1 / 30

Ask Matt - November 2010 - Homeless Students

This article discusses who should be considered homeless among children and youth, including those living in doubled-up accommodations, motels, shelters, abandoned buildings, and inadequate housing. It also addresses school-aged unwed mothers, children remaining in hospitals, migratory children, and those awaiting foster placement. Additionally, it highlights the responsibilities of public school boards in locating, enrolling, and providing support for homeless students.

imorse
Download Presentation

Ask Matt - November 2010 - Homeless Students

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Ask Matt - November 2010 - Homeless Students Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

  2. Homeless Students WHO SHOULD BE CONSIDERED HOMELESS CHILDREN AND YOUTH? 1. Children living in “doubled-up” accommodations, such as sharing housing with other families or individuals, are considered homeless if they are doubled-up because of loss of housing or economic hardship. 2. Children living in motels and hotels for lack of other suitable housing. Source: 42 USC 11434a

  3. Homeless Students WHO SHOULD BE CONSIDERED HOMELESS CHILDREN AND YOUTH? 3. Children or youth who have run away from home and live in shelters, abandoned buildings, the streets, or other inadequate accommodations, even if their parents have provided and are willing to provide a home for them. 4. Thrown out children (i.e., those whose parents or guardians will not permit them to live at home) are considered homeless if they live on the streets, in shelters, abandoned buildings, or in other transitional or inadequate accommodations. Source: 42 USC 11434a

  4. Homeless Students WHO SHOULD BE CONSIDERED HOMELESS CHILDREN AND YOUTH? 5. School-aged unwed mothers or expectant mothers living in homes for unwed mothers and have no other available living accommodations. 6. Children remaining in a hospital because they have been abandoned by their families and are homeless because they have no other place to live. Source: 42 USC 11434a

  5. Homeless Students WHO SHOULD BE CONSIDERED HOMELESS CHILDREN AND YOUTH? 7. Migratory children, to the extent that they are staying in accommodations not fit for habitation. Migratory children should not be considered homeless simply because they are children of migratory families. 8. Children staying temporarily in trailer parks or camping areas because of inadequate living accommodations. Source: 42 USC 11434a

  6. Homeless Students WHO SHOULD BE CONSIDERED HOMELESS CHILDREN AND YOUTH? 9. Children and youth awaiting placement in a foster home or a home for neglected children. 10. Children who are staying in emergency or domestic violence shelters or in transitional housing programs. Source: 42 USC 11434a

  7. Homeless Students 281 Iowa Administrative Code33.3(1-7) The school board of directors of a public school shall have the following responsibilities: (1) Locate and identify homeless children or youth within the district, whether or not they are enrolled in school. (2) Post, at community shelters and other locations in the district where services or assistance is provided to the homeless, information regarding the educational rights of homeless children and youth and encouraging homeless children and youth to enroll in the public school.

  8. Homeless Students 281 Iowa Administrative Code33.3(1-7) The School Board of Directors of a public school shall have the following responsibilities: (3) Examine and revise, if necessary, existing school policies or rules that create barriers to the enrollment of homeless children or youth, consistent with these rules. School districts are encouraged to cooperate with agencies and organizations for the homeless to explore comprehensive, equivalent alternative educational programs and support services for homeless children and youth when necessary to implement the intent of these rules.

  9. Homeless Students 281 Iowa Administrative Code33.3(1-7) The school board of directors of a public school shall have the following responsibilities: (4) Enact a policy prohibiting the segregation of a homeless child or youth from other students enrolled in the public school district. (5) Immediately enroll a homeless child or youth, pending resolution of any dispute regarding in which school the child or youth should be enrolled.

  10. Homeless Students 281 Iowa Administrative Code33.3(1-7) The school board of directors of a public school shall have the following responsibilities: (6) Determine school placement based on the best interests of a homeless child or youth. The board shall, to the extent feasible, keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian. If the child or youth becomes permanently housed during an academic year, enrollment shall continue in the school of origin for the remainder of that academic year unless the parents agree otherwise. (7) Designate an appropriate staff person as the district’s local educational agency liaison for homeless children.

  11. Homeless Students 281 Iowa Administrative Code33.3(7) The district’s local educational agency liaison for homeless children and youthshall carry out the following duties: a. Ensure that a homeless child or youth is identified by school personnel and through coordination activities with other entities and agencies; b. Ensure that a homeless child or youth is enrolled in, and has a full and equal opportunity to succeed in, schools of the district;

  12. Homeless Students 281 Iowa Administrative Code33.3(7) Liaison for homeless children and youthshall carry out the following duties: (cont.) c. Ensure that homeless families, children, and youth receive educational services for which such families, children, and youth are eligible, including Head Start and Even Start programs, tuition-free preschool programs administered by the district, and referrals to health care services, dental services, mental health services, and other appropriate services; d. Ensure that the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

  13. Homeless Students 281 Iowa Administrative Code33.3(7) Liaison for homeless children and youthshall carry out the following duties: (cont.) e. Ensure that public notice of the educational rights of homeless children and youth is disseminated where such children and youth receive services under the federal McKinney-Vento Homeless Assistance Act, such as schools, family shelters, and soup kitchens; f. Ensure that enrollment disputes are mediated in accordance with 42 U.S.C. Section 11432(g)(3)(E), which requires the following: (1) The child or youth shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute;

  14. Homeless Students 281 Iowa Administrative Code33.3(7) Liaison for homeless children and youthshall carry out the following duties: (cont.) f. Ensure that enrollment disputes are mediated in accordance with 42 U.S.C. Section 11432(g)(3)(E), which requires the following: . . . (2) The parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision; (3) The child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under this subrule, who shall carry out the dispute resolution process set forth in rule 33.9(256); (4) In the case of an unaccompanied youth, the local educational agency liaison shall ensure that the youth is immediately enrolled in the school in which enrollment is sought pending resolution of the dispute;

  15. Homeless Students 281 Iowa Administrative Code33.3(7) Liaison for homeless children and youthshall carry out the following duties: (cont.) g. Ensure that the parent or guardian of a homeless child or youth, or the unaccompanied youth, is fully informed of all transportation services and is assisted in accessing transportation to the school of enrollment; h. Coordinate and collaborate with state coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.

  16. Homeless Students How long is a student designated as “homeless?” According to the Iowa Department of Education, once a student is designated as “homeless” s/he maintains that designation for the remainder of the school year. Depending on whether their housing status changes, the student may remain “homeless” for a number of years.

  17. Homeless Students If a minor student is choosing to live outside of his/her nuclear family and is designated as “homeless,” does that status change when the student turns 18? No, despite reaching the age of majority (18), the student would maintain status as “homeless.”

  18. Homeless Students Would students be considered homeless if they were living with their mother, and the mother moved the family in with her parents (grandparents) due to being evicted or foreclosed upon? Yes. If the mother moved the family in with grandparents due to a loss of housing as a result of financial reasons, then the students would be considered homeless. This would fit the definition of “doubling up,” even though it is with family members.

  19. Homeless Students Would students be considered homeless if they were living with their mother, and the mother moved the family in with her parents (grandparents) because she wanted to save money to buy a house? No. Since mom moved the family in with the grandparents as a matter of economic convenience, the children would NOT be homeless.

  20. Homeless Students Would a student be considered homeless if he was kicked out of his house and moved in with his girlfriend’s family? What if he moved out voluntarily? The answer is YES to both questions. Because the student left his parents’ house, and is not in the physical custody of a parent or guardian, he is considered homeless. He is an unaccompanied youth living in a doubled up situation. This is true even if the girlfriend’s parents state that he may stay as long as his wants.

  21. Homeless Students Suppose a young man’s parents are moving out of town for employment reasons and he wants to finish his senior year in his current school. If his parents work out an arrangement with friends or relatives, including financial support and temporary guardianship, to allow him to stay for his senior year, would the student be considered homeless? No. If parents are still supporting a student, but they are voluntarily having him live with someone else, the student is not considered homeless. Even if the parents pay for an apartment for the student to reside in by himself, he is not considered homeless.

  22. Homeless Students What if it appears that a family/student is just trying to get around open-enrollment laws by alleging that the student is “homeless?” School officials may make a determination that a student is not homeless if the evidence shows that the family/student is just using the classification for other purposes. Do not hesitate to involve your homeless liaison in this process.

  23. Homeless Students Does the 90 day athletic ineligibility period apply to homeless students? It depends. Again, like the scenario regarding open enrollment, if it appears that a family/student is trying to use the homeless classification to get around the 90 day ineligibility rule, then the rule still applies. However, if it is shown that the student is truly homeless, then the 90 day period is waived. Schools should involve the Girls Union or Boys Association when these questionable situations arise.

  24. Homeless Students May a homeless student continue to attend her school of origin, if her family finds shelter or temporary housing in another district? Yes. Schools should err on the side of allowing a student to continue attending her school of origin if that is the wish of the family or student, and is in the best interests of the student. If school officials and a student/parent disagree over the educational placement of a child, the child or youth shall be enrolled immediately in the school of choice of the child’s parent or guardian or the school of choice of the unaccompanied youth. The school of choice must be an attendance center either within the district of residence or the district of origin of the child or youth. 281 IAC 33.9(6)

  25. Homeless Students Which school district is responsible for the transportation of a homeless student? If a homeless student has moved into a new district, but wishes to attend her school of origin, the two districts may come to agreement on which district will cover the transportation cost. If agreement is not reached, each district is responsible for half of the cost. In some situations, one district will transport a student to the district boundary, and the district of origin picks up the student at the boundary and transports her to the school. In other situations, the districts agree to reimburse a parent or other guardian for providing transportation to the school.

  26. Homeless Students Which school district is responsible for the transportation of a homeless student? (cont.) If a homeless student is attending in her district of residence, then the school district would be responsible for providing transportation to the homeless student, just as it is for other similarly situated students in the district.

  27. Homeless Students What documentation do we need to allow an adult to make decisions for an unaccompanied youth? The school district may use a caregiver authorization form. We have an example of this form on our website. However, note that a surrogate parent may need to be appointed. While it may be ideal for a caregiver to have legal guardianship paperwork from the courts, or a power of attorney from a parent or guardian, these documents are NOT required to enroll a homeless student. The caregiver authorization form should be sufficient for an adult to sign enrollment paperwork on behalf of a student. If possible, school officials should attempt to get the parent/guardian to sign off on the caregiver form, granting authority to the present caregiver of the student. However, parents/guardians are not required to sign the form, and in some cases may be impossible to reach or unwilling to help.

  28. Homeless Students Who looks out for the interests of an unaccompanied youth who needs special education services? The school district should work with the AEA, DE, and other public agencies to ensure that a surrogate parent is appointed to look out for the interests of the students. More information regarding surrogate parents may be found in 281 Iowa Administrative Code 41.519.

  29. Homeless Students Where may we go to get more in-depth information regarding homeless students? Donna Eggleston, the DE’s Homeless Education Consultant is in the process of scheduling ICNs for school districts to review the McKinney-Vento law and Chapter 33 of the Iowa Administrative Code.  The ICNs are tentatively planned for January 2011.  Districts will receive further information through the Liaison listserv and through the School Leader Update.    In the meantime, Donna recommends the following website for more information: www.serve.org/nche Donna Eggleston, Consultant Homeless Education/Title I, Parts A & C (Migrant Education), tel. - 515-281-3999 email - donna.eggleston@iowa.gov

  30. Homeless Students - Questions ???????

More Related