The McKinney-Vento Act requires each state to establish its own procedures to resolve disputes promptly. The Act requires schools to admit students immediately to the school in which they are seeking enrollment, until the dispute is resolved. The school must provide a written explanation of its decision, including information about the right to appeal. The school must then refer the student, parent, or guardian to the district liaison, who must carry out the dispute resolution process as quickly as possible. Is the district liaison required to be the person listening to the grievance procedure? A. No, although it is considered good practice. The McKinney-Vento Act requires every state to develop a procedure to promptly resolve disputes. Therefore, the state can determine the specifics for the dispute resolution process. The liaison does not have to be the person listening to the grievances; however, liaisons are required to carry out the dispute resolution process, making sure that families and youth are aware of their rights to appeal and are able to access the dispute process.. ... Homeless Liaisons Does every school district have to have a liaison? A. Yes. The McKinney-Vento Act requires every local educational agency to "designate an appropriate staff person" to serve as liaison. (42 U.S.C. § (g)(1)(J)(ii).) What are the liaison's duties? A. The McKinney-Vento Act specifies the duties of liaisons, as follows: identify homeless children and youth; ensure that children and youth experiencing homelessness enroll in, and have a full and fair opportunity to succeed in, school; ensure that families, children and youth receive educational services for which they are eligible, including Head Start, Even Start and other appropriate services; inform parents and guardians of the educational and related opportunities available to their children and provide them with meaningful opportunities to participate in that education; disseminate public notice of educational rights; ensure that enrollment disputes are mediated; inform families and youth about transportation services and assist them in accessing transportation. https://www.schoolhouseconnection.org/learn/from-our-inboxes/

Does the McKinney-Vento Act apply to schools that are not receiving its funding?

A. Yes, the McKinney-Vento Act applies to every local educational agency in every state. As with most education laws, the Act applies to states receiving the federal funds.

If a school district does not follow the law, is there a penalty?

A. Yes. States are required to ensure that school districts in the state comply with the McKinney-Vento Act. Therefore, the state can sanction noncompliant school districts by withholding federal funds or other means. Families can also sue school districts in state and/or federal court. Several lawsuits have been filed under the McKinney-Vento Act, including lawsuits in Illinois, Maryland, Alabama, and New York. As a result, school districts have been forced to change their policies and practices and pay significant attorney fees. In addition, the U.S. Department of Education monitors state and school district compliance with the McKinney-Vento Act and could withhold or require repayment of federal funds in cases of noncompliance.

Toolbox

This toolbox is meant to be exactly that: a package containing the basic tools necessary
to construct a rigorous and robust McKinney-Vento program. It contains tools to assist
in: (1) developing strong community collaborations, including disaster planning and
mitigation; (2) implementing the McKinney-Vento Act, including disaster response
(consisting of identification, immediate enrollment, meeting immediate academic and
health needs, transportation, nutrition, and data management); and (3) promoting
mental health and academic success, including disaster recovery.
The intent is not to focus on narrative or anecdotes, but to provide a collection of
user-friendly tools: sample documents, templates, charts, checklists, etc. The toolbox
also contains extensive lists of useful web links. Each link is accompanied by a detailed
description of the information it provides.
Who Should Use The Toolbox?
The toolbox should be used by school district local homeless education liaisons,
district and school administrators, district federal program directors, and mental
health personnel at all levels. It contains useful tools and information for personnel
who are unfamiliar with the McKinney-Vento Act, as well as for the most experienced
local liaisons.
The toolbox can also be used as a technical assistance and training tool by State
Coordinators for Homeless Education; state administrators; state federal program
directors; and mental health personnel at all levels. Appendix 21 is designed to assist
State Coordinators in using this toolbox.