Answer: Your transfer department is incorrect. They need to understand that for a McKinney-Vento student, this should not be viewed as an inter-district transfer. For McKinney-Vento students, this is a school of origin issue. The family remains homeless (in a transitional living program), and they have the right to remain in their school of origin for the duration of homelessness, if it is in their best interest. LEAs must presume that remaining in the school of origin is in the student’s best interest. McKinney-Vento students are not subject to inter-district transfer rules. Essentially, they are to be viewed as a district resident, even if they are in fact living out-of-district. The legal citation for this is 42 USC 11432(g)(3)(A)-(B).

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