Determining Eligibility for McKinney-Vento

NCHE Brief

This issue brief from NCHE provides helpful information on what to do and what not to do when determining if a student is eligible for services under McKinney-Vento. Please note: with the reauthorization of McKinney-Vento under the Every Student Succeeds Act (ESSA), which went into effect on October 1, 2016, there are stronger privacy protections relating to the confidentiality of address information for students in temporary housing. For more information, please see our page on student privacy.

NCHE Brief

This issue brief, from the National Center for Homeless Education (NCHE), provides background on the McKinney-Vento Act and is designed to help school staff members in applying the definition of homelessness under the law to individual children and youth.

NYS Education Department

The purpose of this field memo is to assist Local Child Education Agencies (LEAs) and McKinney-Vento liaisons (also known as LEA liaisons or homeless liaisons) with McKinney-Vento eligibility determinations when 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. In most of these cases, at least initially, the student should be considered homeless and therefore protected under the McKinney-Vento Act and related state law.

This flowchart is meant to aid you in making decisions about a student’s eligibility as homeless under the McKinney-Vento Act (42 U.S.C. 11431 et seq.), but it may not capture every housing situation.

NYS Education Department

The Housing Questionnaire should be used by all school districts as the first page of the enrollment packet for all newly enrolling students. The Housing Questionnaire should also be given to all students/families any time they report a change of address. The New York State Education Department (NYSED) requires all LEAs that receive Title I funds (including school districts, charter schools, and BOCES) to use the Housing Questionnaire. NYSED also encourages all other LEAs to use the Housing Questionnaire because it asks about students’ living arrangements in order to identify students experiencing homelessness in the school district.

NYS Education Department

The Housing Questionnaire should be used by all school districts as the first page of the enrollment packet for all newly enrolling students. The Housing Questionnaire should also be given to all students/families any time they report a change of address. The New York State Education Department (NYSED) requires all LEAs that receive Title I funds (including school districts, charter schools, and BOCES) to use the Housing Questionnaire. NYSED also encourages all other LEAs to use the Housing Questionnaire because it asks about students’ living arrangements in order to identify students experiencing homelessness in the school district.

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #06-2009 (October 2009) describes the limits on when school districts can use shared housing and proof of residency affidavits in the enrollment of students claiming to be homeless. Note: This memo was published in 2009 and thus does not contain the most up-to-date housing questionnaire. For that document, please see Housing Questionnaire.

The McKinney-Vento Homeless Education Assistance Act is a federal law that protects the public education of children and youth experiencing homelessness. The text attached here is the latest version of the law since it was reauthorized on December 10, 2015 by Title IX, Part A of the Every Student Succeeds Act (ESSA).

NYS TEACHS

This issue brief, from the National Center for Homeless Education (NCHE), provides background on the McKinney-Vento Act and is designed to help school staff members in applying the definition of homelessness under the law to individual children and youth.

NYC Department of Education

The NYC Department of Education’s Housing Questionnaire must be given to all students/families when they enroll and any time they report a change of address. The Housing Questionnaire asks about students’ living arrangements in order to identify and provide services to students in temporary housing.

To get this form in other languages go to: https://www.schools.nyc.gov/enrollment/enrollment-help/new-students#jump-to-heading-37

NYS Education Law Section 3209 describes the rights of students in temporary housing in New York State.

Important changes to New York Education Law Section 3209 went into effect on April 20, 2017. The changes to this law reflect changes to the federal McKinney-Vento Act that were made under the Every Student Succeeds Act (ESSA). Below, along with the link to download the new text of the law, you will find a link to a marked-up version of Education Law § 3209 that highlights the changes.

NYS Education Law Section 3209 describes the rights of students in temporary housing in New York State.

Important changes to New York Education Law Section 3209 went into effect on April 20, 2017. The changes to this law reflect changes to the federal McKinney-Vento Act that were made under the Every Student Succeeds Act (ESSA). Below, along with the link to download the new text of the law, you will find a link to a marked-up version of Education Law § 3209 that highlights the changes.

United States Department of Education

On March 2, 2017, the U.S. Department of Education (DOE) revised the Non-Regulatory Guidance for the Education for Homeless Children and Youths Program. This revised Non-Regulatory Guidance replaces the July 2016 Guidance and includes new questions and answers on the amendments to the McKinney-Vento Act made by the Every Student Succeeds Act (ESSA), which took effect on October 1, 2016, and new technical assistance on promising practices for implementing homeless education requirements at the State and local levels.

The Non-Regulatory Guidance can be downloaded below.
An accompanying factsheet is also available.
In July 2018, U.S. DOE published a letter and addendum to the Non-Regulatory Guidance regarding Title I set-asides for students experiencing homelessness.

Every Local Educational Agency (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.

United States Department of Education Fact Sheet

NYS-TEACHS

Districts are encouraged to check in with parents whose children are McKinney-Vento eligible (or youth themselves in the case of unaccompanied homeless youth) at the end of each school year to determine whether their housing situation has changed and make appropriate arrangements for the next school year if there has been a change. This template letter can be used to reach out to families for this purpose.