Access to Aid Episode 2: Navigating the McKinney-Vento Act

The McKinney-Vento Homeless Assistance Act is the federal legislation contained in 42 U.S.C. § 11431-11435 that defines and protects children and families experiencing homelessness.

Who qualifies for assistance through the Act? The Texas Education Agency provides the following summary:

Bastrop ISD also expands on the main highlights, including:

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 available 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 Districts 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.

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.

Note: This blog and podcast are not legal advice. If you have a legal question, please contact a local attorney or bar association for assistance.

Full podcast episode linked below!