McKinney-Vento Eligibility in Split Custody: Custodial Parent Experiencing Housing Instability
We have a similar situation. The unmarried parents share custody, and one parent is the designated custodial parent with the exclusive right to determine the child’s primary residence and school enrollment. However, this custodial parent has recently lost housing due to financial hardship. The non-custodial parent has no interest in assuming custodial responsibilities, and both parents mutually agree that the child should remain enrolled in his current school. Despite this, the district is contesting the child’s McKinney-Vento eligibility, arguing that the child does not qualify because he has stable housing available with the non-custodial parent.
We believe this interpretation overlooks the fact that eligibility should be based on the child’s lack of a fixed, regular, and adequate nighttime residence with the custodial parent, not the mere existence of another household.
Will this child qualify as McKinney Vento?
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Hello, Mona (@munas),
You are correct. The student’s McKinney-Vento eligibility must be determined based on the student’s current housing circumstances and whether the student lacks a fixed, regular, and adequate nighttime residence. The availability of another residence does not, by itself, determine eligibility. The liaison evaluates the individual facts and circumstances of the student’s living arrangement, including whether the situation is the result of loss of housing, economic hardship, or a similar reason. 42 U.S.C. § 11434a(2).
Under McKinney-Vento, the LEA homeless liaison is responsible for identifying and determining eligibility for students experiencing homelessness. 42 U.S.C. § 11432(g)(6)(A)(i). Eligibility decisions should not be based on assumptions about a family’s circumstances or on factors outside the scope of the McKinney-Vento definition. The focus remains on whether the student has a fixed, regular, and adequate nighttime residence.
I encourage you to consult with your state coordinator as they may be able to provide the support needed to back you up in law. Please let us know if you have further questions.
Warmly,
Kelly
My experience with this issue was that McKinney-Vento cannot override a legal court order for primary custody. The school could not deny eligibility to McKinney-Vento status just because the non-custodial parent still had stable housing. The Best Interest determination criteria with the custodial parent input was that it was in the student’s best interests to remain in the familiar school of origin. I am not an attorney and this should not be considered legal advice. I am just sharing my previous experience.