New York State Education Department (NYSED) Laws and Guidance - NYS-TEACHS

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Although the McKinney-Vento Act is a federal law, New York State laws clarify some of the federal protections and add more. Some important protections for New Yorkers are: Protecting the continued enrollment and transportation for students in their terminal year in a school building (such as their senior year in high school), even after they have found permanent housing; Assigning transportation responsibility to the designated district of attendance; Assigning transportation responsibility to the Local Department of Social Services (LDSS) under certain conditions; More specific information about summer school participation and transportation for students in temporary housing.

Documents dated before 2016 may not reflect the amendments to the McKinney-Vento Act as a result of the Every Student Succeeds Act (ESSA), the 2017 amendments to New York State Education Law Section 3209 and the Commissioner's Regulations.

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LAWS & GUIDANCE

Title I, Part A Set-Aside for Homeless Students: New Data Collection Procedures, Program Service Code 0892

NYSED Field Memo

This Memo from NYSED (May 2019) describes how LEAs should enter data in their student management systems on students served with Title I, Part A set-aside funds for students experiencing homelessness.

LAWS & GUIDANCE

NYS Field Memo: McKinney-Vento Summer School Information

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #01-2019 addresses the rights of students in temporary housing to participate in summer school.

LAWS & GUIDANCE

Charter School Guidance Q&A

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #03-2013 (May 2013) answers common questions related to how McKinney-Vento applies to Charter Schools.

LAWS & GUIDANCE

Homeless Guidance for Permanent Placement / McKinney-Vento Eligible Students and Tuition Reimbursement

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #06-2013 (September 2013) clarifies when a school district can receive additional state aid for instruction for the cost of educating a student in temporary housing and how to request such aid.

LAWS & GUIDANCE

Guidance Regarding Out-of-State/Country Children who become Homeless and Tuition Reimbursement

NYSED Field Memo

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.

FORMS & TEMPLATES

Housing Questionnaire

New York State 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. It 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.

LAWS & GUIDANCE

Information on Transportation of Prekindergarten Students under Four Years of Age

New York State Education Department

This NYSED memo provides information about student transportation safety for students under four years of age, including information on appropriate car seats and bus monitors.

LAWS & GUIDANCE

New York State Education Law Section 3209, Education of Homeless Children

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

LAWS & GUIDANCE

Sample Local Educational Agency McKinney-Vento Policy and the Accompanying Field Memo

NYSED Field Memo

On March 16, 2018, the New York State Education Department released an updated version of its Sample Local Educational Agency McKinney-Vento Policy.

NYSED’s McKinney-Vento Field Memo #01-2018 (March 2018) addresses the updates of the Sample Local Education Agency McKinney-Vento Policy.

LAWS & GUIDANCE

College Counseling and Access for Youth Experiencing Homelessness

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #03-2018 (April 2018) outlines the responsibilities of Local Educational Agencies to support students in temporary housing in pursuing college or other post-secondary opportunities.

LAWS & GUIDANCE

New York State Public Health Law Section 2164—Immunization

This State Public Health Law explains that students have 14 days (which may be extended to 30 days) during which they may attend school while the school is waiting for proof of immunization. Students in temporary housing have additional protections with regard to submitting proof of immunization.

LAWS & GUIDANCE

McKinney-Vento Guidance Regarding Shared Housing Affidavit

NYSED Field Memo

This Field Memo from the State Education Department 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.

LAWS & GUIDANCE

New York City Charter Schools and Community School District Preference for Homeless Students

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #03-2010 and follow-up Field Memo #03-2010 A (2010) describe the community school districts within NYC in which children who are homeless may claim preference in order to participate fully in charter school admissions lotteries.

FORMS & TEMPLATES

Designation of Person in Parental Relation Form

These “Designation of Person in Parental Relationship” forms allow a parent to assign education decision-making abilities to a “designee.”

LAWS & GUIDANCE

Homeless Testing Memo

New York State Education Department

This 2010 memo to school administrators addresses the potential barriers confronting homeless students taking state assessments.

LAWS & GUIDANCE

Extreme Weather Events in New York State and the McKinney-Vento Homeless Assistance Act

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #04-2012 (November 2012) describes how and when McKinney-Vento protections apply to students displaced by a disaster.

LAWS & GUIDANCE

Students Displaced by 2017 Hurricanes

New York State Education Department

This memo provides information and resources for local educational agencies (LEAs), including school districts, charter schools, and BOCES, regarding the rights of and services available to students displaced by recent Hurricanes Harvey, Irma, and Maria.

LAWS & GUIDANCE

Field Advisory: Diploma Options for Puerto Rican Students Displaced by Hurricanes Irma or Maria

New York State Education Department

NYSED and the Puerto Rico Department of Education (PRDE) have agreed to allow students who were displaced by Hurricane Irma or Maria and subsequently enrolled in a high school in New York State to be offered the opportunity to complete either the New York State diploma requirements or the requirements to earn a diploma from Puerto Rico.

LAWS & GUIDANCE

Educational Services for Recently Arrived Unaccompanied Children

New York State Education Department

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.

LAWS & GUIDANCE

District-Administered Pre-K Programs for Children in Temporary Housing

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #04-2015 (June 2015) provides guidance on the rights of students in temporary housing to access public preschool education programs offered by a school district.

LAWS & GUIDANCE

A Guide to Understanding the New Rules for School Registration

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.

LAWS & GUIDANCE

McKinney-Vento Homeless Education Assistance Act, Reauthorized by Title IX, Part A of the Every Student Succeeds Act (ESSA)

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).

LAWS & GUIDANCE

Guidance Relating to the Right of Individuals Over Compulsory School Age to Attend High School

New York State Education Department

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.

LAWS & GUIDANCE

Implementation of Changes to McKinney-Vento Homeless Act as a Result of Passage of Every Student Succeeds Act

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #03-2016 (September 2016) provides important information about how New York State school districts must implement the changes to the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) as a result of the enactment of the Every Student Succeeds Act (ESSA) in December 2015.

LAWS & GUIDANCE

Transportation from LDSS for Students Who Are Homeless

OTDA Administrative Directive

Under New York State law, in certain circumstances, the local social services is responsible for arranging and paying for transportation to and from school for students experiencing homelessness.

LAWS & GUIDANCE

Mandatory McKinney-Vento Homeless Assistance Training

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #04-2018 provides information regarding required training for McKinney-Vento liaisons to participate in professional development so that they can better identify and meet the needs of children and youth experiencing homelessness under the federal McKinney-Vento Act.

LAWS & GUIDANCE

Joint Guidance on State Requirements for Vaccinations

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #02-2015 (March 2015) provides important changes to New York Education Law Section 3209 governing the rights of students in temporary housing went into effect on April 20, 2017.

FORMS & TEMPLATES

Sample Enrollment Process for Students in Temporary Housing

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.

LAWS & GUIDANCE

Implementation of Changes to Education Law §3209 and Commissioner’s Regulation §100.2(x)

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #02-2017 (September 2017) provides important information about changes to Education Law §3209 and Commissioner’s regulation §100.2(x) impacting how New York State school districts and charter schools provide services to students experiencing homelessness.

LAWS & GUIDANCE

LEA Requirements for Implementing McKinney-Vento Dispute Resolution Process

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #02-2011 (July 2011) provides assistance to LEAs and McKinney-Vento liaisons in navigating the appeal process and to ensure compliance with timelines for submission of the required forms.

LAWS & GUIDANCE

Determining McKinney-Vento Eligibility for Students in Direct Placements

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #07-2015 (October 2015) 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.

GUIDES & FACT SHEETS

Allowable and Unallowable Uses for Title I Homeless Set-Aside Funding

New York State Education Department

All schools districts are required to set-aside a portion of their Title I, Part A funding for students experiencing homelessness. This document provides information about allowable and unallowable uses for Title I homeless set-aside funding.

LAWS & GUIDANCE

New York State Education Law Section 3212—Persons in Parental Relation

This State Education Law defines the term “person in parental relation” in cases where a student’s biological or legal parent is unavailable.

LAWS & GUIDANCE

New York State General Obligations Law, Title 15-A—Designation of Person in Parental Relation

This law addresses a parent’s power to designate a “person in parental relation” to a child.

FORMS & TEMPLATES

Sample Transportation Protocol

NYS-TEACHS

This Sample Transportation Protocol helps with communication and coordination between school districts and local departments of social services any time the local department of social services is responsible for arranging transportation for a student in temporary housing.

LAWS & GUIDANCE

Commissioner's Regulations Section 100.2(x) Updates

New York State Education Department

This NYSED Memo (September 2017) details the amendments to the Commissioner’s regulation governing homeless education (section 100.2(x)), which are effective July 1, 2017.

LAWS & GUIDANCE

New York Consolidated State Plan

The McKinney-Vento Act requires that all State Education Agencies submit a plan for the education of students who are homeless.

LAWS & GUIDANCE

New York State Education Law Section 3635, Transportation

This State Education Law addresses school transportation.