McKinney-Vento Rights for Homeless Students

Congruence Law, P.C. Ensures Access and Stability for Students Experiencing Housing Instability

No child should lose their education because they lost their housing. The McKinney-Vento Homeless Assistance Actis a powerful federal law that guarantees school access, stability, and support for children and youth experiencing homelessness—including those living in shelters, motels, cars, campgrounds, or doubled up with others due to hardship.

Schools have a legal duty to identify, enroll, and support students facing housing insecurity—without delay, documentation barriers, or discrimination.

At Congruence Law, P.C., we represent students and families struggling with housing instability who have been denied access, forced to change schools, or deprived of services. We help enforce the law and restore stability when it’s needed most.

Who Is Protected Under McKinney-Vento?

A student is considered “homeless” under federal law if they lack a fixed, regular, and adequate nighttime residence. This includes students who are:

• Living in emergency shelters, transitional housing, or motels

• Doubled up with relatives or friends due to economic hardship

• Living in cars, parks, abandoned buildings, or substandard housing

• Migratory children in the above situations

• Unaccompanied youth, including runaways and those kicked out of home

No proof of homelessness is required beyond a reasonable statement or declaration.

McKinney-Vento Guarantees These Key Rights

➤ Immediate Enrollment. Even without immunization records, school transcripts, proof of residence, or a legal guardian.

➤ School Stability. Students have the right to stay in their school of origin (where they were last enrolled) if it’s in their best interest—even across district lines.

➤ Transportation to School of Origin. Districts must provide or arrange transportation, including buses or public transit.

➤ Access to Services. This includes meals, Title I support, gifted programs, extracurriculars, and special education.

➤ Priority for Preschool Programs. Homeless children must have access to the same early education as housed peers.

Common Violations We See

• Refusing enrollment due to lack of records or permanent address

• Forcing students to change schools because they moved out of district

• Failing to identify or support eligible students (e.g., not asking or informing parents)

• Denying transportation without explanation

• Discriminating against unaccompanied youth or treating them as disciplinary cases

• Retaliating against parents for asserting their rights

What We Do at Congruence Law, P.C.

We advocate for homeless students in public schools and help families access every right and support available under McKinney-Vento. Our services include:

• Challenging enrollment delays and school removals

• Demanding transportation and continuity of services

• Filing complaints with the state coordinator for homeless education

• Securing special education or bilingual services for eligible students

• Assisting unaccompanied youth with enrollment and access

• Protecting families from retaliation or unnecessary scrutiny

We act quickly—because time out of school means time away from safety, meals, and opportunity.

What Schools Say—and Why It’s Often Wrong

“You don’t live in our district anymore.”→ McKinney-Vento gives students the right to stay in their school of origin and receive transportation.

“You need proof of address to enroll.”→ Enrollment must be immediate, even without documents.

“You’re not homeless—you’re staying with relatives.”→ Sharing housing due to hardship qualifies. Families define adequacy, not the school.

“We can’t help until you have a guardian.”→ Unaccompanied youth have enrollment rights and schools must assign a liaison to support them.

Pitfalls to Avoid

• Not identifying yourself as McKinney-Vento eligible. Schools may not ask—you may need to inform them.

• Delaying enrollment while gathering documents. Ask for immediate placement while paperwork is pending.

• Letting the school deny transportation. Request it in writing—many families are wrongly turned away.

• Assuming your situation doesn’t qualify. Housing instability has many forms. We can help clarify your rights.

Why Choose Congruence Law, P.C.

We believe that education should be a source of stability—not another casualty—when housing is uncertain. We step in when schools turn away families in crisis, and we fight to restore dignity, consistency, and legal compliance.

If you or your child is experiencing homelessness and facing school-related obstacles, contact us today: education@congruencelaw.com or at 202-630-8141

Let us help you hold the door open—to school, to support, and to a better future.