Our state has a law that excludes all students in mid-February if they are not up to date with their immunizations. This statewide day is called “Exclusion Day”. McKinney-Vento law states that we must review and revise policies that are a barrier to McKinney-Vento students enrollment and participation, and I believe exclusion day can be a barrier to a student’s attendance. We connect our students to health resources and advocate for students so that we can prevent their exclusion from school. This year, some of my liaison colleagues in neighboring school districts and I have experienced schools excluding students despite our advocacy. I know that federal law supersedes state law, and I’m hoping for a national lens to this practice.

A: You are correct that McKinney-Vento, as a federal law, supersedes state law, and a blanket policy like “Exclusion Day” cannot be applied to McKinney-Vento students. McKinney-Vento requires that districts 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.” [42 U.S.C. §11432(g)(1)(I)]. Excluding these students creates a barrier and may prevent immediate enrollment and full participation under McKinney-Vento [42 U.S.C. §11434A(1)].

You’d want to look at each situation individually – if a family is simply refusing immunizations despite advocacy and support from the liaison, exclusion could be applied (although the family would also have access to medical, religious, or philosophical exemptions that exist in the district or state).

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