Determining McKinney-Vento Eligibility: Guiding Questions for Liaisons
Use this reference to determine eligibility for services under the McKinney-Vento Act. The guiding questions below can help liaisons gather information in a sensitive, supportive, and confidential manner.
Some living situations – like staying in a shelter or a car – clearly meet eligibility criteria for services under the McKinney-Vento Act. Other situations require more careful discussion. This reference is designed to help school district liaisons determine eligibility for services under the McKinney-Vento Act. The guiding questions below can help liaisons gather information in a sensitive, supportive, and confidential manner.
Who is Eligible? (42 U.S.C. §11434a(2))
Under the McKinney-Vento Act, the term “homeless children and youths” is defined to mean children and youth who lack a fixed, regular, and adequate nighttime residence. The definition specifically includes children and youth who are:
- Sharing the housing of others due to loss of housing, economic hardship, or a similar reason.
- Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations.
- Living in emergency or transitional shelters.
- Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or other similar settings.
- Substandard housing may include lack of utilities, mold, infestation, unsafe conditions, or related issues. (See: U.S. Department Guidance, 2018, Question A3)
- Substandard housing may include lack of utilities, mold, infestation, unsafe conditions, or related issues. (See: U.S. Department Guidance, 2018, Question A3)
Unaccompanied Homeless Youth (42 U.S.C. §11434a(6))
- A child or youth who meets the definition of homeless and is not in the physical custody of a parent or guardian.
- The definition applies to children and youth of any age.
➡️ Learn More About Youth Who Are Experiencing Homelessness On Their Own
Sample Questions to Help Determine Eligibility
The questions below, asked in a safe and supportive manner, have helped liaisons make McKinney-Vento eligibility determinations. It’s important to reassure families and youth that the information is confidential and will only be used to help determine eligibility. All determinations of eligibility are made on a case-by-case basis. When in doubt, consult state or federal guidance and seek support from your state’s McKinney-Vento coordinator.
Program Coordinator, Homeless and Foster Youth Coordinating Program, San Luis Obispo County Office of Education, CA
| Question | Interpretations of Answers |
|---|---|
| “If you could no longer stay here, do you have an idea of where you might go next? We ask this just to help plan ahead and make sure support is available if ever needed.” This question addresses a fixed nighttime residence. | Likely eligible: “No, I don’t know where we’d go.” “In our car.’” “We’d have to find someone else to take us in.” “I’d need to find a motel or a shelter.” Likely not eligible: “We’d rent an apartment.” |
| “Is the lease or rental agreement in your name, someone else’s, or shared? This helps us know what types of support or resources might be available to you.” This question addresses a fixed and regular nighttime residence. | Likely eligible: “I’m not on the lease.” The family or youth has no legal right to remain in the home and could be asked to leave at any time, with no legal recourse. Likely not eligible: “I’m on the lease.” The housing is typically considered permanent. Special considerations: If a student or family mentions an informal lease, or providing payments to the property owner, follow up with clarifying questions to assess the condition of the housing, and whether the arrangement is stable, safe, and adequate. If a family or youth moves in with a partner or significant other, clarify whether the move was the result of lack of other options (potentially eligible). |
| “Can you tell me about the sleeping arrangements where you’re staying? Is there enough space for everyone to rest comfortably?” This question addresses an adequate nighttime residence. | Likely eligible: “We sleep on the floor of the living room.” “Our family of six shares one small bedroom.” “We have a mattress on the concrete basement floor.” Likely not eligible: “We all have our own rooms.” “The two kids share a bedroom, but the rest of us have our own space.” Consider state/local overcrowding guidelines. Some states/communities have square footage guidelines per person—these can help assess overcrowding. |
| “Are you looking for another place to live? We ask all our families to share if they’re looking for new housing, so we can offer support.” This question addresses a fixed and regular nighttime residence. | Likely eligible: “We are trying to find our own place, but can’t find one right now.” “Yes, but our applications keep getting denied due to low credit, no rental history, prior eviction.” Likely not eligible: “We’re waiting for our new home to be ready.” “We’re closing on a house in two weeks.” ⚠️ Note: If a planned move falls through and there are no other housing options, the situation may become McKinney-Vento eligible. Special consideration: Consider cultural norms, but avoid assumptions. Even in culturally-rooted shared housing, eligibility depends on whether the student/family had no other viable housing option. Each case must be assessed individually—avoid assuming culture alone explains the living arrangement. |
| “Do you feel like your living arrangement is stable, or are there times you worry about having to move unexpectedly? Is there a chance you may need to find another place soon?” This question addresses a fixed nighttime residence. | Likely eligible: “They told me we could stay for a little bit.” “I don’t know how long I can stay here.” “We/I stay here on and off.” Likely not eligible: “I can stay as long as I wish.” “We are on the lease.” “We are on the deed.” |
| “Can you tell me about the place you are currently staying—does it feel safe, and does it have what you need, like heat, electricity, or running water?” “How many people are living where you’re staying right now? We ask this so we can see how best to help with space or other needs.” These questions address an adequate nighttime residence. | Likely eligible: “We connect to our neighbor’s outdoor faucet for running water.” “We heat our room by turning on the stove in the winter.” “We share a one-bedroom apartment with two other families.” Possibly not eligible: “We have working utilities.” |