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: LEA Responsibilities

The McKinney-Vento Act requires every Local Educational Agency (LEA) or school district to "designate an appropriate staff person" to serve as the LEA liaison for the school district. This person is responsible for ensuring the immediate enrollment of and securing transportation for students experiencing homelessness in the school district. (M-V Section 722(g)(I)(J)(ii)).

What are the responsibilities of LEA liaisons?

Liaisons have the responsibility to ensure that:

• Homeless children and youth are identified by school personnel and through coordination activities with other agencies;
• Homeless children and youth enroll in, and have a full and equal opportunity to succeed in, schools of that LEA;
• Homeless families, children and youth receive educational service for which such families and youth are eligible;
• The parents/guardians of homeless children and youth are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in their children’s education;
• Public notice of the educational rights of homeless children and youth is disseminated where such children and youth receive services, such as schools, family shelters, and soup kitchens;
• Enrollment disputes are mediated; and
• The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin.

(M-V Section 722(g)(6)(A)).

Must a Board of Cooperative Educational Services (BOCES) and charter school designate a LEA liaison?

Yes. The New York State Education Department has concluded that charter schools and BOCES are both LEAs under the McKinney-Vento Act; therefore, charter schools and BOCES must comply with the McKinney-Vento Act’s provisions including designating a LEA liaison. (Revision to Q & A on Education of Homeless Students, Guidance Issued by Shelia Evans-Tranumn, Associate Commissioner, New York State Education Department, June 2004).

If a student’s temporary housing is located in a different school district from the school district of origin, which district is fiscally responsible for the student’s education?

If the student chooses to attend the local school and it is located in a different district than where the student was last permanently housed, then the local school district is eligible for tuition reimbursement by the State Education Department (SED). SED will then seek a tuition charge back from the school district of origin. If the student chooses to attend the district of origin, that district is fiscally responsible for the student’s education. (N.Y. Education Law § 3209(3)).

Can a school receive additional funding for enrolling a homeless student?

Districts can receive tuition reimbursement from SED for students who are homeless and who were last permanently housed in a different district. However, districts are not entitled to tuition reimbursement if the student continues to attend school in the district of origin (the district where last permanently housed). (N.Y. Education Law § 3209(3)).

Can an LEA liaison disclose a student’s homeless designation to others within the district, such as teachers and administrators?

Yes, if it is for the purpose of data collection or of better meeting the student’s educational needs. The heightened need for sensitivity regarding students in temporary housing demands a cautious approach by the district. Policies for disclosure of student housing status among school personnel must clearly state that McKinney-Vento eligible students must neither be stigmatized nor segregated. To maintain confidentiality of housing status in district data collection systems, it is recommended that districts use codes or indicators (i.e. non-stigmatizing language describing living situations) in the student information system for children and youth in homeless situations. Furthermore, it should be made clear that the purpose of disclosure is for the mobilization of school-based supports for students exhibiting and/or experiencing stress due to housing status. Finally, districts should ensure that school personnel are aware of McKinney- Vento’s protections and are trained to respectfully manage this sensitive information.

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