FAQ's



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*** Do school districts have the responsibility to identify or locate children and youth experiencing homelessness?**
YES. Every school district must designate a liaison for children and youth experiencing homelessness. The McKinney-Vento Act requires liaisons to ensure that "homeless children and youths are identified by school personnel and through coordination with other entities and agencies." The purpose of identification is to offer appropriate services to the family, child or youth. Coordination wit schools and community agencies is an essential identification strategy, as are professional development, awareness and training activities within school buildings, school districts, and the community.

*** Is there any guidance on what "fixed, regular, and adequate nighttime residence" means?**
The McKinney-Vento Act states that children and youth who lack "a fixed, regular, and adequate nighttime residence" will be considered homeless. The Act does not define those terms. However, the following definitions may provide guidance: (1) Fixed: Securely placed or fastened; not subject to change or fluctuation. (Merriam-Webster's Colegiate Dictionary, Tenth Edition.) A fixed residence is one that is stationary, permanent, and not subject to change. (e.g. Arizona, Masasachusetts and Michigan McKinney-Vento State Plans, 2002.) (2) Regular: Normal, standard, constituted, onducted, or done in conformity with established or prescreibed usages, rules, or discipline, recurring, attending, or functioning at fixed or uniform intervals. (Merriam-Webster's Collegiate Dictionary, Tenth Edition.) (3) Adequate: Sufficient for a specific requirement; lawfully and reasonbably sufficient. (Merriam-Webster's Colegiate Dictionary, Tenth Edition.) Fully sufficient; equal to what is adequate residence is one that is sufficient for meeting both the physical and physchological needs typically met in home environments. (e.g. Arizona, Massachusetts and Michigan McKinney-Vento State Plans, 2002.) International law defines adequate as follows: "Adequate shelter means... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost." International Covenant on Economoic, Social and Cultural Rights, General Comment 4, paragraph 7 (1991), citing Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000. A flow chart designed to help families and youth determine whether they meet the definition of homelessness under McKinney-Vento is available at [] A "Determining Eligibility" tool is also available at []

*** Is there a time limit on how long a child or youth can be considered homeless?**
No, there is no specific time limit on homelessness. Whether a child or youth meets the definition of homeleessness depends upon the living situation and the individual circumstances. It is a case-specific inquiry. Due to the extremely limited incomes of most families experiencing homelessness (on average, less than half the federal poverty line) and the severe shortage of affordable housing across the country, experiences of homelessness can sometimes last an extended period of time. It is important to distinguish between questions of eligibility (i.e. does the family or youth meet the legal definition of homelessness?) and questions of school selection (i.e. is it the child or youth's best interest to continue attending his or her school of origin?). Families or youth may be homeless for extended periods of time, during the course of which best interest factors may change, depending on specific factors related to their education and housing situation. It is important to establish eligibility first, then consider best interest in school selection. A good practice of many local McKinney-Vento liaisons is to review students' eligibility status and best interest factors at the beginning of each school year to see if circumstances have changed.

*** Are children and youth who live in trailer homes or trailer parks covered by the Act?**
Under some circumstances, yes. Under the McKinney-Vento Act, children and youth who live in trailer parks are covered by the Act if they line in the trailer park "due to the lack of alternative adequate accommodations." 42 U.S.C. 11434A(2)(B)(i). Therefore, whether children and youth living in trailer parks are covered by the Act is a case-by-case determination to be made by the local McKinney-Vento liaison, in light of the family's circumstances. The liaison will need to consider the adequacy of the trailer home, including the number of people living in the trailer, the condition of the trailer, and the availability of running water, electricity, and other standard utilities. If the trailer is inadequate, it should be considered a homeless situation. The relative permanence of the living situation must also be examined: if the family is living in the trailer temporarily, they are likely to be covered by the Act.

*** Are children and youth who move in with relatives, friends, or other people covered by the Act?**
Children and youth who are sharing the housing of others due to loss of housing, economic hardship, or a similar reason are covered by the McKinney-Vento Act. 42U.S.C. 11434A(2)(B)(i). This can include unaccompanied youth who are running away from home, even if their parents state a desire for the youth to return home. Families who share adequate housing on a long-term basis due to preference or convenience would not be covered by the Act.

====*** Can children or youth be considered homeless if their parents have sent them to live with friends or relatives because the parents are too poor to provide a stable home? Is the answer the same if the parents do not live in the United States?**==== Yes and yes. Whether a child meets the definition of homelessness rests upon the child's living situation. A child who has been sent to live with relatives because his or her parents cannot afford to provide safe, stable housing is eligible for the McKinney-Vento Act's protections. The child is sharing the housing of others due to loss of housing, economic hardships, or a similar reason. Whether the parents live in the U.S. or elsewhere is not a factor under the law. Further, the McKinney-Vento Act specifies that the right to choose between the school or origin and local school remains in effect, "regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere." 42 U.S.C. 11432(g)(3)(F), 11434A(2).

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