McKinney-Vento Act in New Hampshire: How It Helps Grandparents Enroll a Child in School

When Federal Law Overrides the Custody Question

A grandchild moved in with you because their parent lost housing, entered rehab, or left under circumstances that made the child's living situation unstable. Now the school wants proof of custody before they'll enroll the child. The McKinney-Vento Homeless Assistance Act may be your strongest tool — and many kinship caregivers in New Hampshire never learn about it.

Under the federal McKinney-Vento Act, a child who lacks a fixed, regular, and adequate nighttime residence has the right to immediate school enrollment; RSA 193:12, IV uses the same definition of homelessness. The district cannot delay enrollment for lack of birth certificates, immunization records, academic transcripts, or proof of legal guardianship.

Does Kinship Care Count as Homelessness

Not automatically. Living with a grandparent in a stable, planned arrangement where housing is adequate falls under normal residency rules. But the law applies when a child is sharing housing with relatives due to:

• Loss of housing or eviction
• Economic hardship
• Parental addiction, hospitalization, or incarceration
• Domestic violence in the family home
• Any circumstance that left the child without a fixed, regular nighttime residence

The key question is whether the arrangement is a temporary, crisis-driven situation or a stable long-term plan. A child placed with you overnight because their parent was arrested and the alternative was a car or a shelter clearly qualifies. A child who moved in three years ago as part of a planned family arrangement likely doesn't.

What the School Must Do

When a child qualifies under McKinney-Vento, the district's obligations are immediate and non-negotiable:

• Enroll the child right away — no waiting for paperwork, records transfers, or custody documentation
• Maintain enrollment at the school of origin if that's in the child's best interest, even if the child now lives in a different district
• Provide transportation, when requested, to the school of origin if the child continues attending there
• Connect the family with the district's Homeless Liaison for ongoing support

Federal law requires each local educational agency to designate a Homeless Liaison. This person's job is to help caregivers navigate enrollment, resolve disputes, and ensure the child's educational continuity. If you don't know who serves your school district or SAU, call the school's main office and ask directly.

School Meals and Additional Support

Children identified as homeless by the local educational agency liaison are categorically eligible for free school meals through the National School Lunch Program, regardless of household income. Children formally placed as foster children by DCYF or a court are also categorically eligible.

Once the school has documentation of that status, the child qualifies for free meals without a separate application.

What If the District Pushes Back

Some administrators aren't familiar with McKinney-Vento protections or apply them inconsistently. If a district refuses enrollment:

1. Ask to speak directly with the district's Homeless Liaison — they have specific training on these requirements
2. Request a written denial stating the legal basis for refusal
3. File an appeal with the New Hampshire Department of Education
4. While the appeal is pending, the child must be enrolled immediately at the requested school

The 14-day and 30-day deadlines in RSA 193:12, VI(a) apply to residency disputes involving non-homeless pupils. McKinney-Vento disputes use a separate liaison-led process, and federal law requires the child to remain enrolled in the school sought while the dispute and available appeals are pending.

McKinney-Vento Plus a Guardianship Petition

McKinney-Vento and a pending guardianship petition are independent enrollment paths. You don't need both, but having both available strengthens your position. RSA 193:12, II(a)(3) requires enrollment when a relative has filed a guardianship petition, and McKinney-Vento requires enrollment when housing instability is involved.

For the full enrollment process — including the documents to prepare, residency proof requirements, and step-by-step escalation scripts for when administrators refuse — the School and Medical Consent Guide for New Hampshire covers both pathways in one printable workflow.

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