Answer: This depends on the sequence of events. If the student stayed temporarily with someone when her mother first went into rehab, and then later moved in with her father, then the student was McKinney-Vento eligible when the mother first went into rehab. However, if the child moved directly from mother’s home to father’s home, we would be inclined to say that this situation does not meet the threshold for eligibility under the McKinney-Vento Act. 42 USC 11434a(2)(A). There was stable and adequate housing with a parent, who also is seeking through legal means to become the student’s permanent home. Without additional information, that does not appear to be a lack of a fixed, regular, and adequate nighttime residence.

Read more Q&A from Our Inbox

Pin It on Pinterest

Share This