If the school, district or McKinney liaison disagrees with the parent/guardian/youth about McKinney-Vento eligibility, school selection, or enrollment, there is a process to appeal the decision – every school district and state must establish procedures to promptly resolve disputes regarding the educational placement of students in transition.
- Under the McKinney-Vento Act, a student in temporary housing has the right to attend either their school of origin, if this is in the student’s best interest, or the neighborhood’s public school where the child or youth has current nighttime accommodations.
- “School of origin” is the school that the student attended when permanently housed or the school in which they were last enrolled.
- If a student is sent to a school other than the school of origin or the neighborhood public school where they are currently staying (whichever is requested by the parent or unaccompanied youth), the School District must provide the parent/guardian/youth with a written explanation of its decision and the right to appeal.
- Whenever a dispute arises, the student must be enrolled immediately to the requested school and be allowed to participate fully in all school activities while the dispute is being resolved.
- The school must refer the student, parent, or guardian to the district liaison to carry out the dispute resolution process as quickly as possible.
- Local liaisons must ensure that the same access to the dispute resolution process is provided to unaccompanied youth.