Get to Know NCHE…

1. Get to Know NCHE… • NCHE is the U.S. Department of Education’s homeless education technical assistance and information center • NCHE has • A comprehensive website: www.serve.org/nche • A toll-free helpline: Call 800-308-2145 or e-mail homeless@serve.org • A listserv: e-mail tlewis@serve.org to join • Free resources (including The Local Liaison Toolkit) : Visit www.serve.org/nche/products.php

2. The McKinney-Vento Homeless Assistance Act:Knowing and Implementing the Law Diana Bowman, Director, dbowman@serve.org Christina Dukes, Program Specialist, cdukes@serve.org Jan Moore, Program Specialist, jmoore@serve.org

3. Today’s Goals • Become familiar with important concepts in the McKinney-Vento Act • Eligibility • Immediate Enrollment • School Selection • Transportation • Unaccompanied Youth • Learn good practices and implementation strategies by networking with colleagues

4. The McKinney-Vento Act • Subtitle VII-B of the McKinney-Vento Homeless Assistance Act; reauthorized by Title X, Part C of NCLB • Main themes of the McKinney-Vento Act • School access • School stability • Support for academic success • Child-centered, best interest decision making • Critical role of the local homeless education liaison

5. Local Liaisons • Local liaisons play a critical role in the implementation of the McKinney-Vento Act • Every school district must designate a local homeless education liaison. • Local liaison responsibilities include: • Identifying homeless children and youth • Ensuring that homeless students can enroll immediately and participate fully in school

6. Local Liaisons (cont) • Informing parents, guardians, or youth of educational rights • Supporting unaccompanied youth in school selection and dispute resolution • Linking homeless students with educational and other services, including preschool and health services • Ensuring the public posting of educational rights through the school district and community; NCHE Educational Rights Posters are available at www.serve.org/nche/products.php • Ensuring that disputes are resolved promptly • Collaborating with other district programs and community agencies

7. Who Qualifies For Services? • Children or youth who lack a fixed, regular, and adequate nighttime residence, including: • Sharing the housing of others due to loss of housing, economic hardship, or similar reason (“doubling up”) • Living in motels, hotels, trailer parks, camping grounds due to the lack of adequate alternative accommodations • Living in emergency or transitional shelters • Abandoned in hospitals

8. Who Qualifies? (cont) • Awaiting foster care placement • Living in a public or private place not designed for humans to live • Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or a similar setting • Migratory children living in the above circumstances • Unaccompanied youth living in the above circumstances

9. Determining Eligibility:“The Ground Rules” • Reference NCHE’s Determining Eligibility and Confirming Eligibility briefs at www.serve.org/nche/briefs.php • Determinations are made on a case-by-case basis by examining the living arrangement of each child or youth • Some instances will be clear-cut; others will require further inquiry and then a judgment call

10. Determining Eligibility:“The Ground Rules” (cont) • Use fixed, regular, and adequate as your guiding principles; if the living arrangement does not meet all three criteria, it is considered a homeless situation • The list of examples given in the definition describes common homeless situations, but is not exclusive

11. Determining Eligibility:“Fixed, Regular, and Adequate?” • 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

12. Determining Eligibility:“The Process” • Step 1: Get the facts • Sample enrollment questionnaires can be found at www.serve.org/nche/forum/eligibility.php • Step 2: Analyze the facts • Does the living situation fit into one of the specific examples of homelessness listed in the law? • Does the living situation fit another type of situation that is not fixed, regular, and adequate?

13. Determining Eligibility:“The Process” (cont) • Step 3: Get Additional Input • Contact your State Coordinator; visit www.serve.org/nche/states/state_resources.php for contact information • Contact the NCHE helpline at 800-308-2145 or homeless@serve.org

14. Determining Eligibility: “Doubled-up” • McKinney-Vento defines “doubled-up” as “sharing the housing of others due to loss of housing, economic hardship, or similar reason” • Considerations: • Why did the family move in together? Due to a 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?

15. Determining Eligibility: “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?

16. Determining Eligibility:“Awaiting Foster Care Placement” • Children in foster care face high residential and school mobility, academic challenges, educational discontinuity • Eligibility must be reviewed in the context of state and local child welfare policies; check with your State Coordinator for information relevant to your state • Refer back to “fixed, regular, and adequate”

17. 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? • Hand-raising is now enabled

18. School Selection • Students experiencing homelessness have the right to attend one of two schools: • Local Attendance Area School • Any public school that students living in the same attendance area are eligible to attend • School of Origin • The school attended when permanently housed; or • The school in which the student was last enrolled

19. School Selection (cont) • When deciding which school the student will attend, the best interest of the student is the top priority • Best interest: keep homeless students in their schools of origin, to the extent feasible, unless this is against the parent’s or guardian’s wishes • Local liaisons work together with unaccompanied youth to determine which school would be in the youth’s best interest to attend

20. School Selection (cont) • Students can continue attending their school of origin the entire time they are homeless, and until the end of any academic year in which they move into permanent housing • If a student becomes homeless in between academic years, he or she can continue attending the school of origin for the following academic year

21. School of Origin and Feasibility • Feasibility factors listed in U.S. Department of Education Guidance: • The age of the child or youth • The distance of a commute and the impact it may have on the student's education • Personal safety issues • A student's need for special instruction (e.g., special education and related services) • The length of anticipated stay in a temporary shelter or other temporary location • The time remaining in the school year

22. How Is Feasibility Determined? • Reference NCHE’s Guiding the Discussion on School Selection brief at www.serve.org/nche/briefs.php • The child’s best interest is at the forefront • Determining best interest is a case-by-case determination • There is no specific time or distance limit placed on transporting a homeless child to the school of origin; consider the unique situation of the student and how the transportation will affect the student’s education

23. “Is It Feasible?” Last May, the Donovan family lost its housing and moved into a low-cost motel about 15 miles away from where their daughter Julie was attending school. It’s the beginning of the school year, and the family would like for Julie to continue attending her school of origin. You’ve qualified Julie as homeless, but need to decide if it’s feasible for Julie to attend her school of origin. • What additional information do you need to make a best interest determination for Julie? • Other questions? • Hand-raising is now enabled

24. Enrollment • States and districts must develop, review, and revise policies to remove barriers to the school enrollment and retention of homeless children and youth • McKinney-Vento defines enrollment as attending classes and participating fully in school activities • The McKinney-Vento Act supersedes state or local law or practice when there is a conflict [U.S. Constitution, Article VI]

25. Enrollment (cont) • Homeless children and youth have the right to enroll in school immediately, even if lacking documentation normally required for enrollment • If a student does not have immunizations, or immunization or medical records, the local liaison must assist immediately in obtaining them, and the student must be enrolled in the interim

26. Enrollment (cont) • Enrolling schools must request school records from the student’s previous school immediately, and students must be enrolled in school while records are obtained • Schools must make their records available promptly when a student transfers to a new school or district

27. Transportation • Districts must transport homeless students to and from the school of origin, at a parent’s or guardian’s request (or at the liaison’s request for unaccompanied youth) • If the student’s temporary residence and the school of origin are in the same district, that district must arrange transportation • If the student is living outside the district of origin, the district where the student is living and the district of origin must determine how to divide the responsibility and cost, or they must share the responsibility and cost equally

28. Transportation (cont) • Districts must provide students in homeless situations with transportation services comparable to those provided to other students • School districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness (including transportation barriers) • Districts can consider other safe transportation options beyond the school bus

29. Dispute Resolution • Whenever a dispute arises, the parent, guardian, or youth must be provided with a written explanation of the school’s decision, including the right to appeal • The school must refer the parent, guardian, or youth to the local liaison to carry out the dispute resolution process as expeditiously as possible, in accordance with the state plan

30. Dispute Resolution • While a dispute is being resolved, the student must be admitted immediately into the requested school and provided with services • Documentation should be kept for all local liaison interventions with parents, and not just formal disputes

31. Questions? • Hand-raising is now enabled • Questions on enrollment, transportation, or dispute resolution?

32. Young Homeless Children • State McKinney-Vento plans must describe procedures that ensure that homeless children have access to public preschool programs • Local liaisons must ensure that families and children have access to Head Start, Even Start, and other public preschool programs administered by the school district • The Head Start Act includes many provisions for serving young homeless children; visit www.naehcy.org/early.htmlfor more information • IDEA and McKinney-Vento staff must work together to ensure that young homeless children who may need special education services are identified, evaluated, and served (IDEA’s Child Find provision)

33. 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 • Local liaisons must support unaccompanied youth in school selection and dispute resolution processes

34. Unaccompanied Youth:The Basics (cont) • “Age limits” • Lower: There is no lower age limit for unaccompanied youth • Upper: The upper age limit (as with all McKinney-Vento eligible students) is your state’s upper age limit for public education; this is usually 21, but is sometimes older for special education • A youth can be eligible regardless of whether he/she was asked to leave the home or “chose” to leave; sometimes there is “more than meets the eye” for youth’s home life situations

35. Unaccompanied Youth:Strategies • Reference NCHE’s When Legal Guardians Are Not Present brief at www.serve.org/nche/briefs.php • Develop caretaker forms, self-enrollment forms, and/or other forms to replace typical proof of guardianship; forms should be crafted carefully so they do not create further barriers or delay enrollment; visit www.serve.org/nche/downloads/toolkit/app_d.pdf for sample forms • Become familiar with state and local policies related to unaccompanied youth (medical signature authority, reporting of suspected abuse, reporting of runaways, emancipation)

36. Unaccompanied Youth:Strategies (cont) • Provide access to diversified learning opportunities (vocational education, credit-for-work programs, flexible school hours, etc.) yet don’t assume youth will need or desire this option • Provide access to a “safe place” and trained mentor at school • Permit exceptions to school policies on class schedules, tardiness, absences and credits to accommodate the needs of unaccompanied youth • Assist with credit accrual and recovery

37. Unaccompanied Youth Scenario Will is a 17-year-old who has come to your school to enroll. He said he left home because he doesn’t like his stepfather and is staying with a friend. His mom says Will has a perfectly good home to come to and wants him to come home immediately. She does not want Will to enroll in another school. • Would your school enroll Will? • Beyond enrollment, what else could your school do to support Will in his education? • Other questions? • Hand-raising is now enabled

38. The Title IA Set-Aside:The Basics • Title IA of NCLB requires districts to set aside Title IA funds to be used to serve homeless students; there is no federally mandated amount/method of calculation • Homeless students are automatically eligible for Title IA services, even if they don’t live in a Title IA school attendance area or meet the academic standards required of other students for eligibility • Homeless students are eligible to receive Title IA support for the rest of any academic year in which they become permanently housed • Homeless students can receive support from Title IA school-wide programs, targeted-assistance programs, and/or the Title IA set-aside

39. Using Title IA Set-Aside Funds • Set-aside funds can be used to provide: • Services to homeless students attending Title IA or non-Title IA schools that are comparable to those provided to non-homeless students in Title I schools • 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 (e.g. comparable may not mean identical) • Title I funds should be used to support the student in meeting the state’s academic standards

40. 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)

41. Permissible Usages:*New ARRA Guidance* • Title IA set-aside funds should be used only to the extent that services and supports are not available from other sources • 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

42. Permissible Usages:*New ARRA Guidance* • 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 • 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

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

44. Access to Services • Students experiencing homelessness must have access to services for which they are eligible, including special education, programs for English learners, gifted and talented programs, and vocational and technical education • Homeless students are automatically eligible to receive free school meals; the USDA permits local liaisons and shelter directors to qualify homeless students for free meals by providing a list of names with effective dates

45. Access to Services (cont) • IDEA includes provisions that ensure the timely assessment, inclusion, and continuity of services for homeless children and youth with disabilities; visit www.serve.org/nche/ibt/sc_spec_ed.php for more information • Undocumented students have the same right to attend public school as U.S. citizens (Plyler v. Doe) and are covered by the McKinney-Vento Act to the same extent as other eligible students

46. Questions? • Hand-raising is now enabled • Questions on Title IA or access to services? • Any remaining questions?

47. For more information State Coordinator for Homeless Education:www.serve.org/nche/states/state_resources.php NCHE website: www.serve.org/nche NCHE helpline: 800-308-2145 or homeless@serve.org NCHE National Partners:National Association for the Education of Homeless Children and Youth (NAEHCY): www.naehcy.orgNational Law Center on Homelessness and Poverty (NLCHP): www.nlchp.org

48. Thanks for Joining Us! • You will receive a follow-up e-mail shortly • Link to webpage where you can download handouts • Link to a brief, anonymous online evaluation; once your evaluation is completed, you’ll be directed to a webpage to download a certificate of completion, if desired • Presenters Contact Information • Diana Bowman – dbowman@serve.org • Christina Dukes – cdukes@serve.org • Jan Moore – jmoore@serve.org