McKinney-Vento | Foster Care

What is The McKinney-Vento Act ?

42 USC § 11431 – STATEMENT OF POLICY the following is policy of the Congress:

(1)    Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.

(2)    In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youths, the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.

(3)    Homelessness alone is not a sufficient reason to separate students from the mainstream school environment.

(4)    Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

Eligibility Under McKinney-Vento:

Children or youth who lack a fixed, regular, and adequate nighttime residence including:

·       Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason

·       Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations

·       Living in emergency or transitional shelters

·       Living in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings

·       Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings

·       Migratory children living in the above circumstances

·       Unaccompanied youth living in the above circumstances

If your child/children are eligible for McKinney Vento, they have the right to:

• Receive the free, appropriate public education to which they are entitled. 

• Be enrolled in school immediately, even if lacking documents normally required for enrollment. 

• Be enrolled in school and attend classes while the school gathers needed documentation. 

• Enroll in the local school near where they’re living; or continue attending their school of origin (the school they attended when permanently housed or the school in which they were last enrolled), if that is your preference and is in the best interest of your child. If the school district believes that the school you select is not in the best interest of your child, then the district must provide you with a written explanation of its position and offer you the opportunity to appeal its decision. 

• Receive transportation to and from the school of origin, if you request this. 

• Receive educational services comparable to those provided to all other students, according to your child’s need.

Lisa Phillips

State Coordinator, Education of Homeless Children and Youth
North Carolina Department of Public Instruction
Office of the Deputy State Superintendent of Innovation
Federal Program Monitoring and Support Division
Phone:(336) 543-4285
Email: Lisa.Phillips@dpi.nc.gov or lphillip@serve.org

NCHEP Contact Information

Total Number of Students Identified by School Year

National Homeless Data

North Carolina Data

NCHEP "About":  Historical State-Level Homeless Data

NC Homeless Education Program

National Center for Homeless Education

 NCHE Parent Right Brochure: English & Spanish

NCHEP Youth Educational Rights Posters: English & Spanish

NCHEP Parent Educational Rights Posters: English & Spanish

Unaccompanied Homeless Youth

Franklin County Department of Social Services

Franklin County Health Department

If there is a disagreement regarding McKinney-Vento eligibility, a process is in place to appeal the decision. The school must refer the unaccompanied homeless youth, parent, or guardian to the district liaison to carry out the dispute resolution process as expeditiously as possible.

FCS Board Policy - 4125