Tale from the Field: McKinney-Vento and MV Rights with 50/50 Custody and Recent Permanent Housing

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 6th grade student lives between both of his parent’s homes as they have 50/50 split custody.  The student’s dad lives permanently in the district of origin while his mom previously experienced a loss of housing and was doubled up in a neighboring district. The student was designated McKinney-Vento and the school district provided transportation to/from school from both his mom and dad’s house.

His mom gained permanent housing in the neighboring district on June 10, 2025.  She also requested continued McKinney-Vento transportation to/from her new home for the upcoming school year. 

Does this student continue to be McKinney-Vento eligible and receive transportation from his Mom’s new home for the 2025-2026 school year?

Questions to Consider:

1. Is Mom’s new housing fixed, regular, and adequate?

2. What was the date that Mom moved into her permanent housing and why does it matter?

3. Is the student entering a terminal grade?

4. If not the school district, who is responsible for the transportation?

Answers:

1. The law considers students who lack a nighttime residence that is fixed, regular, and adequate to be homeless. [42 U.S.C. §11434a(2)(A); Education Law § 3209(1)]. Education Law § 3209(1)(a)(iv)]. The definition of homeless is “lacking a fixed, regular and adequate nighttime residence.” That means regardless of any other factors, if a residence is lacking in any ONE of those three conditions, the student is homeless. 

   1. To confirm whether the mom has gained permanent housing, a district liaison should ensure that the new housing is fixed, regular, and adequate by the following definitions:

      • A “fixed residence” is one that is stationary, permanent, and not subject to change. For example: a tent is not "fixed," but a house or an apartment are usually fixed to the ground. 

      • A “regular residence” is a place that a student can return to consistently and count on, night after night. Example: If the family has a lease or they own their own home, the housing is usually "regular," but if the students are staying in someone else's home with the host's permission, the housing may not be regular. 

      • An “adequate residence” is one that is sufficient for meeting both the physical and psychological needs that are typically met in home environments. For example: A home without heat, running water, or with an infestation may not be "adequate."  

It is important to determine whether or not the new housing meets the definition for “permanent housing” based on the law.  In this case, Mom’s new housing is a two-bedroom apartment with a 12-month lease, and would be considered permanent.

2. In this scenario, the mother gained permanent housing on June 10, 2025 and the current school year ends on June 30, 2025. The McKinney-Vento benefits and transportation remained in effect until the end of the school year in which she gained permanent housing, the 2024-2025 school year.

Education Law §2(15) states, “The term ‘school year’ means the period commencing on the first day of July in each year and ending on the thirtieth day of June next following.” Essentially, a school year is considered to be July 1 through June 30 each year.  Since she gained permanent housing prior to the end of the school year, the MV rights end when the school year does. 

However, if a parent gains permanent housing after July 1,  the student would remain eligible for the following school year.

3. In addition to being able to finish the school year with McKinney-Vento benefits once permanently housed, students who are about to enter a terminal grade have a 1-year extension on MV rights.  While terminal grades can vary between districts, it is important to understand which grades are considered “terminal” in your district.

Notwithstanding any other provision of law to the contrary, where the public school district in which a homeless child is temporarily housed is the school district of origin, the homeless child shall be entitled to attend the schools of such district without the payment of tuition for the duration of the homelessness and until the end of the school year in which such child becomes permanently housed and for one additional year if that year constitutes the child's terminal year in such building. Education Law 3209 (2)(c)(1).

In this district, 6th grade is not a terminal year. Therefore, this student is not eligible for this provision.

4. With a shared 50/50 custody agreement the student is attending one school district. The school district will transport the student from in district housing with Dad while Mom is responsible for transporting the student on days when the student comes from out of district. 

   
   

Since Dad lives in the district, transportation to/from his house to the school will be provided.  However, Mom's housing is now permanent heading into the new school year.  The school is not obligated to provide transportation to/from mom's permanent out of district residence as the MV rights ended on June 31, 2025.  If the student spends some nights at mom’s house, she can transport him to his father’s home the next morning(s) and he can get his usual transportation to school from there.  Ultimately, since Mom is now permanently housed out of district, the responsibility for transportation falls on the parents to determine.

Resources

Tales from the Field: When Students Obtain Permanent Housing

Tales from the Field: School Selection and Permanent Residency