A Suffolk County student who has a volatile and limited relationship with her parents meets the definition of “homeless” under the McKinney-Vento Homeless Assistance Act, the state's education commissioner has decided in an opinion that some claim broadens the act's reach significantly.

The decision by education Commissioner MaryEllen Elia means the student, referred to only as S.S. in the opinion, can attend her high school in the Rocky Point Union Free School District without paying tuition. She can also receive district transportation to the school.

“I find that petitioner has established that the student meets the definition of a homeless unaccompanied youth under either state or federal law,” Elia wrote. “The record indicates that the student is not in the physical custody of a parent or legal guardian … The petition describes the student's living situation as 'a temporary bed in the home of [a] friend.'”

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