Dispute Process

  • If the parent/guardian/youth disagree on the McKinney-Vento eligibility and/or school placement, a process is in place to appeal the decision. Every state must establish procedures to promptly resolve disputes regarding the educational placement of students in transition.

    If a student is denied eligibility or sent to a school other than the school of origin or the school requested by the parent or guardian, the LEA must provide the parent/guardian/youth with a written explanation of its decision and the right to appeal.

    Under the McKinney-Vento Act, a student in transition has the right to attend either the school of origin, if this is in the student's best interest, or the home school.

    School of origin is defined as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. Home school is defined as any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. School of origin includes Title 1 preschool, Special Education preschool, feeder schools (ESSA, 2016).

    Whenever a dispute arises, the student must be enrolled immediately to the requested school and be allowed to participate fully in all school activities while the dispute is being resolved. Upon resolution, the student will be immediately transferred to the original school placement if dispute was denied.

    The school must refer the student, parent, or guardian to the district McKinney-Vento specialist to carry out the dispute resolution process as expeditiously as possible.