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Marsha411JD, Lawyer
Category: Education Law
Satisfied Customers: 20357
Experience:  I am a licensed attorney with over 29 years experience in the practice of law including Educ. Law
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I have a question regarding the McKinney Vento Act. I will

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This question was assigned to "Military Law," but I believe it should be considered "Education Law". I'm unable to change the category. The question is in regard to the McKinney Vento Act. I will be moving from Colorado to Texas in August. I'm a government civilian being involuntarily transferred on government orders. Initially, my daughter and I will be staying in a hotel in the school district I want her to attend. We will then stay in temporary corporate housing (paid for by the government) in another district (1-2 months) while I look for permanent housing. The permanent housing will be in the original school district. The school has told me that if I leave the district for any reason, I would have to either pay tuition or change schools, then change again when I move back into the district. Wouldn't the McKinney Vento Act apply in this situation, since we were initially living in a hotel due to loss of permanent housing?


Thank you for the information and your question and I agree that this should be in Education Law and asked for it to be recategorized, but since it is Saturday, movement on that is slow. But, I am an Expert in both categories, so I can respond to your question.

Unfortunately, although it would be ideal if the Mckinney Vento Act applied to your situation, it does not. As you can imagine, the Act was written for the protection of children and their families who are victims of economic and domestic violence homelessness and not families who are transferred with a job. The income of the family and their economic ability to find adequate shelter is key to this Act.

The definition of "homeless children and youths" can be seen at:
Also, the term is further defined at:

What the school district told you was legally correct. That said, there might be a creative way to use someone's address who lives in this school district for the period of time you are temporarily out of it. If not, then if you really want your child to stay in the school from the get go, then temporarily paying tuition, is your only other option.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and other Education Law Specialists are ready to help you
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 29th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.