The Volunteer Lawyers Project

Best Practices Manual
for
Guardians Ad Litem

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Developed with a grant from the ABA Child Custody Pro Bono Project




Special Protections for Homeless Children
(including children doubled up with relatives or friends!)

In your work as GAL, you may represent a student who is homeless. Under the McKinney-Vento act, a homeless student is one who is lacking a fixed, regular and adequate residence. Although one often thinks of homeless shelters, cars, or motels when determining if a student is homeless, it need not be that obvious. Students who are doubled up with family or friends are homeless too. So if one parent and the child(ren) temporarily move in with relatives or a parent's friend, the child(ren) is protected by the federal McKinney-Vento Act. In cases involving domestic violence, if the student is living with his/her parent in the domestic violence shelter or transitional housing, the student is also considered homeless for educational purposes. Under state and federal law, homeless students have the choice of attending the school of origin (where they were before becoming homeless) or school of placement (where they are now). Again, the best interest of the child is the factor in determining which school, and the parent's preference is a key factor in the best interest of the child determination for this purpose. Transportation should be provided, and homeless students must be immediately enrolled even if they do not have proof of residency or proof of immunization records. If there are problems enrolling a homeless student, you can contact the homeless student coordinator at the local school district or the State Homeless Student Coordinator, Shelley Reed. Shelley.reed@state.me.us

For additional information:

Homeless Student's Right to Attend School
McKinney-Vento Act 42 USC 11431 et. seq;
20-A MRSA 5205(7) ;
Maine Department of Education Regulations 05-071 Chapter 14 (a Word document).

Additional resources can be found at the following websites:


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