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New York State Education Department (NYSED) Laws and Guidance
Laws | Regulations | Memos | Model Forms
Click the links below to get the text of New York State laws and guidance affecting the educational rights of students in temporary housing situations.
Laws
New York State Education Law Section 3209 [Word doc]
This State Education Law addresses the educational rights of students experiencing homelessness and the obligations of school districts to provide services to these students.
New York State Education Law Section 3635—Transportation [Word doc]
This State Education Law addresses school transportation. For more information about transportation for students who are homeless, please click here.
Education Law Section 3212—Persons in Parental Relation [Word doc]
This State Education Law defines the term "person in parental relation" in cases where the biological parent is unavailable. For more information about unaccompanied youth, please click here.
General Obligations Law Section 5-1551: Designation of Person in Parental Relation Form [Word doc]
This law addresses parents' power to designate a "person in parental relation" to a child. For more information about unaccompanied youth, please click here.
New York State Public Health Law Section 2164—Immunization [PDF]
This State Public Health Law clarifies that students have 14 days (which may be extended to 30 days) during which they may attend school before presenting proof of immunization. Students who are homeless have additional protections with regard to submitting proof of immunization. For more information, please click here.
Regulations and State Plan
Regulations of the Commissioner of Education Concerning Homeless Children and Youth Section 100.2(x)
These Regulations of the Commissioner address the educational rights of students experiencing homelessness and the obligations of school districts to provide services to these students.
Regulations of the Commissioner of Education Concerning Appeals Involving Homeless Children and Youth
This website of the State Education Department's Office of Counsel includes the Regulations of the Commission that govern appeals concerning the education of homeless children and youth. For more information about the appeal process, please click here.
The New York State Plan for the Education of Homeless Children and Youth - July 2002 [Word doc]
The McKinney-Vento Act mandates that all State Education Agencies submit a plan for the education of students who are homeless. This is the New York State plan and it provides an overview of how the State Education Department plans to comply with the McKinney-Vento Act.
Field Memos
Memo from the State Education Department - Elementary and Intermediate-Level Testing Dates for 2010-11 [PDF]
July 2010 Memo from the State Education Department lists Elementary and Intermediate-Level testing dates for the 2010-11 school year.
Memo from the State Education Department - Regents Dates [PDF]
This June 2010 Memo from the State Education Department lists Regents Examination Dates for January, June and August 2011-2013.
McKinney-Vento Field Memo Re: Universal Pre-K Programs for Homeless Students [PDF]
This May 2010 Field Memo from the State Education Department discusses strategies districts are encouraged to use to help ensure that children who are homeless can access pre-kindergarten programs.
Homeless Testing Memo - April 2010 [PDF]
David Abrams, Assistant Commissioner of the Office of Standards, Assessment and Reporting, and Roberto Reyes, Director of Title I School and Community Services, released this April 2010 memo to school administrators regarding the potential barriers confronting homeless students taking state assessments. School administrators, along with state agencies providing services to homeless students, should be well aware of state testing requirements and test schedules and work to make sure that homeless students are not denied access to these examinations in any way.
McKinney-Vento Field Memo Re: Guidance Regarding Shared Housing Affidavit - October 2009 [PDF]
This Field Memo from the State Education Education 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.
McKinney-Vento Field Memo Re: Guidance Regarding Key Developments for School District Superintendents - August 2009 [Word doc]
This Field Memo from the State Education Education provides an overview and key developments concerning the McKinney-Vento Act for school district Superintendents.
McKinney-Vento Field Memo Re: McKinney-Vento Summer School Information - May 2009 [PDF]
This Field Memo from the State Education Department clarifies the responsibilities of schools and charter schools regarding summer school for students experiencing homelessness.
McKinney-Vento Field Memo Re: McKinney-Vento Guidance - February 2009 [Word doc]
This Field Memo from the State Education Department reiterates the importance of training for school district staff regarding McKinney-Vento and includes all of the State-issued guidance.
McKinney-Vento Field Memo Re: Enrollment, Unaccompanied Youth, Transportation - August 2007 [Word doc]
This Field Memo from the State Education Department clarifies the right of temporarily housed students' to immediate enrollment in and transportation to school.
McKinney-Vento Field Memo Re: Guidance Concerning 310 Appeal Process for Homeless Students - January 2006 [Word doc]
This Field Memo from the State Education Department outlines the responsibilities of school districts when a dispute concerning McKinney-Vento arises.
Revision to Q & A on Education of Homeless Students - June 2004 [Word doc]
This Field Memo from the State Education Department is a revised version of the McKinney-Vento Field Memo of December 2003. The Q & A addresses new provisions in the Regulations of the Commissioner following the reauthorization of the McKinney-Vento Act in 2001.
McKinney-Vento Field Memo Re: Education of Homeless Children and Youth - October 2002 [Word doc]
This 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.
Model Forms
Enrollment Form - Residency Questionnaire [Word doc]
All LEAs that receive Title I Funds must have students complete and submit a residency questionnaire or enrollment form, which asks about students' living arrangements, in order to identify students experiencing homelessness in the school district.
Sample Local Educational Agency Education of Homeless Children Policy [Word doc]
Every LEA must have a homeless education policy to address the needs of students experiencing homelessness in the school district. This is a Sample LEA Homeless Education Policy that school districts may use as a model policy to ensure compliance with the McKinney-Vento Act.
Sample Enrollment Process for Students in Temporary Housing [Word doc]
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 for immediately enrolling students experiencing homelessness once they are identified as homeless.