Homeless Education

If you do not have a fixed, regular and adequate nighttime residence, your children have the right to be enrolled immediately in school. Just contact the nearest public school and ask to speak to the “homeless liaison.” A “liaison” is a person who acts as a coordinator. The school’s homeless liaison can help you with any paperwork or issues with enrolling. The Vermont Agency of Education has a contact list for Vermont homeless liaisons.

Best interest: School of origin or new school

The homeless liaison, with your input, will determine the school that is in your child’s best interest to attend.

The law favors stability for homeless children. This means the law assumes that attending their school of origin would be in your child’s best interest. The school of origin is the last school your child attended before you became homeless.

At other times, it may be in your child’s best interest to change schools. If you would prefer that your child attend the public school in the area where you are now living, be sure to tell the homeless liaison. Your preference is the most important factor the liaison must consider when deciding the school your child will attend.

If the school decides it would not be in your child’s best interest to attend their school of origin, they must tell you in writing with an explanation for their decision. You have the right to dispute the best interest determination. See the dispute resolution section below for more information.

Your children have the right to stay in the school of origin during the entire time that you are homeless, even if you are homeless for years or you move to temporary housing in another school district or even another state.

There is no time limit placed on how long a student can be considered homeless. Your child is eligible under the McKinney-Vento Act as long as your family does not have a fixed, regular and adequate nighttime residence. 

If you move into permanent housing in another school district during the school year, your child can finish that academic year in the school of origin. See the transportation section below for more information.

Private schools

The McKinney-Vento Act does not apply to private schools. Private schools are not required to allow your child to enroll or continue to attend if you become homeless. 

However, if you now live an area where local children attend a private school as if it were a public school — a situation that is common in Vermont — that school must treat your child the same as any other child in the district.

If your child attends their school of origin, transportation must be provided if you ask for it. This is true even if the school district does not provide transportation for other students. If your child changes schools, the new school district must provide transportation equal to that provided to students who are not homeless.

Generally, the school does not have to provide “door-to-door” transportation. There are some exceptions to this rule. For example, if you live by a dangerous intersection, and crossing that intersection would put your child’s safety at risk, door-to-door transportation may be appropriate.

The school may just provide free public transportation if public transportation is appropriate for the student. If using public transportation is dangerous (for example, if your child is very young), or public transportation requires an unreasonable length of time, another mode of transportation may be needed.

Distance from the school

There are no specific limits on how far you can live from your child’s school of origin and still be able to get transportation. If the commute is very long, that can be an argument against the school of origin being in your child’s best interest. However, if you live in a rural community where long commutes are normal, the need for transportation should be evaluated in that context.

Reimbursement if you provide transportation

Generally, if you provide your child’s transportation, the school will reimburse you for transportation costs. School districts may give gas vouchers or mileage reimbursement if providing your own transportation is a cost-effective means of meeting the school district’s transportation obligations.

Homeless children must have equal access to school activities and programs for which they are eligible. 

Examples of school activities are:

• sports
• clubs
• field trips.

Programs include:

• special education
• preschool
• school nutrition
• before-school and after-school care.

If the school your child attends offers these activities and programs, your child must be allowed to take part if they are eligible.

If fees for activities and programs are a barrier to your child’s full participation, those fees should be waived or paid with donations or district funds. The district’s homeless liaison should help you figure out how to get fees waived. If the school refuses, contact us at Vermont Legal Aid.

Your child can play on school sports teams even if your family does not meet the residency requirements. School athletic associations are considered to be part of the state. They have to exempt you from sports participation rules that you cannot meet due to your homelessness and mobility. 

States are required to have procedures for resolving disputes involving the education of homeless children. Some local school districts also have procedures for resolving disputes at the local level.

Parents, unaccompanied youths and adult students can dispute decisions about:

• eligibility for McKinney-Vento protection
• school selection, and
• enrollment.

Under the definition of enrollment, the law includes being able to attend classes and participate fully in school activities.

The school must tell you in writing of any decision it makes about eligibility, school selection or enrollment under the McKinney-Vento Act. The written notification must also tell you about your right to appeal the decision and how to start an appeal.

If you disagree with a decision the school makes about eligibility, school selection or enrollment under the McKinney-Vento Act, you should ask for access to the dispute resolution process.

Keep in mind, when a dispute involves enrollment, the school must:

1. enroll your child immediately and until the dispute is resolved, and
2. continue to enroll you or your child during your appeal or until a suitable school is found.

The law prevents schools from refusing enrollment until your appeals to the school, school board and commissioner are completed. 

If you are having an enrollment dispute and would like help, contact us at Vermont Legal Aid.

• For an introduction to homeless education issues, visit the National Center for Homeless Education website.
• For information to help Vermont students having housing problems, visit the Vermont Agency of Education Homeless Children and Youth Program website.