Law Lets Schools Help Fight Homelessness

Last Updated: July 28, 2025

Each year, many children experience homelessness or near-homelessness. These children are more likely to experience hunger and more likely to experience emotional and behavioral problems. They have a lower high school graduation rate than other children. The McKinney-Vento Homeless Assistance Act (“the McKinney-Vento Act”) was enacted to combat these issues. The Act also addressed other problems homeless and near-homeless students face to enroll, attend and succeed in school. 

Consider Johnny…

Johnny is a high school student facing some of these problems. His parents recently lost their jobs. The family had to move in with Johnny’s aunt until they get back on their feet. The problem is, the school year already started and Johnny’s aunt lives in another town just over the Iowa border. Johnny does not want to transfer schools. He really likes his teachers and does not want to leave his friends. Still, his old school is almost an hour away and his parents don’t own a car.

Does a student like Johnny have to transfer schools?

 No. Johnny qualifies for services under the McKinney-Vento Act. This means he does not have to transfer schools unless he wants to. Although Johnny is not actually living on the streets, he still falls within the McKinney-Vento Act’s broad definition of “homeless.” The definition includes children who: 

  • Share a friend or family member’s house due to losing their own housing or experiencing some other form of economic hardship;
  • Live in shelters, such as emergency or transitional shelters;
  • Live in unfit or inadequate housing;
  • Live in places not ordinarily used for sleeping, such as parks or abandoned buildings; and
  • Await foster care placement.

In Johnny’s situation, his parents may contact the school district they moved from and speak with a school official or the homeless “liaison.” The McKinney-Vento Act says all school districts must have a homeless “liaison.” Duties of the liaison include:

  • Serving as one of the primary contacts for families like Johnny’s who need assistance, and
  • Coordinating services offered to qualified students under the McKinney-Vento Act.

Changing Schools Can Cause Serious Harm to a Student 

The McKinney-Vento Act also recognizes that a student’s academic and social development can be harmed by changing schools. On average, a child can lose 4-6 months of academic progress with each move to a new school. The McKinney-Vento Act aims to avoid this result by giving homeless students the right to continue to go to their old school whenever possible. 

As long as the distance is reasonable, school districts must arrange free transportation to and from school for students who want to continue attending their old schools, even though their housing situation forced them to move out of the school district. For Johnny, this means officials at his old school district should contact officials in his new school district to coordinate transporting him to his old school. If Johnny had moved farther away from his old school district, like from Iowa to Oklahoma, the distance would no longer be reasonable and the school would probably not be required to provide transportation. Even if he finds permanent housing during the year, Johnny can still go to his old school for the rest of the academic year. 

The McKinney-Vento Act does more than just provide transportation for displaced students. Here is an example of other services it may provide.

Consider Jane…

Jane is a middle school student who moved to Iowa to live with her grandma. Jane’s mom is a single parent living in a homeless shelter a few states away. She can no longer care for Jane. Jane does not have a legal guardian, and the school year is about to begin. 

Can a student like Jane still enroll?

Yes. When someone who is not a parent or legal guardian tries to enroll a child, schools sometimes do ask that a guardian be appointed. However, that should not be necessary. A formal guardianship is not required to enroll at a public school in Iowa. Also, the McKinney-Vento Act requires schools to enroll students like Jane immediately, without paying the usual enrollment fees or showing documents schools normally require, like health records or proof of residency. If Jane does not have these records, her new school must contact her old school right away to get them. 

The homeless liaison is also available to help the school acquire the records or to help Jane obtain any necessary immunizations. Furthermore, when Jane is enrolled at her new school, her attendance there is not limited to only going to classes. The McKinney-Vento Act’s definition of enrollment extends to all aspects of being a student at that school, such as participation in sports or extracurricular activities. 

What other services and benefits are available?

Under the McKinney-Vento Act, eligible students have the right to receive any other specialized services the school provides. Such services may include tutoring, enrollment in public preschool, special education, and school meal programs. A student’s mental health is also provided for. Liaisons can refer students to school counselors, mental health services, or other care providers to receive counseling or medical attention. Another law says all the services the McKinney-Vento Act offers need to be provided in complete confidentiality. Under the Family Educational Rights and Privacy Act, schools are required to protect the privacy of students. So, children eligible for services under the McKinney-Vento Act should not be segregated from other students in any way. Schools are required to take great care to support students discreetly.

A student’s family may also benefit from the services provided under the McKinney-Vento Act. Every school liaison is responsible for coordinating with local human resources to ensure that eligible students have access to support services outside of the school. A liaison can direct a family experiencing economic difficulty to food banks, housing departments, shelters, and other community outreach agencies. If the family is new to the community, a liaison can help them adjust to their new community by providing information on public transportation, grocery stores, or maps of the area.

If you have questions about whether you or someone you know may be eligible for assistance under the McKinney-Vento Act, contact your local school district’s central office. 

Related Resources

Legal Separation – Separating Before Divorce

Why should I consider a separation from my spouse before I file for a divorce? A separation could provide insight into how...

Can the School Make Me Get a Guardianship in Order to Enroll Children I Am Taking Care Of?

Sometimes, parents are unable to take care of their kids. The parents may have died, or be ill or absent. When parents...

Child Support Recipients May Have Funds Available for Withdrawal

Recipients of child support may be unaware that there are funds available for withdrawal through a process called...

The Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an Iowa law. It says which state's courts can make...

Attorney, Court, and Guardianship or Conservatorship Fees

There are costs associated with bringing a guardianship or conservatorship case. There are filing fees and other court...

A Spouse’s Right to Retirement Assets (including Pensions) in a Divorce

Question: My husband recently filed for divorce. He works for a company that has an excellent pension plan. Although I am...

Caring for Our Minor Children After We’re Gone

Background Iowa Legal Aid staff answer a lot of questions from clients about what will happen to their minor child after...

Common Myths About Family Law

At Iowa Legal Aid, we talk to new clients daily. While each person’s situation is unique, we hear many of the same concerns...

How to Make Changes to Your Child’s Iowa Birth Certificate

This information is for someone who was born in Iowa. My name or my baby's name is spelled wrong on the Iowa birth...

Iowa Domestic Violence Hotline 1-800-770-1650

The Iowa Domestic Violence Hotline originates from the Iowa Victim Services Call Center. Their website...

Having a Voice and Making a Choice in Where Your Child Goes to School

Children are entitled to a free public education in the school district where they live.  In Iowa, a parent can...

Custody Order for Parents with Open CINA Cases

Parents involved in open Child in Need of Assistance (CINA) cases have a way to get a court to order permanent custody,...

Consumer Issues When You Aren’t Married

A variety of issues can come up when a couple lives together but is not married. This article takes a look at consumer...

Divorce Questions and Answers

What should I know about divorce in Iowa? How long must I live in Iowa before I can file for a divorce? Should I separate...

Divorce in Iowa Without an Attorney

Many people worry about the cost of hiring a lawyer when deciding whether to get divorced in Iowa. The Iowa Supreme Court...

Determining if Guardianship or Conservatorship is Necessary

Is a guardianship or conservatorship needed?   Family members often take on informal decision-making roles for a...

What Happens with Child Custody when a Parent is Deployed

When parents are deployed, custody and visitation arrangements may have to change. The law sets out some things to do when...

Fathers’ Rights in Unmarried Situations

Becoming a father is a great experience. With the joy of a new child, come many new duties.Parents make many decisions...

My Spouse Lied to the IRS and I Got the Bill!

What might happen? You got your mail today. There is a letter from the IRS. It isn't tax refund time so it can't be...

Annulment

What is it? An annulment is a court order to undo a marriage that was not valid, not allowed, illegal or voidable for other...

Criminal No Contact Orders and Civil Protection Orders

A lot of what we know about the law we learn from television.  We know that the police arrest people and charge them...

Termination of Parental Rights

What Are "Parental Rights"? When you have "parental rights" to a child, you are that child's parent in the eyes of the law....

Custody Questions and Answers

Who has custody when a child is born to an unmarried mother? How is paternity of a child established? What does it mean to...

Standards and Principles of Supported and Substitute Decision-Making

Supported Decision-Making Supported decision-making uses tools and supports to help persons understand, make, and...

How to Modify a Custody Order

Bob and Betty have two children: Charlie and Claire. Betty has custody of the children and Bob gets visits with them every...

Paternity Fraud

Before You Tell Him He’s The Father…. An Iowa Supreme Court case says a man could bring a law suit in the following...

Passports and Child Custody

Do I need custody to get my child a passport? There are special rules to get a passport for a child who is younger than 16....

Public and Client Complaint Procedures

Complaint Procedures 2025Download New Address Iowa Legal Aid's central office has moved!  Please mail the Complaint...

Iowa’s Minor Guardianship Law

Sometimes neither parent can take care of a child. This could be due to death, disability, or some other reason. When this...

Grandparent Visitation in Iowa

In Iowa, a grandparent or great-grandparent can ask a court to grant visitation with their grandchildren or...

Changing Your Name in Iowa

If you would like to legally change your or your child’s name, there are certain steps you must take.  These steps...

Guardianship and Conservatorship: Your Rights as a Protected Person

Guardianship If you have a guardianship, you still have rights. You and your guardian may not always agree.  A...

Questions and Answers About Adoption

What do I need to do to put my baby up for adoption? The mother will need to use an adoption agency or attorney in order to...

Which State Can Make Decisions about Guardianships and Conservatorships?

Iowa has the power to appoint a guardian or conservator if Iowa is the "home state" of the respondent to a guardianship or...

Divorced, Never Married and Non-traditional Families and Tax Credits

An important part of figuring income taxes is determining who you can claim as a dependent and what credits are available....

Resolving Family Law Problems Through Mediation

Many Iowans' only contact with the court system is when a family law problem arises. There may be a divorce or custody...

Misconceptions About Common Law Marriage

Being married gives people certain legal rights. Many of these legal rights don't become important until the couple splits...

Child Abuse Reports and Registries

What is considered child abuse in Iowa? The following actions are child abuse in Iowa: physical abuse, mental injury,...

Adult Guardianship and the Right to Communicate

Adults Under Guardianships Have Rights Too A person under a guardianship is called the protected person. The person who...

How Social Media Can Be Used Against People in Family Law Cases

Some of the most popular places on the Internet are social media sites. It is easy for people to create their own pages and...

Juvenile Court Questions and Answers

Juvenile Courts generally handle cases dealing with children under the age of eighteen. What Kinds of Cases Does the...

Did You Pay For Divorce Forms?

Iowa has free self help forms for a divorce with or without minor children and for custody cases. You can find the forms on...

Emancipation and Minor Guardianships

Children are not allowed to make their own decisions. Instead, they rely on parents to help them make good decisions....

Domestic Abuse Questions and Answers

What is Domestic Abuse? Domestic abuse is an assault between people in certain types of relationships. What is considered...

Guardianship and Conservatorship: Words to Know

Agent –in a power of attorney, it means the person who gets the power to act on behalf of the principal. Authority – the...

Alternatives to Guardianship and Conservatorship

Many people have situations where a family member may need help with decisions or daily activities, such as paying bills or...

Paternity Questions and Answers

How do I become the legal father or establish my "paternity" of a child? The term for becoming the legal father of a child...

Taxes and Marriage

When discussing taxes and marriage, there are a few myths to be examined and pitfalls to avoid. Myths Myth 1: I have to...

Frequently Asked Questions about Guardianships and Conservatorships

Why would I need a guardianship or conservatorship? People in different situations may need a guardian or conservator: Some...

Apply for free legal help.

To apply for free legal help from Iowa Legal Aid: call 800-532-1275 or apply online. Iowans age 60 and over, call 800-992-8161.

If Iowa Legal Aid cannot help, look for an attorney on “Find A Lawyer” on the Iowa State Bar Association website. A private attorney there can talk with you for a fee of $25 for 30 minutes of legal advice.