Rights under McKinney-Vento Act

Your rights under the McKinney-Vento Act

1. School Stability

  • Children and youth experiencing homelessness can remain in their school of origin for the duration of homelessness and until the end of an academic year in which they obtain permanent housing, if it is in their best interest.[xiii]
  • LEAs must make best interest determinations that presume that staying in the school of origin is in the best interest of the child or youth; consider specific student-centered factors; prioritize the wishes of the parent, guardian, or unaccompanied youth; and include a written explanation and right to appeal if the LEA determines that school stability is not in the best interest of the child or youth.
    • The definition of school of origin now includes both the designated receiving school at the next grade level (if there is a feeder school pattern), and preschools.[xv] (Resource: Preschool to Prevent Homelessness)
    • Transportation to the school of origin is required, including until the end of the academic year when a student obtains permanent housing.[xvi]

2. School Enrollment and Participation

3. Preschool Children

  • The definition of school of origin now includes preschools.[xxi]
  • Liaisons must ensure homeless families and children can access Head Start, Early Head Start, LEA-administered pre-school programs and early intervention services under IDEA Part C, if eligible. [xxii] (Resource: Pathways to Partnership Early Childhood)

4. Credit Accrual and College Readiness