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

NYS Regulations of the Commissioner

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

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 is discussed in Section 100.2(x)(4)-(5).

NYSED 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 (NYSED 2/21)
• The McKinney-Vento Act: Education of Children and Youth Experiencing Homelessness  (NYSED 8/19)
• Mandatory McKinney- Vento Homeless Assistance Act Training (NYSED 8/18)
• Students Displaced by Recent Hurricanes (NYSED 10/17)
• Implementation of Changes to Education Law §3209 and Commissioner’s Regulation §100.2(x) Education of Children and Youth Experiencing Homelessness (NYSED 9/17)
• Commissioner's Regulations Section 100.2(x) Updates (NYSED 8/17)
• District-Administered Pre-K Programs for Children in Temporary Housing (NYSED 6/15)
• Educational Services for Recently Arrived Unaccompanied Children (NYSED 9/14)

​United States Department of Education Guidance

Education for Homeless Children and Youths Program Non-Regulatory Guidance  (USDE 8/18)

Page Updated 7/7/22