McKinney-Vento Homeless Education Assistance Act is a federal law that ensures immediate enrollment and education stability for homeless children and youth. The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence due to loss of housing, economic hardship, or similar reason. Students who are homeless are not required to provide proof of residency before enrolling.

The McKinney-Vento Definition of Homeless

The term "homeless children and youths"--
(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and

(B) includes--

(i) children and youths who 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 the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;* 

(ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2(C)); 

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

(iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

*Per Title IX, Part A of the Every Student Succeeds Act, "awaiting foster care placement" was removed from the definition of homeless on December 10, 2016; the only exception to his removal is that "covered states" have until December 10, 2017 to remove "awaiting foster care placement" from their definition of homeless.

The McKinney-Vento Act (Section 725) specifies and protects the rights of children and youth in homeless situations. Highlights include:

• Immediate Enrollment - The right to be enrolled immediately in school, without immunization or academic records, and birth certificate, regardless of district policy.
• Choice of Schools - A student experiencing homelessness has two choices in deciding which school to attend:
  • The school of origin (the school the student attended when he/she became homeless).
  • The school in the zone where the student is currently residing.
• Transportation - Students in highly mobile or homeless situations are entitled to transportation to and from the school of origin, if it is feasible, in the student's best interest, and requested by the parent, guardian, or unaccompanied youth.
• Services - Students experiencing homelessness are entitled to the same programs and services that are available to other children in the District, such as gifted and talented education, special education, vocational education, English Language Learner services, and tutoring. Students are automatically eligible for Title I services and Districts must set aside funds as necessary to provide services.
• Free Breakfast and Lunch