Answer: These families meet the McKinney-Vento definition of homeless because they were placed in hotels in your community. If they enrolled in school in your community while in hotels, these schools meet the definition of school of origin and the students have the right to remain there if it is determined to be in their best interest. Each situation would need to be evaluated individually to determine best interest. The McKinney-Vento Act needs to be followed fully, including providing transportation and also, in the case of a disagreement over best interest, providing written notice to the family with the explanation of the school’s decision and how to appeal. The students must be able to remain in the school where enrollment is sought during the appeal process.
Our state recently welcomed a large number of immigrant families who were placed in hotels. The families are now moving to shelters in a neighboring city. The school district in the neighboring city has stated that they will transfer the students to their schools rather than support them staying in their schools of origin. We have identified the students under McKinney-Vento, as they are living in hotels and shelters. Do the students have the right to continue in their schools of origin in our community or can the district of residence make them transfer?
Feb 6, 2023 | Q and A