Tale from the Field: School Selection Rights and a Brief Overnight Stay

Determining School Selection When a Family Moves Between Districts

One of the most frequent reasons liaisons call the NYS-TEACHS helpline is to sort out school selection rights when a family in temporary housing has moved more than once. The McKinney-Vento Act gives students the right to attend either their school of origin or the local school where they are currently living. But when a family experiences multiple moves in a short time span, liaisons want to be sure they are applying those rights correctly, especially when a stay in one district lasts only a few nights without a completed enrollment. Getting this right protects the student’s stability and shields the district from an avoidable dispute.

The Tale

A liaison called the helpline about a student whose family had recently lost permanent housing in District A. The family first stayed three nights in a neighboring district, District B, where the child was never enrolled in school. They then moved again and are now doubled-up in a third district, District C. The liaison knew the student’s district of origin was established (i.e., the district the family’s students attended when last permanently housed), but she wasn’t sure whether the three-night stay had created a right for the family to select a school in that second district (District B). She wanted to make the right call before speaking with the family.

Questions to Consider:

1.   What is the district of origin in this situation, and does the second district affect it?

2. Did the three-night stay create a right for the family to attend school in that second district (District B)?

3.   What are the school selection rights for this family?

4. What is in the child’s best interest?

Answers:

1. What is the district of origin in this situation, and does the second district affect it?

The school district of origin (see full definition below) is still the district where the student was last permanently housed (District A). The brief stay in the second district (District B) does not change the district of origin.  Because the child was never enrolled in the second district and the family no longer lives there, the second district is not included in the family’s school selection rights.

School District of Origin -  The term "school district of origin" shall mean the school district within the state of New York in which the homeless child was attending a public school or preschool on a tuition-free basis or was entitled to attend when circumstances arose which caused such child to become homeless, which is different from the school district of current location. School district of origin shall also mean the school district in the state of New York in which the child was residing when circumstances arose which caused such child to become homeless if such child was eligible to apply, register, or enroll in public preschool or kindergarten at the time such child became homeless, or the homeless child has a sibling who attends a school in the school district in which the child was residing when circumstances arose which caused such child to become homeless.

2. Did the three-night stay create a right for the family to attend school in that second district (District B)?

No. The right to attend the local school where a student is temporarily housed is a present-tense right. It exists only while the student is actually living in that district. While the family was staying in the second district (District B), the child did have the right to enroll immediately in that district’s local school. But that was a right to enroll while present, living temporarily in that district (District B) at that time. Once the family moved without a completed enrollment, that district was no longer the district of current location.

3. What are the school selection rights for this family?

For School Selection Rights (see full definition below), the family selects between the district of origin (District A) and the district where they are now doubled-up (District C), whichever is in the student’s best interest. The second district (District B) is not one of the choices. When documenting this determination, rest it on the right basis: the second district was a temporary location, no enrollment occurred there, and the family no longer resides there.

School Selection Rights - 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). The definition of a school of origin includes preschools, charter schools, and feeder schools. N.Y. Education Law § 3209(1)(c) and (f). They can choose: The school attended when they were last permanently housed (District A). The school last attended, even if the student was temporarily housed during that time (District A). Or, the local school where the student is currently temporarily housed (District C).

4. What is in the child’s best interest?

Once a student’s parent or person in parental relation has designated a district for the child to attend (based on school selection rights) the local educational agency (LEA) shall determine whether this choice of school is consistent with the best interests of the homeless child or youth, considering student-centered factors, including but not limited to the impact of mobility on achievement, education, the health and safety of the homeless child, and giving priority to the preference of the parent or person in parental relation. N.Y. Education Law § 3209(4)(iii).).

Eligibility and school selection questions are reviewed on a case-by-case basis. For support with unique situations, call the NYS-TEACHS Helpline at 800-388-2014.

Resources:

•    McKinney-Vento Act, school selection and school of origin provisions: 42 U.S.C. § 11432(g)(3)

•    N.Y. Education Law § 3209

•    NYS-TEACHS website

•    National Center for Homeless Education (NCHE) website

•    SchoolHouse Connection website

This Tale reflects 42 U.S.C. § 11432(g)(3) and N.Y. Education Law § 3209. It is general guidance, not legal advice.