Many of our helpline calls are used to determine initial eligibility. Unique, sometimes sad situations can make determining whether a student is eligible for McKinney-Vento designation difficult. The NYS TEACHS Helpline exists to support district liaisons in determining eligibility for students in unique circumstances and considers each situation on a case-by-case basis. Please call the Helpline at 800-388-2014 for assistance in determination.
The Tale
A District Liaison called and explained that the mother of a student has residential custody, but is gravely ill and expected to pass away soon. While the mother has been ill, her mom (the child’s grandmother) has moved in to help care for both the mother and the student. The child’s grandmother has no legal rights.
The child will be residing with their father, in a neighboring district, upon the death of their mom. While the District Liaison does not yet know the current custody arrangement, she believes that the dad has not had any custody (joint or residential) of the child yet.
The family would like to maintain enrollment in the student’s current school. Will this child qualify for McKinney-Vento rights?
Questions to Consider:
When does McKinney-Vento become applicable in this situation?
What is the current custody arrangement and does Dad have any custody before Mom’s death?
If Dad does not have custody at the time of Mom’s death but gains custody afterward, is the student still McKinney-Vento eligible?
What additional resources are available to this family during their time of need?
Answers:
It is important to clarify that the student is not MV-eligible at this time because they are still living at his/her home. Eligibility determinations cannot be made until a child/youth has a change in living situation. In this scenario, while the change is expected to occur, the student is not McKinney-Vento until it does.Â
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If the father does not yet have permanent, residential custody (even if a temporary court order is put into place), the student's housing would not be regular at the time of the move. Therefore, the student would be considered McKinney-Vento eligible.
McKinney-Vento eligibility would be granted if the child loses their residence upon the death of their mother and then resides with non-custodial family or friends in a direct placement. It is the district liaison’s responsibility to determine eligibility and ensure their rights are accessible. If this student is MV-eligible, they are entitled to transportation from Dad’s house to the district of origin as long as it’s within 50 miles door to door and it is in the child’s best interest to maintain enrollment there.
If the student is initially deemed McKinney-Vento eligible and the dad gains permanent residential custody, the student’s status would change. However, under the McKinney-Vento Act, the student would be eligible to complete the school year in their current district and stay for an additional year if the child will be in their terminal year next school year. After that, they would need to register in Dad’s district.
If a student moves into permanent housing in a new district but opts to continue enrollment in the same school through the remainder of the year or the terminal grade, McKinney-Vento benefits remain in effect. The school district where the student is enrolled may directly bill the student’s new district of residence for the cost of tuition. (42 U.S.C .§11432(g)(3)(A)(i)(II): Education Law §3209(2)(c))  Please reference: Billing for the Remainder of the School Year after a Student Becomes Permanently HousedÂ
Depending on the student/family need, there are many community-based resources that the District Liaison should be able to recommend, such as counseling. In addition, Title I funds may be available to meet specific needs (i.e. school supplies, new shoes, tutoring, etc.). Reviewing the Allowable and Unallowable Use table will identify what resources can be provided with these funds.
Resources: