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

• 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 (4/2017)
• Commissioner's Regulations Section 100.2(x) Updates (4/2017)
• 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 09/16/21