at Advocates for Children
151 West 30th Street
New York, NY 10001
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: Dispute Resolution and Appeal Process
What is the Dispute Resolution and Appeal Process?
All NYS school districts must have a policy for the prompt resolution of disputes regarding school selection or enrollment of a child who is homeless or an unaccompanied youth. 8 N.Y.C.R.R. § 100.2(x)(7)(b)(i).
What can a school district do if it believes a student is not entitled to enrollment or transportation under the McKinney-Vento Act?
If a school district believes that a student is not entitled to enrollment or transportation and wishes to challenge the student's entitlement, the school must:
- immediately enroll the student in the school in which enrollment is sought, pending resolution of the dispute. 42 U.S.C. § 11432 (3)(E)(i), and
- provide transportation if the student is attending the school of origin, and
- give the parent or youth a written explanation of the school's decision, including a statement regarding the right to appeal the school district's decision, and
- the explanation must include the name, post office address, and phone number of the McKinney-Vento liaison in the school district, as well as the petition form used to file an appeal with the Commissioner
- refer the parent or youth to the LEA liaison for assistance with an appeal.
8 N.Y.C.R.R. § 100.2(x)(7)(ii)(b-c).
Can a student continue to attend school and receive transportation during the appeal process?
Yes, If the student's parent or guardian or an unaccompanied youth commences an appeal with the Commissioner within 30 days of the district's final determination, the student must be permitted to continue to attend the school he/she is enrolled in at the time of the appeal and receive transportation until a final resolution of the dispute, including all available appeals. Please note, New York State Commissioner's Regulation will be updated in the near future..
Upcoming Workshops and Trainings
04/24/17 McKinney-Vento Training at Greater Southern Tier BOCES
04/25/17 McKinney-Vento Training at OCM BOCES
04/27/17 McKinney-Vento Training at Champlain Valley Educational Services
04/28/17 McKinney-Vento Training at WSWHE BOCES
04/25/17 Funding & Reimbursement (All Audiences)
04/27/17 Determining Eligibility (All Audiences)