Students are entitled to immediate enrollment in school, even if they don't have their immunization records or any other documentation needed for enrollment. It is the responsibility of the enrolling district to get the records, including immunization records, from the district where the student was last enrolled. The district where the student was last enrolled has five days to forward the records. If a student in temporary housing is missing any immunizations, the student should be referred to the district's McKinney-Vento liaison who must help the student obtain the necessary immunizations.
Laws & Guidance
McKinney-Vento Homeless Education Assistance Act, Reauthorized by Title IX, Part A of the Every Student Succeeds Act (ESSA)
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).
Guides & Fact Sheets
Memo from Dr. Elders regarding Immunizations
This memo from former Surgeon General Dr. Elders discusses the importance of immediate enrollment and the harm that otherwise may impact students in temporary housing when they are denied immediate enrollment in school. It also points out that students can be enrolled, without immunization records, without endangering public health.
About the Source
The National Association for the Education of Homeless Children and Youth (NAEHCY) is a national membership association dedicated to ensuring educational equity and excellence for children and youth experiencing homelessness.
Laws & Guidance
New York State Education Law Section 3209, Education of Homeless Children
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.
Laws & Guidance
New York State Public Health Law Section 2164—Immunization
This State Public Health Law explains that students have 14 days (which may be extended to 30 days) during which they may attend school while the school is waiting for proof of immunization. Students in temporary housing have additional protections with regard to submitting proof of immunization.
Forms & Templates
Referral Templates for McKinney-Vento Liaisons
McKinney-Vento Liaisons are required to refer students and families to key services and supports. These supports include early education, health and mental health care, housing, and other appropriate supports. Our template referral lists are intended to help you streamline your referral process and/or provide information that may be needed in a sensitive manner. Please note that these forms don’t replace individualized assistance; they are meant to give you and your families a starting point and summary of local referrals.
The New York State Immunization Information System
The New York State Immunization Information System (NYSIIS) is a registry of immunization information for children and youth 19 years old and younger. The system aims to establish a complete, accurate, secure, real-time immunization medical record that is easily accessible and promotes public health by fully immunizing all individuals appropriate to age and risk. Health care providers have access to the immunization information system. In addition, schools may access the immunization information system for verifying eligibility for admission.