Dispute Resolution (McKinney-Vento Law)

Subtitle VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.; hereafter the McKinney-Vento Act), reauthorized in 2015 by Title IX, Part A of the Every Student Succeeds Act, guarantees educational rights and supports for students experiencing homelessness. The Act requires State educational agencies (SEAs) and local educational agencies (LEAs; commonly referred to as school districts) to follow a dispute resolution process when parents, guardians, or unaccompanied youth disagree with schools over eligibility for services, school selection, or school enrollment under the Act [42 U.S.C. §11432(g)(3)(E)]. The dispute resolution process is
intended to represent each party’s views for objective consideration so that disagreements can be resolved expeditiously and in keeping with McKinney-Vento provisions. This NCHE brief summarizes the key provisions related to dispute resolution included in the McKinney-Vento Act, and suggests strategies for implementation at the SEA and LEA levels.