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Have questions about this topic?
NYSED’s McKinney-Vento Field Memo #07-2015 (March 2015) clarifies that schools districts cannot get additional state aid for instruction (also referred to as tuition reimbursement) through the STAC 202 process for students experiencing homelessness who were last permanently housed outside of New York State.
Attending school and gaining securing lawful status in the United States are two keys to safety and security for undocumented unaccompanied homeless youth. This brief provides information about federal laws that can help undocumented youth who are homeless to attend school and address their immigration status.
This May 2016 memo explains that all individuals, regardless of citizenship, who reside in New York State (NYS) and are between the ages of 5 and 21, have the right to a free public high school education in their school district of residence.
In July 2015, the 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.
NYS Education Law Section 3209 describes the rights of students in temporary housing in New York State.
This guide was created for educators, school support staff and service providers who teach, mentor and help open the doors of opportunity for undocumented youth and unaccompanied and refugee children currently living in the United States.
This fact sheet from the United States Department of Education provides information to help Local Educational Agencies (LEAs include school districts, BOCES, and charter schools) to understand their responsibilities, and it also includes resources available to educate all immigrant students.
This document, issued jointly by the National School Board Association (NSBA) and the National Education Association (NEA), answers frequently asked questions from school administrators about the rights and responsibilities schools have with respect to undocumented students.
Undocumented students in temporary housing are protected by the McKinney-Vento Act. On June 15, 2012, the Obama Administration issued a memo announcing that the U.S. would not deport certain undocumented persons who entered the United States as children. Please note: as of June 16, 2017 the DACA program is still available and accepting applications.
The New York State Education Department issued this September 10, 2014 letter to all school districts regarding educational services for recently arrived unaccompanied immigrant children, many of whom may be eligible for services under the McKinney-Vento Act.
This project, based at the City University of New York (CUNY), provides free, high quality, and confidential citizenship and immigration law services to help individuals and families on their path to U.S. citizenship.
This organization provides legal services, advocacy, and other support to immigrant communities in Nassau and Suffolk counties.
This guide from the American Civil Liberties Union outlines available resources, contact information, and referral processes for those seeking assistance for immigrant children and youth. The guide is organized state-by-state.
This PowerPoint has information for service providers about how to help undocumented youth with access to school, scholarships, legal resources, and information about paths to legal status.
The Goal of the RBE-RNs is to help school districts and school buildings create an educational environment which will engage English Language Learners, as well as all students, in meaningful teaching and learning.
The New York City Department of Education translates many surveys, notifications, and other documents for parents of English Language Learners. Translations are available on this page, in addition to other resources.
After federal immigration-related actions that have created fear and confusion in New York and across the country, Attorney General Eric T. Schneiderman and State Education Commissioner MaryEllen Elia reminded school districts of their duty to comply with existing state and federal laws that ensure the rights of immigrant children to attend New York’s public schools without fear of reprisal.
These issue briefs from the National Center for Homeless Education (NCHE) explain the challenges many immigrant and refugee families encounter in adjusting to life in the United States, including integrating into the U.S. public school system.