The parent/person in parental relation to a homeless child; or the homeless child, together with the homeless liaison designated by the School District in the case of an unaccompanied youth; or the director of a residential program for runaway and homeless youth establish pursuant to Article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program, may designate either the school district of current location, the school district of origin, or a school district participating in a regional placement plan as the district the homeless child shall attend.
Pursuant to Commissioner’s Regulations, a “homeless child” means a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child who is:
a) Sharing the housing of other persons due to a loss of housing, economic hardship, or a similar reason;
b) Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
c) Abandoned in hospitals;
d) Awaiting foster care placement; or
e) A migratory child who qualifies as homeless in accordance with Commissioner’s Regulations. As defined in the No Child Left Behind Act of 2001, the term “migratory child” includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies such parent or spouse in order to obtain, temporary or seasonal employment in agricultural or fishing work.
f) A child or youth who has a primary nighttime location that is:
1. A supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth established pursuant to Article 19-H of the Executive Law; or
2. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station or similar setting.
The term “homeless child” shall not include a child in foster care or receiving educational services pursuant to Education Law Section 3202(4),(5),(6),(6a) or (7) or pursuant to Article 81, 85, 87, or 88. For example, a child in a family home at board, a school for the mentally retarded, a hospital or other institution for the care, custody and treatment of children; youths under the direction of the Division for Youth incarcerated in county correctional facilities or youth shelters; or children residing in child care institutions or schools for the deaf or blind would not be considered “homeless.”
Enrollment, Retention and Participation in the Educational Program
Enrollment of homeless children shall not be delayed and their ability to continue or participate in the educational program shall not be restricted due to issues such as:
a) Transportation
b) Immunization requirements;
c) Residency requirements;
d) Birth certificates, medical records, IEPs, school records and other documentation;
e) Guardianship issues;
f) Comprehensive assessment and advocacy referral processes:
g) Resolution of disputes regarding school selection;
h) Proof of social security numbers;
i) Attendance requirements;
j) Sports participation rules;
k) Inability to pay fees associated with extracurricular activities such as club dues and sports uniforms; or
l) Other enrollment issues.
Educational Programs and Services
The School District shall provide homeless children and youth with access to all of its programs, activities and services to the same extent that they are provided to resident students.
Homeless children and youth shall be educated as part of the school’s regular academic program. Services must be provided to homeless children and youth through programs and mechanisms that integrate homeless children and youth with their non-homeless counterparts, including programs for special education, vocational and technical education, gifted and talented students, before and after school, English language learners/limited English proficiency, Head Start, Even Start, and school nutrition.. Services provided with McKinney-Vento funds must expand upon or improve services provided as part of the regular school program. Consequently, the School District shall 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; and to the extent feasible consistent with the requirements of 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’s or youth’s parent or guardian. Further, the School District shall review and revise policies and practices, including transportation guidelines that may act as barriers to the enrollment, attendance, school success, and retention of homeless children and youth in the School District.
All homeless children and youth are automatically eligible for Title 1 Part A services whether or not they meet the academic standards or live in a Title 1 school attendance area. Homeless students may receive Title 1 educational or support services from school-wide and targeted-assistance programs.
School of Origin
The McKinney-Vento Act defines school of origin as “the school that the child or youth attend when permanently housed or the school in which the child or youth last enrolled.”
THE DESIGNATOR HAS RIGHT TO CHOOSE THE SCHOOL DISTRICT THE HOMELESS CHILD OR YOUTH WILL ATTEND
This LEA understands that the “designator” decides which school district a homeless child or youth will attend. A designator is:
- The parent or person in parental relation (guardian) a homeless child; or
- The homeless child, together with the homeless liaison designated by the school district if no parent or guardian is available (unaccompanied youth); or
- The director of a residential program for runaway and homeless youth, in consulation with the homeless child, where such homeless child is living in such program.
The designator has th erigh tto designate one of the following as the school district within which a homeless child shall be entitled to attend upon instruction:
- School district of current location – the public school district within the state of New York in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth is located;
- School district of origin – the public school district within the state of New York 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 such child to become homeless. If the school district of origin in designated, the homeless child is entitled to return to the school building where previously enrolled.
- School district participating in a regional placement plan – a regional placement plan is a comprehensive regional approach to the provision of education placements for homeless children, which must be approved by the Commissioner of Education. It currently exists only in Westchester County.
Please note: students who have designated the district of current location and move to another temporary housing location outside of such district or to a different attendance zone may continue the prior designation to enable the student to remain in the same school building.
DESIGNATION/STAC 202 FORM
This LEA understands that for every homeless student that claims homelessness, designation must be made on STAC 202 forms available at www.oms.nysed.gov/stac/
- The appropriate designator must complete the designation form. All school districts, temporary housing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth must make designation forms available to a homeless child who seeks admission to school or to the parent or person in parental relation who seeks to enroll such child in school.
- Where the homeless child is located in a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the social services district, must, within two business days of entry into such facilities, assist the designator to ensure that the form is properly completed and assist the child, where necessary, to enroll in the designated school district.
- Where a parent or person in parental relation to a child who is neither placed in a temporary housing facility by the local department of social services nor housed in a residential program for runaway homeless youth designated the school district of current location, the school district must forward to the department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the schools of the district.
LEA'S DUTIES UPON RECEIPT OF THE DESIGNATION/STAC 202 FORM - Upon receipt of a STAC 202 form, the designated school district must immediately review the designation form to assure that it has been completed and 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;
- Provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students;
- Immediately contact the school district where the child’s records are located in order to obtain a copy of such records;
- If the child or youth needs to obtain immunizations or immunization or medical records, the school admitting such child or youth must immediately refer the parent or guardian of the homeless child or youth to the homeless liaison who must assist in obtaining necessary immunizations or immunization or medical records;
- Forward the STAC 202 form to the Commissioner, and the school district of origin, where applicable. In all cases, the district must give a copy of the completed STAC 202 to the designator and keep a copy of the STAC 202 form for the LEA’s records.
TUITION REIMBURSEMENT - Where either the school district of current location or a school district participating in a regional placement plan is designated as the school district in which the homeless child will attend and such homeless child’s school district of origin is within New York State, the school district providing instruction will be eligible for reimbursement by the Department for the direct cost of educational services, not otherwise reimbursed under special federal programs, calculated pursuant to regulations of the Commissioner for the period of time for which such services are provided. The claim for reimbursement must be on the STAC 202 form prescribed by the Commissioner.
TRANSPORTATION RESPONSIBILITIES - A social services district is responsible for providing transportation to homeless children who are eligible for benefits under Social Services Law §350-j and placed in temporary housing arrangements outside their designated districts.
- Office of Children and Family Services ("OCFS") must provide transportation for each homeless child who lives in a residential program for runaway youth and homeless youth located outside of the designated school district.
- The social services district or OCFS may contract with a school district or board of cooperative educational services ("BOCES") to provide such transportation.
- Any homeless child not entitled to receive transportation from the Department of Social Services or OCFS must be transported by the designated school district.
- When the school district of the current location is designated as the school district the homeless child will attend, that school district must provide transportation to the homeless child on the same basis as it is provided to resident students.
- If the homeless child attends the school district of origin or a school district participating in a regional placement plan, then that school district must provide transportation to and from the homeless child’s temporary housing and school.
- Homeless children are entitled to transportation even if a school district does not provide transportation to non-homeless students and during any disputes regarding school selection and enrollment.
- A designated school district that must provide transportation to a homeless child may not provide transportation in excess of 50 miles one way, unless the Commissioner determines that it is in the best interest of the child.
TRANSPORTATION EXPENSES - A school district may receive State aid to offset expenditures incurred by the school district for the transportation of homeless children under certain circumstances
- OCFS must provide transportation for each homeless child who lives in a residential program for runaway youth and homeless youth located outside of the designated school. The costs for transportation will be reimbursed by the Department with the submission of a Runaway and Homeless Youth Act Transportation Program Form, which is available from the Homeless Education Program Office (518-473-0295).
DUTIES OF THE MANDATED LOCAL LIAISON FOR HOMELESS CHILDREN AND YOUTH Every LEA, regardless of whether it receives a McKinney-Vento subgrant, is required to designate a local liaison for homeless children and youth ("homeless liaison"). The homeless liaison at this LEA serves as one of the primary contacts between homeless families and school staff, district personnel, shelter workers, and other service providers. The homeless liaison coordinates services to ensure that homeless children and youth enroll in school and have the opportunity to succeed academically.
- This LEA understands that its homeless liaison must ensure that:
- Homeless children and youth are identified by school personnel and through coordination activities with other entities and agencies;
- Homeless students enroll in, and have full and equal opportunity to succeed in, the schools of the LEA;
- Homeless children and youth and their families receive educational services for which they are eligible, including Head Start, Even Start, and preschool programs administered by the LEA, and referrals to health, mental health, dental, and other appropriate services;
- Parents or guardians of homeless children and youth are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;
- Parents and guardians and unaccompanied youth are fully informed of all transportation services, including transportation to and from the school of origin, and are assisted in accessing transportation services;
- Enrollment disputes are mediated in accordance with the requirements of McKinney-Vento; and
- Public notice of the educational rights of homeless students is disseminated to locations where they receive services under McKinney-Vento ;
- A record is maintained of all appeals of enrollment, school selection and transportation; and
- School personnel, service providers and advocates working with homeless families are informed of the duties of the homeless liaison.
Training
The District will train all school enrollment staff, secretaries, school counselors, school social workers, and principals on the legal requirements for enrollment. School nutrition staff, school nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.
Outreach
The District shall make every effort to inform the parents or guardians of homeless children and youth of the education, transportation and related opportunities available to their children including transportation to the school of origin. The parent(s)/guardians(s) will be assisted in accessing transportation to the school they select, and will be provided with meaningful opportunities to participate in the education of their children. Public notice of educational rights of homeless children and youth will be disseminated by the district in places where families and youths are likely to be present (e.g. schools, shelters, soup kitchens), and in comprehensible formats (e.g., geared for low literacy or other community needs).
Dispute Resolution Process The District shall established the following procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth:
- Provide a written explanation, including a statement regarding the right to appeal to the homeless child’s or youth’s parent or guardian. if the School District declines to either enroll and/or transport such child or youth to the school of origin or aschool requested by the parent or guardian.
- Delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the homeless child or youth or unaccompanied youth to the school of origin or a school requested by the parent or guardian of a homeless child or youth or unaccompanied youth; if the parent or guardian of a homeless child or youth or unaccompanied youth commences an appeal to the Commissioner with a stay application within 30 days of such final determination.
- The homeless child or youth will be permitted to continue to attend the school he or she is enrolled in at the time of the appeal until the Commissioner renders a decision on the stay application.
- If the Commissioner grants the stay request and issues a stay order, the homeless child or youth or unaccompanied youth can continue attending the school until the Commissioner issues an appeal decision. However, if the Commissioner denies the stay request, the homeless child or youth or unaccompanied youth can be asked to leave the school immediately.
- If the Commissioner sustains the appeal, the homeless child or youth or unaccompanied youth can continue attending the school at issue. However, if the Commissioner dismisses the appeal, the homeless child or youth or unaccompanied youth can be asked to leave the school immediately
HOMELESS LIAISON'S DISPUTE RESOLUTION RESPONSIBILITIES - The homeless liaison must assist the homeless child’s or youth’s parent or guardian or unaccompanied youth in bringing an appeal to the Commissioner under Education Law §310 of a final school district decision regarding enrollment, school selection and/or transportation.
- The homeless liaison must provide the parent or guardian or unaccompanied youth with a copy of the form petition, which is available at: http://www.counsel.nysed.gov/appeals/petition.htm.
- The homeless liaison must assist the parent or guardian or unaccompanied youth in completing the form petition, including the section requesting interim relief (stay provision).
- The homeless liaison must arrange for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth.
- The homeless liaison must accept service of the form petition and supporting papers on behalf of any school district employee or officer named as a party or the school district if it is named as a party or arrange for service by mail by mailing the form petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of the superintendent who has been designated by the board of education to accept service on behalf of the school district.
- The homeless liaison must provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that the homeless liaison has received the form petition and supporting documents and will either accept service of these documents on behalf of the school district employee or officer or school district or effect service by mail by mailing the form petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of the superintendent who has been designated by the board of education to accept service on behalf of the school district.
- The homeless liaison must transmit on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234.
- The homeless liaison must provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that the homeless liaison has received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234.
- The homeless liaison must accept service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects related to the appeal on behalf of the parent or guardian or unaccompanied youth and making such correspondence available to the parent or guardian or unaccompanied youth.
ADDITIONAL HOMELESS LIAISON RESPONSIBILITIES The homeless liaison must maintain a record of all appeals of enrollment, school selection and transportation determinations. The homeless liaison must also keep a record of all homeless students, their grade level, and their nighttime residence for the year and report this data annually to NYSED.
The homeless liaison must inform school personnel, service providers and advocates working with homeless families of the duties of the homeless liaison.
COORDINATION - Each school district must coordinate the provision of services provided with local social services agencies and other agencies or programs providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act.
- Each school district must coordinate with other school districts on interdistrict issues, such as transportation or transfer of school records.
COORDINATION WITH TITLE I Homeless children and youth are eligible for services under Title I, Part A, whether or not they live in a Title I school attendance area or meet the academic requirements required of other children. The school district will ensure that:
- LEAs must set aside funds as are necessary to provide services comparable to those provided to children in Title I, Part A funded schools to serve homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where homeless children may live.
- An LEA receiving Title I, Part A funds must include in its local plan a description of how the plan is coordinated with McKinney-Vento.
- The local plan must describe services provided to homeless children.
- If an LEA states that there are no homeless children or unaccompanied youth in non-Title I schools, the LEA must describe the efforts it made to identify homeless children and unaccompanied youth. Such efforts must include contacting the local Department of Social Services ("DSS") or OCFS to verify that there are no homeless children or unaccompanied youth in the LEA
- The LEA must also document that their enrollment form asks the living arrangements of the child or unaccompanied youth, including asking if he or she is living in a shelter; with relatives or others due to lack of housing; in an abandoned apartment/building; in a motel/hotel, camping ground, car, train/bus station or other similar situation due to the lack of alternative, adequate housing; or temporarily housed in a shelter awaiting an OCFS permanent foster care placement. Documentation of the LEA’s efforts to identify homeless children and unaccompanied youth must be maintained on file and a copy of the LEAs enrollment form which asks the above questions must also be kept on file.
A sample enrollment form may be found at the website: http://www.serve.org/nche/forum/enrollment.php
Record and Reporting Requirements
If the District, as the school district of origin, receives a request to forward student records to a receiving district, the records must be forwarded within five days.
The School District shall maintain documentation regarding all aspects of the District’s contact with and services provided to homeless students and youth for possible on-site monitoring by the State Education Department.
The School District shall collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing such information as the Commissioner determines is necessary to assess the educational needs of homeless children and youths within the state.
Access to Free Meals
All children identified as homeless are eligible for free meals in offered in the district. They do not have to complete an application. When a liaison or a shelter director provides a child’s name to the local school food service office, free school meals should commence immediately.
