McKinney-Vento Act

The McKinney-Vento program addresses the problems that homeless children and youth have faced in enrolling, attending, and succeeding in school. Under this program, State educational agencies (SEAs) must ensure that each homeless child and youth has equal access to the same free, appropriate public education - including a public preschool education - as other children and youth. LEAs must ensure homeless students have access to the services they are entitled to so they are empowered to achieve the same state academic standards required of all students. Homeless children and youth should be integrated into the student body at large and may not be separated from the mainstream school environment. States and districts are required to review and undertake steps to revise laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youth.

Education of Homeless Students

Definitions

Homeless: 

Homeless children and youth:

1. means individuals who lack a fixed, regular, and adequate nighttime residence …; and
2. includes—
   1. children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters; are abandoned in hospitals
   2. children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings …
   3. children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
   4. migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

McKinney Vento Homeless

Unaccompanied Youth:

McKinney-Vento Act defines an “unaccompanied youth” as a youth that is not in the physical custody of a parent or guardian.

• “Guardian” is a legal designation representing the person who has legal custody of a student, this designation can only be granted by a judge in a court of law.
• “Guardian” does not include those persons who have signed an “educational affidavit” or notarized document pertaining to a student’s care.
• “Guardian” does not include those persons who have been given a “power of attorney” or notarized letter to care for a student by his/her parent of legal guardian.

An accompanied youth’s living situation must meet the M-V Act’s definition of homeless in order to qualify for M-V services and to be considered a HOMELESS unaccompanied youth…

• A youth may be eligible regardless of whether he/she was asked to leave the home or “chose” to leave their home.
• There is often “more than meets the eye” in a youth’s home life situation

…the circumstances/motivation around a youth leaving their home are inconsequential; only the youth’s current living situation is evaluated.

McKinney Vento Unaccompanied Youth

Age Limits

• There is no age limit for who is considered an unaccompanied youth.
• A student who is age 18 or older in no longer a minor in Texas and may enroll in school and has any number of other rights as an adult.
• TEA defines a youth to be a person who is under as 21 on September 1 of the applicable school year or, for students eligible for special education services, under age 22 on September 1 of the applicable school year.
• Compulsory school attendance for children goes to age 19.
• A person between 18 and 21 years old (22 for special education purposes), otherwise considered an adult is considered a youth for educational purposes in Texas.
• A person between 18 and 21 years old (22 for special education purposes), is considered and unaccompanied youth for educational purposes in Texas if he/she is not in physical custody of his/her parent or guardian.
• A person between 18 and 21 years old (22 for special education purposes), is considered an unaccompanied homeless youth in Texas if he/she is not in the physical custody of his/her parent or guardian and lacks a fixed, regular, and adequate nighttime residence.

 

McKinney Vento Student Residency Questionnaire - Complete if you answered yes to any of the described situations.

McKinney-Vento Act SRQ