Law & Guidance


The McKinney-Vento Education of Homeless Children and Youth Assistance Act is the primary piece of legislation dealing with the education of children and youth experiencing homelessness. The Act is also known as Title IX, Part A of the Every Students Succeeds Act.

The Law

42 USC CHAPTER 119, SUBCHAPTER VI, Part B: Education for Homeless Children and Youths

The Every Student Succeeds Act

On December 10, 2015 the President signed into law the Every Student Succeeds Act of 2015 (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). Under the previous version of ESEA (the No Child Left Behind Act), the education of homeless children and youth was included in Title X, Part C. Under ESSA homeless education is included in Title IX, Part A.
Text of the Every Student Succeeds Act (ESSA) of 2015

Policy Guidance

The Education for Homeless Children and Youths Program Non-Regulatory Guidance was updated in August 2018.  Review updates to the Non-Regulatory Guidance to help your school district implement amendments to the McKinney-Vento Act.

NC Dispute Resolution Process for Homeless Students

View the updated (June 2018) Dispute Resolution Process for Homeless Students in the online NC SBE Policy Manual.

McKinney-Vento Data Collection

Data Collection regarding McKinney-Vento is required by the U.S Department of Education.
Click here for information and tips on data collection protocol 

More Information

For a fact sheet that you can provide to your school staff, teachers, and principles on the impact of homelessness, key rights of homeless students, and tips for how school staff can support the homeless students and families visit:

To review the press release on the importance of identifying and serving homeless children and youth visit:

The U.S. Department of Education has a web page that highlights the Deparment initiatives related to identifying and supporting students experiencing homelessness from pre-school to post-secondary ages. Web page topics include:

  • The state of homelessness in the United States
  • Pre-K-12 education programs and initiatives that specify homeless students for eligibility or priority for services
  • Additional federal programs and resources that may support homeless students
  • Other federal agencies serving homeless children and youth

 To learn more, please visit: