Leyes y directrices del Departamento de Educación del Estado de Nueva York

Joint guidance from the New York State Education Department, the Office of the Attorney General, and the Office of the Governor related to safeguarding the rights of immigrant students in New York State.

New York State Education Department

This NYSED Memo details that at the July 2024 Board of Regents meeting, the Board approved as an emergency adoption the amendment of Section 100.2 of the Regulations of the Commissioner of Education relating to completion of federal and state financial aid applications by seniors enrolled in school districts.

Under the federal McKinney-Vento Act, as reauthorized by the Every Student Succeeds Act
(ESSA), McKinney-Vento liaisons are required to participate in professional development so they
can better identify and meet the needs of children and youth experiencing homelessness (42 U.S.C.
§§ 11432[f][6] & [g][6][A][ix]). The New York State Education Department (NYSED or “the Department”) requires that the McKinney-Vento liaison from each local educational agency (LEA)
attend at least one of the professional development sessions offered by the Department’s technical
assistance center, New York State -Technical and Educational Assistance Center for Homeless Students (NYS-TEACHS), by June 30, 2025, to comply with the federal training requirement.

All LEAs are required to maintain processes to promptly address disputes related to a child’s
eligibility under the McKinney-Vento Act, including, but not limited to, disputes regarding a
student’s status as a homeless child or unaccompanied youth, school selection, and transportation.

This memo outlines required actions under the McKinney-Vento Act that LEAs must take to support students experiencing homelessness during the summer break. Additionally, it provides suggested strategies for LEAs to fulfill the requirements described.

This memo is to inform Local Education Agencies (LEAs) of the educational rights of students who are evacuees who may be living in temporary housing. With many Afghan evacuees being resettled in the United States in recent months, there may be some confusion about the services these students are eligible to receive under Title VI, subtitle B of the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act).

NYS Education Department

The purpose of this field memo is to assist Local 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.

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 Hurricanes Harvey, Irma, and Maria in 2017.

NYSED Field Memo

On December 14, 2023, The Office of ESSA-Funded Programs has released a memorandum to remind LEAs of the requirements related to the review and revision of LEA policies on the Education of Students in Temporary Housing. The memorandum addresses the updated version of the Sample Local Education Agency McKinney-Vento Policy.

LEAs are required to periodically review and revise policies for students in temporary housing to ensure that there are no barriers to school attendance and participation (see 42 U.S.C. § 11432(g)(1)(I) and Education Law § 3209(6)(b)).

This memo outlines required actions under the McKinney-Vento Act that LEAs must take to support students experiencing homelessness during the summer break. Additionally, it provides suggested strategies for LEAs to fulfill the requirements described.

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. Read this Administrative Directive to find out more about when the local department of social services is responsible for a student’s transportation.

New York State Education Department

This memorandum from the New York State Education Department (NYSED) Office of Early Learning and the Office of Educational Management Services provides information about student transportation safety for students under four years of age, including information on appropriate car seats and bus monitors.

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.

New York State Education Department

This 2010 memo to school administrators addresses 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 should work to make sure that homeless students are not denied access to these examinations.

NYSED Guidance

This August 2019 guidance from NYSED provides basic information on the educational rights of students in temporary housing in NY State, including information on other NYSED guidance, forms, and resources.

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. Starting in the 2018-19 school year, all LEAs must report this information for individual students through the Student Information Repository System using Program Service Code 0892.

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.

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.

In general, while States are not required to submit State plans which conform to all of the new ESSA provisions until 2017, ESSA required that State educational agencies and local educational agencies begin implementing the new McKinney-Vento requirements by October 1, 2016.

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.

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #01-2015 (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.

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.

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. It also provides guidance to school districts on outreach and identification of preschool age temporarily housed children, how to request funding and seek class-size variance requests for programs that may already be full, and other early childhood education programs and services that may be available.

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #03-2018 (April 2018) outlines the responsibilities of Local Educational Agencies (LEAs, including school districts, charter schools, and BOCES) to support students in temporary housing in pursuing college or other post-secondary opportunities. The memo identifies best practices and provides helpful resources LEAs can use to satisfy these responsibilities.

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 including: how to determine which school district pays the charter school tuition, who provides transportation, and basic information about reimbursement.

The COVID-19 pandemic created unprecedented challenges for LEAs and families across New York State. In response, LEAs have strengthened connections, promoted mental wellness and resilience, and supported everyone in their return to school. As LEAs plan for summer school and other summer programming, it is essential to consider the needs of children and youth experiencing homelessness, who have faced disproportionate educational challenges during the COVID-19 pandemic.

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. For more information, please see our page on immunizations.

This website is the law that addresses a parent’s power to designate a “person in parental relation” to a child. If a parent is unable to make education-related or medical decisions for a child, they may temporarily designate another person to make those decisions on behalf of the student.

This law addresses a parent’s power to designate a “person in parental relation” to a child. If a parent is unable to make education-related or medical decisions for a child, they may temporarily designate another person to make those decisions on behalf of the student.

This State Education Law addresses school transportation. For more information about transportation for students who are homeless, please see our transportation page.

This State Education Law defines the term “person in parental relation” in cases where a student’s biological or legal parent is unavailable. For more information about unaccompanied youth, please refer to the Unaccompanied Youth page on this website.

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.

The McKinney-Vento Act requires that all State Education Agencies submit a plan for the education of students who are homeless. The New York Education Department’s homeless education plan is included as part of its Consolidated State Plan under the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA). The homeless education portion of New York’s Consolidated State Plan can be found on pages 197-205.

The Consolidated State Plan was issued in March 2017 and finalized in January 2018.

A follow-up memo, NYSED’s McKinney-Vento Field Memo #03-2010 A (October 2010) provides answers to questions on this topic and is meant to clarify the memo above.

NYSED Field Memo

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

NYSED Field Memo

NYSED’s 2020 McKinney-Vento Field Memo discusses the rights of students in temporary housing to participate in summer school. This memo reviews access to summer school for students in temporary housing, including fee waivers, transportation, and the use of Title I set-aside funding.

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).

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo 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. Federal law also requires that McKinney-Vento liaisons ensure that local educational agency (LEA) personnel providing McKinney-Vento services (e.g., superintendents, registrars, transportation directors, CSE chairs, school counselors, school social workers, principals, Title I directors, teachers) receive professional development. Liaisons can do this by either providing the training to staff themselves or by ensuring that LEA staff participate in one of the trainings offered by NYS-TEACHS.

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. They reflect changes to the federal McKinney-Vento Act that were made under the Every Student Succeeds Act (ESSA). Immediate enrollment and immunizations are discussed in sub-section (2)(e)-(f).

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.

NYSED Guidance

NYSED and the Office of the Attorney General released this guidance to assist local education agencies in their obligations to students experiencing homelessness to help ensure that they are connected to education and other supports. Due to the COVID-19 pandemic, the number of children experiencing homelessness has likely increased, and identifying these students has become more difficult due to remote instruction across the state. This guidance reminds local education agencies of their obligations to students experiencing homelessness and provides available resources to assist local education agencies with their efforts.

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. This applies to students who had attained 10th, 11th, or 12th grade in Puerto Rico by October 2017. This field memo provides information on the PRDE graduation requirements, the process to request a Puerto Rico high school diploma, and how to code students in SIRS. For more information, contact the Office of Bilingual Education and World Languages at (518) 474-8775.

New York State Education Department

This memo provides information about transportation of students post-Superstorm Sandy, including students attending nonpublic schools. However, please note that transportation protections, privacy protections, and access to pre-school programs, for example, have been expanded under state and federal law since the memo was published.

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.

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. They were updated to conform to the changes in the McKinney-Vento Act as a result of the Every Student Succeeds Act and the recent changes to N.Y. Education Law Section 3209.