The Department of Education (DOE) is required to educate children who are homeless or living in temporary housing. Federal law (the McKinney-Vento Homeless Assistance Act) defines "homeless" as living somewhere that is not "fixed, regular, and adequate." 

So, students are considered homeless if they:

• live in  a shelter, transitional shelter, motel, or campground; a car, bus, or train; or a park, abandoned building, or other public place
• have been abandoned or are awaiting foster care
• must double up with friends or relatives due to loss of housing or economic hardship.

On this page: Know your education rights | Where to get help and information | How to enroll in school or change schools

Know your rights

Children who are homeless are entitled to:

• A free public education
• Attend school no matter how long they have lived at their current location
• Stay in their school of origin (the school they attended before becoming homeless or the last school they attended) or immediately enrolling in and attending their new local school
• Services comparable to those provided to other students at the school, including programs in vocational and technical education, gifted and talented programs, programs for children with disabilities, and programs for students learning English
• Transportation to and from their school of origin, even if they are living outside district lines, and even if transportation is not available to permanently housed students
• The same transportation services to and from the new local school that are offered to permanently housed students

In short, students who live in temporary housing must not be denied school enrollment just because of their living situation or because they lack enrollment documentation.

If a dispute arises over school selection, enrollment, transportation, or the question of whether or not a student is homeless, the student must be admitted immediately to the school where she is seeking enrollment pending resolution of the dispute. Once there is a decision made, the parent/guardian must be provided with a written explanation of the school's decision and be informed of the right to appeal. Your district has a liaison (called a "Students in Temporary Housing Content Expert" in New York City) who is required to assist you with the dispute resolution process.

Where to get help and information

• NYS-TEACHS (the New York State Technical and & Education Assistance Center for Homeless Students) is a project of Advocates for Children of New York funded by the New York State Department of Education. It provides assistance to families, students, school districts, social service providers, shelters, and others about the rights and services guaranteed to homeless students under McKinney-Vento. The  NYS-TEACHS  website is a great source for information regarding the rights of students experiencing homelessness or residing in temporary housing.  You can also call their toll free hotline at (800) 388-2014.
• In New York City, the Department of Education's Students in Temporary Housing (STH) program has liaisons in every borough.  These liaisons (also known as "STH Content Experts") are  responsible for ensuring the immediate enrollment of students in temporary housing, securing transportation for students experiencing homelessness, and assisting with any disputes that may arise. You can search for your liaison online.

How to enroll in school or change schools

Students who are homeless have the right to immediate enrollment and full participation in school.

To enroll, they do NOT need:

• School records
• Medical records including immunization records
• Proof of residency
• Guardianship papers
• Birth certificate or other documents normally needed for enrollment

Elementary school: if you are in a temporary living situation, you can register your child at the zoned school for your temporary address or at the school you attended before becoming homeless. If you are currently living in a shelter, there may be a Department of Education worker at your shelter who will be able to assist you. If there is no DOE worker in your shelter or if you are not residing in a shelter, or if you experience any difficulty enrolling at school, you should contact your STH Content Expert for assistance.

Middle school: If you are enrolling your child in the zoned middle school for your temporary address, follow the same procedure as noted for elementary schools. If the district where you are living in temporary housing does not have zoned middle schools, but rather middle school choice, then contact your nearest enrollment office. If you wish to attend the school you previously attended, your STH Content Expert can help you to enroll immediately.

High school: All high school students must register at their Borough Enrollment Office. If you are in a temporary living situation and experience any difficulty or delay enrolling in school, contact your STH Content Expert for immediate assistance.

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