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Homeless Education in New York

Homeless Education in New York. New York Education Law §3209 and Parts 275, 276 and §100.2(x) of the Regulations of the Commissioner of Education. Presented by:. Patricia McGuirk, NYSED Program Manager Nancy Winkler, LMSW, Program Administrator Denis Dougherty, LMSW, Interim Director

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Homeless Education in New York

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  1. Homeless Education in New York New York Education Law §3209 and Parts 275, 276 and §100.2(x) of the Regulations of the Commissioner of Education

  2. Presented by: • Patricia McGuirk, NYSED Program Manager • Nancy Winkler, LMSW, Program Administrator • Denis Dougherty, LMSW, Interim Director • Annemarie Carangelo, MA, CASAC, Social Work Intern

  3. Educating Homeless: How can we help? Fostering Resilience…… • Education is critical in breaking the cycle of homelessness and poverty • Schools can be a safe haven for children whose lives are filled with danger and uncertainty (or a place of humiliation and failure) • Educators can open the doors to accomplishments, possibilities and dreams • Studies have shown responsive schools can create resiliency---the ability to bounce back from adversity

  4. The School as a Survival Tool • Studies support that schools do make a difference for homeless children • Can identify unique needs of homeless • Build commitment, collaboration and community. Don’t do it alone. • Provide learning environments that are: supportive, structured, have high expectations and OPPORTUNITY

  5. Definitions • Education Law §3209 and §100.2(x) of the Regulations of the Commissioner of Education have the same definition of a homeless child as the McKinney-Vento Homeless Education Assistance Act (42 USC. §§11431 et seq), (McKinney-Vento Act). • Except as otherwise provided by law, a homeless child is a child who does not have a fixed, regular, and adequate nighttime residence or whose primary nighttime location is in a public or private shelter designated to provide temporary living accommodations, or a place not designed for, or ordinarily used as regular sleeping accommodations for human beings. This definition includes a child who is:

  6. Definitions • sharing the housing of other persons due to loss of housing, economic hardship or similar reason (sometimes referred to as double-up); • living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; • living in a car, park, public space, abandoned building, substandard housing, bus or train stations or similar settings; • abandoned in hospitals; • awaiting foster care placement; or

  7. Definitions • a migratory child who qualifies as homeless because he or she is living in circumstances described above. (42 USC §11434a[2]; Education Law §3209[1][a]; 8 NYCRR §100.2[x][1]). • An unaccompanied youth is a homeless child for whom no parent or person in parental relation is available. (8 NYCRR §100.2[x][1][vi]).

  8. The Designator makes the decision as to which school district a homeless child will attend. A Designator is: • the parent or person in parental relation (guardian) to 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 consultation with the homeless child, where such homeless child is living in such program. (Education Law §3209[1][b]; 8 NYCRR §100.2[x][1]([ii]).

  9. Choice of District • The designator has the right to designate one of the following as the school district within which a homeless child shall be entitled to attend upon instruction: • the school district of current location; • the school district of origin; or • a school district participating in a regional placement plan. (Education Law §3209[2][a][1]-[3]; 8 NYCRR §100.2[x][2][i]).

  10. The School District of Current Location is: • 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, which is different from the school district of origin (Education Law §3209[1][d]; 8 NYCRR §100.2[x][1)[iv]). • Whenever the school district of current location is designated, the homeless child is entitled to attend the school that is zoned for his or her temporary location or any school that non-homeless students who live in the same attendance zone in which the homeless child is temporarily residing are entitled to attend (Education Law §3209[1][d]; 8 NYCRR §100.2[x][2][v]).

  11. The School District of Current Location is: • Where the school district in which a homeless child is temporarily housed is the same district the child attended on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless, the homeless child is entitled to attend the schools of such district without the payment of tuition for the duration of his or her homelessness. In lieu of attending the school serving the attendance zone in which the child is temporarily relocated, such child may choose to remain in the public school building he or she previously attended until the end of the school year and for one additional year if that year constitutes the child’s terminal year in such building (Education Law §3209[2][b][1]; 8 NYCRR §100.2[x][2][ii]).

  12. The School District of Current Location is: • A homeless child who designates the school district of current location as the district of attendance and who relocates to another temporary housing arrangement outside such district, or to a different attendance zone or community school district within such district, is entitled to maintain the prior destination to continue attendance in the same school building until the end of the school year and for one additional year if the year constitutes the child’s terminal year in such building (Education Law §3209[2][c]; 8 NYCRR §100.2[x][2][iii]).

  13. The School District of Origin is: • the 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, which is different from the school district of current location (Education Law §3209[1][c]; 8 NYCRR §100.2[x][1][iii]). • whenever the school district of origin is designated, the homeless child shall be entitled to return to the school building where previously enrolled (Education Law §3209[1][c]; 8 NYCRR §100.2[x][2][v]).

  14. A Regional Placement Plan is: • a comprehensive regional approach to the provision of educational placements for homeless children which has been approved by the Commissioner of Education (Commissioner) (Education Law §3209[1][e]; 8 NYCRR §100.2[x][1][v]).

  15. A Homeless Child Who Previously Resided in a School District Outside of New York State • where the public school or school district a homeless child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless is located outside of New York State, the homeless child is considered a resident of the school district where the temporary housing arrangement is located and is entitled to attend the schools of such district without payment of tuition (Education Law §3209[2][b][2]; 8 NYCRR §100.2[x][2][iv]).

  16. Change of Designation • Prior to the end of the first semester of attendance or within 60 days of commencing attendance at a school (whichever occurs later), the designator may change the designation if the designator finds the original designation to be educationally unsound (8 NYCRR §100.2[x][2][vi]).

  17. Content and Availability of Designation Forms • The designation must be made on forms provided by the Commissioner and must include the name of the child, the name of the parent or person in parental relation to the child, the name and location of the temporary housing arrangement, the name of the school district of origin, the name of the school district where the child’s records are located, the complete address where the family was located at the time circumstances arose which caused such child to become homeless and any other information required by the Commissioner. The designation form must be completed by the appropriate designator (Education Law §3209[2][d]; 8 NYCRR §100.2[x][3]).

  18. Content and Availability of Designation Forms • 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 (Education Law §3209[2][d]; 8 NYCRR §100.2[x][3]). • Designation forms are also available at www.oms.nysed.gov/stac/.

  19. Designation for a Homeless Child in a Temporary Housing Facility Operated or Approved by a Local Social Services District or a Residential Facility for Runaway and Homeless Youth • 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 (Education Law §3209[2][d]; 8 NYCRR §100.2[x][3][i]).

  20. Designation of the School District of Current Location • Where a parent or unaccompanied youth designates 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 (8 NYCRR §100.2[x][3][ii]).

  21. The Designated School District’s Duties Upon Receipt of the Designation Form • Upon receipt of a designation form, the designated school district must immediately: • review the designation form to assure that it has been completed (8 NYCRR §100.2[x][4][i]); • 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 (Education Law §3209[2][e][1]; 8 NYCRR §100.2[x][4][ii]); • provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students (Education Law §3209[2][e][2]; 8 NYCRR §100.2[x][4][iii]);

  22. The Designated School District’s Duties Upon Receipt of the Designation Form • immediately contact the school district where the child’s records are located in order to obtain a copy of such records (Education Law §3209[2][e][3]; 8 NYCRR §100.2[x][4][iv]); • 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 LEA liaison who must assist in obtaining necessary immunizations or immunization or medical records (42 USC §11432[g][3][C] and [D]; 8 NYCRR §100.2[x][4][v]); and • forward the designation form to the Commissioner, and the school district of origin, where applicable (Education Law §3209[2][e][4]; 8 NYCRR §100.2[x][4][vi]).

  23. The School District’s Duties Upon Receipt of a Request for Records • Within five days of receipt of a request for records, the school district must forward, in a manner consistent with State and federal law, a complete copy of the homeless child’s records, including, but not limited to, proof of age, academic records, evaluation, immunization records, and guardianship papers, if applicable (Education Law §3209[2][f]; 8 NYCRR §100.2[x][5]).

  24. 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, as approved by the Commissioner, 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 in a form prescribed by the Commissioner. The educational costs for such children will not be otherwise aidable or reimbursable (Education Law §3209[3][a]).

  25. Tuition Reimbursement • The school district of origin must reimburse the Department for its expenditure for educational services on behalf of a homeless child in an amount equal to the school district basic contribution, prorated for the period of time for which such services were provided in the base year by a school district other than the school district of origin. Upon certification by the Commissioner, the Comptroller will deduct from any State aid funds which become due to the school district of origin an amount equal to the reimbursement required to be made by such school district, and the amount so deducted will not be included in the operating expense of such district for the purpose of computing the apportionment for operating expense (Education Law §3209[3][b]).

  26. Social Services District’s and Office of Children and Family Services’ (OCFS) 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 (Education Law §3209[4][a]). • To the extent that funds are available, 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 (Education Law §3209[4][b]). • The social services district or OCFS may contract with a school district or board of cooperative educational services (BOCES) to provide such transportation (Education Law §3209[4][a] and [b]).

  27. Designated School District’s Transportation Responsibilities • Any homeless child not entitled to receive transportation from the Department of Social Services or OCFSmust be transported by the designated school district (Education Law §3209[4][c]; 8 NYCRR §100.2[x][6]). • 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 (Education Law §3209[4][d]; 8NYCRR §100.2[x][6][iii]). • 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 (Education Law §3209[4][c]).

  28. Designated School District’s Transportation Responsibilities • 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 (U.S. Department of Education Draft Non-Regulatory Guidance on Education for Homeless Children and Youth, July 2004).

  29. Transportation Mileage Limitations • 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 (Education Law §3209[4][c]; 8 NYCRR §100.2 [x][6][ii]).

  30. 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 (Education Law §3209[4][c]). • The costs for transportation will be reimbursed by the Department with the submission of a Runaway and Homeless Youth Act Transportation Program Form.

  31. Duties of LEA Liaison • Each LEA liaison for homeless children and youths shall ensure that: • homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies; • homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that LEA;

  32. Duties of LEA Liaison • homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the LEA, and referrals to health care services, dental services, mental health services, and other appropriate services;

  33. Duties of LEA Liaison • the parents or guardians of homeless children and 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; • public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services under this Act, such as schools, family shelters, and soup kitchens;

  34. Duties of LEA Liaison • enrollment disputes are mediated in accordance with Commissioner’s Regulations 8 NYCRR. • 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, and is assisted in accessing transportation to the school that is selected (42 USC §722(6)(A)(i-vii)).

  35. School District’s Dispute Resolution Responsibilities • Each school district must establish procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth (8 NYCRR §100.2[x][7][ii][a]); • 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 a school requested by the parent or guardian (8 NYCRR § 100.2[x][7][ii)][b]); and

  36. School District’s Dispute Resolution Responsibilities • 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 pursuant to Education Law §310 with a stay application within 30 days of such final determination, the homeless child or youth must 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 (8 NYCRR §100.2[x][7][ii)][c]).

  37. Effect of a Stay Order Denial of a Stay Order • If the Commissioner denies the stay request, the homeless student can be asked to leave the school immediately.. 8 NYCRR §100.2(x)(7)(ii)(c) Granting a Stay Order • 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 dismisses the appeal, the homeless child or youth or unaccompanied youth will no longer be entitled to attend the school (8 NYCRR §100.2[x][7][ii][c].

  38. LEA Liaison’s Dispute Resolution Responsibilities • The LEA 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 by (8 NYCRR §100.2[x][7][iii][c]): • providing the parent or guardian or unaccompanied youth with a copy of the form petition (8 NYCRR §100.2[x][7][iii][c])[1]); • assisting the parent or guardian or unaccompanied youth in completing the form petition, including the section requesting interim relief (stay provision) (8 NYCRR §100.2[x][7][iii][c])[2]); • arranging 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 (8 NYCRR §100.2[x][7][iii][c])[3]);

  39. LEA Liaison’s Dispute Resolution Responsibilities • accepting 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 arranging 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(8 NYCRR §100.2[x][7][iii][c])[4]); • providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that the LEA 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(8 NYCRR §100.2[x][7][iii][c])[5]);

  40. LEA Liaison’s Dispute Resolution Responsibilities • transmitting 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 (8 NYCRR §100.2[x][7][iii][c])[6]); • providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that the LEA 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(8 NYCRR §100.2[x][7][iii][c])[7]); and • accepting 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(8 NYCRR §100.2[x][7][iii][c])[8]).

  41. Form Petition Availability • The form petition can be found at http://www.counsel.nysed.gov/appeals/petition.htm

  42. Additional LEA Liaison Responsibilities • ensure that the LEA liaison maintains a record of all appeals of enrollment, school selection and transportation determinations (8 NYCRR §100.2[x][7][iii][d]); and • inform school personnel, service providers and advocates working with homeless families of the duties of the LEA liaison(8 NYCRR §100.2[x][7][iii][e]).

  43. Revised Appeal Procedures for Appeals Regarding the Education of Homeless Children and Youth • If the parent or guardian of a homeless child or youth or unaccompanied youth (petitioner) uses the form petition, the petition must be legible but is not required to be submitted in typewritten form (8 NYCRR§275.3[d]). • The parent or guardian of a homeless child or youth or unaccompanied youth (petitioner) may endorse all pleadings and papers submitted to the Commissioner in connection with an appeal with the name, post office address and telephone number of the LEA liaison for homeless children and youth (8 NYCRR§275.4[b]).

  44. Revised Appeal Procedures for Appeals • Verification. The form petition is not required to be verified.The parent or guardian of a homeless child or youth or unaccompanied youth (petitioner), in lieu of verifying his/her pleading(s), may include in each pleading a statement that is signed by such parent or guardian or unaccompanied youth and which indicates that based on his/her information and belief the information contained in the pleading is true and an acknowledgment that he/she is aware that, pursuant to Penal Law § 175.30, a person who knowingly offers a false instrument for filing to a public official or public servant is guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A Misdemeanor (8 NYCRR§275.5[b]).

  45. Revised Appeal Procedures for Appeals • Oaths. The signed statement of a parent or guardian of a homeless child or youth or unaccompanied youth that the information contained in his/her petition or other pleading is true to the best of his/her knowledge and an acknowledgement that he/she is aware that, pursuant to Penal Law § 175.30, a person who knowingly offers a false instrument for filing to a public official or public servant is guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A Misdemeanor, may be served or filed in the appeal in lieu of and with the same force and effect as an affidavit (8 NYCRR§275.7[b]).

  46. Revised Appeal Procedures for Appeals • Service of pleadings and supporting papers. Service of pleadings and supporting papers in appeals regarding a homeless child's or youth's access to a free, appropriate public education may be made upon a school district, school district employee and/or school district officer named as a party respondent by delivering a copy of the pleadings and supporting papers to the school district's LEA liaison for homeless children and youth. The LEA liaison for homeless children and youth must either accept service of the pleadings and supporting papers on behalf of the named school district, school district employee and/or school district officer, or effect service by mail by mailing the petition, petitioner's affidavits, exhibits, and other supporting papers to the named school district employee, school district officer and/or 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, and by mailing all subsequent pleadings and papers to the adverse party or, if the adverse party is represented by counsel, to his/her attorney. When the same attorney appears for two or more parties, only one copy need be served upon the attorney (8 NYCRR§275.7[8][e]).

  47. Revised Appeal Procedures for Appeals • Filing.Within five days after the receipt and/or acceptance of service of any pleading or paper from petitioner, the LEA liaison for homeless children and youth, shall transmit the original, together with an affidavit of such LEA liaison proving that he/she either accepted service of the pleading on behalf of the adverse party or served the pleading by mailing it to the adverse party, to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234. The affidavit of service must be in the form prescribed by the Commissioner and indicate the name and official character of the person upon whom service was made (8 NYCRR§275.9[b]). • No Filing Fee. No fee is required in appeals brought before the Commissioner pursuant to Education Law §310regarding a homeless child's or youth's access to a free, appropriate public education (8 NYCRR§275.9[c]).

  48. Revised Appeal Procedures for Appeals • Service of answer and supporting papers. If the petitioner so elects, respondent must serve the answer upon the LEA liaison for homeless children and youth, together with all of the respondent's affidavits, exhibits and other supporting papers, except a memorandum of law. In such case, the LEA liaison for homeless children and youth must notify the petitioner of his or her receipt of the answer, together with all of respondent's affidavits, exhibits and other supporting papers by serving these documents upon the petitioner at his or her last known address in the manner set forth in 8 NYCRR § 275.8(b) or, upon the petitioner’s request, by making copies of these documents available to petitioner without cost (8 NYCRR§275.13[b]). • Reply. The petitioner must reply to each affirmative defense contained in an answer. The reply, together with any affidavits which must be limited to support of such reply, must be served in the manner set forth in either 8 NYCRR §§275.8(b) or (e) (8 NYCRR§275.14[b]).

  49. Revised Appeal Procedures for Appeals • Extensions of Time to Answer or Reply.The petitioner may elect to provide notice of the application for an extension of time to reply to an answer to all parties by delivering the application to the LEA liaison for homeless children and youth. The LEA liaison for homeless children and youth must mail the application to all adverse parties and the Office of Counsel. Such application must be in writing and must be postmarked not later than five days prior to the date on which the time to reply will expire, and must set forth in full the reasons for the request (8 NYCRR§276.3[b]). • Memoranda of Law.Thememoranda of law may be served in the manner provided by either 8 NYCRR§275.8(b) or (e) (8 NYCRR§276.4[c]).

  50. Revised Appeal Procedures for Appeals • Additional Affidavits, Exhibits and Other Supporting Papers.Affidavits, exhibits and other supporting papers may be served in accordance with either 8 NYCRR §275.8(b) or (e) or 8 NYCRR§275.13(b) (8 NYCRR §276.5[b]). • Decision.A copy of the Commissioner’s appeal decision will also be forwarded by the Office of Counsel to the LEA liaison for homeless children or youth (8 NYCRR §276.7[b]).

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