Answer: Yes, these students are eligible under the McKinney-Vento Act. They qualify because they are staying with others (grandparents) temporarily due to a reason that is similar to loss of housing. 42 USC 11434a(2)(B)(i).
Are students staying with their grandparents after their mother was sentenced to 90 days for committing a felony eligible for McKinney-Vento protections? There has been no transfer of custody to the grandparents or a child welfare agency. The student’s mother is expected to spend 90 days in detention followed by an unknown number of days in mandatory rehabilitation.
Sep 9, 2019 | Q and A