What You Need to Know About Homeless Student Rights

The McKinney-Vento Homeless Assistance Act protects the educational rights of students who are homeless. Those include the right to:

• Continue attending the school of origin (the school in which the child was last enrolled or the school the child attended when permanently housed) or to enroll in the zoned school in the area where the child temporarily resides;
• Receive transportation to and from the school of origin;
• Enroll immediately despite lack of proper documentation (immunizations, transcripts, proof of address, etc.);
• Receive free school meals;
• Receive services comparable to those offered to other students in the school.

McKinney-Vento defines a homeless child or youth as someone who does not have a regular, permanent and sufficient nighttime residence. This includes children who are living in shelters, hotels, camp grounds, cars, parks, public spaces, abandoned buildings, or other similar settings. It also includes children who are doubled-up in housing with friends or relatives and children who are unaccompanied homeless youth (youth not in the physical custody of a parent or guardian).

If the student is in the care of his/her parent, the parent will decide whether the student will remain in the school of origin or the school of current location. If the student is an unaccompanied youth, he/she can choose whether to continue attending the school of origin or the school of current location. Unaccompanied homeless youth have the same rights as homeless students who reside with a parent or guardian.

Homeless children with disabilities have the same rights as other students. If they wish to continue attending their school of origin, they may do so, and they are entitled to transportation. If a student with a disability wants to transfer to a school that serves their current location, the NYC Department of Education’s Family Welcome Center or Committee on Special Education will help find a new school where the child will get the special education services he/she needs.

Each borough has several Liaisons for Students in Temporary Housing who are available to help answer questions and fix problems. For a list of Liaisons, head here.

If there is a disagreement about where a child should be enrolled, the child must be immediately enrolled in the school in which he/she wants to enroll, until the dispute is resolved. The parent must be given a written explanation of the school’s enrollment decision. The parent has the right to appeal the decision. The Liaison for Students in Temporary Housing can assist with the appeal.

The parent will be referred to the Liaison, who will assist the parent with filing an appeal to the State Education Department within 30 days of the initial decision regarding school placement. The Liaison will provide the parent with a copy of the written procedure for appealing, assist the parent in completing the petition, make necessary copies of appeals papers, and transmit the appeal to the State Education Department. Transportation to the student’s selected school of enrollment will be provided until the dispute is resolved.

All homeless students who choose to stay in their original school are eligible for free transportation. The NYC Department of Education provides different kinds of transportation depending on the student’s age:

• Homeless students in grades Pre-K-6, and students in 7th and 8th grade who have Individualized Education Programs (IEPs), who reside in a shelter overseen by the Department of Homeless Services are entitled to yellow bus service.
• Homeless students in grades PreK-6, and students in 7th and 8th grade who have IEPs, who reside in temporary housing that is not a DHS shelter (e.g., a motel, doubled-up in housing with a friend or relative, or another temporary setting) are entitled to yellow bus service if there is a route available. If a route does not exist, they are entitled to a free MetroCard.
• Homeless students in grades 7-12 are entitled to a free MetroCard.
• Parents of children in Pre-K-6th grade are entitled to MetroCards to accompany their children to and from school.

The New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) can provide more information and help. Contact them online, or on their toll-free hotline at 800-388-2014.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.