Mckinney-Vento: A Law To Support Homeless Students

The McKinney-Vento Homeless Assistance Act of 1987 is a United States federal law that provides federal funding for homeless shelter programs and ensures important educational rights and services for PreK-12 homeless children and youth. It was the first significant federal legislative response to homelessness in the US, and was passed by the 100th United States Congress and signed into law by President Ronald Reagan on July 22, 1987. The act has been reauthorized several times over the years, including in 2002 and 2015. The act originally consisted of 15 different programs to offer services to homeless people, including emergency shelter, transitional housing, job training, primary health care, and education.

The Reagan administration's reluctance to address homelessness

The McKinney-Vento Homeless Assistance Act of 1987 was the first significant federal legislative response to homelessness in the United States. It was signed into law by President Ronald Reagan on July 22, 1987.

Reagan's indifference to urban problems and the concerns of the major advocates for metropolitan issues, such as big-city mayors, labor unions, and black and Hispanic leaders, was well-known. During his presidency, federal assistance to local governments was cut by 60%, and funding for public services, job training, legal services for the poor, and public transit was reduced. These cutbacks had a devastating impact on cities with high poverty levels and limited property tax bases, leading to the closure of urban schools, libraries, hospitals, clinics, and sanitation, police, and fire departments.

Reagan also oversaw the deregulation of the savings and loan industry, which resulted in widespread corruption, mismanagement, and the collapse of hundreds of thrift institutions. The subsequent taxpayer bailout cost hundreds of billions of dollars. Additionally, the Reagan administration failed to address pervasive racial discrimination in lending and housing, with his HUD and justice departments failing to prosecute or sanction banks that violated the Community Reinvestment Act.

The consequences of these policies contributed to a dramatic increase in homelessness across the nation. By the late 1980s, there were an estimated 600,000 people experiencing homelessness on any given night, and 1.2 million over the course of a year. Reagan defended himself against charges of callousness towards the poor, infamously stating that "people who are sleeping on the grates...the homeless...are homeless, you might say, by choice."

The Homeless Persons' Survival Act

However, after the death of the Act's chief Republican sponsor, Stewart B. McKinney, Congress decided to pass the Act, renaming it the Stewart B. McKinney Homeless Assistance Act. President Ronald Reagan reluctantly signed the Act into law on July 22, 1987.

The Act initially consisted of 15 programs offering various services to homeless people, including emergency shelter, transitional housing, job training, primary health care, education, and some permanent housing.

The Act was later renamed the McKinney-Vento Homeless Assistance Act after the death of Bruce Vento, a key supporter of the legislation. This renaming was signed off by President Bill Clinton on October 30, 2000.

The McKinney-Vento Act has been reauthorized several times and continues to provide important educational rights and services to homeless children and youth. It ensures that homeless students are identified and enrolled in school, have equal opportunities to succeed, and receive necessary support and referrals to additional services. The Act also requires schools to register homeless students even if they lack the required documents, such as immunization records or proof of residence.

The role of advocates and campaigners

The Act was originally passed in 1987 and was named after its chief sponsor, Stewart B. McKinney, and a leading supporter, Bruce Vento. The legislative process began with the introduction of the Homeless Persons' Survival Act in 1986, which included emergency relief measures, preventive measures, and long-term solutions to homelessness. While only parts of this proposal were enacted, it laid the groundwork for future legislation. The Homeless Eligibility Clarification Act of 1986 removed barriers for homeless individuals to access existing programs, and the Homeless Housing Act created the Emergency Shelter Grant program and transitional housing demonstration programs.

Advocates and campaigners continued to push for more comprehensive legislation, and in 1987, the Urgent Relief for the Homeless Act was introduced, containing emergency relief provisions for shelter, food, mobile health care, and transitional housing. An intensive advocacy campaign led to the passage of this legislation, which was then renamed the Stewart B. McKinney Homeless Assistance Act after the death of its chief Republican sponsor, Representative Stewart B. McKinney.

As the demographics of the homeless population changed, with an increasing number of women and children, advocates recognized the need for specific provisions to ensure the educational rights of homeless children. The Stewart B. McKinney Homeless Assistance Act included requirements for states to ensure equal access to free and appropriate public education for homeless children and to review and revise residency requirements for school enrollment. Congress also appropriated funds for states to establish or designate an office of coordinator for the education of homeless children and youth, gathering data and developing state plans for their education.

In 1990, with new information and data revealing significant obstacles faced by homeless children in obtaining educational services, Congress amended the McKinney Act to strengthen mandates and promote the academic success of homeless students. States were required to review and revise any policies, practices, laws, and regulations that might act as barriers to the enrollment, attendance, or academic success of homeless children and youth.

The definition of homelessness

The McKinney-Vento Homeless Assistance Act of 1987 is a United States federal law that provides federal funding for homeless shelter programs and educational rights and services to Pre-K-12 homeless children and youth.

The Act defines "homeless children and youth" as individuals who lack a "fixed, regular, and adequate nighttime residence". This includes children who:

• Are sharing housing due to economic hardship or loss of housing
• Are living in motels, hotels, trailer parks, or campgrounds due to a lack of alternative accommodations
• Are living in emergency or transitional shelters
• Have a primary nighttime residence that is not ordinarily used as a regular sleeping accommodation (e.g. park benches)
• Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
• Are migratory children who qualify as homeless because they are living in circumstances described in the above clauses

The Act ensures that homeless children have access to education and transportation to and from school free of charge. It also requires schools to register homeless children even if they lack the normally required documents, such as immunization records or proof of residence.

The reauthorisation of the Act

The McKinney-Vento Homeless Assistance Act was first passed into law in 1987 and has been reauthorized several times since. The Act was reauthorized in 1990, 1994, 2001, 2002, and 2015.

The 1990 reauthorization saw the McKinney Act amended to require state homeless education coordinators to identify and address issues beyond residency that were preventing homeless children and youth from attending school. This included reviewing and revising any policies, practices, laws, and regulations that might act as a barrier to the enrollment, attendance, or academic success of homeless children and youth.

In 1994, the McKinney Act was amended again as part of the reauthorization of the Improving America's Schools Act. This legislation demonstrated continued support for previous policies and worked to increase legal protections for homeless children and youth, ensuring they had greater access to appropriate educational services.

In 2001, the McKinney Education of Homeless Children and Youth Program was reauthorized as the McKinney-Vento Homeless Education Assistance Improvements Act in the No Child Left Behind Act. This reauthorization aimed to address the educational challenges faced by the growing number of children and youth experiencing homelessness each year. It also clarified the definition of homelessness by describing specific situations that qualify students as homeless.

The Act was reauthorized again in 2002 as Title X, Part C of the No Child Left Behind Act, with the purpose of closing the achievement gap with accountability, flexibility, and choice so that no child is left behind.

The most recent reauthorization of the Act occurred in 2015 with the Every Student Succeeds Act, which replaced the No Child Left Behind Act. This reauthorization focused on the needs of children and youth experiencing homelessness from birth through the transition to higher education. It emphasized services for preschool-aged children experiencing homelessness and the need for secondary school youth to be college and career-ready. It also strengthened the emphasis on the unique needs of, and supports for, unaccompanied homeless youth.

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