District McKinney-Vento Dispute Resolution Protocols
The federal McKinney-Vento (MV) Education of Homeless Children and Youth program requires states to ensure equal access to public schools by homeless students and other educational support. Among the provisions is the right of homeless parents and unaccompanied homeless youths to dispute district determinations of school placement and McKinney-Vento eligibility.
This brief below provides guidance for Oregon school districts regarding procedures and protocols for dispute resolution and appeals, in compliance with the McKinney-Vento Act’s Education of Homeless Children and Youth program, as reauthorized in 2015 under the Every Student Succeeds Act (ESSA).
2015 Reauthorization Changes to McKinney-Vento Provisions
The 2015 MV reauthorization resulted in codifying several items previously found in non-regulatory guidance. One such change occurred in the determination of a student’s best interest:
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Previous McKinney-Vento provision: In determining the best interest of an eligible child or youth, the district shall, to the extent feasible, keep the student in their school of origin.
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New under McKinney-Vento: In determining the best interest of an eligible child or youth, the district shall presume that keeping the student in the school of origin is in their best interest, except when doing so is contrary to the request of the parent or unaccompanied student.
In addition to the presumption clause, MV directs districts to consider student-centered factors related to the child or youth’s best interest, including factors related to “the impact of mobility on achievement, education, health and safety” of homeless students, giving priority to the request of the parent or unaccompanied youth.
Also new in the Act is the provision that the receiving or feeder schools are included in the definition of “school of origin.” The same criteria for best educational interest determinations apply to feeder schools. A review of a student’s best educational interest is appropriate whenever a school change is about to occur.