Adopted: April 2003
Revised: December 2025
Download 501.8AR - Students Experiencing Homelessness
1. Purpose – The purpose of this regulation is to ensure that children and youth who are experiencing homelessness receive the same educational opportunities as other students who are stably housed. The regulation is intended to ensure compliance with the McKinney-Vento Homeless Assistance Act and applicable Minnesota Law.
2. Definition – Federal law defines children and youth experiencing homelessness as individuals who lack a fixed, regular and adequate nighttime residence. Such individuals include children and youth in the following situations:
2.1 Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters, or are abandoned in hospitals.
2.2 Children and youth 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.
2.3 Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings.
2.4 Migratory children who qualify as homeless because they are living in circumstances described above.
2.5 Unaccompanied homeless youth (UHY) who are in one of the living situations listed above and are not in the physical custody of a parent or guardian.
3. Eligibility Determination
3.1 Information regarding a student’s current living situation shall be reviewed by the staff person designated by the school district to determine eligibility for McKinney-Vento rights and responsibilities in accordance with the previous definitions of children and youth experiencing homelessness.
3.2 When a student is determined to be McKinney-Vento eligible, they are granted rights to educational stability, transportation, and other services as defined in this regulation. Parents, guardians, and/or UHYs will be notified of the district’s decision regarding McKinney-Vento eligibility and will receive written notice of the district’s dispute resolution process and their right to appeal a denial.
4. Educational Stability – Federal law requires local school districts to provide educational stability for McKinney-Vento eligible students, as described below.
4.1 District 196 will allow students to enroll in the local school or keep students in their schools of origin, to the extent feasible, unless it is against the parent’s, guardian’s or UHY’s wishes. McKinney-Vento eligible students will be permitted to remain in their schools of origin for the duration of their homelessness the school year and until the end of any academic year in which they move into permanent housing.
4.2 The school of origin is defined as the school the student attended when permanently housed or the school in which they were last enrolled. If the school district believes that the school selected is not in the best interest of the student, then the district must provide a written explanation of its position and inform parents, guardian or UHY of the right to appeal its decision.
5. Transportation
District 196 will provide transportation for McKinney-Vento eligible students to the school of origin at the request of the parent or guardian or, in the case of an UHY, at the request of the the staff person designated by the school district to determine eligibility for McKinney-Vento rights.
5.1 If the school of origin is in District 196, District 196 will provide and pay for the transportation.
5.2 If the school of origin is outside of District 196, District 196 will work with the school of origin’s district to jointly determine how transportation will be provided consistent with Minnesota Statute Section 120A.20.
5.3 In circumstances in which District 196 is responsible for transportation to the school of origin, the transportation services will be comparable to those provided to other district students.
6. Immediate School Access – Federal law requires local school districts to provide immediate school access for McKinney-Vento eligible students, as described below.
6.1 District 196 will immediately enroll McKinney-Vento eligible students, even if they do not have required documents such as school records, medical records, proof of residency or other documents. In this context, “enroll” means to allow the students to attend classes and participate fully in school activities. The district will not deny free admission to a student experiencing homelessness solely because the district cannot determine that the student is a resident of the district.
6.2 A school in which a McKinney-Vento eligible student enrolls will obtain school records from the student’s previous school, while the student is enrolled in school.
6.3 The staff person designated by the school district to determine eligibility for McKinney-Vento rights will immediately help obtain immunizations or immunization records or medical records for homeless students who do not have them.
7. McKinney-Vento Liaison
7.1 Federal law requires local school districts to appoint a McKinney-Vento liaison.
7.2 The student support coordinator shall be the McKinney-Vento liaison for District 196. The liaison is responsible for the following:
7.2.1 Ensuring that McKinney-Vento eligible children and youth are identified;
7.2.2 Ensuring that McKinney-Vento eligible children and youth enroll in, and have full and equal opportunity to succeed in, District 196 schools;
7.2.3 Ensuring that McKinney-Vento eligible children and youth and their families receive educational services for which they are eligible, including early intervention services and preschool programs administered by the district, as well as referrals to health, mental health, dental, housing, substance abuse and other appropriate services;
7.2.4 Ensuring that public notice of the educational rights of McKinney-Vento eligible students is disseminated where parents, guardians, children and youth receive services, in an understandable manner and form, and
7.2.5 Ensuring that parents or guardians are informed about educational and related opportunities available to their McKinney-Vento eligible children, are provided with meaningful opportunities to participate in the education of their children, and are informed of and assisted in accessing all transportation services, including to the school of origin.
7.2.6 Ensuring that disputes are mediated and serving as the District 196 staff person designated to hear appeals pursuant to section nine (9) below.
7.2.7 Ensuring that school personnel providing McKinney-Vento services receive professional development and other support.
7.2.8 Ensuring that UHY are enrolled in school, have opportunities to meet the same challenging state academic standards as other children and youth, including through receiving partial credits, and are informed of their status as independent students for the FAFSA and receive verification of that status.
7.2.9 Providing assistance and consultation to the staff person designated by the school district to determine eligibility for McKinney-Vento rights and responsibilities.
8. Title I Services – Federal law requires local school districts to serve students eligible under the McKinney-Vento Homeless Assistance Act students with Title I funds.
8.1 A child or youth who is McKinney-Vento eligible and is attending any District 196 school is automatically eligible for Title I services, regardless of their current academic performance.
8.2 District 196 will reserve or set aside funds needed to provide services to those provided to children in Title I-funded schools to serve McKinney-Vento eligible children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children experiencing homelessness may live.
9. Notice and Appeals – Parents, guardians and UHYs will be provided with written notice of the district’s decision regarding eligibility for enrollment, school selection, transportation, and/or other McKinney-Vento services. This written notice will include the district’s dispute resolution process and their right to appeal a denial (Procedure 501.8.3.4P, Dispute Resolution Process).
References:
- Minnesota Statute § 120A.20, Admission to Public School
- Minnesota Statute § 124D.08, School Boards' Approval To Enroll In Nonresident District; Exceptions.
- 42 U.S.C. § 11431 et seq., McKinney-Vento Homeless Assistance Act of 2001
- McKinney-Vento Education for Homeless Children and Youth, Minnesota Department of Education
- MSBA/MASA Model Policy 707, Transportation of Public School Students