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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Appeal Process and Dispute Resolution

All school districts must follow New York State procedure for resolving disputes when a homeless family or unaccompanied youth and school district disagree about a homeless student's designation, right to school selection, enrollment, transportation, etc. Access the NYS-specific dispute resolution/appeal forms and learn more about the dispute resolution process. Find answers to commonly asked questions about the dispute resolution process. Click the links below for documents related to the dispute resolution process.

Questions and Answers on Filing a 310 Appeal Concerning a Homeless Child or Youth [Word doc]

This NYSED-issued document provides answers to commonly asked questions about how a school district can file a 310 Appeal concerning a child or youth experiencing homelessness.

Guidance Concerning 310 Appeals Process for Homeless Students [Word doc]

This memo discusses the responsibilities of school districts and LEA liaisons concerning the appeal process and provides the website for the Office of Counsel where the Regulations and the appeal petition forms can be found.

Appeal Process/Dispute Resolution Forms

All school districts must follow New York State procedure for resolving disputes when a homeless family or unaccompanied youth disagrees with the school district about a homeless student's designation, right to school selection, enrollment, transportation, or other McKinney-Vento rights. Click the links below to access the NYS-specific appeal process/dispute resolution forms.

Written Notification Form [PDF]

This form should be completed by the school district liaison when an enrollment request is denied.

Form Notice of Petition (includes the Petition) for an Appeal Involving a Homeless Child or Youth [PDF]

This form should be completed by the homeless parent/guardian or unaccompanied youth (with help from the liaison) wishing to challenge a school district's denial of enrollment and/or transportation.

Statement of Petitioner for an Appeal Involving a Homeless Child or Youth [Word doc]

This form should be signed by the homeless parent/guardian or unaccompanied youth to affirm that the facts presented in the petition are true.

Form for Affidavit of Service by Mail by Local Educational Agency Liaison for Homeless Children and Youth [Word doc]

This form should be completed by the LEA liaison to verify that the individual has been served with the petition and is mailing it to the school district employee who has been designated to accept service on behalf of the school district.

Form for Affidavit of Acceptance of Personal Service by Local Educational Liaison for Homeless Children and Youth [Word doc]

This form should be completed by the LEA liaison or the person who has been designated by the board of education to accept service on behalf of the school district. This form affirms that the individual who completed the form has accepted the petition on behalf of the named respondents in the school district.