Answer: It sounds like you are working with youth in foster care. Youth in foster care includes any youth in the care and custody of the child welfare system, regardless of where they are placed (including an ILP or THPP, motel, or other situation), how long they have been in care, or where they lived before they were brought into care. 45 CFR 1355.20(a). Youth in care are not eligible for McKinney-Vento services. However, they are eligible for services for youth in care as defined under Title I, Part A of the Every Student Succeeds Act, which provides for immediate enrollment in school and the ability to remain in the school of origin. 20 U.S.C. § 6311(g)(1)(E)(i). The protections are very similar to those under the McKinney-Vento Act, with the exception that the child welfare agency is responsible for providing transportation to the school of origin, as opposed to the school district.
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