McKinney-Vento Explained
The Educational Rights, Protections, and Supports for Students Experiencing Homelessness
Oftentimes, families experiencing homelessness and educators striving to support vulnerable youth encounter the term “McKinney-Vento” used in association with potential assistance. But, what does it mean, and how do families and educators seek help assisting students?
As a leading voice and unwavering advocate for vulnerable youth for over three decades, NAEHCY is here to help you gain a better understanding of this term, and the supports available as a result of this legislation.
Why the Term McKinney-Vento?
This term is made up of two last names, McKinney and Vento – these are the names of two congresspeople (Stewart McKinney, R – CT, and Bruce Vento, D – MN) who played important roles in getting legislation passed that defines the rights and protections of students experiencing homelessness, and legislates what supports must be provided to them.
What Does a McKinney-Vento Liaison Do?
The McKinney-Vento Homeless Assistance Act is the name of the law, and a McKinney-Vento Liaison is the person at a school or district whose job it is to assist students and families, peers and educators in making sure supports are provided as defined by that law.
The law requires that every school district designate a McKinney-Vento liaison responsible for identifying and supporting students experiencing homelessness. These liaisons serve as advocates, ensuring that students have equitable access to education and receive the services and protections outlined in the law.
At the state level, each State Department of Education appoints a State Coordinator for Homeless Education. State Coordinators provide oversight, monitor compliance with McKinney-Vento requirements, and offer technical assistance to district-level liaisons to support implementation and coordination across their state.
For a better understanding, click the image below to watch our brief explainer video, What Do McKinney-Vento Liaisons Do? (Liaisons – you can find suggested educational uses for this video and download a copy on our Vimeo channel.)
What is the McKinney-Vento Act?
The McKinney-Vento Homeless Assistance Act – the full, proper name – is a landmark federal law named for two congressmen integral to its success. It ensures the educational rights and stability of students experiencing homelessness. It mandates that these young people have the right to immediate enrollment, transportation, and access to essential support services.
The McKinney-Vento Act – as it is typically called – recognizes the unique challenges these students face and aims to minimize disruptions to their education, providing them with stability and support to succeed in school.
What is Homelessness Under the McKinney-Vento Act?
It’s important to understand the broad definition of “homelessness” under this Act. It goes beyond just living on the streets and includes children and youth who lack a fixed, regular, and adequate nighttime residence. This can include those who are:
- Sharing housing due to loss of housing, economic hardship, or a similar reason (often referred to as “doubled-up”)
- Living in motels, hotels, trailer parks, or camping grounds due to the lack of adequate alternative accommodations
- Living in emergency or transitional shelters
- Abandoned in hospitals
- Awaiting foster care placement
- Living in public or private places not designed for or ordinarily used as regular sleeping accommodations (e.g., cars, parks, abandoned buildings)
- Migratory children living in circumstances described above
- Unaccompanied youth (minors not in the physical custody of a parent or guardian)
This comprehensive definition ensures that a wide range of vulnerable students are covered by the Act’s protections.
Key Protections and Rights Provided by the McKinney-Vento Act
The McKinney-Vento Act guarantees several crucial rights for students experiencing homelessness:
Immediate Enrollment: Students have the right to enroll immediately in school, even if they lack typical documents such as proof of residency, immunization records, or birth certificates. They must be allowed to attend school while these documents are being obtained.
If a family becomes homeless and moves to a new school district, their children can enroll in the new school right away, without waiting for their previous school records.
School Selection: Students have the right to attend either their “school of origin” (the school they attended when permanently housed or the last school they legally enrolled in) or any public school that non-homeless students who live in the same attendance area are eligible to attend, whichever is in their best interest.
If a student becomes homeless and moves across town, they may be able to stay at their original school, even if it’s in a different school district, if it’s determined to be in their best interest (considering factors like continuity of education and support networks).
Transportation: Students have the right to receive transportation to and from their school of origin, as long as it is feasible and in their best interest. This may involve collaboration between school districts to share the cost and responsibility of transportation.
A school district might provide a bus or taxi service to transport a student living in a shelter back to their school of origin in a neighboring district.
Access to Services: Students experiencing homelessness have the right to the same free and appropriate public education, including special education and related services, as other children and youth. They also have the right to receive comparable services, including educational services for which they meet the eligibility criteria, such as Title I programs, preschool programs, and programs for English learners.
A student experiencing homelessness who has a learning disability is entitled to receive special education services without delay.
Dispute Resolution: If there is a disagreement between the school district and the parent or guardian (or unaccompanied youth) regarding eligibility, school selection, or other rights, the McKinney-Vento Act establishes a process for resolving the dispute. Students must be enrolled and receive services while the dispute is being resolved.
Unaccompanied Youth: The Act specifically addresses the needs of unaccompanied youth, ensuring their right to enroll in school without the consent of a parent or guardian and to access the same protections and services as other homeless children and youth.
The Role of Educators and the Local Educational Agency (LEA)
Schools and school districts play a vital role in implementing the McKinney-Vento Act. Each LEA must designate a Homeless Liaison, whose responsibilities include:
- Identifying students experiencing homelessness within the district
- Ensuring these students can enroll in and have full and equal opportunity to succeed in the schools of the LEA
- Linking students and their families to needed support services, including housing, health care, mental health services, and other relevant assistance
- Facilitating inter- and intra-agency collaboration to better serve homeless students
- Informing parents, guardians, and unaccompanied youth of their rights under the McKinney-Vento Act
- Publicly posting information about the rights of homeless students in places frequented by parents, guardians, and unaccompanied youth
Educators, including teachers, counselors, and administrators, should be aware of the McKinney-Vento Act and understand the unique challenges faced by students experiencing homelessness. They can support these students by:
- Creating a welcoming and inclusive classroom environment
- Being sensitive to the potential trauma and instability in their lives
- Collaborating with the Homeless Liaison to ensure students receive necessary supports
- Understanding the enrollment and documentation flexibilities available for these students
- Advocating for the needs of students experiencing homelessness within the school community
Why is the McKinney-Vento Act Important?
The McKinney-Vento Act is crucial because it:
- Provides Stability: It aims to minimize educational disruptions for students whose lives are often characterized by instability.
- Promotes Equity: It ensures that homeless students have the same access to educational opportunities as their housed peers.
- Supports Well-being: By addressing educational needs and connecting families to essential services, it contributes to the overall well-being of students experiencing homelessness.
- Recognizes Unique Needs: It acknowledges the specific challenges faced by this vulnerable population and provides tailored protections and supports.
Further Resources and Information
To learn more about the McKinney-Vento Act, you can explore the following resources:
- National Center for Homeless Education (NCHE): This is the U.S. Department of Education’s technical assistance center for the education of children and youth experiencing homelessness. Their website offers a wealth of information, resources, and training materials.
- U.S. Department of Education – Education for Homeless Children and Youth Program (EHCY): This is the federal agency site for McKinney-Vento education policy. It includes, federal guidance documents, state plan requirements, funding allocations, notices of proposed rulemaking and related legislation
- National Homelessness Law Center: This organization provides policy and legal advocacy tools including reports and litigation updates on education rights, legal FAQs for students and advocates, and analyses of federal compliance and implementation.
- Your State’s Department of Education: Most state departments of education have information and resources related to the McKinney-Vento Act and support for homeless students in your state. Search for “McKinney-Vento” on your state’s education website.
- The United States Code related to homeless youth
- The Wikipedia entry for McKinney-Vento Homeless Assistance Act
By understanding and implementing the McKinney-Vento Act, we can collectively ensure that students experiencing homelessness have the opportunity to thrive academically and build a brighter future.