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McKinney-Vento 2018-04-18T10:28:14+00:00

On December 10, 2015, President Obama signed into law the Every Student Succeeds Act (ESSA), reauthorizing the Elementary and Secondary Education Act (ESEA). ESSA strengthens ESEA in notable ways, including new provisions related to the education of homeless children and youth. The ESSA integrates best practices nationwide to increase the identification, enrollment, stability, and school success of children and youth experiencing homelessness.

The amendments strengthen the McKinney-Vento Act by focusing on:

  • Identification of homeless children and youths;
  • Preschool-aged homeless children, including clarification that Homeless Liaisons must ensure that these children and their families have access to and receive services, if eligible, under LEA-administered preschool programs, including Head Start, Part C of the Individuals with Disabilities Education Act (IDEA) (Early Intervention Program for Infants and Toddlers with Disabilities), and other preschool programs administered by the LEA;
  • Collaboration and coordination with other service providers, including public and private child welfare and social services agencies; law enforcement agencies; juvenile and family courts; agencies providing mental health services; domestic violence agencies; child care providers; runaway and homeless youth centers; providers of services and programs funded under the Runaway and Homeless Youth Act; and providers of emergency, transitional, and permanent housing, including public housing agencies, shelter operators, and operators of transitional housing facilities;
  • Professional development and technical assistance at both the State and local levels;
  • Removing enrollment barriers, including barriers related to missed application or enrollment deadlines, fines, or fees; records required for enrollment, including immunization or other required health records, proof of residency, or other documentation; or academic records, including documentation for credit transfer;
  • School stability, including the expansion of school of origin to include preschools and receiving schools and the provision of transportation until the end of the school year, even if a student becomes permanently housed;
  • Privacy of student records, including information about a homeless child or youth’s living situation; and
  • The dispute resolution process.

Students who qualify for this program include children and youth who lack a fixed, regular, and adequate nighttime residence.

The term includes—Children and youths who are:

  • sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled-up”);
  • living in motels, hotels, RV parks, or camping grounds due to lack of alternative adequate accommodations;
  • living in emergency or transitional shelters; or
  • abandoned in hospitals;
  • 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;
  • Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
  • Migratory children who qualify as homeless because they are living in circumstances described above.

If, due to a loss of housing, a child must live in a shelter, motel, vehicle, or campground, on the street, in abandoned buildings, or doubled-up with relatives or friends, then they are eligible to receive services provided under the McKinney-Vento Act.


Higher Education:




For more information, please contact:

Dana Malone
State Coordinator for Education of Homeless Children and Youth
New Mexico Public Education Department
Student Success & Wellness Bureau
Comprehensive School Supports Division

Page last updated April 18, 2018