Final Determination Sample Letter

FINAL DETERMINATION NO LONGER HOMELESS/NOT A RESIDENT

Date

Name
Postal Address

Re: Final Determination for (Student Name)

Dear

I am writing to render a final determination regarding your child’s status as a homeless student under McKinney-Vento and continued residency within the (Name) School District.

As outlined in my previous correspondence, your child  was determined  to be a homeless student pursuant to  the  definition of a homeless student under the McKinney-Vento Act.  As a result of this determination, he continued to attend the District’s school and receive transportation to and from (Street Address)  in (City/Town) through the end of the 20__-20__ school year while residing in the (Name) School District. Based on the initial homelessness determination by (Name of Homeless Liaison), this District has continued to be responsible to provide transportation and a tuition-free education for your child in its District schools. I have since reviewed your child’s status as a McKinney-Vento homeless student and provided you an opportunity to share other information or documentation which you believed supported that your child continue to qualify as a homeless student pursuant to McKinney-Vento.  In consideration of the facts and your input, I have determined that your housing arrangement is no longer temporary or transitional and  therefore your child no longer meets the eligibility criteria to be considered a homeless student as defined by McKinney-Vento legislation.  I find that your child has a fixed, regular and adequate residence in the (Name) School District. In light of this determination, (child’s name) will no longer be considered to be in temporary housing but will be considered a resident of the (Name) School District.

Based upon your current  residence in (City/Town), New York, outside the boundaries of the Greater Johnstown School District, I regret to inform you that you and your child are not residents of the Greater Johnstown School District.  Accordingly, (Month/Day/Year) shall be the last day that your child shall be permitted to attend Johnstown schools.  Immediately thereafter, we will forward their records to the (Name) School District, your district of residence.  Please take steps to enroll your children in the (Name) School District.

If you disagree with my determination that your child is no longer homeless or that he is no longer a District resident, you have the right to appeal this decision to the Commissioner of the New York State Department of Education within 30 days of the date of this letter, including the opportunity to request a stay of my decision. Information about the appeals process is available on the NYS Education Department website: http://www.counsel.nysed.gov/common/counsel/files/homelessform-revised2016.pdf.

You can reach the Office of Counsel at 518-474-6400 with any questions regarding the appeal process. A copy of the petition form used to file an appeal with the Commissioner is included with this letter.

The district’s homeless liaison is (insert name), who is available to help you complete and file appeal to the Commissioner if you decide to challenge my determination regarding homelessness or residency. (Name of homeless liaison) can be reached by telephone at: 518-736-1708. The mailing address for (name of homeless liaison) is 1 Sir Bills Circle, Johnstown, New York 12095.

Sincerely,

Name
Superintendent of Schools