In our district, a youth and parent can complete a form to change both preferred name and gender identity in the student information system/student record. It typically requires a parent signature. A high school student (14) who is identified as an unaccompanied youth has requested to change their preferred name and gender identity in the student information system. This youth’s parent is reachable and in contact with the student; however they don’t live together due to ongoing conflict. The high school wants to know 1) can the student complete the form/change without a parent signature? and 2) does the school need to contact the parent to either attempt to get a signature or notify the parent of the change? The student isn’t identifying this as a barrier to attendance currently. They do want to make the change themselves without including the parent. They haven’t shared specifically, but I think the on-going conflict is related to identity.

Answer: A pivotal issue in this scenario is that the student is saying that not changing their chosen name and gender identity is not a barrier to enrollment (which includes attending classes and participating fully in school activities).  States, school districts,...

We have a student who became homeless this school year, so School A became her school of origin. The family relocated to another attendance area (School B). In January, the student decided to leave school of origin (School A) per parent request and enroll in the school of her attendance area (School B). The student now wants to return to School A. Is School A still her school of origin? What if the student now has secure housing in School B’s attendance area?

Answer: Our team looked at this from two different perspectives and ultimately concluded that it depends on the interpretation of “the school attended when permanently housed”. We looked at school A as the school the student last attended when permanently...

We are working with a family that struggles financially. Mom is dealing with some medical challenges and is needing brain surgery; she currently can’t be left alone. Since mom can’t be alone, our student and her mom are doubled up with grandma three to five days out of the week. The other days they are able to be at their home, because grandma can be there with them. Grandma lives out of our school district and has reached out for help with transportation. We know they are struggling financially, but we can’t decide if the living situation is one that would be eligible under McKinney-Vento.

Answer: You are right to think about the reasons for sharing housing, as the law is clear that it must be “due to loss of housing, economic hardship, or a similar reason.” 42 U.S.C. §11434a(2) It does seem that in this situation, the family is staying with grandma due...

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...

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?

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...

We are working with a family who moved into a house on a five lane highway. Our state law says that school buses cannot stop on the highway to pick up the students. The closest possible stop is 0.3 miles away. While there is a sidewalk the whole way, the students still need to walk next to the highway and up a steep hill. Both the family and school staff have safety concerns. Our transportation department says there are no other options. The family does not currently have access to a car. What are our obligations for transportation in a situation that is within the local attendance area walk zone?

Answer: Because both school staff and the parent agree that the lack of transportation is a barrier to attendance due to safety, the district should provide an alternative, such as helping arrange a walk buddy or walking school bus, transportation from the bus stop to...

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