A 17 year old student is living in an apartment with 2 other youth. The housing is adequate, and they have a lease signed by the student’s mother. The mother does not live there, but the property is owned by a family member. The mother and youth share the costs, although the mother is not financially stable. The student currently expresses that she doesn’t need anything. Is she McKinney-Vento eligible?

Answer: There are arguments on both sides, but it appears the student is not eligible. Based on the whole situation, it seems like this is a fixed, regular and adequate nighttime residence. They have a valid lease agreement in the mother’s name, the rent is being...

A 19 year old student, currently experiencing homelessness, would like to enroll in a charter school. I was told that he has to wait for next school year to be entered in the lottery. Aren’t there any lottery exceptions for potential students who are homeless?

Answer: Yes, there are lottery exemptions for students experiencing homelessness.  There is information on this on pages 7-8 of our charter schools toolkit.  The McKinney-Vento Act requires LEAs to remove barriers and provide immediate enrollment even if the student...

Is there a legal citation supporting transportation for students to exams, assessments, etc.? For example, we have a student is in our virtual learning model who needs to come to the school campus for an exam for ESL.

Answer: This falls under 42 USC §11432(g)(1)(I), which requires LEAs to “review and revise policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the...

Can an LEA deny a McKinney-Vento student enrollment in a learning model (distance vs. in-person vs. hybrid) if the LEA has reached capacity in the desired learning model? For example, a family was not able to make the enrollment choice by the LEA’s deadline due to homelessness, or a parent changes her mind after a few weeks.

Answer: There is specific language in the McKinney-Vento Act that addresses this question. First: “C) IMMEDIATE ENROLLMENT- (i) IN GENERAL.– The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the...

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