McKinney-Vento Act

Rights of Students Experiencing Homelessness

(Information for School-Aged Youth)

If you live in any of the following situations:

  • In a shelter, motel, vehicle, or campground

  • On the street

  • In an abandoned building, trailer, other inadequate accommodations, or

  • Doubled up with friends or relatives because you cannot find or afford housing

Then you have certain rights or protections under the McKinney-Vento Homeless Education Assistance Act.

You have the right to:

  • Go to school, no matter where you live or how long you have lived there. You must be given access to the same public education provided to other students.

  • Continue in the school you attended before you became homeless or the school you last attended, if that is your choice and it is feasible. The School District’s local liaison for homeless education (Talley C. Westerberg, School Social Worker at WHS) must assist you, if needed, and offer you the right to appeal a decision regarding your choice of school if it goes against your wishes.

  • Receive transportation to the school you attended before you became homeless or the school you last attended, if you request such transportation.

  • Attend a school and participate in school programs with students who are not homeless. Students cannot be separated from the regular school program because they are homeless.

  • Enroll in school without giving a permanent address. Schools cannot require proof of residency that might prevent or delay school enrollment.

  • Enroll and attend classes while the school arranges for the transfer of school and immunization records or any other documents required for enrollment.

  • Receive the same special programs and services, if needed, as applied to all other students served in these programs.

  • Receive transportation to school and to school programs.

When you move, you should do the following:

  • Contact the School District’s local liaison for homeless education for help enrolling in a new school or arranging to continue in your former school. (Or, someone at a shelter, social services office, or the school can direct you to the person you need to contact.)

  • Tell your teachers anything that you think they need to know to help you in school.

  • Ask the local liaison for homeless education, the shelter provider, or a social worker for assistance with clothing and supplies, if needed.

The Ten Legal Duties of the Homeless Liaison

  1. Homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies.

  2. Homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency.

  3. Homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs), early intervention services under part C of the Individuals with Disabilities Education Act, and other preschool programs administered by the local educational agency.

  4. Homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services.

  5. The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children.

  6. Public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths.

  7. Enrollment disputes are mediated in accordance with this law.

  8. The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, and is assisted in accessing transportation.

  9. School personnel providing services under this law receive professional development and other support.

  10.  UNACCOMPANIED YOUTHS

    Are immediately enrolled in school;

Have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth, including through implementation of partial credit procedures; and

Are informed of their status as independent students and are able to obtain assistance from the local educational agency liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid (FAFSA).

Dispute Process

For any decision in the enrollment process of a homeless student, including any determination whether a living situation meets the definition of homeless, if the decision is in conflict with the wishes of the homeless student’s parent/guardian, or, if applicable, the unaccompanied youth, the District shall provide a written explanation, in a manner and form understandable to the student’s parent, guardian or unaccompanied youth. District personnel receiving enrollment requests or information pertaining to homeless students should immediately refer those requests to the District Homeless Liaison and Superintendent’s office.

In the event of a dispute, the District shall immediately enroll the student in the school in which the parent/guardian or unaccompanied youth seeks to enroll, which enrollment shall continue pending resolution of the dispute. Additionally, while enrollment disputes are pending, students have the right to participate fully in school and receive all services for which they would be eligible, as the definition of enrollment includes “attending classes and participating fully in school activities.”

Unaccompanied Youth will be assisted throughout the appeal process by the local Homeless Liaison, as specified in the McKinney-Vento legislation.

Please see policy JFABD, Section F, for more detailed information related to the Dispute Process. Please note that records pertaining to this policy are maintained in alignment with the confidentiality provisions of the Family Education Rights Privacy Act (FERPA) and School Board Policy JRA.

Contact Information

  • Local Homeless Liaison for Winnacunnet High School: Talley C. Westerberg, LICSW. Please contact Talley by calling the School Counseling office at (603) 758-9236.

  • Assistant Superintendent for Student Services: Further appeals may be made to Mary A. Toomey, Ed.D., at mtoomey@sau21.nh.gov or (603) 926-8992.

  • NH State Coordinator for Homeless Education: Can be contacted in the case of disputes still remaining unresolved after appeal. The coordinator is Christina Dotson, who can be reached by email at Christina.L.Dotson@doe.nh.gov or by phone at (603) 271-3840.

Information on this page is provided by the National Center for Homeless Education and the State of New Hampshire Department of Education. Please visit them online at www.serve.org/nche and NH Department of Education, Homeless Children and Youth.