A. The McKinney-Vento Act specifically covers children awaiting foster care placement. However, the Act does not define that phrase. Before attempting to apply the McKinney-Vento Act to children and youth in state custody, educators and advocates should consult their state laws, regulations and policies (both education and social services) to see if they contain authority for keeping foster children in their schools of origin, providing transportation, and/or requiring immediate enrollment. State or local social services officials and child welfare attorneys will have access to social services laws and policies. When interpreting the McKinney-Vento Act phrase "awaiting foster care placement," state coordinators and school district liaisons should collaborate with state and local social services agencies to advocate for educational services that support the educational needs of individual students. Generally speaking, the definition must apply to children and youth "who lack a fixed, regular, and adequate nighttime residence." Collaboration between education and social services agencies is imperative. School district liaisons, social services personnel, and advocates should engage in a local dialog on this issue, to agree upon categories of out-of-home placements that fall within the statute. Educators and social services personnel should engage the assistance of attorneys from many specialties, including legal aid, education, social services, and guardians ad litem. Communities that have worked collaboratively and systematically have achieved success in applying the McKinney-Vento Act appropriately to children and youth in state custody.

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Q. What is the definition of homeless children or youths?

Q. What is meant by "immediate enrollment?"

Q. What is the "school of origin?"

Q. Do school districts have the responsibility to identify or locate children and youth experiencing homelessness?

Q. Is there any guidance on what "fixed, regular, and adequate nighttime residence" means?

Q. Is there a time limit on how long a child or youth can be considered homeless?

Q. Are children and youth who live in trailer homes or trailer parks covered by the Act?

Q. Are families who move in with relatives or friends covered by the Act?

Q. Is a child automatically considered homeless if a parent is incarcerated?

Q. Is transitional housing considered a homeless situation?

Q. To what extent are children awaiting foster placement covered by the McKinney-Vento Act?

Q. Do incarcerated youth qualify for McKinney-Vento protection services?

Q. What ages does the McKinney-Vento Act cover?

Q. What are a district's responsibilities for advising families about their rights if families do not identify or consider themselves as homeless?

Q. Does the family's/youth's income affect whether they are covered by the Act?

Q. Is there any procedure in place to prevent families who have permanent housing from claiming to be homeless just to obtain McKinney-Vento services?

Q. Does the McKinney-Vento Act's definition of homelessness in the education provisions (Education for Homeless Children and Youths) also qualify the family or youth to access services from other agencies (i.e. housing, food assistance, etc.)?

Q. Are migrant students covered by the McKinney-Vento Act?

Q. Can a district refuse to enroll undocumented immigrants who have no proof of guardianship?