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How to Avoid Getting Sued for McKinney-Vento Non-Compliance

Patricia Julianelle Education of Children Experiencing Homelessness June 5, 2015. How to Avoid Getting Sued for McKinney-Vento Non-Compliance. Our Agenda. Areas of court intervention: Basic rights Areas of monitoring findings Don’t make it easy These all overlap

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How to Avoid Getting Sued for McKinney-Vento Non-Compliance

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  1. Patricia Julianelle Education of Children Experiencing Homelessness June 5, 2015 How to Avoid Getting Suedfor McKinney-VentoNon-Compliance

  2. Our Agenda • Areas of court intervention: Basic rights • Areas of monitoring findings • Don’t make it easy • These all overlap • All bucks stop at the state

  3. McKinney-Vento Court Cases Sampler • IL: seminal case and many since • DC: set federal law precedent • NY: defendants were several school districts, state, and DSS • PA: school district and state • HI: injunction completely took over how McKinney-Vento is implemented • MD: cases against several school districts • Costs include legal fees and on-going compliance monitoring

  4. Court Intervention: Basic rights • Definition of homelessness • Follow definition carefully • Case-by-case • Ask for help

  5. Court Intervention:Basic rights (cont.) • Immediate enrollment • Timing • Guardianship, immunizations, etc. • “in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend” • “attending classes and participating fully in school activities”

  6. Court Intervention:Basic rights (cont.) • School of origin • Feasibility / Best interest • Transportation • Feeder schools

  7. Monitoring findings • Identification • Notice and forms • Training • Collaboration • Numbers • Local policies • “Remove barriers to enrollment and retention in school” • Align with McKinney-Vento

  8. Monitoring findings • Title I, Part A • Is there a reservation? • On what is it based? • How is it used? • Preschool • Enrollment in LEA preschools • Collaboration with other ECE programs • Identification

  9. Don’t make it easy • Designate and train a liaison • Identification • Public notice • Dispute procedures • Free meals • Transfer records

  10. General Resources Patricia Julianelle pjulianelle@naehcy.org National Association for the Education of Homeless Children and Youth http://naehcy.org National Center on Homeless Education http://center.serve.org/nche/ National Network for Youth http://www.nn4youth.org

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