Session Outline

1. Homeless Education 201:Advanced Understanding and ImplementationChristina DukesNational Center for Homeless Educationcdukes@serve.org

2. Session Outline • 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

3. Foundational Documents • McKinney-Vento Homeless Assistance Act – Law and Guidance at www.serve.org/nche/m-v.php • Pennsylvania Basic Education Circulars (BECs) • BEC 42 U.S.C. §11431 et seq. Education for Homeless Youth (Feb 2008) at www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=54421 • BEC 24 P.S. §13-1301 – §13-1306 Enrollment of Students (January 2009; section on Homeless Students) at www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=84241

4. General Resources • NCHE’s Information by Topic: www.serve.org/nche/ibt/ibt.php • NCHE’s Online Forum: www.serve.org/nche/forum/forum_browse.php • NCHE’s Best Practices and Model Programs: www.serve.org/nche/best/best_browse.php • NCHE Issue Briefs (including Law Into Practice, Best Practices in Homeless Education, Connecting Schools and Displaced Students, and Helping You Help Your Child: Information for Parents): www.serve.org/nche/briefs.php

5. Determining Eligibility: Useful Resources • Determining Eligibility and Confirming Eligibility briefs at www.serve.org/nche/briefs.php • NCHE Information by Topic: www.serve.org/nche/ibt/sc_eligibility.php • NCHE Forum (sample residency questionnaires): www.serve.org/nche/forum/eligibility.php • NCHE Best Practices and Model Programs: www.serve.org/nche/best/elig.php • NCHE Legislative Resources (FERPA): www.serve.org/nche/legis_resources.php#ferpa

6. 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

7. 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

8. 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.

9. 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

10. 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), Pennsylvania’s dispute resolution process should be followed. Under the dispute resolution process: The student must be enrolled immediately in the requested school. The parent/guardian/unaccompanied youth must be provided with a written explanation of the school’s decision on the dispute, including the right to appeal The parent/guardian/unaccompanied youth should be referred to the local liaison for assistance with the appeal process. 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. “What if We Disagree?”

11. Pennsylvania’s dispute resolution process is included in BEC 42 U.S.C. §11431 et seq. at www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=54421 Person wishing to file the dispute should contact the school or school district (i.e. the local liaison, the principal, or the superintendent) to present their concerns to the people closest to the situation and most likely to be able to resolve it quickly Contact the McKinney-Vento Homeless Site Coordinator in your area, or PDE will accept complaints directly through the EHCY phone number at (717) 783-6468 Individual cases may be referred to the PDE’s Office of Chief Counsel and the Office of the Deputy Secretary for Elementary and Secondary Education as needed by the State Coordinator; PDE will deliver a response within 20 business days of the receipt of the complaint. “What if We Disagree?” (cont)

12. 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) Step 1: Get the Facts

13. 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 Step 1: Get the Facts

14. 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. Step 2: Analyze the Facts

15. Step 3: Call for Backup • Contact your McKinney-Vento Regional Site Coordinator (contact information is in your conference packet) • Contact the NCHE Helpline at 800-308-2145 or homeless@serve.org

16. Common Questions: 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; also use questions on pages 5-6

17. Common Questions: Doubled-up • 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. Common Questions: AFCP • PA’s definition of “awaiting foster care placement” • “…live in shelters or are placed in emergency, interim or respite foster care; kinship care; evaluation or diagnostic centers or placements for the sole purpose of evaluation. Local school officials should consult with their county children and youth agencies whenever necessary to determine if a child meets the definition of awaiting foster care placement, including, on a case-by-case basis, whether a child who does not clearly fall into one of these categories is nevertheless a child ‘awaiting foster care placement’.” • BEC 42 USC § 11301 Education for Homeless Children and Youth

19. Eligible or Not? Jared and his son, Jeremy, showed up mid-year at your school to enroll Jeremy, saying they’ve just moved in with relatives that live in the area. You suspect Jeremy might qualify for McKinney-Vento services, but you’re not sure. • What questions would you ask to determine if Luis is eligible? • Other questions on eligibility?

20. Enrollment: Useful Resources • Immediate Enrollment Under McKinney-Vento: How Local Liaisons Can Keep Homeless Students Safe and Prompt and Proper Placement: Enrolling Students without Records at www.serve.org/nche/briefs.php • NCHE Information by Topic: www.serve.org/nche/ibt/sc_enroll.php • NCHE Forum: www.serve.org/nche/forum/enrollment.php • NCHE Best Practices and Model Programs: www.serve.org/nche/best/enroll.php

21. Enrollment: General Considerations “In order to ensure immediate enrollment, the local education agency is encouraged to: train school enrollment staff about the legal requirement that homeless children and youth be immediately enrolled and provided transportation; review school regulations and policies to ensure that they comply with the McKinney-Vento requirements; inform families and youth in a language they can understand of their rights; develop clear, understandable, and accessible forms for written explanations of decisions and the right to appeal; and expeditiously follow up on any special education and language assistance needs presented by the students. ” BEC 42 U.S.C. §11431 et seq. Education for Homeless Youth

22. Enrollment: Multilingual Resources • NCHE Forum: www.serve.org/nche/forum/transl.php • Includes • Educational Rights Posters • Educational Rights brochures (including NCHE’s new foreclosure brochure) • Homeless Student Enrollment Policies • Residency Questionnaires • Parent Guides • Enrollment Dispute Forms • Transportation Brochures • School meal forms • Languages include English, Spanish, Portuguese, French, Haitian-Creole, Hmong, Polish, Arabic, Chinese, Korean, Bengali, Russian, Urdu, Cambodian, Somalian, Ukranian, and Vietnamese

23. Enrolling Unaccompanied Students • “Unaccompanied homeless youth may enroll without documents and without the help of an adult. Unaccompanied homeless youth includes any child who is “not in the physical custody of a parent or guardian.” Falling within this definition are students who have run away from home, been thrown out of their home, or been abandoned or separated from their parents or guardians.” • BEC 24 P.S. §13-1301 – §13-1306 Enrollment of Students

24. Unaccompanied Youth: Useful Resources • NCHE Information by Topic: www.serve.org/nche/ibt/sc_youth.php • NCHE Forum: www.serve.org/nche/forum/youth.php • NCHE Best Practices and Model Programs: www.serve.org/nche/best/youth.php • NAEHCY: Using What We Know: Supporting the Education of Unaccompanied Homeless Youth at www.naehcy.org/dl/uwwk_youth.pdf • Juvenile Law Center (Philadelphia): www.jlc.org – factsheets are particularly helpful • Pennsylvania Youth Advisory Board: www.independentlivingpa.org (website can be “testy”)

25. Unaccompanied Youth: The Basics • 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; Pennsylvania’s upper age limit is 21, but may be extended for students in special education • 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

26. Enrolling Unaccompanied Youth • Common methods of enrollment: • Responsible adult enrolls (an option is to use a 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 general educational decisions • How does your district enroll unaccompanied students?

27. Unaccompanied Youth: Reporting • Visit www.childwelfare.gov/systemwide/laws_policies/state/ for useful information on Pennsylvania state law • In Pennsylvania, schools are mandatory reporters of suspected abuse and neglect (Hotline: 800-932-0313) • “No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing, and medical care.” (23 PCSA § 6303 ) • Running away is not a status offense in Pennsylvania; therefore, schools are not required to report suspected runaways to law enforcement

28. Unaccompanied Youth: Medical Consent • Youth in Pennsylvania have the right to: • Consent to their own medical, dental, and health care if they are 18 or older • Consent to all mental health treatment and medication if they are 14 or older • Consent to treatment for a substance abuse problem at any age • Obtain contraception at any age • Obtain testing and treatment for sexually transmitted diseases at any age

29. Unaccompanied Youth: Medical Consent • Consent to testing and treatment of HIV at any age • Consent to medical care related to pregnancy, except abortion (to obtain an abortion, a minor needs the consent of a parent or legal guardian, or a court order, called a “judicial bypass”) • Consent to all medical care (except abortion) if they are a minor and have been pregnant or have already graduated from high school • Source: Know Your Rights (the Juvenile Law Center, • KidsVoice and the Pennsylvania Youth Advisory Board) • and • State Minor Consent Laws: A Summary • (Center for Adolescent Health and the Law)

30. 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

31. What to do? Sarah shows up at your school to enroll, saying her stepfather kicked her out of the house because they couldn’t get along and she’s now staying with a friend that lives in the area. • Would you qualify Sarah for McKinney-Vento services? How would you come to your decision? • Are there other services and supports you wouldconsider for Sarah? • How would you respond if Sarah’s mom called your school saying she didn’t want Sarah enrolled there? • Other questions about unaccompanied youth?

32. Title I: Useful Resources • NCHE Information by Topic: www.serve.org/nche/ibt/sc_titlei.php • NCHE Related Legislation Webpage: www.serve.org/nche/legis_other.php (including new Title IA ARRA Guidance)

33. Title I: Points to Remember • 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 • Federal law does not mandate a specific method for determining the set-aside amount • Title I funds should be used to provide educationally-related support services

34. Title I: Guiding Questions for Expenditures • 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?

35. Title I: 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)

36. Title I: Permissible Usages of Funds • 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

37. Title I: Permissible Usages of Funds • 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

38. Title I: Prohibited Usages of Funds • Transportation to/from the school of origin for the regular school day • Rent • Utilities • Clothing for parents

39. Title I:Questions?

40. IDEA: Useful Resources • NCHE Information by Topic: (including several special education issue briefs)www.serve.org/nche/ibt/sc_spec_ed.php • Questions and Answers on Special Education and Homelessness (Feb 2008) at www.ed.gov/policy/speced/guid/spec-ed-homelessness-q-a.pdf

41. IDEA: 2008 Q&A Document • Q and A Section E: Schools of Origin • A student’s disability may factor into school placement decisions • School placement decisions are made by the responsible public agency’s placement group; this group includes parents and persons knowledgeable about the child

42. IDEA: 2008 Q&A Document • Q and A Section E: Schools of Origin (cont) • Inter-district issues: The SEA maintains general supervisory responsibility and chooses which district is responsible for providing FAPE • Inter-state issues: If a McKinney-Vento eligible student moves across state lines • Responsibility for providing FAPE generally shifts to the state where the child moves • And continues to attend the school of origin, US ED encourages the state where the child moves and the state where the school of origin is to work together to ensure that the student receives appropriate services

43. IDEA: 2008 Q&A Document • Section F: Unaccompanied Homeless Youth and Surrogate Parents • Surrogate Parent • SEA “must make reasonable efforts” to appoint within 30 days • Are considered the unaccompanied youth’s parent for special education purposes • Must be appointed, if necessary, in the manner prescribed by state law • 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

44. IDEA: 2008 Q&A Document • Section F: Unaccompanied Homeless Youth and Surrogate Parents (cont) • Temporary Surrogate Parent • 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 (21 in Pennsylvania)

45. IDEA: Questions? Final Questions?