McKinney-Vento Homeless Assistance Act
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The McKinney-Vento Homeless Assistance Act of 1986 (Pub. L. 100-77, July 22, 1987, 101 Stat. 482, et seq.) is a United States federal law that provides federal money for shelter programs. [1] [2] It was the first significant federal legislative response to homelessness, and was passed and signed into law by President Ronald Reagan on July 22, 1987. The McKinney Act originally had fifteen programs providing a spectrum of services to homeless people, including the Continuum of Care Programs: the Supportive Housing Program, the Shelter Plus Care Program, and the Single Room Occupancy Program, as well as the Emergency Shelter Grant Program. It established the Interagency Council on the Homeless (later called the Interagency Council on Homelessness) [3]. The legislation has been amended several times since it was first written and enacted. Much of the wording of the act still has great significance:
United States Code, Title 42, Chapter 119, Subchapter I, § 11301. [Laws in effect as of January 6, 1999] [Document not affected by Public Laws enacted between January 6, 1999 and October 26, 2000] [CITE: 42USC11301] (a) Findings The Congress finds that-- (1) the Nation faces an immediate and unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, families with children, Native Americans, and veterans; (2) the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless; (3) the causes of homelessness are many and complex, and homeless individuals have diverse needs; (4) there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, and the different needs of homeless individuals; (5) due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and (6) the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless. (b) Purpose- It is the purpose of this chapter-- (1) to establish an Interagency Council on the Homeless; (2) to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and (3) to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans. (Pub. L. 100-77, title I, Sec. 102, July 22, 1987, 101 Stat. 484.) [4] [5] [6] [7]
Education Rights Under McKinney-Vento
The McKinney-Vento Act also ensures homeless children transportation to and from school free of charge, with their choice of what school they want to attend regardless of what district the family resides in. It further requires schools to register homeless children even if they lack normally required documents, such as immunization records or proof of residence. To implement the Act, States must designate a statewide homeless coordinator to review policies and create procedures, including dispute resolution procedures, to ensure that homeless children are able to attend school. Local school districts must appoint Local Education Liaisons to ensure that school staff are aware of these rights, to provide public notice to homeless families (at shelters and at school) and to facilitate access to school and transportation services.
The McKinney-Vento Act is a conditional funding act. This means that the federal government gives grants to states and, in return, the grantee states are bound by the terms of the act. If a state chooses not to accept federal funds for these purposes, it does not have to implement the act.
Who is Covered by the Act
“Homeless” children are entitled the protections of the McKinney-Vento Act. The Act defines homeless children as “individuals who lack a fixed, regular, and adequate nighttime residence.” The act goes on to give examples of children who would fall under this definition:
(a) Children sharing housing due to economic hardship or loss of housing;
(b) Children living in “motels, hotels, trailer parks, or camp grounds due to lack of alternative accommodations”
(c) Children living in “emergency or transitional shelters”
(d) Children “awaiting foster care placement”
(e) Children whose primary nighttime residence is not ordinarily used as a regular sleeping accommodation (e.g. park benches, etc)
(f) Children living in “cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations…”
State Implementation of the Act
Unfortunately, like many federal education (and other) acts, the requirements are grossly underfunded. Each year, Congress allocates as little as 1/3 of the funding necessary to implement the McKinney-Vento Act. While some states are amply complying with the Act (for example, Delaware) others are falling grossly short. The failures of states to adequately implement the act -- removing barriers to enrollment and developing transportation systems -- has been the subject of numerous law suits. The National Law Center on Homelessness and Poverty successfully litigated cases against the District of Columbia and the State of New York. See Lampkin v. District of Columbia, 27 F.3d 605 (D.C. Cir. 1993); remanded to trial at 879 F. Supp. 116 (D. D.C. 1995); Nat’l Law Ctr. on Homelessness and Poverty v. New York, 224 F.R.D. 314 (E.D.N.Y. 2004). (In Lampkin, the District initially rejected further federal money to avoid complying with the act. Ultimately, however, the District changed its position and began receiving federal funds and more meaningfully implementing the act). A case has also been successfully litigated in Maryland. See Bullock v. Maryland, 210 F.R.D. 556 (D. Md 2002). Other cases are currently being litigated around the country, including an action against the State of Hawaii, brought by the ACLU Foundation of Hawaii and Lawyers for Equal Justice, alleging wholesale violations of the Act. Kaleuati v. Tonda, CV07-504 (D. Haw).
http://www.ed.gov/legislation/FedRegister/other/2002-1/030802a.html
This legislation is considered landmark legislation for the homeless.
[edit] Notes
See also Homelesslaw.info - a law librarian's collection of questions and answers about legal research issues that might arise in a homeless person's daily life.
