Appeals to the Commissioner Involving Homeless Children and Youth
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.
Forms for Filing an Appeal Involving Homeless Children and Youth ONLY
(Return to Appeals to the Commissioner for general information applicable to all appeals.)