Students Experiencing Homelessness- Know Your Rights

Students Experiencing Homelessness- Know Your Rights

Legal Framework– Commissioner’s Regulations Part 100, Section 100.2(x): Requirements Relating to McKinney-Vento Homeless Assistance Act TERMS 

Quick Facts- 

• The educational rights of homeless students in NY are protected by the McKinney-Vento Homeless Assistance Act. This act provides homeless students with a right to free school meals and services that are comparable to those offered to students at school. 

• Homeless students are entitled to immediate enrollment in the school, regardless of whether the student lacks the required documentation such as proof of address.  

• Under McKinney-Vento, a homeless child is generally defined as a child who “lacks a fixed, regular, and adequate nighttime residence”. This includes children who are sharing the housing of others due to loss of housing or economic hardship or a similar reason, or, children living in hotels, motels, trailer parks, or camping grounds due to due to the lack of alternative adequate accommodations, or, children living in emergency or transitional shelters. 

• If a child is homeless, they have the right to designate their school of choice. Homeless children can enroll in either-  

(1) the school district where the student is currently temporarily housed, known as the “school district of current location”; or 

(2) the school district where the student last permanently resided before becoming homeless, known as the “school district of origin”. 

• Homeless students are also entitled to transportation services to and from their designated school district of choice.  

Experiencing this Issue? What You Can Do- 

• Every school district has a McKinney-Vento liaison who should be available to assist you with any of your McKinney-Vento related questions. If you need to initiate an appeal of any adverse residency/homelessness determination, the liaison must, upon request, provide you with the Form Petition and assist you with completing the Form Petition, if needed. 

• In the case of homeless students ONLY—a temporary Stay Order is automatically put in place, which allows a student to remain in school for the entire duration of the appeal process. Under a Stay Order, the school district must immediately enroll and transport a homeless student back and forth to school until a final decision on the issue is made by the Commissioner of Education, which can take up to several months. 

• NYSED’s website has helpful sample forms that are specific to McKinney-Vento related appeals. 

  This page was last updated on December 10, 2025.