Homeless Education

Rights Under McKinney-Vento

Students identified as homeless are entitled to:

• Immediate enrollment in school, even if records such as proof of residency, immunizations, or prior academic records are not available.

• The right to remain in their school of origin (the school they were attending before becoming homeless) if it is in the student’s best interest.

• Transportation to the school of origin when needed.

• Access to programs and services that support academic success, including meals, extracurricular opportunities, and counseling.

Who Are Homeless Children and Youth?

Homeless children and youth are individuals who lack a fixed, regular, and adequate nighttime residence, including:

• 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 adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals
• 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
• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
• Migratory children who qualify as homeless because the children are living in circumstances described above

McKinney-Vento Homeless Assistance Act, Title VII, Subtitle B, Section 725(2)

Questions regarding McKinney-Vento eligibility should be directed to:  

Pheobie Thomas, State Coordinator
New Jersey Department of Education
Office of Supplemental Educational Programs
Telephone: (609) 376-9080
mckinney.vento@doe.nj.gov 

Who Qualifies as Homeless?

Children and youth are considered homeless if they lack a fixed, regular, and adequate nighttime residence. This includes:

• Living with friends or relatives due to loss of housing or financial hardship (“doubled-up”).

• Staying in motels, hotels, trailer parks, or campgrounds because of lack of alternatives.

• Living in emergency or transitional shelters.

• Having a nighttime residence not ordinarily used for sleeping (e.g., cars, parks, abandoned buildings, or public spaces).

• Migratory children living in any of the above situations.

What to Do If You Are Experiencing Homelessness

If your family is facing homelessness or housing instability, please reach out to your child’s school counselor or the District Homeless Liaison. The liaison will:

• Review your living situation confidentially.

• Determine eligibility under McKinney-Vento.

• Work with you to ensure your child’s educational stability.

• Connect you with services, including school meals and transportation if eligible.

We understand this may be a very difficult time for your family, and we are committed to supporting your child’s education and well-being.

How do I appeal a determination?

• Enrollment or Homeless Status Disputes

  • The involved school district(s) or parent/guardian must immediately notify the Executive County Superintendent.

  • In consultation with the NJDOE McKinney-Vento Coordinator, the Executive County Superintendent will make an immediate determination.

  • If disagreement remains after this decision, the parent or district may appeal to the New Jersey Commissioner of Education.

• School District of Residence Disputes

  • If school districts cannot agree on which district is the “district of residence,” they must notify the Executive County Superintendent.

  • A determination will be made as quickly as possible, and no later than 48 hours.

  • Appeals may be made either to the NJDOE Division of Finance or to the Commissioner of Education, depending on whether homelessness or enrollment is also disputed.

• Immediate Enrollment Requirement

  • No dispute or appeal may delay a student’s enrollment.

  • The child or youth will remain enrolled in the school preferred by the parent/guardian while the dispute is resolved.

• Students With Disabilities

  • Disputes involving services for students with disabilities follow special education procedures under N.J.A.C. 6A:14.