Chapter 10: Hope for Homeless Youth: The McKinney-Vento Act and the Promise of Educational Access and Opportunity

The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) establishes basic levels of service, support, and protection for homeless students and families in the United States and specifically prohibits discrimination while ensuring educational rights. According to the 2014 Annual Homeless Assessment Report, homelessness continues to be a pervasive concern, particularly for children under the age of 18 who account for nearly 25% (135,701) of homeless individuals, and youth between 18 and 24 who represent nearly 10% (58,601) of the homeless population. Despite the statutory protections afforded by McKinney-Vento, a number of barriers persist and prevent full enjoyment of the basic rights established by the Act. Overcoming these barriers in the courts has provided some relief, but is insufficient given the limits of McKinney-Vento. Thus, homeless students and families need school leaders who promote social justice and educational opportunities to prepare them for meaningful participation in democratic society. This chapter provides analysis regarding the legal rights of homeless youth, including an overview of significant cases and federal policy updates, and concludes with several recommendations for school leaders to establish clear guidelines and implement procedures to address the educational needs of homeless students.