Tale from the Field: McKinney-Vento and UHY School Selection
- NYSTEACHs.org
- 5 minutes ago
- 5 min read
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 of four, a mom and three children, lost their housing in District A after being evicted in July 2025. Mom and two of the children (Pre-K and 2nd grade) moved to double up with a family member in District B while the third child (7th grade) began living with her aunt in District A in order to remain enrolled in her District of Origin. Due to limited room with the family, the 7th grader went to live with the aunt, remaining in District A.
District B, unaware of the 7th grader, enrolled the Pre-K and 2nd grade students under McKinney-Vento in July 2025 when mom shared that they were doubled up in the district. The children have been attending school regularly.
District A recently contacted District B regarding the 7th grade student and indicated that she should be living with her mom and enrolled in District B rather than in District A.
Oftentimes, families are unaware that a homeless causing event (eviction, financial hardship, or similar event) provides School of Origin rights and allows them to maintain enrollment and receive transportation. When this is the case, family and community education is important in helping individuals navigating housing loss and temporary housing.
Questions to Consider:
Do all three of the children qualify for McKinney-Vento, despite currently living in different districts?
Does the fact that mom is still involved in the 7th-graders life and the student could live with her mean that she is not an Unaccompanied Homeless Youth or McKinney-Vento?
Which districts is the 7th grader eligible to attend?
What is in the student’s best interest?
Answers:
McKinney-Vento eligibility is based primarily on two things: A qualified initial loss of housing and the following experience of temporary housing. In this situation, all three children experienced a loss of housing (eviction) followed by temporary housing. While the oldest child has a different temporary housing location than the younger two, all three children meet the definition for McKinney-Vento eligibility.
In circumstances where families may not remain in the district of origin, it’s important to look at what the law considers “Best Interest” for each individual child. Families and school districts may determine that what is best for one child is not the best for the other children, even if they are in the same family unit. For this reason, under the McKinney-Vento Act, a homeless child or youth has the right to choose between their school district of location (i.e, the school where their temporary living arrangement is located) and their school of origin. 42 U.S.C. § 11432(g)(3)(A); N.Y. Education Law § 3209(2)(a).
An unaccompanied homeless youth is a student who is not in the physical custody of their parent or legal guardian; this includes young people who have run away from home, have been kicked out of their homes, or have been abandoned by their parents. There is no age limit for unaccompanied youth, but these students are most often in their teens. Unaccompanied youth are protected under the McKinney-Vento Act when the student also does not have a fixed, adequate, and regular nighttime residence. 42 U.S.C. § 11434a(2). Sometimes, circumstances warrant other adults to care for, or house, the student, even if parents are still otherwise involved.
The McKinney-Vento Act neither authorizes nor requires school districts to make judgments about the validity of why a student is not living with a parent or legal guardian. The determination of MV eligibility is based solely on the definition of an unaccompanied homeless youth.
In this situation, the 7th grade student residing with her aunt meets the definition of an Unaccompanied Homeless Youth and, therefore, McKinney-Vento, even if the mom is still otherwise involved in aspects of her life.
A homeless child or youth has the right to choose between their school district of location (the i.e, the school where their temporary living arrangement is located) and their school of origin. 42 U.S.C. § 11432(g)(3)(A); N.Y. Education Law § 3209(2)(a). They can choose:
The school attended when they were last permanently housed, or
The school last attended, even if the student was temporarily housed during that time, or
The local school where the student is currently temporarily housed.
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).
In this situation, the 7th grader is currently only eligible to attend her district of origin (District A) as she continues to live there with her aunt. However, if she moves in with her mother and siblings in District B, she’d also be entitled to attend District B (the district of current location). The decision then becomes “what is in the best interest of the student?”
When making decisions about school selection, an LEA must presume that keeping the homeless child or youth in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or in the case of an unaccompanied youth, the youth. (Section 722(g)(3)(B)(i)).
An LEA must also consider student-centered factors, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youths, giving priority to the request of the child's or youth's parent or guardian or (in the case of an unaccompanied youth) the youth. (Section 722(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.
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