportation to their school of origin, provided or arranged by the school district, or a joint effort among school districts if needed.

The right to enroll in school and attend classes while awaiting needed documents such as proof of residency, immunization records, medical records and school records.

The right to information about all available educational programs and how parents can participate, referrals to health, mental health, dental, and other services as needed, and the public notice of their rights.

The McKinney-Vento Act Definition of Homeless

a.) Lacks a fixed, regular and adequate residence.

b.) Has a primary nighttime residence in a publicly supervised or privately operated shelter for temporary accomodation (includng hotels congregate shelters, spouse abuse centers), or

c.) Sleeps in a public or private place not ordinarily used as a regular sleeping accomodation for human bings (abandoned vehicles, building, vacant lots), or

d.) Is out of necessity living with relatives or friends do to lack of housing or joblessness, or

e.) Runaway and Throwaway children (under 18 years of age) who may temporarily reside in shelters awaiting assistance from a social service agency. Throwaway refers to children/youth who have been abandoned or forced out of the home by parents or other caretakers, or

f.) Children of migrant families who cannot afford housing, or

g.) Runaway or throwaway youth (18 to 21) who my still be eligible for services