Foster care (also known as out-of-home care) is a temporary service provided by states for children who cannot live with their families. Children in foster care may live with relatives or with unrelated foster parents. Foster care can also refer to placement settings such as group homes, residential care facilities, emergency shelters, and supervised independent living.

Learn more about the types of foster care:

• Family foster care
• Treatment foster care
• OPPLA / APPLA (other planned permanent living arrangement)
• Achieving a continuum of care

Legal Protections for Homeless Children

The McKinney-Vento Homeless Assistance Act is a federal law, passed in 1987 and reauthorized in 2015, that guarantees certain rights for homeless children, regardless of whether they are homeless for a week or for years. The law requires schools and districts to provide homeless youth “equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.”

The law means that homeless children do not have to re-register at a different school every time they move, and districts must provide transportation to school regardless of where a homeless child is living. For example, if a child is living in a shelter in San Francisco but attending school in San Jose, the San Jose district must provide transportation to school every day.

Some districts do more than what is required by law, by providing free backpacks, school supplies, and hygiene items; keeping schools open late so students have a quiet, safe place to study; hiring social workers to help families find housing and navigate services; contracting with food banks and other nonprofits so families have access to necessities; and providing extra tutoring and academic counseling to homeless students.

Who Is Considered Homeless?

Under the McKinney-Vento Act, the law defines homelessness as living:

• “Doubled up,” or sharing housing with another family due to economic hardship.
• In a motel, hotel, campground, shelter, car, park, abandoned building, or other substandard housing.
• Without a fixed, regular, adequate nighttime residence.

Enrolling in the McKinney-Vento Program

Families experiencing conditions of homelessness should contact the District’s Community Liaison, Alfredo Gutierrez, at 805-385-1501, ext. 2333 or agutierrez@oxnardsd.org, to enroll in the program.

School Stability: The Right to a School of Origin

School stability under the McKinney-Vento Act means a student’s right to continue attending their school of origin regardless of where they are living.

• School of origin is defined as the school the child or youth attended when permanently housed, or the school in which the child or youth was last enrolled.
• School districts must keep a student experiencing homelessness in their school of origin, to the extent feasible, unless it is against the wishes of the parent or guardian.
• The student may remain in their school of origin for the duration of homelessness, and for the remainder of any academic year in which they become permanently housed.
• If a student is sent to a school other than the one requested by a parent or guardian, the district must provide a written explanation of its decision and of the right to appeal.

Students experiencing homelessness also have the choice to enroll in the local school serving the attendance area where they are currently spending their nights. District homeless liaisons are responsible for assisting unaccompanied youth in deciding which school to attend and in enrolling. Liaisons and school staff working with families can help make sure families understand the impact of school mobility and the student’s right to attend their school of origin.

Dispute Process

If you disagree with a decision about school selection or enrollment, the following resources explain the McKinney-Vento dispute resolution process:

PDF OSD Board Policy — Dispute Resolution for McKinney-Vento

PDF OSD Dispute Resolution Form for McKinney-Vento

• Counseling Services
• Community Services
• Crisis Support
• Outreach Services