A student’s father was incarcerated, and shortly after the mother passed away. The student has been staying with a relative for the past year. The relative does not have custody. Does this student qualify for McKinney-Vento?

Answer: Yes. Based on the information you provided, the student is staying with others due to loss of housing, and the situation does not sound fixed, regular, and adequate (no custody, and father is incarcerated, presumably temporarily). 42 USC 11434a(2)(A)-(B). Read...

Can an unaccompanied homeless youth be forced to leave their school of origin and attend an alternative school based on grades? This youth wants more than anything to stay at their school. Grades and attendance have been an issue.

Answer: It would be important to look at whether changing to the alternative placement might lead to him/her dropping out of school. The McKinney-Vento Act requires school districts to eliminate barriers to enrollment (including full participation) and retention in...

A McKinney-Vento family has split up, with mother staying in District A, child staying with a family member in District B, and the school of origin in District C. In which districts can the child attend school?

Answer: Under the McKinney-Vento Act, the child has the right to remain in the school of origin (District C), or attend any school that other children living where the child is living are eligible to attend (District B). 42 USC 11432(g)(3)(A). State laws also may give...

I have a McKinney-Vento student staying with me, and he is transferring schools since he has moved. He is automatically ineligible for 50% of his wrestling matches per athletic association rules. Can you assist with a sample letter or rules/laws for McKinney-Vento students that apply to athletic participation?

Answer: Under the McKinney-Vento Act, students experiencing homelessness must be able to participate fully in athletic activities. 42 USC 11434A(1). You can read and download a brief that explains his rights here, and we also have a sample template and advocacy tools...

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