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.

Search

FAQs: School Selection

Under the McKinney-Vento Act, students in temporary housing have the right to attend the school of origin or the local school. The school of origin is defined as the school where they were enrolled when last permanently housed or the school they last attended. The local school is any school permanently housed students who are living in the same area as the students who are temporarily housed can attend. (N.Y. Education Law §3209(2)(a)(1)-(3); 8 N.Y.C.R.R. §100.2(x)(2)(i)).

Who decides where the student attends school?

The "designator" decides which school district a homeless child or youth will attend. A designator is:

• the parent or person in parental relation (guardian) to a homeless child; or
• the homeless child, with the LEA liaison if no parent or guardian is available (unaccompanied youth); or
• the director of a residential program for runaway and homeless youth, in consultation with the homeless child, where a homeless youth is living in such program.

(N.Y. Education Law § 3209(1)(b); 8 N.Y.C.R.R. § 100.2 (x)(1)(ii)).

If a child was permanently housed in one town, and subsequently became homeless and was forced to move to another town, can the child continue to attend her original school?

Yes. Students designated as homeless are entitled to immediate enrollment in and transportation to the school of origin, which is defined as the school attended when the student was permanently housed, or the last school the student attended. (M-V Section 722(g)(3)(A); N.Y. Education Law § 3209(2)(a)).

How long can a student attend the school of origin?

A student can attend the school of origin the entire time the student is homeless, and throughout the remainder of the school year in which the student moves into permanent housing. The student can possibly attend one additional year after becoming permanently housed, if it is the student's terminal year in that school (i.e. 8th grade or 12th grade). (M-V Section 722(g)(3)(A); N.Y. Education Law § 3209 (2); 8 N.Y.C.R.R. § 100.2(x)(2)(ii)). School districts are encouraged to use Title I set-aside funding to cover the cost of transportation for students to finish the year in the same school after moving into permanent housing.

What happens if a child chooses to attend the local school, and soon after decides that she would rather attend the school of origin?

A temporarily housed student has the right to attend the school of origin, even if the student has already enrolled in the local school. Students have 60 days or until the end of the semester, whichever is later, to change schools. To do this, the designator (see above) will need to complete a new STAC-202 form. The liaisons in the school of origin and the local school should speak about the best process to transfer the student to the school of origin.

Does the McKinney-Vento Act cover students attending private schools?

Not usually. The McKinney-Vento Act only covers students who attend public schools. The exception to this rule is in cases where the student has been placed in a non-public school (NPS) or private school by the Committee on Special Education (CSE). In such cases, if the student becomes homeless, she would be entitled to continued enrollment in the NPS placement and would be eligible to receive transportation to that school under McKinney-Vento. Whether or not a student can continue to attend a private school that is not a placement approved by the CSE is at the discretion of that private school; the McKinney-Vento Act does not apply in such situations. See Transportation FAQs for more information about transportation to private schools.

Can a student who was attending private school transfer to a public school in the district of origin?

Under state law, students who were attending private school and are temporarily housed in another school district may enroll in public school in the district where they were last permanently housed, i.e. the district of origin, and receive transportation to that school. (N.Y. Education Law § 3209(1)(c)).

How long can a student attend the local school?

A student can attend the local school for the entire time the student is homeless. It is SED's position that a student can also continue to attend the local school throughout the remainder of the school year in which the student moves into permanent housing. The student can also possibly attend one additional year after becoming permanently housed, if it is the student's terminal year in that school (i.e. 8th grade or 12th grade). (M-V Section 722(g)(3)(A)(i) and N.Y. Education Law § 3209 (2); 8 N.Y.C.R.R. § 100.2(x)(2)(ii)). School districts are encouraged to use Title I set-aside funding to cover the cost of transportation for formerly homeless students.

If, in the middle of the school year, a child becomes permanently housed in a different town, can the child continue to attend the school she had attended while temporarily housed?

Yes. Under McKinney-Vento, students who were homeless have the right to continue to attend the same school for the remainder of the school year in which they move into permanent housing. In addition, they also continue to be eligible for Title I services and free meals for the remainder of the school year. (M-V Section 722(g)(3)(A); U.S. Department of Education, Education for Homeless Children and Youth Program, Non-Regulatory Guidance, July 2004).

If a child is permanently housed and then becomes homeless and forced to move several times and she decides to enroll in the local district each time she moves, does the child have the right to go back to attend any one of the school districts she had attended at any point in time?

No. At any given point, a student has the right to attend one of at most three school districts. The student can attend (1) the local school, where she is currently living; (2) the last school she had attended while temporarily housed—the school of origin; and (3) the school she had attended or was entitled to attend when she was permanently housed, also known as the school of origin. (N.Y. Education Law §3209(2)(a)(1)-(3); 8 N.Y.C.R.R. §100.2(x)(2)(i)).

What happens if a child becomes temporarily housed within the same school district the child had attended, but in a different attendance zone from the one where the child was last permanently housed?

The student would have the right to choose between the school zoned for the area in which the student is temporarily residing, and the school the student had attending while permanently housed. A temporarily housed student has the right to return to the actual public school building within the school district the child had previously attended while permanently housed. (N.Y. Education Law §3209(2)(b)(1)).

If a homeless student has been attending the school of origin since the start of the school year, and the school district finds out in the middle of the school year that the student's family actually moved into permanent housing in another school district the summer before the school year began, is the student entitled to continued enrollment in that school district for the remainder of the school year?

The homeless parent/student has the obligation to inform the school district when they move into permanent housing. In this situation, the student could continue attending school in that district, but she is not necessarily entitled to continued enrollment. If the school district chooses not to allow the student to continue attending school there for the remainder of the year, the district would begin the 310 appeal/dispute resolution process by issuing a written decision to the family. See Dispute Resolution & Appeal Process FAQs for more information.

If a family with more than one child becomes homeless, and the children would like to attend school in different school districts (i.e. one child would like to return to the school of origin, and the other child would like to enroll in the local school) can the family choose to do that?

Yes. Siblings in a family that has become temporarily housed may choose to attend school in different school districts, as long as the school designated is the local school district or the district of origin. Temporarily housed siblings do not necessarily have to attend school in the same district.

What is a Regional Placement Plan?

A Regional Placement Plan is a comprehensive regional approach to the provision of educational placements for homeless children, which must be approved by the Commissioner of Education. As of January 2007, it exists only in Westchester County. (N.Y. Education Law §3209(1)(e); 8 N.Y.C.R.R. §100.2(x)(1)(v)).

back to top