NYS-TEACHS
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Dispute Resolution/Appeal Process
All school districts must follow New York State procedure in the event a homeless family or unaccompanied youth and school district disagree about a homeless student's designation, right to school selection, enrollment, transportation, etc. Click the links below to access the NYS-specific dispute resolution/appeal forms and to learn more about the dispute resolution process.
Frequently Asked Questions and Answers
Find answers to commonly asked questions about the dispute resolution/appeal process for students in temporary housing situations.
Resources
Appeal Sample Evidence [PDF]
Sometimes, disputes arise about whether a student meets the definition of a homeless child under McKinney-Vento. In these cases, the parent, legal guardian, or unaccompanied youth can appeal the school district's final determination regarding enrollment, school selection, and/or transportation to the Commissioner of Education. This document provides a list of examples of evidence that a parent, legal guardian, or unaccompanied youth may include in an appeal in order to show that the student is homeless under McKinney-Vento.
Sample District Dispute Resolution Policy [Word doc]
This is a sample policy that school districts may adopt in order to follow the New York State procedure for resolving disputes regarding the McKinney-Vento Act.
Forms
Initial School/District Decision & Final District Decision [Word doc]
These forms may be used by the district when there is a dispute regarding a student's eligibility or entitlement under the McKinney-Vento Act.
Form Notice of Petition (includes the Petition) for an Appeal Involving a Homeless Child or Youth [PDF]
This form should be completed by the parent/guardian or unaccompanied youth (with help from the liaison) wishing to challenge a school district's denial of enrollment and/or transportation. This form includes a request for explanation of evidence as well as a request for a stay.
Statement of Petitioner for an Appeal Involving a Homeless Child or Youth [Word doc]
This form should be signed by the 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.
Form for Verification of Receipt and Transmittal of Petition and Materials by Local Educational Agency Liaison [Word doc]
This form should be completed by the LEA liaison and given to the parent, guardian, or unaccompanied youth to verify that the liaison has received the petition and will mail it to the Office of Counsel of the New York State Education Department.
Laws and Guidance
Field Memo: LEA Requirements for Implementing McKinney-Vento Dispute Resolution Process
On July 19, 2011, the State Education Department issued a Field Memo in response to several 310 Appeals it had received in which homeless eligibility was being disputed, but the McKinney-Vento liaisons (also known as the LEA liaisons or homeless liaisons) did not comply with all applicable filing requirements. The failure to submit all forms in connection with a 310 Appeal can interfere with the rights of both the LEA (Local Education Agency, Charter School, or BOCES) and the petitioner (parent, guardian, or youth) on whose behalf the appeal is being made. Failure to submit all required forms can also create delays in the resolution of disputes. The Field Memo is meant to assist LEAs and McKinney-Vento liaisons in navigating the appeal process and to ensure compliance with timelines for submission of the required forms.
Guidance Concerning 310 Appeals Process for Homeless Students [Word doc]
This January 2006 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.
Questions and Answers on Filing a 310 Appeal Concerning a Homeless Child or Youth [PDF]
This NYSED-issued document, released with the Guidance Concerning 310 Appeals Process (above), provides answers to commonly asked questions about the 310 Appeal concerning a child or youth claiming homelessness.
McKinney-Vento Homeless Education Assistance Act [PDF]
McKinney-Vento Section 722 (g)(3)(E)
New York State Education Law 3209 Section NYCRR 100.2 (x)(7)(ii) [Word doc]
NYS Education Law 3209 Section NYCRR 100.2 (x)(7)(ii)
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