Unaccompanied Youth and Awaiting Foster Care Placement

1. Unaccompanied Youth and Awaiting Foster Care Placement Hosted by the North CarolinaHomeless Education Program (NCHEP) Bernette Kelley, Program Specialist (NCHEP) Teresa Lewis, Assistant Program Specialist (NCHEP/NCHE) Christina Dukes, Program Specialist (NCHE)

2. What We’re All About http://www.serve.org/hepnc “…Through it all, school is probably the only thing that has kept me going. I know that every day that I walk in those doors, I can stop thinking about my problems for the next six hours and concentrate on what is most important to me. Without the support of my school system, I would not be as well off as I am today. School keeps me motivated to move on, and encourages me to find a better life for myself.” Carrie Arnold, LeTendre Scholar, 2002

3. About NC Homeless Education Program (NCHEP) http://www.serve.org/hepnc • NCHEP is dedicated to ensuring that all children and youth experiencing homelessness have access to the public education to which they are entitled under the federal McKinney-Vento Act. • NCHEP works towards this goal by • Ensuring that North Carolina's state policies are in compliance with federal law • Providing technical assistance to North Carolina's local homeless education liaisons • Providing informational and awareness materials to educators and other interested community members throughout North Carolina. • For additional information visit http://www.serve.org/hepnc

4. NC Homeless Education Statistics http://www.serve.org/hepnc The preliminary number for the 2008-2009 school year is 18,815 Compared to 16,947 K-12 homeless children and youth identified during the 2007-2008 school year

5. “Awaiting Foster Care Placement”(AFCP) http://www.serve.org/hepnc • US ED July 2004 Guidance (available at www.ed.gov/programs/homeless/guidance.pdf) • Awaiting foster care placement = homeless • Already in foster care = not homeless • Local liaisons should coordinate with local public social service agencies to determine a definition that makes sense for their community.

6. “Awaiting Foster Care Placement” (cont) • Why qualify?: Children awaiting foster care placement often face the same residential and school mobility as other homeless students • View through the lens of lacking a fixed, regular, and adequate nighttime residence http://www.serve.org/hepnc

7. Demographics http://www.serve.org/hepnc • 1+ million youth ages 12-17 become homeless unaccompanied youth each year • Disproportionate representation of minority ethnic groups, GLBT youth, and pregnant/parenting teens • Generally aged 13 or older, but can be younger • U.S. Mayors’ report lists unaccompanied youth as accounting for 2% of all homeless people

8. Unaccompanied Youth http://www.serve.org/hepnc • Definition: Any student not living in the physical custody of a parent or guardian • Eligibility for MV is based on whether the living situation is fixed, regular, & adequate • No lower age limit, upper age limit is school age defined by the state. • No citizenship requirement (Plyler v. Doe)

9. Unaccompanied Youth http://www.serve.org/hepnc • 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 • An unaccompanied youth’s living arrangement must meet the Act’s definition of homeless for him/her to qualify for McKinney-Vento services

10. Rights of Unaccompanied Students http://www.serve.org/hepnc • Unaccompanied youth have the same rights under the McKinney-Vento Act as other eligible children and youth • Immediate enrollment, even when lacking records • Attend either the school of origin, if feasible, or the local school • Receive transportation to the school of origin • Equal access to programs and services • Access to the dispute resolution process

11. Special Provisions http://www.serve.org/hepnc • UY do not need a parent/guardian to enroll or have access to services • Local liaison must support the student in making decisions and understanding his/her rights • UY have the same right to appeal as parents/guardians

12. Paths to Being “On Your Own” http://www.serve.org/hepnc Family conflict Parental incarceration, substance abuse, illness, death, etc. Foster care issues: aging out of the foster care system; running away from a foster care placement Family homelessness

13. Liaison Duties http://www.serve.org/hepnc Inform school personnel about the requirements of the law and the needs of UY Identify UY Help UY select and enroll in school Obtain school/medical records Inform UY of their rights to transportation to the school of origin and assist with arranging this transportation Inform UY of their right to appeal school selection decisions counter to their wishes; ensure the youth’s immediate enrollment pending resolution of the dispute

14. Identification Strategies http://www.serve.org/hepnc • Community agencies and schools can work together to promote awareness activities • Refer potentially eligible students to local liaison • Use your “eyes and ears” in the community to support school efforts to reach unaccompanied children and youth • Make schools inviting with adults students can trust.

15. Brainstorm Identification Strategies http://www.serve.org/hepnc What agencies or individuals could you partner with to identify youths in your community? What’s the first step to beginning collaborative relationships with those agencies or individuals? What would help you identify eligible students already enrolled in your school?

16. Enrollment Strategies http://www.serve.org/hepnc • Three common methods for enrolling unaccompanied youth • The UY enrolls himself/herself • A caregiver enrolls the UY (see www.serve.org/nche/downloads/toolkit/app_e.pdf for sample enrollment forms) • The local liaison enrolls the UY

17. Steps to Enrollment http://www.serve.org/hepnc Enroll Obtain records Work with parent if appropriate Link student to services

18. Enrollment Reminders http://www.serve.org/hepnc • School districts can not: • require a caregiver to obtain legal guardianship • Discontinue enrollment due to lack of responsible adult or inability to produce guardianship or other paperwork • See Handout “When Legal Guardians Are Not Present: Enrolling Students on Their Own” http://www.serve.org/nche/downloads/briefs/guardianship.pdf

19. Placement Strategies http://www.serve.org/hepnc • Request record’s from the student’s previous school immediately • FERPA allows for records transfer between a previous school and an enrolling school without written consent • Special provisions for caretakers of UY http://www.nlchp.org/content/pubs/FERPA%20Factsheet1.pdf • Speak with previous school personnel and the student himself/herself to gather information about the student’s academic placement and any special needs

20. Strategies to Serve Youth http://www.serve.org/hepnc • Be sensitive, honest, and trustworthy • Inform UY up-front about the circumstances under which you may be required to report them to child welfare or law enforcement • Keep in mind the challenges they face and provide support as you are able • Encourage youth to stay in school; support them and advocate for them in getting their education

21. Participation in Extra-curricular Activities http://www.serve.org/hepnc • Enrollment - “attending classes and participating fully in school activities”; • includes extra-curricular activities offered through the school • Program fees and deadlines can be waived (sample policy from Delaware can be found at www.serve.org/nche/forum/extra_curr.php)

22. Participation in Extra-curricular Activities (cont) http://www.serve.org/hepnc • McKinney-Vento subgrant and/or Title I, Part A set-aside funds can be used to assist with program fees, if needed • Signing/decision-making for UY to participate in school activities • Youth sign for themselves • Local liaison signs for the youth • Caregiver signs for the youth

23. Disciplinary Issues http://www.serve.org/hepnc Disciplinary action should not be taken against a student for issues related to his/her homelessness For disciplinary issues not related to homelessness, standard SEA or LEA disciplinary policies would apply

24. “The Sticky Stuff”: Liability/Negligence http://www.serve.org/hepnc Liability is based on the concept of negligence, or a failure to exercise reasonable care. Following federal law and providing appropriate services are evidence of reasonable care. Violating federal law and denying services are evidence of negligence.

25. NC Reporting ofSuspected Runaways http://www.serve.org/hepnc • Between 1.6 and 2.8 million youth run away in a year • In North Carolina, over 7000 runaways are reported annually • Under NC law, schools are not required to report a suspected runaway, however… • If you feel the need to report a student for the student’s own well-being, talk with the student first; let the student know why you wish to report him/her and what educational or other support you can offer them both before and after reporting • Build a relationship and trust with the student to help them see that the school is a safe place for them to be

26. Support Outside of School http://www.serve.org/hepnc Support for higher education: www.serve.org/nche/ibt/higher_ed.php Job Corps: http://jobcorps.dol.gov/ TANF (Temporary Aid for Needy Families): www.acf.hhs.gov/programs/ofa/tanf/index.html SSI (Supplemental Security Income): www.ssa.gov/pubs/11000.html

27. FINAL QUESTIONS? http://www.serve.org/hepnc

28. Contact Us http://www.serve.org/hepnc Lisa Phillips, State Coordinator for Homeless EducationNorth Carolina Homeless Education Program Phone: (336)315-7491Fax: (336) 315-7457E-mail: lphillip@serve.org Bernette Kelley, Program SpecialistNorth Carolina Homeless Education Program Phone: (336)315-7462Fax: (336) 315-7457E-mail: bkelley@serve.org Teresa Lewis, Assistant Program Specialist North Carolina Homeless Education Program Phone: (336)315-7416Fax: (336) 315-7457E-mail: tlewis@serve.org