McKinney-Vento and Special Education Rights for Delaware Kinship Caregivers

Two Federal Laws That Matter in Kinship Care

When a child moves in with a relative in Delaware, two federal laws can apply to their education — and they serve very different purposes. The McKinney-Vento Homeless Assistance Act provides immediate enrollment protections for children experiencing housing instability. The Individuals with Disabilities Education Act (IDEA) defines who can make special education decisions. Understanding which applies to your situation prevents delays and protects the child's rights.

McKinney-Vento: When Kinship Care Overlaps with Homelessness

The federal McKinney-Vento Act protects children who lack a fixed, regular, and adequate nighttime residence. A child who moves in with a relative because their family lost housing, was evicted, fled domestic violence, or can't afford rent may qualify as "doubled-up" under the statute — meaning they're sharing housing due to economic hardship.

Delaware's DSAAPD school affidavit explicitly states that it is not intended for children enrolling under McKinney-Vento status. The two tracks are legally distinct:

Kinship enrollment (stable arrangement): A child living with a relative in a stable, fixed residence enrolls under 14 Del. C. § 202(f) using the caregiver's school authorization affidavit. Standard documentation requirements apply.

McKinney-Vento enrollment (housing instability): A child who moved in with a relative due to a housing crisis enrolls immediately — even without immunization records, proof of residency, birth certificates, or a caregiving affidavit. The child has the right to remain in their school of origin, with transportation provided by the district.

How to Tell Which Track Applies

The distinction comes down to why the child is living with you:

If the child moved in because of the parent's personal crisis (addiction, incarceration, illness) and your home is stable and adequate, the standard affidavit track applies.

If the child moved in because the family lost housing and staying with you is the only option to avoid the street, a shelter, or a motel, the McKinney-Vento protections likely apply. The child may also qualify as an "unaccompanied youth" if they're not in a parent's or guardian's physical custody.

Some situations overlap — a parent's addiction may have caused both the personal crisis and the housing loss. When in doubt, ask the school district's Homeless Liaison. Every Delaware school district and charter school must designate a staff person as a local homeless education liaison.

Special Education and IEP Rights

Under IDEA (34 C.F.R. § 300.30), the definition of "parent" includes a person acting in the place of a biological or adoptive parent with whom the child lives. A relative caregiver with an executed school authorization affidavit has explicit authority to make special education decisions under Delaware law.

This means you can:

• Request an initial evaluation or re-evaluation for special education services
• Attend and participate in IEP meetings as a full decision-making member
• Sign and approve IEP accommodations and placement decisions
• Consent to 504 Plan accommodations

When a Parent Conflicts with Your IEP Decisions

While the school authorization is valid, Delaware law authorizes the relative caregiver to act in place of the parent for education decisions, including special education decisions. A caregiver, parent, legal custodian, or guardian can cancel the authorization by written revocation.

If no parent can be identified or located, the child is a ward of the State, or the child is an unaccompanied homeless youth, Delaware provides for an Educational Surrogate Parent appointed through the Department of Education. The surrogate cannot be an employee of a public agency involved in the child's education or care.

Free School Meals

Children in kinship care arrangements often qualify for free school meals. If the child receives Child-Only TANF or SNAP benefits, they're automatically eligible through Direct Certification — no separate application needed. Children identified under McKinney-Vento also receive automatic free meals. Otherwise, you can file a standard household meal application based on your household size and income.

Getting Started

McKinney-Vento provides a separate enrollment route and does not depend on the caregiver affidavit. For a stable kinship arrangement that does not qualify as homeless, the school affidavit may provide school decision-making authority, including special education decisions. Our School and Medical Consent Guide for Delaware Relatives explains how to determine which enrollment track fits your situation.

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