The McKinney-Vento Act states that children and youth who lack “a fixed, regular, and adequate nighttime residence” will be considered homeless.

New York State Education Law Section 3209 
Requires immediate enrollment without records and the obligation of the enrolling school to obtain the immunization records or immunizations are discussed in Section 3209(2)(e)-(f). Click here to access content on the Laws page. 

Regulations of the Commissioner of Education Concerning Homeless Children and Youth   Section 100.2(x) 
Requires immediate enrollment without records and the obligation of the enrolling school to obtain the immunization records are discussed in Section 100.2(x)(4)-(5). Click here to access content on the Regulations page. 

Memos Related To Homeless and Displaced Students

• Educational Services for Recently Arrived Evacuees, Refugees, Immigrants and/or Unaccompanied Children (NYSED 4/22)
• Guidance to Local Education Agencies to Support Students Experiencing Homelessness (2/2021)
• The McKinney-Vento Act: Education of Children and Youth Experiencing Homelessness  (8/2019)
• NYSED Mandatory McKinney- Vento Homeless Assistance Act training 2018 Field Memo on the required training for McKinney-Vento liaisons under the federal McKinney-Vento Act. (8/2018)
• NYS Education Department Advises Schools on Rights of Students Displaced by Recent Natural Disasters - Mc Kinney- Vento Act on the requirement for immediate enrollment and free meals for displaced students without school records. (10/2017)
• Changes to Education Law §3209 and Commissioner’s Regulation §100.2(x) Education of Children and Youth Experiencing Homelessness-Provides information about Education Law §3209 and Commissioner’s regulation §100.2(x) impacting how NYS school districts and charter schools provide services to students experiencing homelessness. (9/2017)
• New York State Education Law Section 3209, Education of Homeless Children (Posted 4/17)
• Commissioner's Regulations Section 100.2(x) Updates (4/2017)
• District-Administered Pre-K Programs for Children in Temporary Housing NYS Field Memo (NYSED 06/15)
• Addendum to Joint Guidance on State Requirements for Vaccinations #02-2015 Field Memo on the requirements for vaccinations apply to students in temporary housing. (March 2015)
• Educational Services for Recently Arrived Unaccompanied Children guidance to school districts relating to registration policies and procedures. (September 2014) 
• Amendments to FERPA Affecting Students in Foster Care #02-2013 Field Memo regarding the right of child welfare agencies and to access educational records for students in the care and protection of child welfare agencies. (September 2013)

​USDE Guidance:

• Education for Homeless Children and Youths Program Non-Regulatory Guidance - Updated August 2018
• McKinney-Vento Homeless Education Assistance Act, Reauthorized by Title IX, Part A of the Every Student Succeeds Act (ESSA)

Page Updated 12/29/21