McKinney-Vento Preschool Rights: What Families and Liaisons Need to Know
Children experiencing homelessness have the right to stay in their preschool under McKinney-Vento. Use our interactive tool — or download it as a flowchart — to determine if a preschool qualifies under the law.
For many young children experiencing homelessness, preschool is the only access to early education they have. When families move due to homelessness, enrolling in a new local preschool is often impossible — programs are full, waitlists are long, or no options exist nearby. McKinney-Vento preschool rights exist precisely for this reason — to ensure children experiencing homelessness can maintain their access to education.
The Every Student Succeeds Act (ESSA) amended the McKinney-Vento Act to include preschools specifically within the definition of “school of origin.”[1] As a result, children experiencing homelessness can remain in the preschool they attended when permanently housed, or the preschool in which they were last enrolled, if that is in their best interest. [2] This right to remain in the same preschool includes the right to receive transportation to preschool (even if preschool transportation is not typically provided)[3], and continues for as long as the child is homeless, and until the end of the academic year in which the child moves into permanent housing.[4]
Does McKinney-Vento Cover Preschool?
Yes, if the preschool program is administered by a local educational agency. The McKinney-Vento Act includes preschools within the definition of “school of origin,” and liaisons must ensure that homeless families and children can access LEA-administered preschool programs, Head Start and Early Head Start, and early intervention services under IDEA Part C.
What Preschool Programs Qualify Under McKinney-Vento?
The McKinney-Vento Act applies to early childhood programs that are operated, administered, or funded in whole or in part by a local educational agency (LEA). Neither ESSA nor U.S. Department of Education guidance includes a specific definition of “preschool.” A helpful reference is the definition ED uses for McKinney-Vento data collection, which includes the following types of programs:[5]
- Preschool programs operated or administered by an LEA;
- Head Start programs receiving funding from an LEA or for which an LEA receives the grant;
- Preschool special education services operated or funded by the LEA or mandated under the Individuals with Disabilities Education Act;
- Preschool programs and services administered or funded by the LEA through the use of Title I or similar government grants; and
- Home-based early childhood educational services funded and administered by an LEA.
Neither ESSA nor U.S. Department of Education guidance includes a specific definition of “preschool.” Use the tool below to determine whether a specific program qualifies.
Importantly, other early childhood programs prioritize children experiencing homelessness for enrollment:
- Child Care programs are available to children under the age of 13. Many child care programs provide prioritized enrollment for children experiencing homelessness, allowing grace periods to submit eligibility documentation and waiving certain income requirements for caregivers experiencing homelessness. Explore SchoolHouse Connection’s resource Child Care for Children Experiencing Homelessness: What States Need to Know and Do to determine what provisions exist in your state.
- Early Head Start and Head Start programs, even if not receiving funding from an LEA, prioritize expectant parents and children experiencing homelessness for both identification and enrollment. Visit SchoolHouse Connection’s page on the Head Start Program Performance Standards and Homelessness to learn more about how programs implement these standards to increase access for and support the attendance of families experiencing homelessness.
- Home Visiting services are available to expectant and new parents of infants and toddlers, providing flexible service delivery and meeting families where they are, regardless of their living situation.
Is My Early Childhood Program a McKinney-Vento Preschool?”
Use the tool below to find out or download it as a flowchart.
Is the Preschool a Feeder School?
In addition to adding preschools to the definition of school of origin, ESSA also extended school of origin rights to designated receiving schools at the next grade level for all feeder schools.[vi] This raises the question of when preschools should be considered feeder schools. Based on the statute and U.S. Department of Education Guidance, the key question is whether the preschool is a feeder school with a designated receiving school.
Use the tool below to find out or download it as a flowchart.
Frequently Asked Questions
Yes, if the preschool program is administered by a local educational agency. ESSA amended the McKinney-Vento Act to include preschools within the definition of “school of origin.” As a result, children experiencing homelessness have the right to remain enrolled in their preschool, and to receive transportation to get there, even if preschool transportation is not typically provided.
The McKinney-Vento Act applies to early childhood programs operated, administered, or funded in whole or in part by an LEA. Specific examples include: preschool programs operated or administered by an LEA; Head Start programs receiving funding from an LEA or for which an LEA receives the grant; preschool special education services operated or funded by the LEA or mandated under IDEA; preschool programs and services administered or funded by the LEA through Title I or similar government grants; and home-based early childhood educational services funded and administered by an LEA.
The school of origin is the preschool a child attended when permanently housed, or the last preschool in which they were enrolled. The definition also includes the designated receiving school at the next grade level — meaning the kindergarten program the preschool feeds into, if the preschool is a feeder school. Remaining in the preschool of origin is subject to a best interest determination.
It depends on whether an LEA receives the grant or provides funding to the program. If the LEA receives the grant or funds the Head Start program, it is covered by McKinney-Vento and all applicable rights apply.
Many Head Start programs operate independently of the LEA and all Head Start and Early Head Start programs have federal requirements to prioritize children experiencing homelessness. Children who meet the definition of homelessness under the McKinney-Vento Act are categorically eligible for Head Start and Early Head Start and can start attending these programs without proof of age or immunizations. Programs must allow children experiencing homelessness to attend for up to 90 days, or as long as allowed under state licensing requirements, without immunization and other records, to give families time to present necessary documents. Programs must also locate and recruit children experiencing homelessness and may reserve up to 3% of their capacity for homeless children to enroll.
Yes, transportation to the preschool of origin is required — even if the district does not ordinarily provide preschool transportation. This applies for the duration of homelessness and through the end of the academic year if the child moves into permanent housing mid-year.
Rights last for the duration of homelessness. If a child moves into permanent housing during the academic year, the right to remain in the preschool of origin continues through the end of that academic year — as long as it remains in the child’s best interest. Rights do not end the day a family finds stable housing.
No. The McKinney-Vento Act requires immediate enrollment regardless of missing documentation, including immunization records. 42 USC 11432(g)(3)(C)(i)(I). The LEA must refer the family to the homeless education liaison, who must assist in obtaining necessary records. Enrollment cannot be delayed while records are being gathered. There is not a specific time limit on how long McKinney-Vento students can be in school while immunizations or other health records are obtained.
Liaisons should ask about preschool-age children whenever enrolling families with school-age students. For identified preschool-age children, liaisons should determine whether an LEA-administered preschool program is available, facilitate immediate enrollment, assist with any documentation barriers, make referrals to Head Start and other early childhood programs, and coordinate transportation if the child is remaining in a preschool of origin.
Footnotes
[1] 42 U.S.C. §11432(g)(3)(I).
[2] 42 U.S.C. §11432(g)(3)(A).
[3] 42 U.S.C. §11432(g)(1)(J)(iii).
[4] 42 U.S.C. §11432(g)(3)(B).
[5] Early childhood education programs for children aged 0-5, funded through tax dollars or other public funds, and for which the LEA is a financial or administrative agent or for which the LEA is accountable for providing early childhood education services.” Examples of preschool programs included in federal data collection include preschool programs operated or administered by an LEA; Head Start programs receiving funding from the LEA or for which the LEA is the grant recipient; preschool special education services, operated or funded by the LEA or mandated under the Individuals with Disabilities Education Act; preschool programs and services administered or funded by the LEA through the use of Title I or similar government grants; or home-based early childhood educational services funded and administered by an LEA.” National Center for Homeless Education (2016). Guide to Reporting Federal Data. nche.ed.gov/downloads/data-guide-15-16.pdf.