Unaccompanied Youth

This Guidance from the Family Policy Compliance Office (FPCO) at the U.S. Department of Education, “Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters,” includes information that can help unaccompanied youth and their caregivers in accessing student educational records. The Guidance clarifies in question 3 that caregivers can access a student’s educational records, even if they are not legal guardians and are not related to the student. The Guidance also explains in questions 5 and 6 that schools can give unaccompanied youth full access to their own records, even when they are under 18. (After they turn 18, students also have the right to access their records.)

School districts may develop a caregiver form that establishes the responsibilities of caregivers and requests caregivers’ contact information in place of traditional proof of guardianship for unaccompanied youth. This form is not required, but may be helpful to schools and to students. Such forms should be carefully created to avoid barriers to a student’s full participation in school and should never lead to delays in enrollment because unaccompanied youth are entitled to immediate enrollment under the McKinney-Vento Act. 42 U.S.C. § 11432(g)(3)(C).

United States Department of Education

This July 29, 2015, Dear Colleague letter from the U.S. Department of Education provides guidance for financial aid administrators on the definition of homelessness, how to make determinations, and how to document students’ status. It revises the prior policy so that all applicants under age 24, including those who are 22 or 23 years old, are unaccompanied and experiencing homelessness, or are self-supporting and at risk of being homeless, qualify for a homeless youth determination and will be considered independent students.

The U.S. Department of Education’s Application and Verification summary of the relevant sections provides instructions and guidance to financial aid administrators and counselors who help students fill out the Free Application for Federal Student Aid (FAFSA). The 2017-18 edition contains important information on unaccompanied homeless youth.

United States Department of Education

The U.S. Department of Education’s Application and Verification Guide provides instructions and guidance to financial aid administrators and counselors who help students fill out the Free Application for Federal Student Aid (FAFSA). The 2017-18 edition contains important information on unaccompanied homeless youth.

This template form from SchoolHouse Connection can be used by LEA liaisons, HUD-funded shelter staff, and RHYA shelter staff for verifying a student’s status as an unaccompanied homeless youth for the FAFSA.

This NCHE brief includes a summary of education legislation prior to 2012 that gives unaccompanied homeless youth access to educational supports and provides examples of practices that high schools, colleges, and universities have used to assist these students in succeeding.

Please note: this guidance does not include changes made by the Every Student Succeeds Act (ESSA) to the Elementary and Secondary Education Act (ESEA) which added new protections for students in temporary housing.

The McKinney-Vento Homeless Education Assistance Act is a federal law that protects the public education of children and youth experiencing homelessness. The text attached here is the latest version of the law since it was reauthorized on December 10, 2015 by Title IX, Part A of the Every Student Succeeds Act (ESSA).

This brief explores caregiver living situations and offers strategies that local homeless education liaisons (hereafter referred to as local liaisons) and school staff can implement to ensure that these students and their caregiver families receive appropriate services.

NYSED Field Memo

This 2021 Memo from the New York State Education Department outlines important information and resources for Local Education Agencies (LEAs) regarding the rights of and services available to recently arrived unaccompanied children and youth. The memo includes information and guidance about immediate enrollment, free school meals, immunizations, and the English-Language Learner (ELL) identification process for unaccompanied children and youth.

NRS’ Home Free Program, a collaboration with Greyhound Lines, helps reunite runaway youth with their families, or an alternative living arrangement, through a free bus ticket home. The program has reunited more than 17,000 youth with their families. By connecting to NRS at 1-800-RUNAWAY or 1800RUNAWAY.org, youth can initiate the process to return home or to a safe alternative.

NYS Education Law Section 3209 describes the rights of students in temporary housing in New York State.

Important changes to New York Education Law Section 3209 went into effect on April 20, 2017. The changes to this law reflect changes to the federal McKinney-Vento Act that were made under the Every Student Succeeds Act (ESSA). Below, along with the link to download the new text of the law, you will find a link to a marked-up version of Education Law § 3209 that highlights the changes.

View and download the "New York State General Obligations Law, Title 15-A" & "Designation of Person in Parental Relation Form" and the "OCFS Designation of Person in Parental Relationship Form.

This law addresses a parent’s power to designate a “person in parental relation” to a child. If a parent is unable to make education-related or medical decisions for a child, they may temporarily designate another person to make those decisions on behalf of the student.

Visit the website about this law and how it addresses a parent’s power to designate a “person in parental relation” to a child. If a parent is unable to make education-related or medical decisions for a child, they may temporarily designate another person to make those decisions on behalf of the student.

This website lists all of the New York State Youth Bureaus by county. Youth Bureaus provide many programs and resources that support youth, from after-school activities to support groups.

United States Department of Education

On March 2, 2017, the U.S. Department of Education (DOE) revised the Non-Regulatory Guidance for the Education for Homeless Children and Youths Program. This revised Non-Regulatory Guidance replaces the July 2016 Guidance and includes new questions and answers on the amendments to the McKinney-Vento Act made by the Every Student Succeeds Act (ESSA), which took effect on October 1, 2016, and new technical assistance on promising practices for implementing homeless education requirements at the State and local levels.

New York State Education Department

Youth who are temporarily living in Runaway and Homeless Youth (RHY) shelters and who attend their school of origin in a different district from the shelter must receive free transportation to and from school. The school district of attendance must provide transportation and will be eligible for full reimbursement by NYSED. To arrange reimbursement, school districts should submit this form to:

Jillena Strevell
Jillena.Strevell@nysed.gov
NYSED, P.O. Box 7256
Albany, NY 12224

Please send the completed form with a cover letter that includes:

* your school district’s federal ID number;

* the address where the reimbursement check should be sent;

*the name of the runaway and homeless youth shelter;

*the address of the runaway and homeless youth shelter;

* contact information for the Director of the runaway and homeless youth shelter; and

* an assurance from the school district that the facility is a runaway and homeless youth shelter.

This Toolkit was developed by and for advocates in the runaway and homeless youth (RHY) and domestic and sexual assault (DV/SA) fields to help programs better address relationship violence with runaway and homeless youth.

This document was created by the National Association for the Education of Homeless Children and Youth (NAEHCY) and the National Association of State Directors of Special Education (NASDSE) to help school districts ensure that unaccompanied youth who are homeless and who have disabilities are able to access special education services.

This 2015 report from The Urban Institute documents the experiences of LGBTQ youth in New York City who get involved in the commercial sex market in order to meet basic survival needs, or access food or shelter.

This NCHE resource is useful to determine whether youth on their own are McKinney-Vento-eligible.

NCHE Brief

This NCHE brief reviews basic information about the rights of unaccompanied youth experiencing homelessness and explains what LEA liaisons can do to assist these students.

This report and its accompanying resources from the National Runaway Switchboard provides new research that sheds light on the runaway problem in America and begins to fill in the gaps of what is already known and what can be done to prevent young people from running away.