The McKinney-Vento Assistance Act is the primary federal legislation addressing the education of children and youth experiencing homelessness in U.S. public schools. Subtitle VII-B of the McKinney-Vento Assistance Act, reauthorized in 2015 by Title IX, Part A of the Every Student Succeeds Act (42 U.S.C. § 11431, guarantees educational rights and supports for students experiencing homelessness. Because of the often uncertain living situations of these students, school may be their only opportunity to benefit from a stable environment, consistent adult attention, positive peer relations, academic support, and access to regular meals. Under the McKinney-Vento Homeless Education Assistance Act, all Local Education Agencies (LEA) must provide specific services to homeless youth.

The full text of the law can be found at 42 USC CHAPTER 119, SUBCHAPTER VI, Part B: Education for Homeless Children and Youths (house.gov)

In addition, a comprehensive series of issue briefs on various topics in the law can be found at http://www.serve.org/nche/briefs.php.

According to the federal McKinney-Vento Assistance Act, a child or youth is eligible if they lack a fixed, regular, and adequate nighttime residence that includes one (1) of the following:

• Sharing the housing of other persons temporarily due to loss of housing, economic hardship, or similar reason (doubled-up),
• Living in emergency shelter, transitional housing, or abandoned in hospitals.
• Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
• Living in motels, hotels (Airbnb), temporary trailer parks, or camping grounds due to the lack of alternative adequate accommodations.
• Migratory children living in one (1) of the situations above.
• Unaccompanied Youth, not in the physical custody of a parent or guardian and living in one (1) of the situations above.

Every child has the right to a free and appropriate public education. Florida Statute s.1002.31 requires that all children attend school regularly until they are 16 years old. Children and youth who fit the federal definition of homelessness under the McKinney-Vento Assistance Act have the right to:

• Immediate school enrollment and attendance, even in the absence of records required for enrollment at either the school of origin (the school last attended before they lost their housing) or the neighborhood school (the school they are zoned for based upon their current living situation).
• Remain at their school of origin for the duration of the school year.
• Transportation to and from the “school of origin” school for the duration of the school year.
• Receive free breakfast and lunch immediately for the duration of the school year.
• Receive prompt resolutions about school placement, to include special education, bilingual education, gifted, and remedial programs.