Definitions of terms related to homelessness are set forth below to assist personnel, students, and other interested parties in identifying homeless children as well as meeting their unique needs.

Feeder School includes a preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool, where the specified school or schools exist; a school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, intermediate or high schools upon completion of the terminal grade of the school; or a school that sends its students to a receiving school in a neighboring school district in accordance with Education Law Section 2040.

Preschool means a publicly-funded education program provided to preschool children that is either administered by the State Education Department or a local educational agency (LEA), including a pre-kindergarten program or a Head Start program administered by an LEA.

School district of origin means the school district within New York State in which the homeless child was attending a public school on a tuition-free  basis or was entitled to attend when circumstances arose which caused the child to become homeless,  which is different from the school district of current location. This term includes preschool and feeder schools.

School district of current location means the public school district within New York State in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential pr   ram  for runaway and homeless youth, is located, which is different from the school district of origin.

Regional placement plan means a comprehensive  regional approach to the provision of educational placements for homeless children which has been approved by the Commissioner of Education.

Unaccompanied youth means a homeless child for whom no parent or person in parental relation is available.

Local educational agency liaison is the staff person designated by the District, who may also be a coordinator  for other federal  programs,  as the person responsible for carrying  out the duties assigned to the liaison in accordance with the McKinney-Vento Act as well as state law and 

regulations, and applicable guidance issued by the U.S. and New York State Education Departments.

Choice of District

The designator shall have the right to designate one of the following as the school district within which a homeless child shall be entitled to attend:

1)     The school district of current location;

2)      The school district of origin; or

3)     A school district participating in a regional placement plan.

Depending on which designated category is applicable to the School District, attendance areas/school building,duration of attendance, and transportation requirements shall be in accordance with law and/or regulation.

While the parent, guardian, and youth, in the case of an unaccompanied youth, designates a school district of attendance, the designated school district must then determine whether the designation made by the parent, guardian, or youth about where the child will attend school is consistent with the best interest of the child by:

A designation form provided by the Commissioner of Education and made available by the 

A designation form provided by the Commissioner of Education and made available by the District, must be completed by the appropriate designator. Upon receipt of a designation form, the School District (if Presuming that keeping the child or youth in the school of origin is in the child or youth’s best interest, except when doing so is contrary to the request of the child’s parent or guardian, or youth; and

1. Considering student-centered factors such as impact of mobility on achievement, education, and the health and safety of the child or youth.  The District may also consider the school placement of siblings in making this determination.  

If the school district determines the designation is not in the best interest of the child or youth, it will provide a written explanation of the reasons for its determination in a manner and form understandable to the parent, guardian, or unaccompanied youth, and information as to their right to appeal the decision.  Despite the school district’s determination, the child or youth will 

nevertheless be immediately enrolled in the school in which enrollment is sought during the pendency of any available appeals.  

Designation Form

(Designated the district of attendance) shall immediately:

1)     Review the designation form to assure that it has been completed;

2)     Admit the homeless child even if the child or youth is unable to produce records normally required for enrollment such as previous academic records, medical records, proof of residency, or other documentation;

3)     Provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students;

4)     Immediately contact the school district where the child's records are located for a copy of such records and coordinate the transmittal of records for students with disabilities;

5)     If the child or youth needs to obtain immunizations or immunization or medical records, the school admitting such child or youth shall immediately refer the parent or guardian of the homeless child or youth to the District liaison for homeless children and youth who shall assist in obtaining necessary immunizations or immunization or medical records.

 The designation form shall be forwarded to the Commissioner of Education and, where applicable, the school district of origin. The District will also provide a copy of the completed designation form to the designator and keep a copy of the form for the District's records.

Within five days of receipt of a request for school records from a new school, the district will forward a complete copy of the homeless child's records including, but not limited to, proof of age, academic records, evaluations, immunization or medical records, and guardianship papers, if applicable.

 The District will:

1)     Ensure that homeless children and youth are not segregated in a separate school, or in a separate program within the school, based on their status as homeless;

2)     To the extent feasible and consistent with the applicable requirements in Commissioner's Regulations, keep a homeless child or youth in the school of origin except when doing so is contrary to the wishes of the child or youth's parent or guardian; and

3)     Provide to a student with a disability (as defined in Section 200.1(zz) of Commissioner's Regulations) who transfers school districts within the same academic year a free appropriate public education including services comparable to  those described in  the previous individualized education program (IEP).

To facilitate immediate enrollment, the District may consider, the following practices:

1)    Training all school enrollment staff such as secretaries, guidance counselors, school social workers, and Principals on the requirements regarding immediate enrollment;

2)     Reviewing all District policies and regulations to ensure that they comply with federal and state requirements pertaining to the education of homeless children and youth;

3)     Collaborating with community-based or public agencies to provide uniformity within and among neighboring districts;

In accordance with the McKinney-Vento Act, if a dispute arises over eligibility, school selection, or enrollment in a school:

1)     The homeless child or unaccompanied youth will be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute; including all available appeals;

2)     The parent or guardian of the child or unaccompanied youth will be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or unaccompanied youth to appeal the decision;

 3)     The child, unaccompanied youth, parent, or guardian shall be referred to the District liaison who shall carry out the dispute resolution process as expeditiously as possible after receiving notice of the dispute; and

4)     In the case of an unaccompanied youth, the District liaison shall ensure that the youth is immediately enrolled in the school pending resolution of the dispute.

Duties of the District Liaison for Homeless Children and Youth

The District liaison's responsibilities include, but are not limited to, ensuring that:

1)     Homeless children and youths, including preschoolers, are identified by school personnel and through coordination activities with other entities and agencies;

2)  Young children experiencing homelessness are connected to additional early care and education programs such as Head Start or Early Intervention;

(4)      Contacting the previous school for records and assistance with placement decisions;

and

5)     Expeditiously following up on any special education referrals or services and language assistance services.

Dispute Resolution

3) Homeless children and youths enroll in, and have full and equal opportunity to succeed in schools in the District including the opportunity to receive appropriate full or partial credit for coursework completed while attending a prior school;

4)     Homeless families, children, and youths receive educational services for which they are eligible, including Head Start and Even Start programs and preschool programs administered by the District; and referrals to housing services, substance abuse services,health care services, dental services, mental health services, and other appropriate services;

 5)     The parents or guardian of homeless children and unaccompanied youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

6)    School personnel receive professional development and other support/training;

7)     Public notice of the educational rights of homeless children and youths is disseminated in a manner and form that is understandable, where those children and youths receive services pursuant to the McKinney-Vento Act, such as in schools, family shelters, and soup kitchens;

8)     Enrollment disputes are mediated in accordance with the requirements of the McKinney Vento Act,as well as other applicable laws and regulations;

9)     The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully  informed  of  all  transportation  services,  including  transportation  to  the  school  of origin, pursuant to law and/or regulation; and is assisted in accessing transportation to the school that is selected;

In the case of an unaccompanied youth:

1)    Ensuring that assistance is provided in placement or enrollment decisions including coordination with the Committee on Special Education. The views of the unaccompanied youth will be considered and he/she will be provided notice of the right to appeal pursuant to law and regulation.

2)    Ensuring that these youths are enrolled in school and are informed of their independent status and receive verification of this status for the Free Application for Federal Student Aid (FAFSA).

The District will inform school personnel, service providers and advocates working with homeless families of the duties of the District liaison.

Coordination

The District will coordinate:

1)    The provision of services as enumerated in the McKinney-Vento Homeless Education Assistance  Act  with  local  social  services  agencies  and  other  agencies  or  programs providing services to homeless children and youths and their families,

2)     With  other school  districts  on  interdistrict  issues,  such as transportation or transfer of school records; and 

3)       Implementation with the requirements of the Individuals with Disabilities Education Act (IDEA).