Homeless, Runaway and Migrant Children Are Now Automatically Eligible For Free School Meals

On June 30, 2004, President Bush signed the Child Nutrition and WIC Reauthorization Act of 2004 (the Act) into law (Public Law 108-265). One exciting provision of the Act makes migrant, homeless and runaway children and youth automatically eligible for free school breakfast and lunch.

Before the Act was passed, administrative guidance made homeless children automatically eligible for free school meals. The Act establishes in law this categorical eligibility for homeless children. The Act confers automatic eligibility for free school meals on:

Homeless and runaway students. The McKinney-Vento Act requires every school district to designate a local educational agency liaison for homeless children and youth. The liaisons ensure that children receive the educational and other services for which they are eligible, including free school meals. Local educational agency liaisons, homeless or domestic violence shelter directors and RHYA service providers may provide documentation that children are homeless or runaway to school food service directors or other officials who determine school meal eligibility.

Migrant students. Most school districts that have migrant children attending school have an MEP coordinator who identifies children from migrant families. If a school district does not have an MEP coordinator, every state has a State MEP Director (who generally works for the State Education Agency) who can facilitate the identification of migrant children. School food service directors or other officials who determine school meal eligibility must accept documentation that children are migrant from the MEP coordinator.

Lists of names in lieu of applications. The documentation of a child as homeless, runaway or migrant must include the child's name or a list of their names, effective date(s), and the signature of the local educational agency liaison, homeless or domestic violence shelter director, MEP coordinator or RHYA service provider. This list is acceptable in lieu of a school meal application usually submitted by the child's parent or guardian and is sufficient for school officials to approve the child's eligibility for free school meals.

Eligibility for the full school year. When a student has been certified as eligible for free meals, based on designation as homeless, runaway or migrant by a local educational agency liaison, homeless or domestic violence shelter director, RHYA service provider or MEP coordinator, the eligibility remains effective for the remainder of the school year and up to 30 days into the next school year. This policy holds even if children or youth move into permanent housing and are no longer homeless, migrant, or served by RHYA programs.

FRAC has prepared materials to assist individuals and organizations that work with homeless children and youth to implement these new provisions:

View memos from Food and Nutrition Service (USDA) about this provision: