McKinney-Vento Homeless Assistance Act
The McKinney-Vento Act Covers Children And Youth Who Don't Have A Fixed, Adequate And Regular Nighttime Residence, Such As Those Living:
- in an emergency or transitional shelter;
- with friends or relatives due to loss of housing or economic hardship (also known as doubled up);
- in a motel, hotel or campground;
- in a car, bus or train station or other public place;
- in an abandoned building or some other inadequate accommodations; or
- in temporary situations while awaiting foster care placement.
They Can Choose From:
- the school they went to when permanently housed (known as the school of origin);
- the last school they went to (also known as the school of origin); or
- the school located in the attendance area where they are temporarily living (known as the local school).
Students In Temporary Housing Have The Right To:
- immediately enroll in school and attend classes;
- get free transportation to the school to the local school if transportation is provided to others students;
- get special education services immediately if the student has a current IEP (even if the IEP itself is not available or if it is from another district);
- participate in any school activity that is available to other students and get transportation to and from all before-or after-school activities if it is provided to other students; and
- get free meals without filling out an application.
Frequently Asked Questions
Who Can Help Students Living In Temporary Housing?
Every school district must appoint a Homeless Liaison to help children and youth in temporary housing participate in school. The Yonkers Public Schools Homeless Liaison can be reached at (914) 376-8274.
Can a Student Living In Temporary Housing Stay In The Same School If He/She Moves Out Of The School District?
Yes, the student has the right to attend the school he/she attended when permanently housed as long as he/she does not have to travel more than 50 miles each way.
Can A Student Enroll Himself/Herself In School?
Sometimes. Youth living in temporary housing and not with their parents or legal guardians (known as unaccompanied youth) can enroll themselves in school. In such situations school staff should contact the Homeless Liaison for help.
What If A School Doesn't Enroll A Student Or Provide Transportation Because The District Doubts He/She Is Homeless?
Parents, guardians and unaccompanied youth living in temporary housing have the right to appeal a school’s decision. The school must immediately enroll the student, give him/her a written explanation of its decision, and refer him/her to the district’s Homeless Liaison for help with the appeal process. The student has the right to go to school and get transportation to school until a final decision is made.
The regulations of the 310 appeal process concerning a Homeless Child or Youth and the forms used to file the appeal may be found on the New York State Education Department (NYSED) Office of Counsel’s website.
If A Student Moves Into Permanent Housing, Can He/She Stay In The Same School?
Yes, students who move into permanent housing can stay in the same school until the end of the school year. Some students can stay one more year if it is the student’s last year in that school (for example, a student entering the 8th or 12th grade).