Tale from the Field: Residency Status versus Temporary Housing Determinations
- NYSTEACHs.org
- 12 hours ago
- 4 min read
Sometimes we get a helpline call when a district has issued a residency decision and disenrolled a student whose family is actually in temporary housing. What can be done to avoid this mistake and/or to fix it once it has been made?
The Tale
A child reported at school that her family had moved. The district then opened a residency investigation and concluded that the family had relocated outside the district. Central Registration sent a residency determination letter. The parent then contacted the McKinney-Vento Liaison and told her that the family was doubled up, not in permanent housing.
Questions to consider
What can a district do to look into a family’s housing situation if they are not sure if they are in temporary or permanent housing?
What is the difference between a residency decision letter and a McKinney-Vento decision letter?
What should a McKinney-Vento Liaison or other district staff do when they realize that a family that they thought was permanently housed elsewhere was actually in temporary housing?
Answers
What can a district do to look into a family’s housing situation if they are not sure if they are in temporary or permanent housing?
A key question is to determine whether there was a loss of housing due to economic hardship, eviction or similar reason and whether the current housing situation is fixed, regular and adequate.
The first step is to provide the family with a Housing Questionnaire to allow them to identify whether their housing situation may qualify for McKinney-Vento designation. In addition, the Confirming Eligibility Brief can help make the correct determination.
An LEA may certainly investigate a claim of homelessness; however, it must immediately enroll the student or continue enrollment while such an investigation takes place. If a family or student and their school district disagree about the student's McKinney-Vento eligibility for enrollment, school selection options, or transportation; the school district may challenge the student's eligibility through the Dispute Resolution 310 process.
In cases where the LEA disputes the claim of homelessness, the LEA must continue enrollment for the duration of the dispute resolution process. Using invasive or threatening techniques to confirm a student’s eligibility can humiliate families and youth and may place an already tenuous temporary living arrangement in jeopardy. This may further destabilize the family’s or youth’s situation, creating a barrier to the student’s enrollment in violation of McKinney-Vento, New York State Education Law, and Commissioner’s Regulations.
This prior Tale from the Field: How to Conduct an Investigation (February 2024) provides an overview of the investigation process. If, after conducting an investigation, the district determines that the family is permanently housed, it may proceed with the 310 dispute.
The school district must:
Provide written notice to the student or family about the reasons for their disagreement: Sample District Decision Letter;
Provide complete information in writing about the right to appeal to the family or youth;
Put the family or youth in touch with the McKinney-Vento Liaison for assistance; and
Provide immediate enrollment and transportation while the appeal is pending and until all available appeals are final.
LEA Requirements for Implementing McKinney-Vento Homeless Student Dispute Resolution Process (July 2024) helps LEAs and McKinney-Vento Liaisons in navigating the appeal process and ensuring compliance with timelines for submission of the required forms.
What is the difference between a residency decision letter and a McKinney-Vento decision letter?
A residency decision indicates that a student does not legally live within a district’s geographical boundaries. A McKinney-Vento decision indicates that the student is not determined to be in temporary housing and the family has the right to appeal the district’s decision.
Residency can be established through one’s physical presence as an inhabitant of the school district and intent to reside in the district. For the purposes of Education Law §3202(1), a person can only have one legal residence, and a child’s residence is presumed to be that of his/her parents and/or legal guardians.
If the school district has denied a residency claim, it must provide written notice of the denial, including the basis for the determination. Such notice would also include a statement that the determination is appealable to the Commissioner within 30 days, pursuant to section 310 of the NYS Education Law. Information regarding the appeals process explains the statutory mechanism in which the commissioner can officially review a decision made by a local school district. If a district submits an appeal, the commissioner can temporarily undo the school district's action until the case is decided- this is called a "stay.” Note that stays do not need to be requested for McKinney-Vento appeals.
What should a McKinney-Vento Liaison or other district staff do when they realize that a family that they thought was permanently housed elsewhere was actually in temporary housing?
If a residency letter has been issued and a family, parent, guardian, or an unaccompanied youth asserts McKinney-Vento status; the residency determination is void/pulled back and the district then begins a McKinney-Vento Dispute process, if the district believes that the student is not in temporary housing. The district should conduct an investigation as a first step (see answer to Question 2), before issuing the decision.
A key difference in the McKinney-Vento appeal process is that the McKinney-Vento Liaison assists the family to complete the appeal using this 310 appeal fillable form. A hard copy of the 310 Form Notice of Petition/Appeal Form should be included with the McKinney-Vento decision letter.
With a strong understanding of both residency and McKinney-Vento status coupled with open communication with families, districts are well-positioned to avoid unintentionally disenrolling a student who is actually in temporary housing.
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