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The Right to Remain in the School of Origin |
Q. What is a student's school of origin? |
| A. School of origin is defined as the school the student attended when permanently housed, or the school in which the student was last enrolled. 42 U.S.C. §11432(g)(3)(G). |
Q. What factors should be considered for keeping children at their school of origin to the extent feasible? |
| A. Students must be allowed to attend their school of origin "to the extent feasible." Changing schools significantly impedes students' academic and social growth. The literature on highly mobile students indicates that it can take a student four to six months to recover academically after changing schools. Many studies also have found highly mobile students to have lower test scores and overall academic performance than peers who do not change schools. Therefore, the McKinney-Vento Act calls for school districts to maintain students in their school of origin to the extent feasible, unless that is against the wishes of the parent of guardian. 42 U.S.C. §11432(g)(3). Students have the right to attend the school building of origin; this provides continuity of instruction, teachers, and peers. Considerations for changing schools, other than as a result of a parent, guardian or unaccompanied youth's wishes, must be based on a student-centered, individualized determination. Factors that may be considered include: the age of the child or youth; the impact the commute may have on the student's education; personal safety issues; the students' need for special instruction; length of anticipated stay in temporary shelter or other temporary location; and time remaining in the school year. There may be other student-centered factors not enumerated here that will help determine feasibility. Above all, feasibility is a child-centered decision. 2003 Guidance, p. 12. |
Q. Can a student finish the school year or semester in the school of origin? |
| A. Yes. Students have the right to remain in the school of origin for the duration of homelessness. In addition, if a student moves into permanent housing during the school year, the student can finish that academic year in the school of origin. 42 U.S.C. §11432(g)(3)(A). |
Q. What is the school of origin for a student who becomes homeless, enrolls in the new school near the temporary housing, and then moves again to a third attendance area? |
| A. School of origin is defined as the school the student attended when permanently housed, or the school in which the student was last enrolled. 42 U.S.C. §11432(g)(3)(G). In the situation described, the family or youth can choose either the school near the initial temporary housing (the school in which the student was last enrolled) or the school the student attended when permanently housed. |
Q. In the event that a child's temporary housing is located in a different school district from the school of origin, which district is financially responsible for the child's education? |
A. The McKinney-Vento Act does not assign financial responsibility. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts' obligation to provide education and transportation. Inter-district disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. If there are no state policies to address fiscal responsibility, it may be reasonable for the district receiving state and federal funds for the student to retain financial responsibility.
For transportation, if two districts are involved, they must agree upon a method to apportion the cost and responsibility of transportation, or split it equally. States should develop a system to assist with inter-district transportation issues, including disputes between districts regarding apportioning costs and responsibility. The state attorney general's office may also be able to assist. Establishing inter-district transportation procedures and formalized agreements will be essential to ensure that transportation is arranged quickly for students. (See "Transportation", below, for more information.) |
Q. If a student finds temporary housing across state lines from the school of origin, does the McKinney-Vento Act still apply? |
| A. Yes. Since the McKinney-Vento Act is a federal law, it applies as in any other situation. Therefore, the student must be placed in the school of origin, unless that is against the parents'/guardians' wishes or is not feasible. Crossing state lines is not inherently unfeasible. In many border communities, mobility across state lines is common. It is also not uncommon for homelessness to force families across state lines, as the closest available shelter may be in a neighboring state. Schools must conduct the standard feasibility inquiry, based on the needs and circumstances of the individual student. Communication among the involved State Coordinators and liaisons can facilitate the provision of services. |
Q. If a student is out of school for an extended period of time, does the student still have the right to go to the school of origin? |
| A. Yes. The law applies as in any other situation: the student has the right to remain in the school of origin unless it is not feasible. That the student missed a period of schooling does not in itself make attending the school of origin unfeasible. For example, it may be better for the child to return to a familiar school, teachers and peers, to make up for lost time and to reintegrate smoothly into school. |
Q. Sometimes a student in a homeless situation will enroll in a new school, because the parent/guardian or unaccompanied youth was not informed of the student's right to remain in the school of origin. In that case, does the student still have the right to go back to the school of origin? |
| A. Yes. If parents or youth are not informed of their rights, then the school district must enroll the student in the original school of origin, consistent with the parent's or youth's wishes (and feasibility). The school district is required to inform families of their rights. 42 U.S.C. §§11432(g)(6)(A), (iv), (v), (vii). Not knowing one's rights does not mean not having the rights. |
Q. What if placing a student in the school the parent chooses would violate a school desegregation order? |
| A. The school district should follow the McKinney-Vento Act. Generally, desegregation orders predate the McKinney-Vento Act or simply did not consider the Act. However, the rights conferred by the Act must be protected. If this becomes a significant issue, the school district may want to petition the court to amend the desegregation order to account for the McKinney-Vento Act. See, e.g., U.S. Department of Education, Public School Choice Draft Non-Regulatory Guidance, December 2002, Section G. |
Q. Where can I find research on the effects of school mobility on academic achievement? |
A. There is a growing body of research on this topic. The following bibliography is a small sampling of what has been published:
-- Craig, Virginia, "A Report from the Kids Mobility Project," Kids Mobility Project (1998) (612-375-9644).
-- Fowler-Finn, Thomas, "Student Stability vs. Mobility," The School Administrator 36 (August 2001).
-- Heinlein, Lisa Melman and Marybeth Shinn, "School Mobility and Student Achievement in an Urban Setting," 37 Psychology in the Schools 349 (2000).
-- Jacobson, Linda, "Moving Targets," 20 Education Week 32 (2001).
-- Kerbow, David, "Pervasive Student Mobility: A Moving Target for School Improvement," Study of the Chicago Panel on School Policy and the Center for School Improvement at the University of Chicago (1996).
-- Lash, Andrea and Sandra Kirkpatrick, "A Classroom Perspective on Student Mobility," 91 The Elementary School Journal 177 (1990).
-- Mantzicopoulos, Panayota and Dana Knutson, "Head Start Children: School Mobility and Achievement in the Early Grades," 93 Journal of Educational Research 305 (2000).
-- Policy Analysis for California Education. "The Educational Consequences of Mobility for California Students and Schools," 1 PACE Policy Brief 1 (May 1999) (www-gse.Berkeley.edu/research/PACE/pace.html).
-- Popp, Patricia, Jenny Hindman, and James Stronge. Students on the Move: Reaching and Teaching Highly Mobile Children and Youth. National Center for Homeless Education (2003). Available at http://www.serve.org/nche/downloads/studentmobilitydocument.pdf.
-- Reed-Victor, Evelyn and Lynn Pelco, "Helping Homeless Students Build Resilience: What the School Community Can Do," 5 Journal for a Just and Caring Education 51 (1999).
--Rogers, Dr. Joy, of the Loyola University Department of Education, Education Report of Rule 706 Expert Panel presented in B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989), 1991.
-- Rothstein, Richard, "Equalizing Education Resources on Behalf of Disadvantaged Children," in A Notion at Risk: Preserving Public Education as an Engine for Social Mobility, ed. by Richard Kahlenberg, Century Foundation Press (2000).
-- Rumberger, Russell, "Student Mobility," The Informed Educator Series, Educational Research Service (2001).
-- Rumberger, Russell and Katherine Larson, "Student Mobility and the Increased Risk of High School Dropout," 107 American Journal of Education 1 (1998).
-- Stover, Del, "Schools grapple with high student mobility rates," 20 School Board News, no. 11 (2000).
-- "Student Mobility: How Some Children Get Left Behind," Journal of Negro Education Special Issue (Winter 2003).
-- Texas Education Agency, "A Study of Student Mobility in Texas Public Schools," Statewide Texas Educational Progress Study Report No. 3 (1997).
-- Williams, Debra, "Kids, Schools Suffer from Revolving Door," Catalyst: Voices of Chicago School Reform (April 1996).
-- Wood, David, et al. "Impact of Family Relocation on Children's Growth, Development, School Function, and Behavior," 270 Journal of the American Medical Association 1334 (1993). |
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