On November 18, as part of its effort to dismantle the U.S. Department of Education (ED), the Trump Administration announced the transfer of the administration of the Office of Elementary and Secondary Education — which includes the McKinney-Vento Act’s Education for Homeless Children and Youth (EHCY) program — to the U.S. Department of Labor. It is unclear whether litigation or Congress will prevent this transfer from taking place, or how the transfer will impact the EHCY program, or its staff.

What is clear is that the U.S. Department of Education — and only the U.S. Department of Education –has specific statutory responsibilities under the McKinney-Vento Act. Without staff with the subject matter expertise and experience to carry out these responsibilities, state and local educational agencies will struggle to uphold the law’s protections. As a result, more than 1.5 million children and youth experiencing homelessness may lose access to the education they need to escape homelessness and achieve stability.

This document describes each of ED’s core legal responsibilities and why they matter to children and youth experiencing homelessness.

Grant Administration

What the Law Requires

Why It Matters for Homeless Children and Youth

ED must award formula grants to state educational agencies (SEAs) to ensure that homeless children and youth can enroll, attend, and succeed in school. 42 U.S.C. § 11432(a)–(b). SEAs then award grants competitively to local educational agencies (LEAs). ED must award grants within 180 days of funds becoming available. 42 U.S.C. § 11434(e)

EHCY is the only federal program dedicated to providing access to school for homeless students. EHCY funds are essential for homeless students to enroll in school, attend, and graduate. LEAs determine how best to use their EHCY funds – for outreach and identification, enrollment assistance, transportation, tutoring, counseling, school supplies, and other direct services. And EHCY funds work: a study found improved academic outcomes in LEAs receiving funds. Delays or uncertainty in EHCY funding hurts children and youth, damaging their attendance and graduation and often leaving them out of school completely, where they are vulnerable to trafficking and other harm.

Technical Assistance and Oversight

What the Law Requires

Why It Matters for Homeless Children and Youth

ED must provide technical assistance to SEAs if the SEA requests it. 42 U.S.C. §11434(b) ED must determine how well state educational agencies (SEAs) ensure access to a free appropriate public education and provide support/technical assistance where barriers persist. 42 U.S.C. §11434(f).  ED must conduct evaluation, dissemination, and technical assistance activities (and use §11435 funds for these). 42 U.S.C. §11434(d)

ED’s assistance to SEAs is critical to make sure homeless students benefit from the law.  SEAs ask ED questions about eligibility for services, immediate enrollment, best interests of students, school placement, transportation, and dispute resolution. Getting authoritative, timely responses means that homeless children and youth get timely help. Disasters, public health crises, and local surges in homelessness require quick federal clarifications so students aren’t turned away. ED’s broader evaluation and technical assistance activities help ensure that the law is implemented effectively and consistently – and homeless children and youth are identified and supported in school – across all 50 states.

Data Collection and Reporting

What the Law Requires

Why It Matters for Homeless Children and Youth

ED must collect and disseminate data on homeless students (including the numbers of homeless children and youth enrolled, primary nighttime residence, and services received). 42 U.S.C. §11434(h). ED must submit a report to Congress on the status of education for homeless children and youths, and on ED’s actions and program effectiveness. 42 U.S.C. §11434(i).

Homelessness among students is often hidden. Federal data help state and local educators see homelessness as a unique educational risk factor. Data help schools identify trends and determine where the program is succeeding and which interventions best support student attendance, achievement, and graduation. Policymakers and education leaders use ED’s data to target resources most effectively and evaluate what works. Reliable ED data also help align schools with Head Start, child care, higher education, and housing partners, so that families and youth aren’t invisible to these key systems of support.

Tribal and BIE Responsibilities

What the Law Requires

Why It Matters for Homeless Children and Youth

ED must transfer 1% of the annual appropriation to the Department of the Interior for Bureau of Indian Education (BIE)‑funded schools, under an inter‑agency agreement that governs use, monitoring, and accountability. (§ 11432(c)(2)(B))

Rates of homelessness in BIE schools are nearly double the national rate. Many BIE schools serve small, remote communities with few resources and little support. BIE relies on EHCY funds and support from ED to ensure Native students receive services and protections under the law.  Moreover, Native students often move between BIE‑funded and other public schools. Federal coordination helps ensure seamless implementation of McKinney‑Vento protections across these systems. ED staff collaborate with BIE staff to ensure consistency and alignment, regardless of which schools Native homeless students attend.

Public Notice

What the Law Requires	Why It Matters for Homeless Children and Youth
ED must update and disseminate the public notice of educational rights and provide it to all Federal agencies and grant recipients serving homeless families, children, and youths. 42 U.S.C. § 11434(c)(1)–(2).	ED provided public notice of McKinney-Vento protections and guidelines in the Federal Register. This notice raised awareness of the core provisions for homeless students among a wide variety of stakeholders: when HHS, HUD, and other federal partners shared ED’s notice, schools, shelters, and community programs were informed about how to help families and youth—reducing gatekeeping and delays.