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NYS-TEACHS
at Advocates for Children

151 West 30th Street
5th Floor
New York, NY 10001

TEL 800.388.2014
FAX 212.807.6872

info@nysteachs.org


Frequently Asked Questions: Dispute Resolution and Appeal Process

What is the Dispute Resolution and Appeal Process?

All New York State school districts must have a policy for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth. 8 N.Y.C.R.R. § 100.2(x)(7)(b)(ii).

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 McKinney-Vento eligibility, the school must:

  • immediately enroll the student in the school in which enrollment is sought, and continue enrollment until final resolution of the dispute, including all available appeals. 42 U.S.C. § 11432 (3)(E)(i),
  • provide transportation if the student is attending the school of origin,
  • 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, and
  • refer the parent or youth to the Local Educational Agency's liaison for assistance with an appeal.

N.Y. Education Law § 3209(5); 8 N.Y.C.R.R. § 100.2(x)(7)(ii).

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 begins an appeal with the Commissioner within 30 days of the district's determination, the student must be allowed 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. N.Y. Education Law § 3209(5); 8 N.Y.C.R.R. § 100.2(x)(7)(ii)(c).

What resources are available to schools and to families with more information about the dispute process?

School districts are encouraged to learn about the dispute process, and strategies to prevent unnecessary disputes.

Please note, New York State Commissioner's Regulation § 100.2(x) may be updated in the near future.

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