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.

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Federal Information, Regulations and Guidance

Click the links below to find information about Federal programs and the rights of students experiencing homelessness, and get Federal guidance on the McKinney-Vento Act.

Education for Homeless Children and Youth Program: Non-Regulatory Guidance [PDF]

This non-regulatory guidance for the McKinney-Vento Act clarifies LEA and SEA responsibilities regarding the Act, and provides answers to commonly asked questions about the Act.

Title I: Improving the Academic Achievement of the Disadvantaged—Regulations [PDF]

The Title I program protects students at risk of failing in school, including students experiencing homelessness. These regulations cover the changes to Title I of the Elementary and Secondary Education Act (ESEA) which were enacted by the No Child Left Behind Act of 2001.

Title I, Part A Set-Aside for Homeless Students Q & A [PDF]

LEAs receiving Title I, Part A funds must set aside a portion of those funds to serve students who are homeless. This document addresses commonly asked questions about the mandatory set-aside, including how districts may determine how much funding to set aside for students in temporary housing situations.

Head Start Program Memo[PDF]

This memo provides guidance for Head Start agencies for the enrollment of temporarily housed children into the Head Start Program.

USDA Guidance for Homeless Children in School Nutrition Programs [PDF]

Students who have been designated as homeless are categorically eligible for free meals offered by the school district. This guidance explains the process by which LEA liaisons apply for free meals on behalf of students in temporary housing in the district.

Individuals with Disabilities Education Act of 2004—Regulations [PDF]

The Individuals with Disabilities Education Act (IDEA) supports students with special needs. These regulations took effect in October of 2006 and discuss the changes to the Individuals with Disabilities Education Improvement Act of 2004.

Violence Against Women and Justice Department Reauthorization Act 2005 [PDF]

The Violence Against Women Act (VAWA) prohibits public housing agencies from denying public housing or Section 8 housing voucher assistance because an applicant has been a victim of domestic violence or stalking. VAWA also prohibits project-based Section 8 landlords and private landlords accepting housing vouchers from refusing to rent to an individual because she has been a victim, and the law clarifies that domestic violence or stalking does not provide public housing agencies and subsidized landlords with good cause for terminating the tenancy or voucher of the victim of that activity.

Family Educational Rights and Privacy Act (FERPA) [PDF]

The Family Educational 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. FERPA does, however, allow schools to release records to schools to which a student is transferring without permission from the parent.