Tale From the Field: Meeting the Needs of Preschool Special Education McKinney-Vento Students
- NYSTEACHs.org
- Mar 28
- 4 min read
Many of our helpline calls are used to determine initial eligibility. Unique situations can make determining whether a student is eligible for McKinney-Vento designation difficult. The NYS TEACHS Helpline supports 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 eligibility determinations.
The Tale
A district liaison called to discuss a family that had been living in a shelter in their district (District A) before moving to a new shelter in the neighboring district (District B).
The 4-year-old was evaluated and receives CPSE services at a local Head Start in District A and would like to register for kindergarten in District A.
The 4-year-old has a younger sibling that has not yet enrolled in preschool.
Questions to Consider:
Where was this family last permanently housed?
Where was the family living when the 4-year-old became eligible to enroll in preschool?
Is the preschool program a local LEA-run or funded preschool?
Where should the student enroll for kindergarten?
Does the student have additional rights as a special education student?
Answers:
Students may enroll in Kindergarten in the district where they were last permanently housed if they were eligible to apply, register, or enroll in public preschool or kindergarten at the time of the housing loss, or if they have a sibling who already attends school in the same district. N.Y. Education Law § 3209(2)(c).
Identifying a student’s district when last permanently housed provides a district of origin or alternate option for school selection.
The federal McKinney-Vento Act and New York Education Law Section 3209 provide important school selection and enrollment protections to preschoolers living in temporary housing. They may have up to three choices to enroll in school, including:
The school attended when they were last permanently housed, or
The school last attended, even if the student was temporarily housed during that time, or
The local school where the student is currently temporarily housed.
The school of origin is the school that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled, including a preschool. (Section 722(g)(3)(I)(i)).
In this situation, the student was living in District A when she became eligible for and enrolled in preschool, and therefore District A is considered her district of origin.
The McKinney-Vento Act applies to preschool programs that are operated, administered, or funded, in whole or in part, by local educational agencies.
Details on this definition are available in this preschool flowchart: https://schoolhouseconnection.org/wp-content/uploads/2017/09/PreschoolFlowchart.pdf.
Head Start and Early Head Start programs for which school districts are not the fiscal agent must meet Head Start Program Performance Standards. Those rules use the McKinney-Vento Act’s definition of homelessness and have multiple requirements around immediate enrollment and improved access to services for families experiencing homelessness.
McKinney-Vento assumes best practice is to remain in the district of origin unless otherwise determined that a move to the other district would be to the benefit of the student or if the parent requests the transfer.
In this scenario, while the student would be eligible to enroll in kindergarten in District B, she became eligible for preschool services while living in District A and is currently enrolled in a Head Start program with CPSE in District A. District A is now considered the student's district of origin and she is eligible to register for kindergarten there.
The McKinney-Vento best practice assumption is that the student should enroll in kindergarten in District A though a conversation around best interest could be helpful.
Children at risk for needing early intervention have the right to be evaluated and, if necessary, receive special education services at the preschool level. To have a preschool-aged child evaluated for special education services, the person who would like to initiate the evaluation must make a referral to the school district’s Committee on Preschool Special Education (CPSE) Chair, requesting an evaluation for the student. 8 N.Y.C.R.R. § 200.4(a).
If special education services are in place for a student in temporary housing, they have a right to continue those services as well as receive McKinney-Vento transportation to the school of attendance. If they enroll in the other district, the new district will hold a CSE meeting and determine the best placement within their district to meet the needs of the student.
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