Disputes and Enforcement

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Q

Does the McKinney-Vento Act contain procedures for resolving disputes?

A

Yes. The McKinney-Vento Act requires each state to establish its own procedures to resolve disputes promptly. 42 U.S.C. §11432(g)(1)(C). The Act requires schools to admit students immediately to the school in which they are seeking enrollment, until the dispute is resolved. 42 U.S.C. §11432(g)(3)(E). The school must provide a written explanation of its decision, including information about the right to appeal. 42 U.S.C. §§11432(g)(3)(B)(iii), (g)(3)(E). 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. 42 U.S.C. §11432(g)(3)(E).


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Q

Does the district liaison have to be the person listening to the grievance procedure?

Q

Does the state need to be involved in resolving disputes?

Q

Must school districts provide transportation during disputes?

Q

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

Q

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

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