When a housing rehabilitation project displaces your family, federal law protects your children’s right to stay in their school — and guarantees a bus ride there, even across district lines.
Imagine your home has been flagged as unsafe. A government-funded rehabilitation program is going to fix it – or replace it entirely. That’s good news in the long run. But in the short term, you and your family have to move somewhere else while the work gets done. Maybe the only option is a place outside your school district. Now what happens to your kids’ education?
The answer, under federal law, is: nothing has to change for them at school. A piece of legislation called the McKinney-Vento Homeless Assistance Act, along with New York State’s own Education Law, gives displaced families a set of rights that most people have never heard of. This guide breaks down what those rights are, why they apply even to families in planned housing programs, and what Flatley Read does to make sure you’re protected throughout the process.
Does “Homeless” Really Apply to Us?
This is the question that surprises most families. When most people hear “homeless” they picture someone living on the street. But the federal definition is much broader and much more practical.
Under the McKinney-Vento Act, a family is considered homeless if they lack a “fixed, regular, and adequate nighttime residence.” That definition covers a wide range of situations including families who have been temporarily displaced from their home because it was deemed unsafe or because it’s undergoing government- funded repairs.
In New York State, the law specifically recognizes three situations that trigger these protections: a building being declared unsafe or unfit for habitation; a government-ordered evacuation; and temporary relocation during major repairs or replacement, including projects funded by CDBG (Community Development Block Grant) or HOME programs.
Because the in-district residence was deemed unsafe for habitation, the family is considered homeless under the federal definition of lacking a fixed, regular, and adequate nighttime residence even though the displacement is part of a planned housing rehabilitation or replacement project. So yes, if your family is temporarily relocated because of a CDBG housing project, you qualify for McKinney-Vento protections. This is true even though your situation is planned, temporary, and ultimately going to leave you better housed than before.
What Rights Does McKinney-Vento Actually Give Your Children?
The Right to Stay in Their School
The first and most important right is the right to continue attending their “school of origin” – the school your children were enrolled in when you were last permanently housed. Even if your temporary housing is in a completely different school district, your kids don’t have to switch schools, make new friends, or adjust to new teachers and routines.
Free Transportation: Up to 50 Miles Each Way
Staying in their school of origin doesn’t mean you have to figure out how to get them there yourself. New York State requires the school district to provide transportation to the school of origin for distances of up to 50 miles each way. The school district of attendance, the district where the children are currently enrolled, is typically the one responsible for arranging and paying for this transportation.
This obligation doesn’t expire after a few weeks. The transportation and enrollment rights last for the entire duration of the temporary relocation. And there’s an important wrinkle for older students: if a student moves into their new permanent home mid-year, they’re still entitled to finish out the school year at their school of origin. If a student is in their final year at a building — like 12th grade — they may be entitled to transportation for an additional year as well.
Your children’s rights at a glance:
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- Right to continue attending their school of origin, regardless of where you temporarily live
- Free transportation provided by the school district — up to 50 miles each way
- These rights last for the entire temporary relocation period
- Seniors and students in their final year at a building receive extended protection through graduation
- Immediate enrollment cannot be denied, even without typical paperwork
Who Is Responsible for Making This Happen?
Every New York State school district is required by law to designate a McKinney-Vento Liaison — a specific staff member whose job is to coordinate enrollment and transportation for homeless and displaced students. When a family is relocated out of district, the liaison in the family’s original school district should be contacted right away. They are responsible for immediate enrollment and for arranging the transportation logistics. There is also a specific state form involved: the STAC-202, officially called the NYS Designation of School District of Attendance Form. This form officially designates the student as homeless for state aid purposes, which is what “unlocks” the transportation requirements for the district. Getting this form completed promptly is critical.
An Important Note on Funding
One question that comes up frequently is whether CDBG grant funds can be used to pay for school transportation during a relocation. The answer is no — and for a good reason. CDBG funds can cover many legitimate relocation expenses, like moving costs, storage, and temporary rental costs. But transportation to school is a legal obligation of the school district, not the housing program. It would be improper to use grant money to pay for something the district is already required to provide by law.
What Flatley Read Does for Families During Relocation
Knowing your rights is one thing. Actually navigating the school district, the paperwork, and the housing program simultaneously – while also moving your household – is another. This is where the advocacy role comes in.
As part of our commitment to keeping projects compliant with HCR’s (New York State Homes and Community Renewal) temporary relocation requirements, Flatley Read takes the following steps on behalf of families:
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- Coordinating with the School Liaison: Contact the McKinney-Vento Liaison in the family’s original district immediately to initiate transportation coordination and enrollment protection.
- Ensuring STAC-202 Completion: Follow up to make sure the district completes the NYS Designation of School District of Attendance Form, triggering the state aid and transportation requirements.
- Documenting Rights Notification: Record in the CDBG project file that the family was informed of their rights under McKinney-Vento. This is a best practice for HCR monitoring and demonstrates that reasonable assistance was provided.
- Keeping Funding Sources Straight: Ensure that school transportation, a district obligation, is never incorrectly billed to CDBG funds.
The Bottom Line
Temporary relocation during a housing rehabilitation project is disruptive enough. Your children’s schooling doesn’t have to be part of that disruption. Under the McKinney-Vento Homeless Assistance Act and New York Education Law §3209, displaced families have the right to keep their kids in their school, and the right to have the school district provide transportation to get them there — for the entire duration of the relocation, no matter how far across district lines your temporary housing lands you.
If your family is going through a CDBG or HOME-funded relocation and you have questions about your school rights, reach out to Flatley Read. Navigating this process is exactly what we’re here for.
Sources
1. McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2). Federal definition of “homeless children and youth.”
2. N.Y. Education Law § 3209, New York’s homeless student protections, including CDBG-funded rehabilitation projects.
3. McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432(g)(1)(J)(ii), McKinney-Vento Liaison requirement.