New York State Technical and Education Assistance Center for Homeless Students

Students who transfer schools often do worse in school than those who don't transfer. The McKinney-Vento Act can help solve this problem by allowing students to stay in the same school and get free transportation.

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FAQs: Dispute Resolution and Appeal Process

If a school district and a homeless family or unaccompanied youth disagree about school selection or enrollment, the Local Educational Agency must immediately enroll the student in the school in which enrollment is sought, pending resolution of the dispute. (M-V Section 722(3)(E)(i)). All 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)).

The liaison's responsibilities include:

• providing the parent, guardian, or youth with the appeal forms and stay application (Copies of the appeal form and instructions can be found at: http://www.counsel.nysed.gov/appeals/homelessForms.htm);
• helping the parent, guardian, or youth fill out the appeal form and stay application;
• making copies of the appeal forms and any supporting documents at no cost to the parent, guardian, or youth;
• accepting service of the appeal forms and stay application;
• making sure the appeal is properly filed with the State within 5 days, and
• giving or sending the parent, guardian, or youth verifications that s/he has properly filed and served the appeal.

(8 N.Y.C.R.R. §100.2(x)(7)(ii)(c)).

What can a school do if it believes a student is not entitled to enrollment or transportation?

If a school believes that a student is not entitled to enrollment or transportation, the school must:

• give the parent or youth a written explanation of the school's decision, including a statement regarding the right to appeal the explanation must include the name, post office address, and phone number of the liaison in the school district, as well as the petition form used to file an appeal with the Commissioner
• immediately admit the student to the school of choice while the dispute is being resolved
• provide transportation if the student is attending the school of origin
• 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. Under state law, if the parent/guardian of a child who is homeless or an unaccompanied youth files an appeal to the Commissioner within 30 days of an LEA determination, and completes the stay order section of the petition, the student is permitted to continue attending the school she had been attending at the time of the appeal, until the Commissioner makes a decision on the stay request. If the Commissioner grants the stay request and issues a stay order, the homeless child or unaccompanied youth can continue attending the school until the Commissioner issues an appeal decision. If the Commissioner dismisses the appeal, the child will no longer be entitled to attend the school. (8 N.Y.C.R.R. § 100.2(x)(7)(ii)(c); 8 N.Y.C.R.R. § 276.10(3)(7)(ii)(c)).

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