New York State Technical and Education Assistance Center for Homeless Students

Students who transfer schools often do worse in school than those who don't transfer. The McKinney-Vento Act can help solve this problem by allowing students to stay in the same school and get free transportation.

FAQs: Enrollment and Attendance

The McKinney-Vento Act requires school districts to immediately enroll students experiencing homelessness, even if the student is unable to provide documents typically required for enrollment, such as school records, medical records including immunization records, proof of residency, guardianship papers, birth certificate, or other documents normally needed. (M-V Section 722(g)(3)(c)(i)).

Who is responsible for getting the documents normally needed for enrollment for students who are homeless?

The enrolling school has the responsibility to get the student's records from the former school. Within five days of receiving a records request from the new school, the district in which the student was last enrolled must forward all records to the new school. Students have the right to attend classes while the school waits for the student's records. (M-V Section 722(g)(3)(C); N.Y. Educ. Law § 3209(2)(e); 8 N.Y.C.R.R. § 100.2(x)(4)(ii)).

Can a school require that a student who is homeless provide proof of residence before enrolling the student?

No. Students who are homeless are entitled to immediate enrollment and are not required to submit the documents normally needed for enrollment. Often times, students experiencing homelessness have no official documentation of where they are currently living. However, if there is any question about where the student is currently residing or if the school does not believe the student is homeless, the school district may conduct an investigation after immediately enrolling the student in school. See section on dispute resolution.

Can a previous school refuse to send records due to fees owed for textbooks, etc.?

No. In this case, the school would be creating a barrier to the enrollment and retention of the child in school, which violates the McKinney-Vento Act. (M-V Section 722(g)(1)(I)).

Can a previous school transfer records to the new school without a parent's signature?

Yes. The Family Education Rights and Privacy Act (FERPA) protects the privacy of educational records and generally requires schools to have written permission from a parent before releasing any information from a child's records; however, FERPA [PDF] allows schools to release records to schools to which a student is transferring without permission from the parent. (20 U.S.C. § 1232(g)).

Are students in temporary housing allowed to enroll in after-school programs?

Yes. Districts must make sure that students in temporary housing have the same access to programs and services available to permanently housed students. This includes both before- and after-school programs. (M-V Section 722(g)(4)).

Can a district refuse to enroll undocumented immigrants, i.e. immigrants who are in this country illegally, who are temporarily housed?

No. Undocumented students have the same right to attend public schools as U.S. citizens. (Plyler v. Doe, 457 U.S. 202 (1982)). If the undocumented student is designated as homeless, the student has the same rights and protections under the McKinney-Vento Act as would a U.S. citizen.

Can a student who has been attending private school, becomes homeless, and is temporarily living in another school district enroll in the public school in the district of origin?

Yes. Under state law, a student who is homeless has the right to attend school in the district where she was last permanently housed. (N.Y. Educ. Law § 3209(1)(c) 8 N.Y.C.R.R. § 100.2(x)(1)(iv)).

Does a student who has identified himself as homeless have the right to enroll in school, even if the school does not believe the student is temporarily housed?

Yes. The school district must immediately enroll the student, after which time they may begin an investigation into the student's living situation to determine whether or not the student has the right to enroll in the particular school. (M-V Section 722(3)(E)(i)). For more information about this process, please see Dispute Resolution & Appeal Process FAQs.

Can a student be held accountable for absences caused by homelessness?

No. Absences caused by homelessness cannot be counted against students. Students in homeless situations will oftentimes miss days of school because of their living situation. For example, if a family is evicted from its home and is bouncing around from one family member's home to another, the student may miss several days of school. (M-V Section 722(g)(1)(I), (g)(7).

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