at Advocates for Children
151 West 30th Street
New York, NY 10001
PLEASE NOTE: In some cases, the resources on this page may not be current.
Important changes related to McKinney-Vento were included in the Every Student Succeeds Act of 2015 (ESSA). The changes went into effect October 1, 2016, and include: expanded transportation protections until the end of the school year for temporarily housed students who move into permanent housing, the inclusion of preschool in the definition of "school of origin" (children can stay in their school of origin and receive transportation to that school), and changes to the dispute resolution process which include the provision of all McKinney-Vento related services (for example, continued enrollment and transportation) until a final decision is issued. For more information about ESSA changes to the McKinney-Vento Act, see the State Education Department's Field Memo regarding Implementation of Changes to McKinney-Vento Homeless Act as a Result of Passage of Every Student Succeeds Act.
Please continue to check here for updated information about how new laws will impact policies and procedures in New York State, and as always, feel free to contact NYS-TEACHS at 800-388-2014 with any questions you may have.
The McKinney-Vento Homeless Education Assistance Act is federal legislation that discusses the public education of children and youth experiencing homelessness. In December 2015, McKinney-Vento was reauthorized as Title IX, Part A of the Every Student Succeeds Act (ESSA). Click on the links below to get more information on determining eligibility under the McKinney-Vento Act.
Find answers to commonly asked questions about enrollment for students in temporary housing situations.
Find answers to commonly asked questions about school selection for students in temporary housing situations.
Our Tip Sheets provide more detailed information about the rights of students experiencing homelessness, as well as useful contact information. Guides are available for New York State, New York City (English), New York City (Spanish), and Charter Schools.
The McKinney-Vento Act allows students to choose between the school of origin and the local school. This issue brief from NCHE is intended to clarify this decision and assist in the decision-making process.
This issue brief from NCHE provides tips and tools for placing students immediately in appropriate classroom settings.
This page provides information about immunization records for students attending school in New York State.
Housing Questionnaire [Word doc]
This new Housing Questionnaire should be used by all local educational agencies (LEAs), which include school districts, charter schools, and BOCES, as the first page of the enrollment packet for all newly enrolling students, and should also be completed by all students/families who report a change of address. The Housing Questionnaire was updated on November 11, 2016, and it replaces the former Enrollment Form/Residency Questionnaire. The New York State Education Department (NYSED) requires all LEAs that receive Title I funds and encourages all other LEAs, to use the new Housing Questionnaire, which asks about students' living arrangements, in order to identify students experiencing homelessness in the school district.
Every LEA must ensure that students who are experiencing homelessness are immediately enrolled in school. This is a Sample Enrollment Process that school districts may follow as a model process for immediately enrolling students experiencing homelessness once they are identified as homeless.
Laws and Guidance
PLEASE NOTE: Some of the information in the attached documents is now out of date.Important changes related to McKinney-Vento were included in the Every Student Succeeds Act of 2015 (ESSA), which went into effect October 1, 2016. The new law impacts some of the information included here. Please continue to check nysteachs.org for updated information about how new laws will impact policies and procedures in New York State, and as always, feel free to contact NYS-TEACHS at 800-388-2014 with any questions you may have.
In July 2015, NYSED Commissioner's Regulations governing enrollment of students in public school were amended to ensure that all students, and in particular unaccompanied youth, have timely access to school. The Regulations require that school districts accept a broader range of documents to establish residency and establish timelines for making residency determinations. The NYSED has produced brochures in multiple languages that districts can provide to parents so that they better understand the enrollment process. The brochure is currently available in: English, Spanish, Arabic, Bengali, Chinese, French, Haitian-Creole, Karen, Nepali, Russian, and Urdu.
On March 2, 2017, the U.S. Department of Education issued updated Non-Regulatory Guidance for the federal Education for Homeless Children and Youth (EHCY) Program. This revised Non-Regulatory Guidance for the McKinney-Vento program replaces the July 2016 Guidance and includes new questions that reflect both the amendments to the McKinney-Vento Act made by the Every Student Succeeds Act (ESSA), which take effect on October 1, 2016, and new technical assistance on promising practices for implementing homeless education requirements at the State and local levels.
Enrollment and school selection are discussed in Section 722(g)(3)(c)(i) & 722(g)(3)(A).
New York State Education Law Section 3209 [Word doc]
Enrollment and school selection are discussed in Section 3209(2)(a).
This October 2009 Field Memo from the State Education Department clarifies the use of shared housing and proof of residency affidavits in the enrollment of students claiming to be homeless under the federal McKinney-Vento Act and NYS Education Law and regulations.
This August 2007 Field Memo from the State Education Department clarifies the right of temporarily housed students' to immediate enrollment in and transportation to school.
This October 2002 Field Memo from the State Education Department summarizes the provisions of the McKinney-Vento Act that were reauthorized as a part of the No Child Left Behind Act of 2001.
Upcoming Workshops and Trainings
04/24/17 McKinney-Vento Training at Greater Southern Tier BOCES
04/25/17 McKinney-Vento Training at OCM BOCES
04/27/17 McKinney-Vento Training at Champlain Valley Educational Services
04/28/17 McKinney-Vento Training at WSWHE BOCES
04/25/17 Funding & Reimbursement (All Audiences)
04/27/17 Determining Eligibility (All Audiences)