The educational rights of children and youth experiencing homelessness are established under the McKinney-Vento Homeless Assistance Act. This act is the primary piece of federal legislation dealing with the education of children and youth experiencing homelessness in U.S. public schools. It was reauthorized as Title X, Part C, of the No Child Left Behind Act in January 2002 and again in December 2015 through the Every Student Succeeds Act. This federal law includes the Education of Homeless Children and Youth Program that entitles children who are determined to be homeless to free, appropriate education and requires schools to remove barriers to their enrollment, attendance, and success in school. To qualify for these rights, children and youth must be considered homeless according to the McKinney-Vento definition of homeless.
The McKinney-Vento Definition is as follows:
Children or youth who lack a fixed, regular, and adequate nighttime residence.
EXAMPLES OF LIVING SITUATIONS THAT MAY QUALIFY A STUDENT AS MCKINNEY-VENTO INCLUDE, BUT ARE NOT LIMITED TO:
LIVING WITH A FRIEND, RELATIVE, OR ANOTHER PERSON/FAMILY BECAUSE OF A LOSS OF HOUSING DUE TO ECONOMIC HARDSHIP
STAYING IN A MOTEL OR HOTEL BECAUSE OF A LOSS OF HOUSING, FLEEING DOMESTIC VIOLENCE, OR A NATURAL DISASTER
LIVING IN A SHELTER
LIVING IN A CAR, PARK OR PUBLIC PLACE, ABANDONED BUILDING, OR BUS STATION
LIVING TEMPORARILY IN SUBSTANDARD HOUSING
LIVING IN A CAMPGROUND OR AN INADEQUATE TRAILER HOME
LIVING IN A RUNAWAY OR HOMELESS SHELTER; RUNAWAY YOUTH
YOUTH LIVING ON THEIR OWN, EVEN IF THEIR FAMILIES WANT THEM TO COME HOME.
If you believe you or your children may be eligible, please ask your school's staff how to contact your school social worker or school counselor. Please let them know you are interested in completing a McKinney-Vento eligibility application. If you are unable to contact any of the above-mentioned school staff, please contact:
Liz Batson, McKinney-Vento Liaison
704.796.0109
elizabeth.batson@cabarrus.k12.nc.us
Students determined to be eligible by the Liaison through the McKinney-Vento Act have the right to:
- Receive the free, appropriate public education to which they are entitled.
- Be enrolled in school immediately, even if the documents normally required for enrollment are not available.
- Be enrolled in school and attend classes while school staff gathers needed documents.
- Enroll at the school where you are currently residing or attend the school of origin - if that is preferable and is in the student's best interest.
- Receive a written explanation of any determination that remaining at the school of origin is not in the student's best interest, including a notification of your right to appeal the decision.
- Receive educational services comparable to those provided to all other students, according to your child’s needs.
- Receive free lunch and breakfast through the Child Nutrition Program.
Students determined to be eligible by the Liaison through the McKinney-Vento Act are expected to:
1. Notify your school's social worker of any changes in your living circumstances before or immediately after the move.
2. Contact your school's social worker when you will NOT be using the transportation services provided.
3. Be available for reviews of service, needs, and eligibility status with school social work staff.
These will occur at least annually:
- during the Spring
- at the time of any change in placement
- as indicated by the school counselor or student services staff.
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