LAWS AND GUIDANCE
Federal Law - McKinney Vento Homeless Assistance ActThis federal legislation was originally authorized in 1987 and most recently re-authorized in December 2015 by the Every Student Succeeds Act (ESSA). This legislation ensures children and youth experiencing homelessness have immediate and equal access to public education.
The Act’s Key Provisions
The McKinney-Vento Act (Section 725) specifies and protects the rights of children and youth in homeless situations. Highlights include:
- Immediate Enrollment. The right to be enrolled immediately in school without immunization or academic records, and birth certificate, regardless of district policy.
- Transportation. Students in highly mobile or homeless situations are entitled to transportation to and from the school of origin. If it is feasible, in the student’s best interest, and requested by the parent, guardian, or unaccompanied youth.
- Services. Students experiencing homelessness are entitled to the same programs and services that are availablel to other children in the District, such as gifted and talented education, special education, vocational education, English Language Learner services, and tutoring. Students are automatically eligible for Title I services and District must set aside funds as necessary to provide services.
Homeless Student School Choice
Students who are experiencing homelessness have the right to attend school in their school of origin or in the school in the attendance area where the family or youth is currently residing. School of origin is defined as the school in which the child/youth was enrolled when they became homeless or the school in which the child/youth was last enrolled. The campus a child attends is determined by which campus can serve the best interests of the child. In Texas, a student experiencing homelessness may enroll in any district they choose, regardless of the location of their residence, school of origin or attendance zone campus.
Who are Homeless Children and Youth?
Before schools can be certain they are complying with legislation related to educating students experiencing homelessness, they must understand who can be considered homeless. The McKinney-Vento Act (Sec. 725) defines “homeless children and youths’ (school-aged and younger) as:
- Children and youths who lack a fixed, regular, and adequate nighttime residence, including children and youths who are:
- Sharing the housing of other persons temporarily due to loss of housing, economic hardship, or a similar reason;
- Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;
- Living in emergency or transitional shelters;
- Abandoned in hospitals;
- Awaiting foster care placement;
- Children and youths who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations;
- Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;
- Migratory children who quality as homeless because they are living in the circumstances described above;
- The term unaccompanied youth includes a youth, not in the physical custody of a parent or guardian. This would include runaways living in runaway shelters, abandoned buildings, cars, on the streets, or in other inadequate housing: children and youths denied housing by their families (sometimes referred to as “throwaway children and youths”); and school-age unwed mothers living in h omes for unwed mothers because they have no other housing available.
Unaccompanied Youth
These are youth not in the physical custody of a parent or guardian. This would include youth living in runaway shelters, abandoned buildings, cars, on the streets, or in other inadequate housing and children and youth denied housing by their families (sometimes referred to as “throwaway” children and youth), and school-age unwed mothers, living in homes for unwed mothers, who have no other housing available.
In determining whether or not a child or youth is homeless, consider the relative permanence of the living arrangements. Determination of homelessness should be made on a case-by-case basis.
Dispute Resolution – If problems arise between the school and parents or between districts, the parent shall be referred to the school’s homeless liaison. In the meantime, the student must remain in school and receive transportation.
- Homeless / Foster Parent & Family Engagement Liason
- Barbie Birnbaum
- 512-273-2522 EXT 1308
- barbara.birnbaum@mcdadeisd.net
State Law - Texas Education CodeAll Texas public schools, charter schools, and education service centers,collectively known as local education agencies (LEAs), must follow federal rules concerning the education of homelesss students. Texas Education code (TEC) §§ 25.001, 25.002, and 29.153 address educational rights for homeless students.
Students and Parents Rights
Families in Transition – Community Flyer
Familias en transición – Folleto comunitario
McKinney-Vento Eligibility Flowchart
McKinney-Vento Notice of Rights
McKinney Vento – Asistencia para personas sin hogar
School Selection Fact Sheet
School Selection Provisions from the McKinney-Vento Act and the Texas Education Code
Checklist for McKinney-Vento School Selection Considerations: School of Origin or Local Attendance Zone?
Texas Education for Homeless Children and Youth
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