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Determining Eligibility for McKinney-Vento

Resources | Forms | Laws and Guidance

The McKinney-Vento Homeless Education Assistance Act is federal legislation that discusses the public education of children and youth experiencing homelessness. In January, 2002, McKinney-Vento was reauthorized as Title X, Part C, of the No Child Left Behind Act. Click on the links below to get more information on determining eligibilty under the McKinney-Vento Act.

Frequently Asked Questions and Answers

Find answers to commonly asked questions about determining whether a student is eligible under the McKinney-Vento Act.

Resources

Determining Eligibility for Rights and Services Under the McKinney-Vento Act [PDF]

The McKinney-Vento Homeless Assistance Act defines "homeless children and youths" as "individuals who lack a fixed, regular, and adequate nighttime residence." However, because the circumstances of homelessness vary with each family's or unaccompanied youth's situation, determining the extent to which the family or youth fits the definition must occur on a case-by-case basis. This issue brief tool is designed to assist school and school district staff in applying the definition to individual children and youth to determine eligibility for rights and services under the McKinney-Vento Act.

School Selection Issue Brief [PDF]

The McKinney-Vento Act allows students to choose between the school of origin (the last school the student attended/the school the student was entitled to attend when the student was last permanently housed) and the local school (the school zoned for the area where the student is temporarily residing). This issue brief is intended to clarify this decision and assist in the decision-making process.

Delivering Educational Services to Students Experiencing Homelessness: The Challenges and Successes of New York State LEA Liaisons [Word doc]

This research report analyzes responses by New York State LEA liaisons to the 2006 NYS-TEACHS LEA Liaison Survey. The confidential Survey, completed by approximately 500 liaisons in New York State in the summer of 2006, focused on the successes and challenges in implementing the federal McKinney-Vento Homeless Assistance 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.

Forms

Enrollment Form - Residency Questionnaire [Word doc]

All LEAs that receive Title I Funds must have students complete and submit a residency questionnaire or enrollment form, which asks about students' living arrangements, in order to identify students experiencing homelessness in the school district.

Sample Local Educational Agency Education of Homeless Children Policy [Word doc]

Every LEA must have a homeless education policy to address the needs of students experiencing homelessness in the school district. This is a Sample LEA Homeless Education Policy that school districts may use as a model policy to ensure compliance with the McKinney-Vento Act.

Sample Enrollment Process for Students in Temporary Housing [Word doc]

Every LEA must ensure that students who are experiencing homelessness are immediately enrolled in school. This is a Sample Enrollment Process that school districts may follow as a model process for immediately enrolling students experiencing homelessness once they are identified as homeless.

Laws and Guidance

The McKinney-Vento Homeless Education Assistance Act [PDF]

Eligibility is discussed in Section 725(2).

New York State Education Law Section 3209 [Word doc]

Eligiblity is discussed in Section 3209(a)(2).

McKinney-Vento Field Memo Re: Guidance Regarding Shared Housing Affidavit - October 2009 [PDF]

This Field Memo from the State Education Education clarifies the use of shared housing and proof of residency affidavits in the enrollment of students claiming to be homeless under the federal McKinney-Vento Act and NYS Education Law and regulations

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