McKinney-Vento Act in Wisconsin: Grandparent School Enrollment Rights

What McKinney-Vento Covers

The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.) guarantees immediate school enrollment for children who lack a fixed, regular and adequate nighttime residence. In Wisconsin, a child may qualify when "doubled up" — sharing relatives' housing because of loss of housing, economic hardship, parental abandonment or similar circumstances. Relative care by itself does not establish eligibility.

A child who moves in with a grandparent because there is no other safe place to go may qualify. Living with a relative due to a housing crisis is one of the most common McKinney-Vento triggers.

Who Qualifies

McKinney-Vento does not require the child to be literally homeless on the street. The "doubled up" definition covers the situation most kinship caregivers face: a child is sharing a relative's home because the child's own household is no longer viable.

These situations may qualify when they leave the child without a fixed, regular and adequate nighttime residence:

• A parent's eviction forces the child into a grandparent's home
• A parent enters inpatient rehab and the child moves in with an aunt
• A parent is incarcerated and the child goes to live with a family friend
• A parent flees domestic violence and the child stays with an uncle
• A parent abandons the child, who ends up with an older sibling

The key question is whether the child lost their own housing arrangement due to hardship. If yes, the child is likely eligible regardless of how stable the grandparent's own housing situation is.

Immediate Enrollment Rights

When McKinney-Vento applies, the school district must:

• Enroll the child immediately
• Accept enrollment without birth certificates, immunization records, academic transcripts, proof of residency or proof of guardianship
• Not delay enrollment while waiting for records to arrive from the previous school

This is dramatically different from standard enrollment, where a school can ask for immunization records, proof of residency and identity documents. Under McKinney-Vento, none of those requirements may delay a single day of schooling.

School of Origin

The child has the right to continue attending their "school of origin" — the school they attended when permanently housed, or the school they were last enrolled in — if remaining there is in the child's best educational interest. The district must provide transportation to the school of origin, even if it is in a different district.

Alternatively, the child can enroll in the local school serving the grandparent's address. The family and school decide together which option best serves the child's educational interests.

Free School Meals

Children confirmed as homeless under McKinney-Vento are categorically eligible for free school meals through the National School Lunch Program. No household income application is needed. The school's homeless liaison confirms eligibility and the child receives free breakfast and lunch automatically.

The Homeless Liaison

Every Wisconsin public school district must designate a local Homeless Liaison — typically the Director of Pupil Services or a similar administrator. The liaison's job is to:

• Identify eligible children and youth
• Help families navigate the enrollment process
• Resolve disputes between the family and the school
• Ensure the child receives all available support services
• Connect the family with community resources

If a grandparent walks into a school office and mentions that the child is living with them due to a family crisis, the school should connect them with the homeless liaison. If the school does not offer this, ask for the liaison by name.

How McKinney-Vento and GF-223 Work Together

McKinney-Vento handles enrollment. It gets the child into a classroom immediately, without paperwork barriers. But it does not address medical consent, ongoing educational decision-making or daily school permissions.

For those, the caregiver still needs a Power of Attorney (Form GF-223) or court-ordered guardianship. The practical sequence:

1. Day one: walk into the school, invoke McKinney-Vento, enroll the child.
2. Within the first week: get a GF-223 signed by the parent (if available) to cover medical consent and ongoing school decisions.
3. Within the first month: apply for BadgerCare Plus (health insurance) and Kinship Care payments through the county.

McKinney-Vento eliminates the enrollment barrier so the child is in school while the rest of the paperwork catches up.

The Wisconsin School and Medical Consent Guide covers both McKinney-Vento enrollment and the GF-223 process in a single action kit, with checklists for each step and statutory citations to present to school staff.

See more Wisconsin guides →