Answer: It doesn’t fit, and the federal law supersedes your state law. This state statute conflicts with the McKinney-Vento Act. According to the US Constitution, Article VI, Clause 2, federal laws take precedence over state laws when there is a conflict. Therefore, schools in your state must follow the federal McKinney-Vento Act over and above any state laws.

As you know, the McKinney-Vento Act requires both state and local educational agencies to review and revise policies to remove barriers to the enrollment and retention of homeless children in school. 42 USC §11432(g)(1)(I). The Act also requires schools to enroll homeless children immediately, even if they lack records of immunization and other required health records. 42 USC §11432(g)(3)(C)(i)(I).

While this law and schools that follow it are providing immediate enrollment, they then create a barrier to enrollment and retention by suspending the child after five days. That violates the McKinney-Vento Act. Under the US Constitution, the school must follow federal law, not state law.

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