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.

FAQs: Preschool

Are preschoolers eligible for protections under the McKinney-Vento Act?

Preschoolers are covered under the McKinney-Vento Act insofar as permanently housed students are entitled to a public preschool education. (M-V Section 722(g)(6)(A)(iii)). For example, if the district offers pre-k services, then these services must be made available to students in temporary housing. In NYC, children must be placed in pre-kindergarten classes if these services are available to permanently housed students in the school district. If there are no pre-kindergarten classes in the district, every effort should be made to find an appropriate placement for the children whose parents request pre-kindergarten classes. (NYC Chancellor's Regulations A-780[II]).

What is the process for having a student evaluated for preschool special education services?

The person who would like to initiate the evaluation must make a referral to the district Committee on Preschool Special Education (CPSE) Chair, explaining that they'd like an evaluation for the student. (8 N.Y.C.R.R. § 200.4(a)(6)). The Committee on Preschool Special Education (CPSE) must make an eligibility determination as well as service and/or placement recommendations within 30 school days of when parental consent was given. (8 N.Y.C.R.R. § 200.16(d)&(e)). The district must implement the CPSE recommendations on the nearest July, September or January program start date, or within 30 school days from a CPSE recommendation made within 30 days of the July, September or January program start date. (8 N.Y.C.R.R. § 200.16(f)).