Students In Transition

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The McKinney-Vento Act

The McKinney-Vento Homeless Assistance Act is a federal law that defines the education rights of homeless children and youth and the responsibilities of Local Education Agencies (LEAs). The full legislation can be viewed here.

Eligibility

Students are eligible if they lack a fixed, regular, and adequate nighttime residence when experiencing one of the following situations:

are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals [s. 725(1)(B)(i)];
have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings [s. 725(1)(B)(ii)];
are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings [s. 725(1)(B)(iii)];
migratory children living in one (1) of the above circumstances described above [s.725(1)(B)(iv)];
unaccompanied youth not in the physical custody of a parent or guardian AND living in one (1) of the above circumstance described above [s.743.067, F.S.].

If any of these situations describes your student's current housing, then they may qualify for the Students in Transition Program.

Student Rights

If determined eligible for the Students in Transition Program, you have the following rights under the McKinney-Vento Act:

Right to equal access to the same free, appropriate public education as housed students
Right to attend either the last school in which you were enrolled (school of origin) prior to being homeless or the zoned school for where you are currently residing
Right to immediately enroll in school, even if you are missing required documents, such as immunization records and proof of a physical
Right to free meals, regardless of income
Right to request transportation assistance to the school of origin
Right to have the requirement of residency documents temporarily waived

Dispute Resolution

If a dispute arises, the student must be enrolled immediately in the McKinney-Vento eligible school until the dispute is resolved. When a determination has been made, the school district must provide the parent or guardian with a written explanation of its decision and the right to appeal.