We have had many questions this fall regarding families that are temporarily staying in certain school districts for the purpose of construction work on the Bakken Pipeline. Many of the families with school aged children/youth are living temporarily in campers, trailers, and area hotels during the construction. Some families might even be staying with friends in the area.
The question has been about whether or not these children qualify as homeless under the McKinney-Vento definition and are they eligible for homeless education services (free school meals, tutoring, etc.).
The short answer to this question is that some might be considered homeless and some might not be considered homeless.Students are NOT automatically considered homeless if they are living in a camper or a hotel.
Here is a short list of points for local liaisons to remember when determining whether or not a student fits the homeless definition.
1. Case-by-case:
All determinations of homelessness must be made on a case-by-case basis. Each identification of homelessness must be decided on its own merits. Remember that there needs to be a “loss of housing” due to some kind of crisis.
2. Hotel/Motel:
Is a student considered homeless when he/she is living in a hotel? Maybe yes. Maybe no.
Is the family living in the motel due to lack of adequate alternative accommodations? Do they have another permanent home somewhere else? Is this simply a choice or was it prompted by a crisis?
3. Campers/Trailers/RVs: Is a student considered homeless if he/she is staying in or living in a camper? Maybe yes. Maybe no. Is the family living in the trailer/camper due to lack of adequate alternative accommodations? Do they have another permanent home somewhere else? Is this simply a choice or was it prompted by a crisis?
4. Doubled-up: Is the student/family sharing the housing of others due to loss of housing, economic hardship, or similar reason? Was living situation prompted by a crisis? Or was this a choice that would be considered homeless.
5. Ask questions: Ask questions that would help determine whether or not this living situation is due to a crisis. Remember that there must be a loss of housing. If the families have another home in a different place and are only here for the temporary work, they would probably not be considered homeless.
6. Fixed, Regular, and Adequate: Remember to ask the “fixed, regular, and adequate” questions. If the living quarters are less than the community standards, it could be determined that this is not adequate and therefore would be considered homeless. Review the Determining Eligibility Issue Brief that lists these questions.
7. Determining Eligibility Issue Brief: Refer to the issue brief to help with a list of questions to determine homeless status. http://center.serve.org/nche/d
Definition of Homeless under the McKinney-Vento Act
The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes -
o Children and youth who are:
o sharing the housing of other persons due to loss of housing, economic hardship, or similar reason (often called doubled-up)
o are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters;
o Children and youth who have a primary nighttime residence that is public or private not designed for or ordinarily used as a regular sleeping accommodation for human beings…
o Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
o Migratory children who qualify as homeless because they are living in circumstances described above.
Ø Includes youth who have runaway or youth being forced to leave home. (Unaccompanied homeless youth)
NOTE: Do not mark the students of the construction workers as Migrant Students in the student reporting system. Migrant Education is actually short for Migratory Farm Workers. The migrant definition is only for workers/families in the agriculture industry.
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