McKinney-Vento Act
McKinney-Vento Act
Overview
The McKinney-Vento Act states that children and youth who lack "a fixed, regular, and adequate nighttime residence" are considered homeless.
McKinney-Vento Eligible Student Rights
McKinney-Vento eligible students have the right to:
- Receive a free, appropriate public education
- Enroll in school immediately, even if lacking documents normally required for enrollment or having missed application or enrollment deadlines during any period of homelessness
- Enroll in school and attend classes while the school gathers required documents
- Continue attending their school of origin, or enroll in the local attendance area school if attending the school of origin is not in the student's best interest or is contrary to the request of the parent, guardian, or unaccompanied youth
- Receive transportation to and from the school of origin, if requested by the parent or guardian, or by the local liaison on behalf of an unaccompanied youth
- Receive educational services comparable to those provided to other students, according to each student's individual needs
Transportation Eligibility
Under the McKinney-Vento Act and New York Education Law § 3209, students in temporary housing are entitled to transportation to their school of origin. Transportation protections include:
- To the school of origin: Transportation to the school the student attended when last permanently housed—up to 50 miles each way—or to the most recent school attended, even if the school is in a different school district from where the student is temporarily living
- Continued access: Continued transportation to the same school for the remainder of the academic year when the student moves into permanent housing, even if the new housing is located outside the school district
- Extended eligibility in New York State: Transportation is also provided for an additional year after the student moves into permanent housing if that year is the student's final year in the school building (for example, 12th grade)
- Same-district enrollment: If a student in temporary housing attends school in the same district where they are temporarily housed, they receive the same transportation as permanently housed peers. If permanently housed students do not receive transportation and the lack of transportation creates a barrier for a student in temporary housing, the district must supply transportation to overcome that barrier
- Extracurricular activities and Summer School: Transportation to extracurricular activities and summer school if the lack of transportation would prevent the student from participating
District Responsibility
In New York State, the school district where the student attends school is responsible for providing transportation. In some cases, the local Department of Social Services (DSS) shares this responsibility—for instance, when a student has been placed in a shelter outside the school district and is eligible for Emergency Assistance for Families. The local DSS may fulfill this responsibility by requesting that the school district provide transportation and reimbursing the district for those costs.
Click here to view Policy 7130 School Admissions
Click here to view NYSED McKenney-Vento Homeless resources