Families in Transition
Children and Youth Experiencing Homelessness
Under federal and state law, children and youth experiencing homelessness have a right to a free, appropriate public education (FAPE). The McKinney-Vento Homeless Assistance Act (federal law) provides assistance to states to help them ensure educational rights and protections for children and youth experiencing homelessness. This program helps State Educational Agencies (SEAs) ensure that homeless children, including preschoolers and youths, have equal access to FAPE, including a public preschool education, as provided to other children and youth.
Who qualifies?
Section 725(2) of the McKinney-Vento Homeless Education Act defines homeless children and youth as individuals who lack a fixed, regular, and adequate night-time residence which includes:
Children and youth who are currently living in a temporary place or residence and sharing housing with others due to; economic hardships, eviction, natural disaster, loss of housing; or living in motels, trailer parks, or camp grounds due to lack of alternative or adequate accommodations; living in an emergency or transitional shelter; or are awaiting foster care placement;
Children and youth who have primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
Children and youth who are living in cars, parks, abandoned buildings, bus or train stations, public spaces, substandard housing, or similar settings;
Migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless due to their circumstances and living in conditions described above; or
Unaccompanied youth (not living with your parent or guardian) living in a temporary situation.
