Hey @jhood – thanks for reaching out. It certainly can be difficult to make the determination in situations like this. That is great the family can stay there year-round and that they have been there for almost a year. However, the fact that they cannot provide a standard lease or proof of residency is a major indicator. If they can be asked to leave at any time without the legal protection of a formal eviction process (typical of motels/cabins), the housing is not “fixed.” I would then yes, qualify the student(s) as McKinney-Vento eligible.

@RachelMV, I’d love to hear your thought on this since you support MV in rural areas.

Hello Janaya @jhood! Great question. Let’s walk through this scenario using the three McKinney-Vento criteria.

Is the living situation fixed? It appears to be temporary and subject to change at any time, as the family does not have a lease. In addition, under the McKinney-Vento Act, qualifying living situations include residing in motels, hotels, trailer parks, or camping grounds due to a lack of alternative adequate accommodations. Based on the information shared, the family is staying in this location not by choice but because they are unable to secure other housing due to barriers such as criminal background and family size.
Is it regular? Yes, the family is staying there every night.
Is it adequate? We must consider whether the setting meets the student’s physical and psychological needs.