Answer: Under the McKinney-Vento Act, the child has the right to remain in the school of origin (District C), or attend any school that other children living where the child is living are eligible to attend (District B). 42 USC 11432(g)(3)(A). State laws also may give the child the right to attend school where his/her mother is staying (District A).

The McKinney-Vento Act also states:
“(F) PLACEMENT CHOICE- The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere.” 42 USC 11432(g)(3)(F)
In this situation, the parent and child lost their housing, and now the parent has sent the child to live with someone else. The child has the right to remain in the school of origin, or enroll in “any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.” 42 USC 11432(g)(3)(A)(ii)

The school placement must be based on the child’s best interest, with a preference for the school origin, “except when doing so is contrary to the request of the child’s or youth’s parent or guardian.” 42 USC 11432(g)(3)(B)(i)

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