A: In terms of a right to attend this school under the McKinney-Vento Act, it would have to fall under this section of the law: “(ii) enroll the child or youth 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 family would have to follow the same procedures as other children living where they are currently staying. There may be an argument that the student needs to go to school with the family member because of all the instability the student has experienced. Not allowing the student to attend that school could be a barrier to enrollment (including full participation) and retention in school. The student’s application should be prioritized, and you can cite this piece of the law: “(I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences.” 42 USC 11432(g)(1)(I)
I am working with a mother and student who just became homeless due to domestic violence. They are now doubled up with family in another district. The family they are staying with has students attending a choice school. The family I’m working with would like the student to attend the same choice school, saying that it is in the best interest of the student. Does the student have the right to attend the choice school?
Nov 16, 2022 | Q and A