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.
After December 10, 2016, due to changes made to the homelessness and foster care provisions in the McKinney-Vento Act and Title I Part A, as amended by the Every Student Succeeds Act of 2015, "Awaiting foster care placement" was deleted from the definition of "homeless children and youths."
Children and youth who are "placed in foster care" are not McKinney-Vento eligible, but many continue enrollment and receive transportation to their school of origin under the Fostering Connections to Success and Increasing Adoptions Act, another federal law. Click on the links below to learn more about foster care with regards to students in temporary housing.
Find answers to commonly asked questions about foster care and the McKinney-Vento Act.
PLEASE NOTE: Some of the information in the attached documents is now out of date.Important changes related to McKinney-Vento were included in the Every Student Succeeds Act of 2015 (ESSA), which went into effect October 1, 2016.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.
Schools as Mandatory Partners in Ensuring Educational Stability: Q & A Factsheet from the Legal Center for Foster Care and Education
This factsheet describes the education provisions of the 2008 Fostering Connections Act, summarizes a May 2014 Government Accountability Office (GAO) Report on implementation, and highlights an important May 2014 joint letter from the U.S. Departments of Health and Human Services and Education about the Act.
New York State Kinship Navigator provides information, resources and referrals for grandparents and other relatives caring for children in New York.
This publication from the Casey Family Foundation highlights the most promising practices developed by teams from state, county, and tribally administered child welfare agencies where the focus was on improving educational continuity and school stability.
Laws and Guidance
PLEASE NOTE: Some of the information in the documents listed below 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.
NYSED Field Memo: Educational Stability and Transportation Provisions for Students in Foster Care in Title I, Part A as Amended in the Every Student Succeeds Act of 2015
This December 2016 Field Memo was jointly issued by NYSED and the New York State Office of Children and Family Services (OCFS) to provide important new information about students in foster care. There are changes to Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act (ESSA) of December 2015. The memo highlights changes that must be implemented by December 10, 2016, including the requirements that: (1) Local Educational Agencies (LEAs) collaborate with Local Departments of Social Services (LDSS) to ensure school stability and transportation for children in foster care, and (2) LEAs must designate a Foster Care Point of Contact to work collaboratively with LDSSs in their communities.
This October 2015 Field Memo from the New York State Department of Education provides information about whether a student should be considered homeless under the McKinney-Vento Act in situations where a student has been removed from his/her home because of an allegation of abuse or neglect and the child welfare agency arranges for a relative or family friend to assume temporary custody of the student, rather than place the student in foster care.
This August 2015 NYSED Field Memo provides information about transportation to and from school for children placed in foster care.
This September 2013 Field Memo details the 2013 amendments to the Family Educational Rights and Privacy Act (FERPA). The Memo describes how FERPA now allows school districts, BOCES, and charter schools to disclose educational records without parental consent to certain child welfare officials for students in foster care and students in the care and custody of the NYS Office of Children and Family Services or a Local Department of Social Services (OCFS). OCFS issued a similar Information Letter to all Departments of Social Services about the changes to FERPA.
This Feb 2012 Administrative Directive explains that LDSS must take educational stability into account when placing kids in foster care, and is responsible for educational stability plans, on a case-by-case basis, on behalf of each child in foster care.
This federal law amends provisions to social services law to improve outcomes for children in foster care. It includes provisions to increase educational stability (i.e. minimize the number of school transfers) for children in foster care. The educational stability provisions are discussed in Section 204.
Upcoming Workshops and Trainings
Stay tuned for the Summer and Fall 2017 Workshop and Training schedules.
Stay tuned for the Fall/Winter 2017 Webinar series.