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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Under the NC Homeless Protection Education Laws concerning

Customer Question

Under the NC Homeless Protection Education Laws concerning the Mckinney-Vento Act, definition of "transitional housing/shelter is what?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the McKinney Vento Act, this applies to those families with school children who are homeless. Once Family Promise found the family a home they can remain in for at least 30 days, it is not transitional. Transitional housing is someplace where they would stay for less than 30 days until a more permanent location is ready for them. Family Promise does not set an amount or monthly payment not because it is transitional, but because they do not know what this family will be able to afford and they charge them based on their income and what they find they could afford.

Once they are in the home and can remain there beyond 30 days, then it is no longer transitional under McKinney Vento.

Customer: replied 1 year ago.
Not the answer I was hoping for. It seems so cruel to make these 2 girls move to another school,when for 2 years the school they were at, is the only place they found stability. After the appeal hearing on Wednesday, I pray the school board makes the decision to let the girls remain at FHS. If not we are still going to try and fight this. The house Family Promise provided is not somewhere they can stay indefinitely. Where can I find the 30 day information?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, the act only states that transient housing is where someone is not expected to remain. The 30 days comes from many different court actions where they talk about someone being in a residence 30 days or more making them a tenant and thus a resident.

If I rent an apartment, that does not mean I can stay there indefinitely either, but it also does not mean I am homeless still, as I have a residence where I can stay for a period of time.

Customer: replied 1 year ago.
But it also states the child has the right to remain at their school of origin, which is the school they were enrolled in permanently before they became homeless & if it is in the best interest of the child he/she should not transferred to another school district. It should be based on individual needs with the child's best interest first.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Right, they get to remain in the school that they were in before the homelessness occurred as long as they are homeless. However, once the homelessness ends, they have to register in the school where they end up with a residence.

Customer: replied 1 year ago.
No, that is not what the amended law said's based on NC no child left behind laws. The school district they are trying to move these girls to is set up totally different from where they are, meaning the circulm. They have 4 classes and change to another 4 second semester. This other school has 7 classes the entire school year. And it can take 4 to 6 months for a child to adjust academically. If the school board does not let them remain, you will see us on the news. A news station wants to do their story but they want to wait & see what the school board decides first, in case they let them remain. The law clearly states you have to base this on individual needs & what is in the best interest of the child. If family promise can not get an extension they will once again be moving from church to church weekly
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The amended law says they can remain in the school district for the time they are homeless, but if they settle in another district and no longer are homeless, that new district can indeed take over.

Now you have a different issue as well, the different curriculum and school set up would create a hardship and not be best for the children

It is also going to be up to Family Promise to come in and testify that they will likely have to move soon as well, that would help the case.

Customer: replied 1 year ago.
Thanks
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you.

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