Answer: This is complex, since the students were McKinney-Vento eligible when they applied to the out-of-boundary school and agreed to comply with certain expectations. At the same time, that is now their school of origin. The best approach under the law would be for the school to do a best interest determination. If the students’ absenteeism, behavioral challenges, or other issues get to the point where it’s no longer in their best interest to attend that school, then the school could provide written notice to that effect and offer the dispute resolution process.  Parents who file a dispute would have the opportunity to show that it is in the student’s best interest to remain in the school of origin. 

However, first it’s necessary to look at what is behind the attendance and behavioral problems. The McKinney-Vento Act requires removing barriers to enrollment and retention in school, including barriers related to attendance. Therefore, the school must work with the students and parents to identify the causes of the issues and put interventions in place to address them.

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