Tale from the Field: McKinney-Vento and Extended School Year

Many of our helpline calls are used to determine 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 9th-grade special education student attending a BOCES program lost her permanent housing in District A in the fall of 2024.  The student and her parents went to live with mom’s parents (doubled up) in a neighboring district, District B.  At the time, the student was identified as McKinney-Vento eligible and all rights were ensured through her district of origin (District A).  

In March 2025, the family gained permanent housing in District B.  As a McKinney-Vento eligible student, District A continued enrollment and transportation to her BOCES through the remainder of the school year while direct billing District B.

Now that she is permanently housed, the student will enroll in District B for next school year. District B participates in the same BOCES, so her programming will largely remain unaffected.

The student has Extended School Year (ESY) on her IEP and should attend the ESY programming at her BOCES this summer, beginning in July. Given that she is enrolling in District B for the upcoming school year, which district is responsible for ensuring her access to ESY?

Questions to Consider:

1) What grade level will the student be entering?

2) When did the student gain permanent housing?

3) When does the ESY fall within the “school year” and who “manages the IEP?”

Answers:

1) Under Education Law §3209(2)(c)(1), when a student who was identified as homeless becomes permanently housed, they have the right to remain in their school of origin for the remainder of the school year.  If the following school year is the student’s terminal year (the final grade level in the school building), they may remain in that school for one additional year.

In this scenario, the student is finishing 9th grade and entering her 10th grade year, now permanently housed.  Therefore, she will enroll for next year in the district in which she is permanently living.

However, if the student is entering a terminal grade and continuing in the district of origin for one more year, then the district of origin would be responsible for the ESY.

2) If a student moves into permanent housing in a new district but opts to continue enrollment in the same school through the remainder of the year or the terminal grade, McKinney-Vento benefits remain in effect. The school district where the student is enrolled may directly bill the student’s new district of residence for the cost of tuition. (42 U.S.C .§11432(g)(3)(A)(i)(II): Education Law §3209(2)(c)). Please see the Direct Billing Memo for additional information.

If the student moved mid-school year (as in this case, it was March 2025), then the student’s McKinney-Vento rights remain in effect through the remainder of the school year and District A can direct bill District B for the cost of educating this student.

3) A NYS school year typically runs from July 1-June 30.  If ESY begins after July 1, as most do, then it falls within the new school year. Because of this, the new district (District B in this scenario) should begin managing this student’s IEP and ensuring provision of her ESY services. 

It is recommended that the McKinney-Vento District Liaison from District A reach out to the liaison from District B to aid in the transition of services for this student. The family should be enrolled in the new district as soon as possible so there is no gap in support or scheduling for the student.  In addition, the new district will need to conduct a CSE meeting to ensure they are familiar with this student's needs, that the needs are met, and that the IEP is updated within 60 days of enrollment.

Collaboration with various team members, including the Directors of Special Education and McKinney-Vento Liaisons is highly encouraged in these unique circumstances.

Resources

Billing for the Remainder of the School Year after a Student Becomes Permanently Housed 

Tales from the Field: When Students Obtain Permanent Housing

Recorded Webinar: Meeting the Needs of Students with Disabilities Living in Temporary Housing