If a school district has placed a student in a private school pursuant to an IEP, and the student becomes homeless, can the student remain in the private school?

Answer: Yes. The private school is the school of origin, and as long as it is in the student’s best interest to attend the school of origin, and it is what the parent wants, the student has the right to attend there. 42 USC §§11432(g)(3)(A)-(B). Given that the student’s IEP team placed the student there, both IDEA and the McKinney-Vento Act provide a strong presumption that the school is in the student’s best interest. Also, the district of origin and the district where the child is currently staying share the responsibility to provide transportation to the school of origin.

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