Homeless Education


The McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 U.S.C. § 11431-11435) is federal legislation that ensures the educational rights and protections of children and youths experiencing homelessness. It requires all local educational agencies (LEAs) to ensure that homeless students have access to the same free, appropriate public education, including public preschools, as provided to other children and youths. The McKinney-Vento Act defines LEAs as public school districts, direct-funded and locally funded charter schools, and county offices of education. The McKinney-Vento Act also authorizes the funding for the federal Education for Homeless Children and Youths Program.


Definition of Homeless

McKinney-Vento Act definition of homeless children and youths.


McKinney-Vento Resources


Under the McKinney-Vento Act of 2001 - Title X, Part C, of the No Child Left Behind Act 0 Sec 725, children in transitional situations have the right to:

1. Go to school, even if they do not have a permanent address

2. Enroll immediately, even if immunization records, tuberculosis skin test results, and other documents normally required for enrollment are missing

3. Choose to attend either:

(A) Their School of Origin - the school attended when permanently housed or any school attended within the last 15 months

 (B) Their School of Residence - the school in the attendance area where the student is temporarily living

4. Enroll, attend classes and fully participate in all school activities while the school arranges for the transfer of records

5. Receive transportation to and from the School of Origin, if the student/parent/guardian meets certain criteria

6. Automatic eligibility for free school meals

7. Have access to the same services and programs that are available to ALL students. 

Dispute Resolution Letter San Marcos Unified School District follows the California Department of Education guidelines. The attached letter outlines the law and steps to ensure that disputes are resolved promptly while safeguarding the rights of all parties.

San Marcos Unified School District Dispute Resolution Form This form is to be completed by a parent/guardian or unaccompanied youth when a dispute regarding enrollment or school placement of a homeless student has arisen.

For additional assistance, please contact: Cynthia Flores, McKinney-Vento Homeless Liaison, at 760-290-2381 or [email protected]