Tale From the Field: Determining Eligibility of a Family when there may be Domestic Violence

Disclaimer: With October being Domestic Violence Awareness Month, please be aware that this month’s tale from the field discusses domestic violence. 

A district liaison called the NYS TEACHS helpline. They inquired on eligibility under McKinney Vento for a family in their district. The liaison shared that the parent reached out to the district to ask to change the bus pick-up location for her child. In conversation with the parent, she shared that she and her child left home and went to her mother’s house due to a dispute in the home. After further discussion, the parent shared with the liaison that there is a history of domestic violence. Mom and child are now staying at grandma's house in the spare room for a couple days or weeks. When the district liaison shared information regarding McKinney Vento benefits, the parent stated that she is not homeless, that they have fixed, regular and adequate housing. When the district liaison called the helpline she also shared that there is a history of CPS involvement and the student is often late or missing days of school. The liaison is concerned that the housing situation is not stable and that the family may need additional support. The district liaison is wondering if the student is eligible for McKinney Vento benefits  and how the district can support mom and the student.

Resources

• NCHE: McKinney-Vento Law Into Practice Brief Series Domestic Violence, Homelessness, and Education Services

• SCHOOL HOUSE CONNECTION: The Youth Risk Behavior Survey (YRBS) 

• MCKINNEY-VENTO 2001 –  Domestic Violence, Homelessness, and Children’s Education

• Warning Signs of Teen Dating Violence

• Start the Conversation 

• NYSTEACHS: Domestic Violence

Questions to considers:

1. The parent and child have now moved into grandma’s spare room due to domestic violence in the home. Would this be McKinney Vento eligible?

2. Is a McKinney Vento designation appropriate? Can district liaison designate if the family is refusing benefits?

3. If the parent continues to reside with grandma, how long can the district keep the McKinney Vento designation open?

4. What is the connection between domestic violence and homelessness?

5. How can the school support families that are victims of domestic violence?

Questions and Answers:

1.    The parent and child have now moved into grandma’s spare room due to domestic violence in the home. Would this be McKinney Vento eligible?

A student should be designated as homeless if he/she lacks a fixed, regular, and adequate nighttime residence. 42 U.S.C. § 11434a(2)(A). If any one of the three criteria are missing, the student is protected under the McKinney-Vento Act. This family in the scenario above has now moved into grandma’s house due to domestic violence in the home. This raises concern regarding the regularity and adequacy of the living situation. Based on the information shared by mom, there may be more details that were not shared regarding the living situation, relationship between the parents and parent and child. The family has a history of CPS involvement and the child is often absent from school. With the current facts presented, the family is eligible for McKinney Vento benefits due to lack of regularity and stability in the home.

2.   Is a McKinney Vento designation appropriate? Can district liaison designate if the family is refusing benefits?

3.    If the parent continues to reside with grandma, how long can the district keep the McKinney Vento designation open?

4. What is the connection between domestic violence and homelessness?

5. How can the school support families that are victims of domestic violence?