Tale from the Field: McKinney-Vento and Enrollment with an IEP

Many of the TEACHS helpline calls are to assist district liaisons determining eligibility.  Unique situations can make determining whether a student is eligible for the McKinney-Vento designation difficult.  The NYS TEACHS Helpline supports district liaisons in determining eligibility for students in unique circumstances and considers each situation on a case-by-case basis.  Please call the Helpline at 800-388-2014 for assistance in eligibility determinations.

The Tale

A district liaison called to discuss a McKinney-Vento eligible student who wants to enroll in their district. The student is currently living in District B and attending the District of Origin in District A. The early pickup times and long commute are becoming difficult and the family has decided to enroll in the District of Current Location, District B. The student has an IEP (Individualized Education Plan).

The family has started to complete the enrollment paperwork; however, the registration and special education departments are requesting additional paperwork be completed prior to registration and full enrollment. Some of the paperwork include special education forms requesting the IEP from the other district.  This requires the parents to complete another enrollment packet which they’ve been unable to access. This has begun to delay enrollment.

Questions to Consider:

1. How long should it take to enroll a McKinney-Vento student?

2. Does a Special Education student have the same McKinney-Vento rights as a non-special education student?

3. What if the school district needs additional documentation, like an IEP, in order to know where to best place and educate the student?

4. What if a district has enrollment policies in place requiring certain documents upon enrollment (i.e. proof of residency, special education paperwork, etc.) that the family is missing due to being displaced? 

5. What can the McKinney-Vento liaison do to support the family through the enrollment process?

Answers:

1. The McKinney-Vento Act requires schools to enroll students experiencing homelessness immediately, even if the student is unable to provide documents that are typically required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation. 42 U.S.C. §11432(g)(3)(C). Although the Act is silent on the definition of “immediate”, the standard dictionary definition is “without delay.” Therefore, the student must begin attending classes and participating fully in school activities without delay. Generally, that would mean the same or the following day.

2. Students with an IEP who are homeless have the same options as other students experiencing homelessness: the student can stay in their same school (also known as the school of origin) or can transfer to a local school (a school zoned for where the student is temporarily housed). 42 U.S.C. § 1414(d)(2)(c)(i). 

Additionally, students in temporary housing have the same right to special education services as permanently housed students in the school district. The McKinney-Vento Act and the Individuals with Disabilities Education Act (IDEA) work together to make sure that students in temporary housing with disabilities have their needs met. 42 U.S.C. § 11432(g)(5)(D); 20 U.S.C. § 1401(29).

3. While these documents are incredibly important to the student’s education, not having them yet, should not delay the initial enrollment of a McKinney-Vento student.  Schools should enroll the student immediately, per the McKinney-Vento Act, and then work to get the paperwork as soon as possible.  If a school is unsure of where to place a student (i.e. student academic and behavioral needs), they should have a conversation with the parents and previous district in order to support placement prior to receiving the IEP.

Once a newly enrolling district receives the IEP, the district should implement the IEP as it is written until the new district can convene a CSE (within 60 days) to reassess the student needs.

4. School districts must review and revise laws, regulations, policies, and practices that may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, children and youth experiencing homelessness. These barriers must be addressed in order to ensure that students experiencing homelessness are afforded the same free, appropriate public education as provided to other children and youth [42 U.S.C. § 11431(2). The terms “enroll” and “enrollment” include attending classes and participating fully in school activities [42 U.S.C. § 11434a(1)].

If the school has a certain enrollment process or policy (i.e. parents completing additional paperwork to request special education documents), that creates a barrier to immediate enrollment, then they must revise the process for this family.

5. The McKinney-Vento liaison acts as a support to both the school district and family.  The liaison should support the enrollment process and ensure all staff involved (i.e., registration, special education, transportation staff, and other administrators) are aware of the immediate enrollment requirement under the McKinney-Vento Act.  Additionally, they can support families by helping them complete paperwork, ensuring that they are aware of their rights, offering a tour of the school, and supporting the student as they transition to a new school. 

Resources

Housing Questionnaire- English

Housing Questionnaire - Spanish

McKinney-Vento Act: Support Students with Enrollment & School Selection 2025 Webinar

NCHE Brief on the intersection of Special Education and McKinney-Vento