Tale from the Field: McKinney-Vento and Direct Placement

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 five year old student was attending Kindergarten in District A at the start of the 2025-26 school year.  She lived with her grandmother who is her primary residential guardian while her mother shares joint legal custody.

At the beginning of the school year, child protective services was made aware that the home the student was living in (grandma’s home) was unsanitary.  It was discovered that the house had bed bugs, lice, animal feces, and was infested with mold and other insects.  Child protective services removed the student from the grandmother's home and did a direct placement with mom, who was her closest relative.  

This direct placement likely avoided placing the student in foster care.  When the student was placed with mom, they were living in District B.  District A provided transportation, temporarily, as child protective services had said this would be a temporary housing situation.  Once District A believed that the new housing arrangement was permanent, they discontinued transportation and told the family to register in District B. The student was not identified as McKinney-Vento.

However, District B would not enroll the student due to the inaccuracies on the custody arrangement (student was living with mom when grandma had primary physical custody).  At this time, the student lived with her mom and another adult in an apartment and was not enrolled or attending any school.  They've since been evicted and child protective services placed them in a hotel in District C with another possible move coming up. 

The student has not been in school since the end of September 2025 and has been missing her IEP services.

Questions to Consider:

1. Does the student qualify for McKinney-Vento even though she’s living with her mom?

2. If so, what district should/could enroll the student?

Answers:

1. This student should have been identified as McKinney-Vento and made eligible by District A when she was first removed from her grandmother's home by child protective services.  When a child is removed and placed into foster care, that falls under a different law (with similar rights).  However, when a child is removed from their home and placed with a relative or family friend, as was the case here, that's called a direct placement and continues to fall under McKinney-Vento.

The student’s last permanent residence before her initial loss of housing was in District A.  When discovered that the grandmother's home was inadequate (a tenant of McKinney-Vento's definition of permanence), child protective services removed the student (homeless causing event) and placed her with mom (direct placement).

Students should be considered homeless under the McKinney-Vento Act in situations where a student has been removed from his/her home because of an allegation of abuse or neglect and the child welfare agency arranges for a relative or family friend to assume temporary custody of the student, rather than place the student in foster care. 

2. Given that District A is the district of origin (where the student attended when she first lost her housing), District A should re-enroll immediately and ensure that the student receives compensatory services to fully satisfy her IEP.

Local education agencies (LEAs or school districts) must keep homeless children and youth in the school of origin, to the extent feasible, except when doing so is contrary to the wishes of the parent or guardian (or in the case of an unaccompanied homeless youth, against the youth’s wishes) (42 U.S.C. § 11432(g)(3)(B) (i), 2001). 

Should the family have decided to enroll in their current locations, the student could have enrolled in District B under McKinney-Vento, while she was living within that district.  Additionally, now that she’s living in District C, she has the right to enroll there.  However, District A remains the best option for this student as this is the only school she’s known.  She has a positive relationship with her teachers, IEP therapists, and peers.  It is in her best interest to be re-enrolled immediately in District A.

Resources

NYSED Memo on Direct Placement