Home Student Support & Well-Being McKinney-Vento Parent-Student Rights

The McKinney-Vento Act: Parent-Student Rights

West Virginia public schools shall provide an educational environment that treats all students with dignity and respect. Every student experiencing homelessness or transition shall have access to the same free and appropriate educational opportunities as students who are not homeless. 

This commitment to the educational rights of homeless children, youth, and unaccompanied youth, applies to all services, programs, and activities provided or made available.

A student may be considered eligible for services under the McKinney-Vento Homeless Assistance Act if he or she is presently living:

  • In temporary shared housing, a shelter, or transitional living program
  • In a hotel/motel, campground, or similar situation due to lack of alternative
  • At a bus station, park, car, or abandoned building

According to the McKinney-Vento Act, eligible students have rights to:

Immediate enrollment

School Selection

School Selection: Eligible students have a right to select from the following schools:

  • The school he/she attended when permanently housed (School of Origin)
  • The school in which he/she was last enrolled (School of Origin)
  • The school in the attendance area in which the student currently resides (School of Residency)

Remain enrolled

Remain enrolled in his/her selected school for the duration of homelessness, or until the academic year upon which they are permanently housed.


Participate in programs for which they are eligible, including tutoring programs, free lunch in schools with the National School Lunch Program, and Head Start Preschool Programs.

Transportation Services

A McKinney-Vento eligible student attending his/her School of Origin has a right to transportation to and from the School of Origin.

Dispute Resolution

If you disagree with school officials about enrollment, transportation, or fair treatment of a homeless child or youth, you may file a complaint with the school district homeless liaison. The school district must respond and attempt to resolve it quickly. During the dispute, the student must be immediately enrolled in the school and provided transportation until the matter is resolved. The McKinney Vento Liaison will assist you in making a decision, providing notice of any appeal process, and filling out dispute forms.

For a printable pdf of this information please see our McKinney-Vento Act: Parent-Student Rights flyer