As families from the Gulf States of Louisiana, Mississippi, and Alabama struggle to restore order to their lives, it is very likely that some will seek refuge with relatives and friends who live in New York State and will apply for their children’s admission to our schools.

The people of New York State are committed to helping the victims of Hurricane Katrina. We know the educational community will do all in its power to make our neighbors from the Gulf States feel welcomed and supported during these most difficult of times.

The homeless children originating from the hurricane disaster area will qualify to enroll in a public school on a tuition-free basis (See, 42 USC §11434a[2]; Education Law §3209[1][a]; 8 NYCRR §100.2[x][1]).

To help expedite the enrollment of homeless children, we are providing you with the following information:

A homeless child or youth who previously resided in a school district outside of New York State is entitled to enroll in a public school in New York State on a tuition-free basis.  The homeless child or youth is deemed a resident of the school district where his or her temporary housing arrangement is located (Education Law §3209[2][b][2]; 8 NYCRR §100.2[x][2][iv]). Attendance should be taken for these students for the time they are attending the district, and they should be included in fall enrollment counts. State Aid will be generated by these students in the current and future years as appropriate based on existing State Aid statute and regulation.

Most of the displaced students will be coming without records. A district is required to immediately admit a homeless child or youth even if he or she is unable to produce records normally required for enrollment, such as academic records, medical records, immunization records, proof of residency or other documentation (Education Law §3209[2][e][1]; 8 NYCRR §100.2[x][4][ii]). The homeless child or youth must have access to all of the district's programs, activities and services to the same extent as they are provided to resident students (Education Law §3209[2][e][2]; 8 NYCRR §100.2[x][4][iii]).

Should you have any questions or need for additional information, please contact our NY-TEACHS technical assistance center at: (800) 388-2014 (toll-free) or (631) 232-4064 or Roberto Reyes or Patricia McGuirk at: (518) 473-0295.

EMSC K-12 Q&A