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 young children experiencing homelessness, preschool can be a stabilizing force during a period of upheaval: a place to learn, grow, and build the early skills that support success later in school. Yet homelessness creates significant barriers to enrolling and staying enrolled in preschool: frequent moves, missing documents, full programs, and lack of transportation. The McKinney-Vento Act protects the rights of children experiencing homelessness to enroll and remain in preschools administered by local educational agencies, even when they move.
Does McKinney-Vento Cover Preschool?
Yes, if the preschool program is administered by a local educational agency. Children experiencing homelessness have the right to enroll immediately in an LEA-administered preschool[1], even without the documents normally required, and to remain in their preschool when they move, if it is in their best interest.[2]
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). The McKinney-Vento Act does not include a specific definition of “preschool.” A helpful reference is the definition that the U.S. Department of Education (ED) uses for McKinney-Vento data collection, which includes the following types of programs:[3]
- 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.
Use the tool below to determine whether a specific program qualifies.
Importantly, other early childhood programs prioritize children experiencing homelessness for enrollment:
- Federally-funded child care programs are required to provide prioritized enrollment for children experiencing homelessness under the age of 13. Some states allow grace periods to submit eligibility documentation and waive 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, are required to 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 may be 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, the McKinney-Vento Act also extends school of origin rights to designated receiving schools at the next grade level for all feeder schools. 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. Children experiencing homelessness have the right to enroll immediately in an LEA-administered preschool, even without the documents normally required,[4] and to remain in their preschool of origin when they move, if it is in their best interest.[5] Children experiencing homelessness also have the right to receive transportation to stay in their preschool of origin, even if preschool transportation is not typically provided.
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.
However, many Head Start programs operate independently of the LEA and all Head Start and Early Head Start programs – regardless of the administering agency – are required to prioritize the enrollment of children experiencing homelessness. In addition, 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. All Head Start 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.
It depends on the situation. If a child remains in their preschool of origin, transportation to and from that preschool must be provided at the parent’s or guardian’s request — even if the district does not ordinarily offer preschool transportation.[6] This applies for the duration of homelessness and, if the child moves into permanent housing, through the end of that academic year.
For a child newly enrolling in a local LEA-administered preschool, transportation is treated differently. The child is entitled to transportation comparable to what other students in that program receive[7],and the LEA must identify and address transportation as a barrier to the child’s enrollment and attendance.[8] Where transportation would otherwise keep an eligible child from enrolling or staying enrolled, the LEA is obligated to work to remove that barrier.
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.[9] 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)(C)(i).
[2] § 11432(g)(3)(I)(i)
[3] 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.
[4] 42 U.S.C. § 11432(g)(3)(C)(i).
[5] § 11432(g)(3)(I)(i)
[6] 42 U.S.C. § 11432(g)(1)(J)(iii).
[7] 42 U.S.C. § 11432(g)(4)(A)
[8] 42 U.S.C. § 11432(g)(1)(I).
[9] 42 USC 11432(g)(3)(C)(i)(I).