McKinney Vento Homeless Education Assistance Act

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The McKinney-Vento Homeless Education Assistance Act is a federal law that discusses the public education of children and youth in temporary housing. Under McKinney-Vento and state law, students are considered to be in temporary housing if their nighttime residence is not fixed, regular, and adequate. Some examples of temporary housing include: Sharing the housing of others due to loss of housing, economic hardship or other similar reason, Living in motels, hotels, trailer parks, camping grounds, Living in emergency or transitional shelters, Abandoned in hospitals, Living in a public or private place not designed for sleeping, Living in cars, parks, abandoned buildings, bus or train stations, etc. Migratory living in circumstances described above.

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Students who are protected under the McKinney-Vento Act are entitled to immediate enrollment in school even if they don’t have the documents normally needed, such as proof of residency, school records, immunization records, or birth certificate. Students who are protected under the McKinney-Vento Act may also be entitled to free transportation and other services.

If a student is determined not to be McKinney-Vento eligible, the family and/or student will be notified in writing. If the family and/or student disagrees with this determination, the family and/or student has the right to appeal. The family should contact the district McKinney-Vento liaison for assistance in writing their appeal. Pending appeal, the students will remain enrolled and receive transportation services. McKinney-Vento disputes and appeals must be filed with the New York State Education Department within 30 days of receiving the eligibility letter. The New York State Education Department is the final arbiter and will review the case and make a binding decision.