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.
A middle school student, who lived with the custodial parent, lost her permanent housing because parent is in rehab for a period of time. Her non-custodial parent moved to the area and secured adequate housing (in a nearby district), where his daughter is now residing. The non-custodial parent is going to court to gain custody of his daughter. Should this be considered a McKinney-Vento issue?
Jul 1, 2019 | Q and A