McKinney-Vento Enrollment Dispute for a Family Doubled-Up After Eviction
A mother and three children arrive at the registrar's office after an eviction. They are staying in a motel and at the mother's sister's apartment. The registrar says proof of residency and immunization records are required before enrollment; the principal says the 9-year-old cannot receive IEP services until records arrive and that transportation to the school of origin is 'not in the budget.' The mother has no lease and no immunization card; the prior school has the records. The 9-year-old's IEP calls for 30 minutes of speech twice weekly and resource room math. The 14-year-old has 3.5 credits and is repeating ninth grade. The mother has an appointment with the school social worker, who is the district homeless liaison designee.
1. Identify the legal violations and describe the immediate enrollment steps.
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Under McKinney-Vento, the children are homeless because they are doubled-up or in a motel due to loss of housing. The district must immediately enroll them even without proof of residency, immunization records, or other documents, and cannot delay enrollment for records. The registrar's requirements violate the law.
Immediate steps:
- Complete the residency questionnaire and eligibility determination.
- Enroll immediately.
- Request records from the prior school and assist with immunizations.
- Provide written notice of rights and the dispute-resolution process.
- Determine school of origin versus local school based on the child's best interest and parent preference.
- Arrange transportation.
- Connect the family to Title I set-aside funds, meals, and community resources.
- Document each action.
The 9-year-old's IEP services should begin or comparable services should be arranged immediately, not wait for records. The 14-year-old should be placed and scheduled while transcripts are requested.
2. The principal refuses transportation to the school of origin and cites the budget. How should the social worker advocate?
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Transportation to and from the school of origin is a required McKinney-Vento service when it is in the child's best interest, and cost cannot be used to deny it. The budget objection is not a legal defense.
The social worker should:
- Document the request and denial.
- Provide the parent written notice of rights and initiate dispute resolution.
- Arrange interim transportation-bus pass, district van, or reimbursement-while the dispute is resolved.
- Escalate to the superintendent and state homeless coordinator.
- Calculate the actual cost and explore the Title I set-aside or other funds.
Advocacy should be in writing and focused on the child's right to remain in the school of origin. If the local school is chosen instead, transportation must still be arranged. The social worker should keep the child in school during the dispute.
3. How should the social worker ensure IEP services and credit accrual for the two older children?
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Convene an IEP meeting within the required timeline to review the out-of-district IEP, determine comparable services, and request records. The 9-year-old should receive speech and resource math immediately; the team should assess present levels and revise goals.
For the 14-year-old, obtain transcripts and use partial-credit procedures; award credit for coursework completed, assess for credit recovery, and develop a graduation plan. Under McKinney-Vento, the student may remain in the school of origin or enroll locally; the district must waive barriers and provide counseling.
Document all services and follow up. The social worker should also check whether the 14-year-old needs an evaluation for special education, since retention and credit loss can mask disability or language needs.