McKinney-Vento 201 and Best Practices in New Mexico

1. McKinney-Vento 201 and Best Practices in New Mexico Joseph Sanchez, State Coordinator for Homeless Education New Mexico Department of Education Joseph.sanchez1@state.nm.us 505.222.4743

2. McKinney-Vento Homeless Program Housekeeping: Cell phones off or on vibrate Be kind; Be courteous

3. McKinney-Vento Homeless Program Today’s Goals • Become familiar with important advanced homeless education concepts • Eligibility • Unaccompanied Youth • Transportation • Title IA • IDEA • Learn good practices and implementation strategies by networking with colleagues

4. Determining Eligibility Determining Eligibility for Rights and Services Under the McKinney-Vento Act and Confirming Eligibility for McKinney-Vento Services: Do’s and Don’ts for Local Liaisons (handouts)NCHE Information by Topic: www.serve.org/nche/ibt/sc_eligibility.php New Mexico Student Residency Questionnaire Form (handout) New Mexico Dispute Resolution Policy: NM Administrative Code 6.10.13 Homeless Policy Rule at http://www.nmcpr.state.nm.us/NMAC/cgi-bin/hse/homepagesearchengine.exe?url=http://www.nmcpr.state.nm.us/nmac/parts/title06/06.010.0003.htm;geturl;terms=homeless||policy(handout)

5. McKinney-Vento Homeless Program The Definition • Individuals who lack a fixed, regular, and adequate nighttime residence, including • Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason • Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations • Living in emergency or transitional shelters • Abandoned in hospitals • Awaiting foster care placement

6. McKinney-Vento Homeless Program The Definition (cont) • Have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings • Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings • Migratory children living in the circumstances described above • Unaccompanied youth living in the circumstances described above

7. McKinney-Vento Homeless Program Laying the Groundwork • McKinney-Vento eligibility is determined on a case-by-case basis by examining the living arrangement of each student. • Some instances will be clear-cut; others will require further inquiry and then a judgment call. • If the living arrangement does not meet all three criteria (fixed, regular, and, adequate), it is considered a homeless situation. • The examples of homeless situations listed in the definition address some of the more common situations of homelessness; the list of examples is not exclusive.

8. McKinney-Vento Homeless Program Fixed, Regular, and Adequate • “What do the terms fixed, regular, and adequate mean?” • Fixed: Stationary, permanent, and not subject to change • Regular: Used on a predictable, routine, or consistent basis (e.g. nightly) • Adequate: Sufficient for meeting both the physical and psychological needs typically met in home environments • Use the sample questions on pages 5-6 of the Determining Eligibility brief

9. McKinney-Vento Homeless Program “What If We Disagree?” • If there is a disagreement about whether the student meets the McKinney-Vento definition of a homeless child or youth (between the parents/youth and the school), New Mexico’s dispute resolution process should be followed. • Under the dispute resolution process: • The parent/guardian/unaccompanied youth should be referred to the local liaison for assistance with the appeal process. • The student must be enrolled immediately in the requested school. • The student must be provided with all services to which McKinney-Vento eligible students are entitled (e.g. transportation, Title I services, free meals). • Enrollment must continue until the dispute is resolved. • New Mexico Dispute Resolution Policy ( provided earlier: Policy handout)

10. McKinney-Vento Homeless Program Step 1: Get the Facts • Use an enrollment questionnaire for all students; this will assist with identifying eligible students. • If the form indicates a possible homeless situation, refer to the local liaison to determine eligibility. • Discuss the living arrangement with the family/student in a private place and with sensitivity. • Ask additional questions respectfully, as needed. (these are often very personal discussions for the family)

11. McKinney-Vento Homeless Program Step 1: Get the Facts (cont) • Avoid using the word “homeless”: some families may want to avoid the stigma; others may not consider themselves homeless and yet they might be eligible. • Inform the family about the benefits of eligibility, including immediate enrollment and the provision of services. • (FERPA) Avoid contacting persons outside the school system to probe for more information regarding the family’s living arrangement; see NCHE’s Confirming Eligibility brief at www.serve.org/nche/downloads/briefs/verif_ll.pdf(handout - provided earlier)

12. McKinney-Vento Homeless Program Step 2: Analyze the Facts • Does the student’s living arrangement fit into one of the examples of homelessness in the law? • If not, would the student qualify for services because he/she lives in another type of living arrangement that does not meet the fixed, regular, and adequate standard? • Use the information/questions contained in the Determining Eligibility brief to assist in answering these questions.

13. McKinney-Vento Homeless Program Step 3: Call for Back-up • Contact Joseph Sanchez at (505) 222-4743 or joseph.sanchez1@state.nm.us • Contact the NCHE Helpline at 800-308-2145 or homeless@serve.org

14. McKinney-Vento Homeless Program New Mexico Enrollment Recommendation for LEA’s • Include NM Residency Questionnaire in all district enrollment packets • Complete the Title X, Part C Referral Form to assess the needs of identified homeless students • Inform parents, guardians, or youth of educational rights, including school or origin and transportation • Local liaison must maintain student folders to include: • New Mexico Residency Questionnaire • Title X, Part C Referral Form

15. McKinney-Vento Homeless Program New Mexico’s Enrollment Recommendation for LEA’s (cont) • Document services received by student (e.g., free lunch, tutoring, transportation, uniforms, school supplies, and/or other comparable services) • Homeless Liaisons and Student Teacher Accountability Reporting System (STARS)Coordinators should collaborate to report the primary nighttime residence Homelessness Indicator code as identified on the New Mexico Residency Questionnaire or a form created by your LEA

16. McKinney-Vento Homeless Program Doubled-Up • Legislative wording: “Sharing the housingof other persons due to loss of housing, economic hardship, or a similar reason” • Questions: • Why did the family move in together? Crisis or by mutual choice as a plan for mutual benefit? • How permanent is the living arrangement intended to be? • Is the living arrangement fixed, regular, and adequate? • See pages 2-3 of the Determining Eligibility brief for a discussing of shared housing; use questions on pages 5-6, also

17. McKinney-Vento Homeless Program Doubled-Up (cont) • But… • Are all doubled-up situations automatically homeless? • Is there a limit on how long a doubled-up child should be considered homeless? • Are both doubled-up parties homeless?

18. McKinney-Vento Homeless Program Awaiting Foster Care Placement • Collaborate with your local child welfare community • Consider whether the placement is a temporary, emergency placement or if the placement is intended to be permanent • Determine “awaiting foster care placement” eligibility on a case-by-case basis

19. McKinney-Vento Homeless Program Scenario: Eligible or Not? Patricia and her son, Luis, showed up mid-year at your school to enroll Luis, saying they’ve just moved in with relatives that live in the area. You suspect Luis might qualify for McKinney-Vento services, but you’re not sure. • What questions would you ask to determine if Luis is eligible? • Are there certain circumstances under which you would qualify Luis and other circumstances under which you wouldn’t? • Other questions on eligibility?

20. Unaccompanied Youth NCHE Information by Topic: www.serve.org/nche/ibt/sc_youth.phpNCHE Forum: www.serve.org/nche/forum/youth.phpNCHE Best Practices and Model Programs: www.serve.org/nche/best/youth.phpNew Mexico Department of Education McKinney-Vento Homeless Assistance Program Enrollment Services to Unaccompanied Youth (handout)

21. McKinney-Vento Homeless Program Unaccompanied Homeless Youth • The McKinney-Vento defines unaccompanied youth as a youth “not in the physical custody of a parent or guardian” • An unaccompanied youth’s living arrangement must meet the Act’s definition of homeless for him/her to qualify for McKinney-Vento services • There is no lower age limit for unaccompanied youth; the upper age limit (as with all McKinney-Vento eligible students) is your state’s upper age limit for public education; Louisiana’s upper age limit is 21 • A youth can be eligible regardless of whether he/she was asked to leave the home or chose to leave; remember that sometimes there is “more than meets the eye” for youth’s home life situations

22. McKinney-Vento Homeless Program Unaccompanied Homeless Youth (cont) • In New Mexico, schools are mandatory reporters of suspected abuse and neglect and substance abuse (22-10A-32. Licensed school employees; required training program) (handout) • Running away is not a statutory offense in New Mexico; therefore, schools are not required to report runaways (NMSA 1978, Section 32A-3B-3(A) (handout) when in doubt  report! • Visit: www.childwelfare.gov/systemwide/laws_policies/state/for useful information on state law

23. McKinney-Vento Homeless Program Unaccompanied Homeless Youth (cont) • Minor medical consent in New Mexico (handout) A Minor • A minor is a person under the age of 18. Informed Consent • As a general rule, New Mexico law requires a minor who • seeks medical treatment to obtain the consent of a parent • or guardian. Several important exceptions are described • below. In the situations outlined in this card, a minor who • understands the risks, benefits and proposed alternatives to • certain health services may give informed consent without • the consent of a parent or guardian.

24. McKinney-Vento Homeless Program Enrolling Unaccompanied Youth • Common methods of enrollment: • Responsible adult enrolls (an option: use caregiver authorization form for contact information; can not be required for enrollment) • Youth enrolls himself/herself • Local liaison enrolls • The person who enrolls the youth generally signs forms and makes educational decisions

25. McKinney-Vento Homeless Program New Mexico Public Education Enrolling Unaccompanied Youth • Revise LEA policies, such as those related to attendance and credit accrual, to eliminate barriers to academic success for unaccompanied youth. • Implement policies to address issues related to required signatures for unaccompanied youth to participate in field trips or extracurricular activities. • Provide opportunities to enroll in diversified learning opportunities such as vocational education, credit-for-work programs, and flexible school hours, yet ensure that they are integrated with the mainstream school environment, including extracurricular activities, as much as possible. • Maintain a list of available surrogate parents to assist unaccompanied youth with their special education needs.

26. McKinney-Vento Homeless Program Unaccompanied Youth:Liability Concerns • Liability is based on negligence • Negligence: Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm; a person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances • To establish liability: Must prove that there was the duty to act, that there was a failure to fulfill that duty, and that this failure caused harm to the student • Source: http://legal-dictionary.thefreedictionary.com/ • Note: This slide is not official legal advice; please consult with your district’s general counsel when making decisions at the district level

27. McKinney-Vento Homeless Program Scenario: Amanda Jared shows up at your school to enroll, saying his stepfather kicked him out of the house because they couldn’t get along and he’s now staying with a friend that lives in the area. • Would you qualify Jared for McKinney-Vento services? How would you come to your decision? • What other services and supports would youconsider for Jared? • How would you respond if Jared’s mom called your school saying she didn’t want Jared enrolled there? • Other questions about unaccompanied youth?

28. Transportation Increasing School Stability for Students Experiencing Homelessness: Overcoming Challenges to Providing Transportation to the School of Origin and Transportation for Homeless Children and Youth: Strategies for Rural School Districts atwww.serve.org/nche/ibt/sc_transport.php (handout) NCHE Information by Topic: www.serve.org/nche/ibt/sc_transport.php NCHE Forum: www.serve.org/nche/forum/transp.php

29. McKinney-Vento Homeless Program Transportation: The Basics • Under McKinney-Vento: • Transportation must be provided to/from the school of origin if it is in the student’s best interest to attend there • Feasibility is based on the student’s best interest and is a student-centered determination • Transportation must also be provided under McKinney-Vento’s comparable services provision • Policies that act as a barrier to the school enrollment and retention of homeless students must be reviewed and revised; transportation is included in this general mandate

30. McKinney-Vento Homeless Program Transportation:Covering the Cost • McKinney-Vento subgrant funds can be used to cover the excess cost of transporting homeless students • ARRA stimulus funding can be used to pay for transportation (one of the 16 allowable usages of funds) NONEXISTENT AFTER JUNE 30, 2011 • Title I funds can be used for non-school of origin transportation, if the transportation supports the child’s education (e.g. afterschool programs, field trips, before-school programs, etc.) • Can use general transportation funds or other funds, as appropriate

31. McKinney-Vento Homeless Program Transportation Strategies • Think creatively (strategies from NCHE’s transportation tip sheet) • Reroute busses • Consider logical transfer points (for intra-and inter-district transportation); ask transportation personnel for assistance in mapping • Use special education busses (often have the most flexibility in routing) • Use alternative education busses • Encourage afterschool program participation, as this broadens transportation options: more bus drivers may be available, parents may be able to pick up the child, Title I dollars can be used • Use public transportation, as appropriate

32. McKinney-Vento Homeless Program Transportation Strategies (cont) • Think creatively (cont) • Use taxis or ask parents to transport to a transfer point or the student’s prior bus stop • Contract with community members (example: contracting with retired persons; see tip sheet) • Contract with school district staff (see tip sheet) • Set up a reimbursement program • Reimburse parents, caregivers, older youth, carpoolers • Develop a policy for parents to sign, including the reimbursement rate and policies on timing, student absences, and changes in residence

33. McKinney-Vento Homeless Program Questions on Transportation?

34. Title IA NCHE Information by Topic: www.serve.org/nche/ibt/sc_titlei.phpNCHE Title IA Legislative Resources: www.serve.org/nche/legis_other.php#titleia(includes September 2009 Title IA ARRA Guidance)

35. McKinney-Vento Homeless Program The Title IA set-aside • Title IA of NCLB requires districts to set aside Title IA funds to be used to serve homeless students; these funds can be used: • To support homeless students not attending a Title IA school • To provide services to homeless students that are not ordinarily provided to other Title I students and that are not available from other sources, according to the need of the homeless student

36. McKinney-Vento Homeless Program The Title IA set-aside (cont) • Federal law does not give any set method for determining the set-aside; some suggested methods include: • Project for next year based on this year’s numbers and any anticipated new needs or change in the homeless population • Multiply the # of homeless students by the Title IA per pupil allocation • Match your McKinney-Vento subgrant • Reserve a % of your Title IA funds based on your district’s poverty level • Louisiana best practice option

37. McKinney-Vento Homeless Program Title IA Set-Aside: Guiding Questions re: Services • Is it already identified as a program component or need in the consolidated plan? • Is it an educationally-related need or support service? • Are there other district or community funding sources already set up to provide what is needed? • What is the cost in proportion to the overall program budget or per-pupil expenditure? • Is the expense critical to maintaining the student’s enrollment, attendance or success in school?

38. McKinney-Vento Homeless Program Title IA Set-Aside: Permissible Usages of Funds • Tutoring (including in shelters, motels, and other places where homeless students live) • School uniforms (if not available from other sources) • Transportation to participate in afterschool activities • Health, nutrition, and other social services, if not available from any other source (including basic medical equipment, such as eyeglasses and/or hearing aids)

39. McKinney-Vento Homeless Program Title IA Set-Aside: Permissible Usages of Funds (cont) • Title IA set-aside funds should be used only to the extent that services and supports are not available from other sources • (New Guidance) LEA may use Title IA ARRA funds to provide, where appropriate, items or services including, but not limited to— • Items of clothing, particularly if necessary to meet a school’s dress or uniform requirement • Clothing and shoes necessary to participate in physical education classes • Student fees that are necessary to participate in the general education program • Personal school supplies such as backpacks and notebooks • Birth certificates necessary to enroll in school • Immunizations • Food

40. McKinney-Vento Homeless Program Title IA Set-Aside: Permissible Usages of Funds (cont) • Medical and dental services • Eyeglasses and hearing aids • Counseling services to address anxiety related to homelessness that is impeding learning • Outreach services to students living in shelters, motels, and other temporary residences • Extended learning time (before and after school, Saturday classes, summer school) to compensate for lack of quiet time for homework in shelters or other overcrowded living conditions • Tutoring services, especially in shelters or other locations where homeless students live • Parental involvement specifically oriented to reaching out to parents of homeless students • Fees for AP and IB testing • Fees for SAT/ACT testing • GED testing for school-age students • Supporting the position of the local liaison

41. McKinney-Vento Homeless Program Title IA Set-Aside: Prohibited Usages of Funds • Transportation to/from the school of origin • Rent • Utilities • Clothing for parents

42. McKinney-Vento Homeless Program Questions on Title IA?

43. IDEA/Special Education NCHE Information by Topic: www.serve.org/nche/ibt/sc_spec_ed.phpNCHE IDEA Legislative Resources: www.serve.org/nche/legis_other.php#idea

44. McKinney-Vento Homeless Program IDEA: Continuation of Servicesfor Mobile Students • If a student transfers during the IDEA evaluation process: • Evaluations continue • Original timeframe for completion remains valid, unless the new school district is making “sufficient progress to ensure a prompt completion of evaluations” and the parent agrees to an alternative timeline

45. McKinney-Vento Homeless Program IDEA: Continuation of Servicesfor Mobile Students (cont) • If the student has an IEP in place and transfers, the new district: • Must provide appropriate services immediately that are comparable to what is in the student’s IEP • Can adopt the previous IEP or write a new IEP, in consultation with the parent, while comparable services continue

46. McKinney-Vento Homeless Program IDEA:School of Origin Considerations • Special education placements must be as close as possible to the child’s home, unless the IEP (including parent input) requires some other arrangement and considers any potentially harmful effect of the child or quality of services s/he needs; the right to attend the school of origin remains in effect. 300.116

47. McKinney-Vento Homeless Program IDEA:2008 Q and A Document • Section F: Unaccompanied Homeless Youth and Surrogate Parents • Surrogate Parents • SEA “must make reasonable efforts” to appoint within 30 days • Are considered the unaccompanied youth’s parent for special education purposes • Cannot be an employee of the SEA, LEA, or any other agency involved in the education or care of the child • Must have no personal or professional interests in conflict with the interest of the child • Must have the necessary knowledge and skills

48. McKinney-Vento Homeless Program IDEA:2008 Q and A Document (cont) • Section F: Unaccompanied Homeless Youth and Surrogate Parents • Temporary Surrogate Parents • Appointed immediately • Appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs that are involved in the education or care of the child may be appointed as temporary surrogate parents without regard to the non-employee requirement • Must have no personal or professional interests in conflict with the interest of the child • Must have the necessary knowledge and skills • Rights transfer to the student upon the student reaching the age of majority

49. McKinney-Vento Homeless Program Questions on IDEA?Any remaining questions?

50. McKinney-Vento Homeless Program Thank you! • Presenters Contact Information • Joseph Sanchez – joseph.sanchez1@state.nm.us