Appeals to the Commissioner Involving Homeless Children and Youth
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NOTE: As of October 1, 2016, the McKinney-Vento Homeless Assistance Act was amended by the Every Student Succeeds Act of 2015 (ESSA).
Pursuant to the amendments made to the McKinney-Vento Homeless Assistance Act, parents, guardians and youth are no longer required to request a temporary stay in McKinney-Vento related appeals to the Commissioner and school districts must immediately enroll and transport such homeless student, or continue enrollment and transportation in the school and district where the parent, guardian, or youth is seeking enrollment until all available appeals are final (42 U.S.C. §11432(g)(3)(E)(i); 42 U.S.C. §11432(g)(4)(A)).
For more information, please see:
U.S. Department of Education, Education for Homeless Children and Youths Program Non-Regulatory Guidance: http://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf
NYSED Field Memo (September 29, 2016):
Section 100.2(x) of the Commissioner’s regulations addresses, rights and responsibilities concerning the education of homeless children. With respect to appeals to the Commissioner, §100.2(x)(7)(iii) requires each school district to designate a local educational agency liaison for homeless children and youth who, among other things, will assist in commencing an appeal to the Commissioner of a final determination regarding enrollment, school selection and/or transportation.
Specifically, the liaison must …
(1) provide the form petition
(2) assist in completing the form petition
(3) arrange for copying the form petition and supporting documents without cost
(4) accept service of the form petition and supporting papers on behalf of any school district employee or officer or the school district or arrange for service by mail and provide a signed and dated acknowledgment thereof
(5) transmit the form petition or any pleading or paper to the State Education Department's Office of Counsel and provide a signed and dated acknowledgement thereof
(6) accept service of any subsequent pleadings, papers or correspondence related to the appeal, if requested, and make them available to the parent, guardian or unaccompanied youth
Also, please note that certain sections of Parts 275 and 276 of the Commissioner’s regulations contain special provisions for filing an appeal involving homeless children or youth.