The McKinney-Vento Homeless Assistance Act (MVA) 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 Homeless Assistance Act authorizes the federal Education for Homeless Children and Youth (EHCY) Program and is the primary piece of federal legislation related to the education of children and youth experiencing homelessness. It was reauthorized in December 2015 by Title IX, Part A, of the Every Student Succeeds Act (ESSA) guarantees educational rights and supports for students experiencing homelessness who meet criteria.

The McKinney-Vento Act is designed to address the problems that homeless children and youth face in enrolling, attending, and succeeding in school. Under this program, state educational agencies must ensure that each homeless child and youth has equal access to the same free, appropriate public education, as other children and youth. The Act requires every Local Education Agencies (LEA) to appoint a local homeless liaison to ensure that homeless children and youth receive all protections and services necessary to succeed in school. The leadership and staff of Hillsborough County Public Schools care about all students and want to ensure the rights of children and youth identified as eligible for services under the McKinney-Vento Homeless Assistance Act (MVA) are protected.

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 briefs on various topics in the law can be found at Resources – National Center for Homeless Education 

According to the federal McKinney-Vento Homeless Assistance Act, a child or youth is considered homeless if they lack a fixed (stationary, permanent, and not subject to change), regular (used on a regular, nightly basis), and adequate ( safe, suitable for the family; provides access to basic needs such as running water, proper sanitation, electricity, and protection from extreme weather) nighttime residence. Eligible living situations include a child or youth, living in one (1) of the following nighttime situations:

1. Living in an Emergency shelter or transitional housing program
2. Sharing the housing of other persons (doubled-up), due to a loss of housing, or economic hardship, or other similar reason., due to a loss of housing, economic hardship, or similar reasons
3. Living in a public or private place not designed as a regular sleeping accommodation for humans (cars, parks, bus or train station, abandoned building)
4. Living in substandard housing (lacks the basic needs such as running water, proper sanitation, electricity, and protection from extreme weather)
5. Living in a hotel, motel, AirBnB, trailer parks, camping grounds due to a lack of alternative, adequate, accommodations.
6. Migratory children living in one (1) of the situations above.
7. Unaccompanied Youth, not in the physical custody of a parent or guardian and living in one (1) of the situations above.

An unaccompanied homeless youth (UHY) is defined as a youth who is not living in the physical custody of a parent or legal guardian AND meets the McKinney-Vento definition of homeless by lacking a fixed, regular, and adequate nighttime residence.  An unaccompanied homeless youth cannot be denied enrollment due to a lack of guardianship.  If there is no parent/legal guardian and/or adult caretaker available to register the student, the school social worker should notify school administration to facilitate immediate enrollment. The District Homeless Liaison should be contacted during the enrollment process to provide assistance or following enrollment to provide follow-up. 

The District Homeless Liaison or the school-based McKinney-Vento liaison is responsible for assisting unaccompanied youth in making the decisions related to school enrollment (school of origin or attendance boundary zone school).

Every child has the right to a free and appropriate public education. Upon identification of a student who meets the definition as described above, school personnel should refer to the registrar for updated coding. Every effort should be made by all school personnel to properly identify homeless children and youth and connect them with appropriate personnel and/or services that best meet their needs. Students identified as McKinney-Vento eligible are granted rights and protections. These rights and protections are designed to ensure that students experiencing homelessness have equal access to education and the support they need to succeed. NOTE: Florida Statute s.1002.31 requires that all children attend school regularly until they are 16 years old. 

1. Immediate Enrollment: Students can enroll in a new school immediately, even if they lack the necessary documents such as proof of residency, immunization records, or previous academic records.
2. School Stability: Students have the right to remain in their school of origin for the duration of the school year (if the Homeless Liaison determines it is in the best interest of the student) or enroll in the attendance boundary zone school for the current nighttime residence.
3. Transportation: Eligible students have the right to receive transportation to and from their school of origin (if the Homeless Liaison determines it is in the best interest of the student) for the remainder of the school year.
4. Free Meals: Students are entitled to receive free meals for the remainder of the school year.
5. Access to Services: Students are entitled to receive educational services comparable to those provided to other students, including programs for students with disabilities, gifted programs,
6. Dispute Resolution Assistance: Receive prompt resolutions about McKinney-Vento services, identification, school enrollment, and school selection (school of origin or attendance boundary zone school only)

While no one enjoys conflict, a dispute resolution process is an important tool to protect the rights and best interests of homeless children and youths, as well as those of the local educational agency (LEA). Parents, guardians, or unaccompanied youths experiencing homelessness and schools or school districts may disagree on issues related to eligibility for McKinney-Vento services, identification, school enrollment, and school selection (school of origin or attendance boundary zone school only). For more information on the Hillsborough County Public Schools Dispute Resolution process, please contact the H.E.L.P. Office at (813) 315-4357 or helpoffice@hcps.net.