Tale from the Field: McKinney-Vento and Determining School Selection after Permanent Housing

Many of the TEACHS helpline calls are to assist district liaisons determining eligibility.  Unique situations can make determining whether a student is eligible for the McKinney-Vento designation difficult.  The NYS TEACHS Helpline supports district liaisons in determining eligibility for students in unique circumstances and considers each situation on a case-by-case basis.  Please call the Helpline at 800-388-2014 for assistance in eligibility determinations.

The Tale

A family (mom, 9th grader, 7th grader, and 4th grader) was designated McKinney-Vento during the 2024-25 school year when they were evicted from their home in District A. They remained enrolled in District A throughout the school year.  The family found permanent housing in District B in August 2025 and chose to enroll the children in District B since it was the beginning of the school year.

However, the 9th grader is having a difficult time transitioning to the new school and wants to return to attend District A. 

Are the students eligible to return to District A even though they have permanent housing in District B?  

Questions to Consider:

1. What is in the best interest of the student(s)?

2. Can one student re-enroll in District A while the other two remain in District B?

Answers:

1. This is a conversation around what is in the “best interest” of each student. Conversations around the “best interest” of a student should be collaborative and include both the parent/guardian and the school.

Best interest considerations include “factors related to the impact of mobility on achievement, education, health, and safety” of the student. 42 U.S.C. 11432(g)(3)(B)(ii). Issues related to tuition, fiscal responsibility, or related state policies have no place in the best interest determination. As a federal law, the McKinney-Vento Act supersedes any state or local policies that may conflict with the federal requirements.

Factors that an LEA may consider when determining the best interest of a child include: 

• The age of the child or youth

• The distance of the commute to and from the school of origin and its impact on the student’s education

• personal safety issues

• The student’s need for special instruction (e.g., special education and related services)

• The anticipated length of stay in a temporary shelter or other temporary location

• The time remaining in the school year.

In this scenario, the student is starting both a new grade and a new high school, so it is probably in the best interest of the student to enroll in the district where the family is living. The new district is where the youth will make friends and will make transition to High School easier. 

While the student would be eligible to return to District A for the remainder of the 2025-26 school year, they’d have to enroll back in the district where they are permanently housed for the following school year.  

Best interest should consider the timing of the transition. Is it best to continue the transition now since he’s already enrolled in District B? Or would one additional year in his school of origin support the necessary transition the following year?

2. Student enrollment is individual and the family may determine the best school choice option for each individual student.

Resources

NY SED School Year schedule

60-Days Guidance