NYS-TEACHS › Info by Topic: Dispute Resolution/Appeal Process

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NYS-TEACHS
at Advocates for Children

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TEL 800.388.2014
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info@nysteachs.org

PLEASE NOTE:Information about the stay request process for McKinney-Vento appeals in documents published before October 1, 2016 is out of date.


As of October 2016, parents, guardians, and youth don't have to ask for a stay in McKinney-Vento appeals to the Commissioner. Instead, school districts must continue enrollment and transportation until the Commissioner gives a final decision on any appeal. Please see the State Education Department's updated McKinney-Vento appeal form for more information.

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.

Dispute Resolution/Appeal Process

Resources | Forms | Laws and Guidance

In the event a homeless family or unaccompanied youth and school district disagree about a homeless student's designation, enrollment, school selection options, or transportation, the school district may challenge the student's eligibility under McKinney-Vento. To do so, the school district must provide written notice about the reasons for its disagreement and complete information about the right to appeal to the family or youth, must put the family or youth in touch with the McKinney-Vento liaison for assistance, and must provide immediate enrollment and transportation while the appeal is pending and until all available appeals are final.

Frequently Asked Questions and Answers

Find answers to commonly asked questions about the dispute resolution/appeal process for students in temporary housing situations.

Resources

Appeal Sample Evidence [PDF]

This document provides a list of examples of evidence that a parent, legal guardian, or unaccompanied youth may include in an appeal in order to show that the student is homeless under McKinney-Vento.

Sample District Dispute Resolution Policy [Word doc]

This is a sample policy that school districts may adopt in order to follow the New York State procedure for resolving disputes regarding the McKinney-Vento Act. This resource has been updated to reflect the changes made to the McKinney-Vento dispute resolution process under ESSA.

Forms

Sample District Decision Letter [Word doc]

A McKinney-Vento District Decision Letter must be sent by the district when there is a dispute regarding a student's eligibility under the McKinney-Vento Act. This resource has been updated to reflect the changes made to the McKinney-Vento dispute resolution process under ESSA.

Form Notice of Petition (includes the Petition) for an Appeal Involving a Homeless Child or Youth [PDF]

This form should be completed by the parent/guardian or unaccompanied youth (with help from the liaison) wishing to challenge a school district's denial of enrollment and/or transportation under the McKinney-Vento Act.

Form for Affidavit of Service by Mail by Local Educational Agency Liaison for Homeless Children and Youth [Word doc]

This form should be completed by the LEA liaison to verify that the individual has been served with the petition and is mailing it to the school district employee who has been designated to accept service on behalf of the school district.

Form for Affidavit of Acceptance of Personal Service by Local Educational Liaison for Homeless Children and Youth [Word doc]

This form should be completed by the LEA liaison or the person who has been designated by the board of education to accept service on behalf of the school district. This form affirms that the individual who completed the form has accepted the petition on behalf of the named respondents in the school district.

Form for Verification of Receipt and Transmittal of Petition and Materials by Local Educational Agency Liaison [Word doc]

This form should be completed by the LEA liaison and given to the parent, guardian, or unaccompanied youth to verify that the liaison has received the petition and will mail it to the Office of Counsel of the New York State Education Department.

Laws and Guidance

Field Memo: LEA Requirements for Implementing McKinney-Vento Dispute Resolution Process

PLEASE NOTE: The information about the stay request in this document is out of date. In October 2016, the State Education Department updated its McKinney-Vento appeal form. Parents, guardians, and youth don't have to ask for a stay in McKinney-Vento appeals to the Commissioner any more. Instead, school districts must continue enrollment and transportation until the Commissioner gives a final decision on any appeal.
On July 19, 2011, the State Education Department issued a Field Memo that is meant to assist LEAs and McKinney-Vento liaisons in navigating the appeal process and to ensure compliance with timelines for submission of the required forms.

Guidance Concerning 310 Appeals Process for Homeless Students [Word doc]

PLEASE NOTE: The information about the stay request in this document is out of date. In October 2016, the State Education Department updated its McKinney-Vento appeal form. Parents, guardians, and youth don't have to ask for a stay in McKinney-Vento appeals to the Commissioner any more. Instead, school districts must continue enrollment and transportation until the Commissioner gives a final decision on any appeal.
This memo discusses the responsibilities of school districts and LEA liaisons concerning the appeal process and provides the website for the Office of Counsel where the Regulations and the appeal petition forms can be found.

McKinney-Vento Homeless Education Assistance Act [PDF]

McKinney-Vento Section 722 (g)(3)(E)

Section NYCRR 100.2 (x)(7)(ii) [Word doc]

PLEASE NOTE: The information about the stay request in this document is out of date. In October 2016, the State Education Department updated its McKinney-Vento appeal form. Parents, guardians, and youth don't have to ask for a stay in McKinney-Vento appeals to the Commissioner any more. Instead, school districts must continue enrollment and transportation until the Commissioner gives a final decision on any appeal.
The Dispute/Resolution process is discussed in Section NYCRR 100.2 (x)(7)(ii)

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