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at Advocates for Children

151 West 30th Street
5th Floor
New York, NY 10001

TEL 800.388.2014
FAX 212.807.6872

PLEASE NOTE: In some cases, certain information on this page may not be current.

Important changes related to McKinney-Vento were included in the Every Student Succeeds Act of 2015 (ESSA). The changes went into effect October 1, 2016, and include: expanded transportation protections until the end of the school year for temporarily housed students who move into permanent housing, the inclusion of preschool in the definition of "school of origin" (children can stay in their school of origin and receive transportation to that school), and changes to the dispute resolution process which include the provision of all McKinney-Vento related services (for example, continued enrollment and transportation) until a final decision is issued. For more information about ESSA changes to the McKinney-Vento Act, see the State Education Department's Field Memo regarding Implementation of Changes to McKinney-Vento Homeless Act as a Result of Passage of Every Student Succeeds Act.

Please continue to check here for updated information about how new laws will impact policies and procedures in New York State, and as always, feel free to contact NYS-TEACHS at 800-388-2014 with any questions you may have.

FAQs: Early Childhood Education

Are preschoolers eligible for protections under the McKinney-Vento Act?

Preschoolers are covered under the McKinney-Vento Act and have the right to maintain enrollment in their district of origin. 42 U.S.C. § 11432 (g)(6)(A)(iii).
In NYC, with Universal Pre-k, any family who applies for pre-k will be offered a seat. If there are no pre-kindergarten classes in the district, every effort should be made to find an appropriate placement for the children whose parents request pre-kindergarten classes. See, NYC Chancellor's Regulations A-780[II].

What is the process for having a student evaluated for preschool special education services?

The person who would like to initiate the evaluation must make a referral to the district Committee on Preschool Special Education (CPSE) Chair, explaining that they'd like an evaluation for the student. 8 N.Y.C.R.R. § 200.4(a)(6).
The Committee on Preschool Special Education (CPSE) must make an eligibility determination as well as service and/or placement recommendations within 30 school days of when parental consent was given. 8 N.Y.C.R.R. § 200.16(d)&(e). The district must implement the CPSE recommendations on the nearest July, September or January program start date, or within 30 school days from a CPSE recommendation made within 30 days of the July, September or January program start date. 8 N.Y.C.R.R. § 200.16(f).

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Schedule for Fall/Winter 2017 Webinar Series

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Workshops and Training Materials

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