Who qualifies for services under the McKinney-Vento Act?
Section outline
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The law states that any child or youth who lacks a "fixed, regular, and adequate nighttime residence" or/and unaccompanied youth, may qualify for McKinney-Vento services.
Fixed: one that is stationary, permnanent, and not subject to change
Regular: one which is used on a regular (i.e. nightly) basis
Adequate: one that is sufficient for meeting both the physical and psychological needs typically met in home enviroments.
This may include students who are:
- Living in a motel or hotel
- Living in a shelter (i.e. domestic violence shelter, homeless shelter, temporay group home while in *CPS Custody)
- Temporarily staying with friends or relatives due to economic hardship and/or loss of home. (Please note: families who choose to live together and share housing do not qualify)
- Living in places not ordinarly used for sleeping (i.e. car, park, public places, abandon building)
- "Unaccompanied youth" (youth who are on their own and no in the legal custody of a parent or legal guardian)
- *Awaiting foster care placement
*For children who are in the custody of Department of Child Safety (DCS) (also known as CPS) and awaiting foster care placement:
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- a student may be eligibile for MV services for the remainder of the school year from the time they are initially removed from the child's home and placed in foster/kinship care by CPS. (if the child is is placed during the last school quarter of the school year, eligibility may continue through the new school year, if feasible and in the child's best terest)
- a student temporarily residing in a group care (group home or shelter) placed by CPS after initial removal from the child's home while awaiting placement in foster care, may be eligible.
For children who have been in foster care:
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- Children who are already in foster care are not considered homeless. (G-10, McKinney-Vento Non Regulatory Guidance July 2004)
Please contact Araceli Mendoza for further information regarding DCS/CPS Students and students in Foster Care.
Arizona Deparment of Education, Memo to McKinney-Vento Homeless Education Liaisons, December 19, 2011
Please Note: McKinney-Vento Eligibility ends at the end of the school year.