McKinney Vento Dispute Resolution Procedures

1.  A preliminary Determination is mailed (Preliminary Determination Sample Letter)

  1. Opportunity to meet to discuss further is provided within 10 days of receipt

2.   Final Determination is mailed (Final Determination Sample Letter)

  1. Provides information on right to appeal to the commissioner within 30 days
  2. Contact information for district’s homeless liaison is also made available

3.  The district liaison then 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 acknowledgement 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 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
  7. 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
  8. 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

Appeals to the Commissioner Involving Homeless Children and Youth

http://www.counsel.nysed.gov/appeals/homeless

Statement of Petitioner for an Appeal Involving a Homeless Child or Youth 

http://www.counsel.nysed.gov/appeals/rply

Form for Affidavit of Acceptance of Personal Service by Local Educational Liaison for Homeless Children and Youth 

http://www.counsel.nysed.gov/appeals/acceptance

Form for Affidavit of Service by Mail Local Educational Agency Liaison for Homeless Children and Youth

http://www.counsel.nysed.gov/appeals/service

Request for Stay

The Commissioner can temporarily undue the school district’s action until your case is decided. This is called a “stay.” If you want to request a stay of the opposing party’s action while your case is before the Commissioner, you must include your request for a stay in the petition and state the facts and legal reasons why you believe a stay should be granted. You must include as part of your Notice of Petition an additional paragraph stating:

“Please take further notice that the within petition contains an application for a stay order. Affidavits in opposition to the application for a stay must be served on all other parties and filed with the Office of Counsel within three (3) business days after service of the petition.”

NOTE: The request for a stay should be included in the petition and served at the same time.

Instructions and Summary of the provisions of Parts 275 and 276 of the Commissioners regulations pertaining to appeals involving homeless children and youth ONLY.

http://www.counsel.nysed.gov/appeals/summary

Form Notice of Petition for an Appeal Involving a Homeless Child and Youth and Petition for an Appeal Involving a Homeless Child and Youth

http://www.counsel.nysed.gov/common/counsel/files/homelessform-revised2016.pdf