There are laws that protect the educational rights of homeless children. The main federal law is called the McKinney-Vento Homeless Assistance Act (MVHAA). It requires school districts to provide specific services and resources to homeless students. The main Illinois law is the Education for Homeless Children Act (EHCA). It protects access to education at the state level.

Who is homeless under MVHAA?

Any child or youth who lacks a fixed, regular, and adequate place to live is homeless.

This includes children or youth who:

• Live in a shelter,
• Share another person’s home because of economic hardship or loss of housing,
• Live in motels, hotels, parks, or camping grounds, or
• Live in cars, public spaces, substandard housing, or bus/train stations.

What educational rights do homeless children and youth have?

Homeless children and youth have the following rights under MVHAA.

Immediate enrollment

Schools must admit homeless children, even if the children missed the deadlines for application or enrollment. Schools cannot require academic records, medical records, or other documents. If students do not have these documents, the school should help them get these documents after they start school.

School choice

Homeless students have a right to stay at their “school of origin.” The school of origin includes the following:

• The school that a child last attended when they had permanent housing;
• The school where they were last enrolled;
• The designated receiving school, if the student has finished the final grade level of the last school.

They can also choose any local public school that other students in the area can attend.

Transportation

Homeless students can get transportation to and from school and school activities.

The school can choose the form of transportation, but it must be appropriate. For example, the school can pay for public transportation, or arrange for school buses or taxi services.

If the student gets housing during the school year, the school must continue transportation services until the end of the school year.

Fee waiver

In Illinois, school fees are waived for homeless students. If a fee is “waived,” the student will not need to pay the money normally required. Homeless students can get free breakfast and lunch from school as well.

Example of school fees that must be waived are:

• Charges for textbooks and class materials
• Charges for use of school property, such as lockers and labs.
• School record and health service fees
• Charges for field trips
• Charges for uniforms
• Charges for sports or fine arts programs
• Graduation fees for caps and gowns
• Driver’s education fees

What if the homeless family has a disagreement with the school?

There might be disagreement between the family and the school about homeless status, free services, school choice, or other issues related to homelessness. To resolve the issue, the school must follow a dispute resolution process. The school must also provide enrollment and transportation until the dispute is over. The students and their families have a right to have a lawyer or advocate help them through the dispute process.

Where to get help

Each school district must have a McKinney-Vento liaison. If homeless students need help at school, they can go to the liaison.

Things that the liaison can help with:

• Immediate enrollment
• Transportation services
• Connecting to community resources
• Waiving fees
• Resolving disagreement with the school

For Chicago Public School students, you can find information about programs and resources on the Chicago Public Schools' website.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.