The McKinney-Vento Act & Legal Protections

The McKinney-Vento Homeless Assistance Act is a federal law that guarantees immediate enrollment and educational stability for children and youth experiencing homelessness. This includes individuals who lack a fixed, regular, and adequate nighttime residence, such as those "doubled up" with friends or relatives due to loss of housing or economic hardship.

1. School Stability (School of Origin): Students have the right to remain in their "school of origin" (the school they attended when permanently housed or the school in which they were last enrolled) for the duration of their homelessness and until the end of the school year in which they find permanent housing.

2. Immediate Enrollment: Schools must enroll McKinney-Vento eligible students immediately, even if they are unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

3. Comparable Services: Students are entitled to services comparable to those received by other students, including transportation, Title I services, educational programs for students with disabilities, and programs for English Language Learners (ELL).

The district must make school placement determinations based on the "best interest" of the child. In determining best interest, the district must presume that keeping the student in the school of origin is best, unless doing so is against the wishes of the parent or guardian.

If a dispute arises over school selection or enrollment, the student must be immediately enrolled in the school in which enrollment is sought, pending a final resolution of the dispute. The district will provide the parent or guardian with a written explanation of its decision and inform them of their right to appeal the decision to the New York State Education Department.

At the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), transportation will be provided to and from the school of origin. Furthermore, all students identified under McKinney-Vento are automatically eligible for free school meals without the need for a separate application.