By Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education, Foundation for Educational Administration
The McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 U.S.C. § 11431-11435) is Federal legislation that ensures the educational rights and protections of children and youth experiencing homelessness. A student is considered homeless when they lack a fixed, regular and adequate nighttime residence. Unfortunately, there are many students that find themselves in such a difficult situation. It is also not uncommon for a homeless student and/or their families to have to move to different locations and towns/cities to have a place to sleep at night. Such movement leads to the questions such as which School District will this student attend, and which District is legally responsible for the tuition and transportation expenses?
Under 6A:17-2.8(a), “when the homeless child is enrolled in a School District other than the School District of residence, the School District of residence shall pay to the School District of enrollment the tuition costs pursuant to N.J.S.A. 18A:38-19 until the parent establishes a permanent resident or is deemed domiciled in another jurisdiction pursuant to N.J.S.A. 18A:38-1.d. At that time, the School District of residence shall no longer pay tuition to the School District of enrollment.” In New Jersey, under the McKinney-Vento guidelines, the original School District of residence remains financially responsible for a homeless student’s tuition and transportation for one year (365 days) from the time they become homeless. After this one-year period, if the family remains in a new district, that new district typically assumes fiscal responsibility. In many situations, determining when a family has established a new permanent residence and/or is considered domiciled in a different jurisdiction can be an arduous task, which often leads to disputes among School Districts as to which District is actually financially responsible for the student under McKinney-Vento.
N.J.S.A. 18A:38-1 (d) states that any person who has had or shall have his all-year-round dwelling place within the District for one year or longer shall be deemed to be domiciled within the district for the purposes of this section. The “residency clock” starts from the date of homelessness – even if the child is not attending public schools – as long as someone can isolate the start of the homeless period. As an example, if the family moved into the new District on July 15th, the “one year” anniversary regarding financial responsibility would occur on July 15th of the following year. If a student moves to several addresses yet remains in the SAME district within the 365-day range, the clock does not start over. However, if a student moves to several addresses in DIFFERENT districts within the 365-day range, the clock DOES start over with every move to a new location and becomes day one of homelessness.
When a student obtains permanent housing, transportation back to the school of origin or last attended must be provided until the end of the academic year, if it is in the student’s best interest to remain in that school. Fiscal responsibility and arranging transportation immediately shifts to the District where the student has found permanent housing. (See Education for Homless Youth Non-Regulatory Guidance). Under 6A:27-6.2 Homeless Students and Transportation the transportation requirements are:
a) When a homeless child attends a school in a school district other than his or her district of residence, the school district in which the child is enrolled shall provide transportation services and the district of residence shall pay for any transportation costs incurred by the transporting school district.
b) When a homeless child attends school in his or her district of residence, the district of residence shall provide transportation services.
c) When a homeless child attends school in his or her district of residence while temporarily residing in another school district, the district of residence shall provide for transportation to and from school.
d) When a district of residence cannot be determined and the State has assumed fiscal responsibility for the payment of tuition, the school district where the homeless child is enrolled shall pay for and provide transportation.
e) In implementing the transportation services required for a homeless child, district boards of education, shall explore alternatives and provide the most economical and safest mode of transportation.
All students follow the attending District’s transportation policy – such as a Walking SD vs. a Bussing SD. If a student has an Individualized Education Plan, then it would depend on the relevance of the IEP to transportation needs, with consideration being given to the attending District. If the student has a medical needs related to transporation, then the process would be to follow the procedure for a medical transportation request with consideration being given to the attending district.
There have been some Districts that erroneously believed that there can be a “cut-off” mileage-wise, for being responsible for transporting a MKV student. As an example, a District cannot flatly state that it will not cover transportation costs that exceed “x number” of miles from the school. Rather, providing long distance transportation is determined by evaluating what is in the best interest of the child – cost is not a determinative factor. If, after conducting the best interest determination and considering student-centered factors, the District determines that it is not in the child’s or youth’s best interest to attend the school of origin or school requested by the parent or guardian, or (in the case of an unaccompanied youth) the youth, the District must provide the child’s or youth’s parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth. (§ 722(g)(3)(B)(iii)). This written explanation must also include information regarding the right to appeal (Section 722(g)(3)(B)(iii); see also 722(g)(3)(E)(ii)) and should be provided in a timely manner.
If a family/student arrives from out of state or out of country, the NJDOE will cover tuition for up to 180 school calendar days. After that time the District of temporary domicile becomes fiscally responsible unless they move into a shelter or another School District within the 180 day time frame. Districts can submit for reimbursement after receiving notice from the NJDOE that the SRHT (state responsible homeless tuition) link is accessible. See https://tinyurl.com/NJDOE-May2025-Broadcast-Link for the notification provided for the 2024-25 school year as an example. Award notifications will be sent after the application closes, and the payment will be made during Fiscal Year. Reimbursements will be calculated following the close of the school year. The amount of the award is a weighted base per-pupil amount calculated pursuant to N.J.S.A. 18A:7F-49 and the appropriate special education and security categorical aids per pupil are pursuant to N.J.S.A. 18A:7F-55 and 56.
Conclusion:
It is a sad situation for any student that is homeless. While the McKinney-Vento Act is a mechanism to establish requirements to provide assistance in these unfortunate situations, it is important that Districts work in a cooperative manner when providing services. Understanding which District is initially financially responsible, and when that responsibility is to be conveyed to a different District is of the utmost importance.