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Patricia Lentz, Program Specialist NC Homeless Education Program (NCHEP)
The McKinney-Vento Homeless Assistance Act:
Knowing and Implementing the Law
New Charter Leaders InstituteJune 16, 2015Raleigh, NC
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Today’s Goals
Become familiar with important concepts in the McKinney-Vento Act
Eligibility
Immediate EnrollmentSchool SelectionTransportationUnaccompanied Homeless YouthAccessing Higher EducationYoung Homeless YouthTitle IDisputes
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North Carolina Homeless Education Program (NCHEP)
NCHEP ensures that all children and youth experiencing homelessness have access to the public education to which they are entitled to under the Federal McKinney-Vento Act.
NCHEP ensures that North Carolina's state policies are in compliance with federal law.
NCHEP oversees all programmatic aspects of the state homeless education program while DPI oversees the fiscal components of the program.
Federal Program Monitoring and Support Services Division with NCDPI
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NCHEP Main Responsibilities
Provide technical assistance to LEAs and charter schools on homeless education
Monitor all LEA and charter school homeless education programs for compliance with the McKinney-Vento Act
Conduct compliance meetings and trainings for homeless liaisons and other school personnel
Oversee disputes on enrollment and services provided to homeless students
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Federal Law
The McKinney-Vento Act is a federal law designed to increase the school enrollment, attendance, and success of children and youth who lack a fixed, regular and adequate nighttime residence.
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Today’s Goals (cont’d)
We will also touch on additional aspects of homeless education, including
Accessing Higher EducationYoung Homeless YouthData Collection
NC Homeless Education Statistics
2013 – 2014 26,923*2012 – 2013 27,3692011– 2012 27,802 2010 – 2011 25,392
*Non-certified count
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The McKinney-Vento Act
Subtitle VII-B of the McKinney-Vento Homeless Assistance Act; reauthorized by Title X, Part C of ESEA
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
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Local Liaisons
Play critical role in implementing the McKinney-Vento Act
Every school district and charter school must designate one
Responsibilities include: Identify homeless children and youth Ensure that students enroll immediately and
participate fully in school Inform parents, guardians, or youth of
educational rights Support unaccompanied homeless youth (UHY)
with school selection and disputes
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Local Liaisons (cont’d)
Link students with educational and other services, including preschool and health services
Ensure the public posting of educational rights through the school district and community; NCHEP posters are available for online ordering at: http://center.serve/hepnc/online_order.php
Ensure that disputes are resolved promptly
Collaborate with other district programs and community agencies
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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
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Who Qualifies for services? (cont’d)
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
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Determining Eligibility: The Ground Rules
Determinations are made on a case-by-case basis by examining the living arrangement of each student
Some instances are clear-cut; others require further inquiry and then a judgment call
Reference NCHE’s Determining Eligibility and Confirming Eligibility briefs at: www.serve.org/nche/briefs.php
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Fixed, regular, and adequate are guiding principles If living arrangement does not meet all
three criteria, it could be considered a homeless situation
List of examples given in the definition describes common homeless situations, but is not exhaustive
Determining Eligibility: The Ground Rules (cont’d)
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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
Consider: Can the student go to the SAME PLACE (fixed) EVERY NIGHT (regular) to sleep in a SAFE AND
SUFFICIENT SPACE (adequate)?
Determining Eligibility:Fixed, Regular, and Adequate?
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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? Is the living arrangement another type of situation
that is not fixed, regular, and adequate?
Step 3: Get additional input Contact the local LEA or Charter School homeless
liaison Contact NCHEP helpline at 1-800-659-3204
Determining Eligibility:The Process
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Determining Eligibility: Doubled-up
“Sharing the housing of others due to loss of housing, economic hardship, or similar reason” Considerations for the liaison:
• Why did the parties 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?• Where would family/youth live if not doubled up?• Is the living arrangement fixed, regular, and adequate?
Reference Resource: NCHE Brief: “Determining Eligibility for Rights and Services Under the McKinney-Vento Act” (includes fact finding questions)http://center.serve.org/nche/downloads/briefs/det_elig.pdf
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Meet Tony….
Tony is in the seventh grade. He, his two brothers, and his parents are living doubled up with his uncle after their house was foreclosed on last month. The family has never experienced homelessness before and was glad that relatives were willing to take them in during this rough time.
Their living situation is tense because the house is not large enough for Tony’s family and his uncle’s family to live comfortably. Tony and his brothers are sleeping in sleeping bags on the floor of the living room and they don’t have anywhere to do their homework.
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Awaiting Foster Care Placement
US Department of Education Guidance states:
Awaiting foster care placement = homeless
Already in foster care = not homeless
Local DSS agencies and school districts should coordinate to determine how to support students in and awaiting foster care
Guidance available at: www.ed.gov/programs/homeless/guidance.pdf
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Unaccompanied Youth
An “unaccompanied youth” is:
A youth NOT in the physical custody of a parent or guardian
An “unaccompanied homeless youth” is:
An unaccompanied youth who is living in a situation that meets the McKinney-Vento
definition of homeless
Unaccompanied Homeless
Youth
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Unaccompanied Homeless Youth
Age limits No lower age limit Upper age limit (as with all McKinney-
Vento eligible students) is the state’s upper age limit for public education
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
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Unaccompanied Homeless Youth: School’s Responsibility
Enroll and educate students “When Legal Guardians Are Not Present” brief
http://center.serve.org/nche/downloads/briefs/guardianship.pdf
Do not need to understand or agree with all aspects of students’ lives
Become familiar with state laws and local policies related to unaccompanied youth (medical signature authority and reporting)
Unaccompanied Homeless Youth: Paths to Being “On Your Own”
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Family conflict or crisis Parent 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 Being asked to leave the home Choosing to leave home on their own
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Unaccompanied Homeless Youth: Strategies
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.
More information at:
www.serve.org/nche/downloads/toolkit/app_d.pdf
Be willing to be flexible with students and provide extra supports
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Access to Higher Education
Homeless youth may be designated as Independent Students in order to apply for federal financial aid without parental information (College Cost Reduction and Access Act of 2007) Verification
• Local Liaisons
• RHYA shelter providers
• HUD shelter providers
• Financial Aid Administrators – must use MV definition
Fee waivers for ACT
Summary of Homeless Access Provisions located at: www.naehcy.org/dl/avg1011summary.doc
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Meet Will…..
Will is a 17-year-old who is currently enrolled in your school. He says 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.
Does Will qualify as McKinney-Vento? Does your school have to provide transportation if
requested by Will?
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School Selection
Students have the right to attend: 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 Based on best interest determination; keep student
in school of origin, to the extent feasible, unless this is against the parent, guardian, or youth’s wishes
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If parents/guardians/youth disagree with school, the dispute resolution process is used
Students can continue attending school of origin the entire time they are homeless, and until the end of any school year in which they move into permanent housing
Students who become homeless in between school years can continue attending the school of origin for the following school year
There is no school of origin in transition years (i.e. elementary to middle; middle to high)
School Selection (cont’d)
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Determining Feasibility for School Selection
Feasibility factors (from U.S. Department of Education Guidance, July 2004) Age of the child or youth
Distance of a commute and the impact it may have on the student's education
Personal safety issues
Need for special educational services
Length of anticipated stay in a temporary shelter or other temporary location
Time remaining in the school year
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Determining Feasibility for School Selection (cont.)
Student’s best interest is at the forefront Case-by-case determination No time or distance limit on transporting
student to the school of origin; consider the unique situation of student and how the transportation will affect his/her education
Reference Resource:
NCHE Brief: “Guiding the Discussion on School Selection” (includes useful checklist for processing best interest) www.serve.org/nche/briefs.php
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Meet Benjamin…
Benjamin is a fifth grader whose family became homeless and the family is temporarily staying twenty miles from where he attended school before they became homeless. The local liaison and the parents are discussing which school he should attend.
What are some feasibility considerations?
What additional information do you need?
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States and districts must develop, review and revise policies to remove barriers to school enrollment and retention of homeless children and youth
Definition includes attending classes and participating fully in school activities
Right to enroll in school immediately, even if lacking documentation normally required for enrollment If student does not have immunizations, or immunization
or medical records, local liaison must assist in obtaining them
Enrollment
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Federal law (McKinney-Vento) supersedes state or local law or practice if there is a conflict [U.S. Constitution, Article VI]
“Prompt and Proper Placement” brief located at:
http://center.serve.org/nche/downloads/briefs/assessment.pdf
Enrollment Reminder
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Transportation for Homeless Students
Districts must transport students to and from the school of origin, if requested by parent or guardian (or by liaison for unaccompanied homeless youth)
If the student’s temporary residence and school of origin are in the same district, that district arranges transportation
If the student is living in one district but attending school in another, the districts decide how to divide the responsibility and cost
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Districts/charter schools must provide students in homeless situations with transportation services comparable to those provided to other students
Districts/charter schools can consider other safe transportation options beyond the school bus, at their discretion
Districts/charter schools should include funds in their annual budgets for transporting homeless students identified in their school.
Transportation for Homeless Students (cont’d)
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A student who is homeless and decides to attend a charter school would receive the same type of transportation to the charter school like all other students.
If the charter school does not provide transportation to their students then it is not required to transport a homeless student who enrolls in their school.
The charter school is not responsible for ensuring that a student who is homeless can get to a shuttle stop. However, a charter school may decide to provide transportation to assist the student to the shuttle stop and this is an LEA decision.
A student who is attending a charter school and becomes homeless has the right to receive transportation to the shuttle station or the charter school if a parent cannot provide it. The law reads that it is provided at the request of a parent, guardian or homeless liaison.
When a student who is attending any public school becomes homeless, the school they are enrolled in at the time is their school of origin.
Guidance on Charter School Transportation
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Collaboration of the Title I Coordinator and the McKinney-Vento Homeless Liaison are required to determine an appropriate amount for funds to be reserved for homeless students.
Meetings between both should occur throughout the school year so funds are spent appropriately.
The Title I coordinator and the homeless liaison should be very familiar with each other’s program.
Determine which Title I set aside method you will use: Base amounts on an annual needs assessment for homeless
students Multiply the number of homeless students by the Title IA per pupil
allocation For districts with subgrants, reserve an amount equal to or
greater than the MV funding request Reserve a percentage based on the district’s poverty level or Title
IA allocation
Title I Director and Homeless Liaison Collaboration
Title I Set Aside Funds: Allowable Activities for Homeless
Education
Items of clothing to meet a dress or uniform code
Clothing and shoes necessary to participate in physical educations classes
Student fees that are necessary to participate in the general education program (and if they cannot be waived)
School supplies Birth certificates Extended learning time
(before/ after school, Sat. classes, summer school
Parental involvement specifically oriented to reach out to parents of homeless students
Tutoring services – at shelters or other locations where homeless children stay at night
Counseling services Outreach services SAT Testing GED Testing Salary of a Homeless Liaison Excess cost incurred for
transportation 38
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Transportation to/from the school of origin Rent Utilities Clothing for parents Class rings, yearbooks, or other school year
memorabilia
Additional information available in NCHE brief titled, “Serving Students Experiencing Homelessness under Title I, Part A,” located at: http://center.serve.org/nche/downloads/briefs/titlei.pdf
Title I Set Aside Funds: Prohibited Activities for Homeless
Education
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States ensure access to public preschool programs
Liaisons ensure children can access Head Start, Even Start, and other public preschool programs administered by the school district
Head Start Act provisions for serving young homeless children www.naehcy.org/early.html
IDEA and homeless liaisons work together to identify, evaluate, and serve children who may need special education services.
More on IDEA Child Find at http://www.childfindidea.org/
Identification Tip: When enrolling school-aged children, ask about younger siblings who may be eligible for preschool programs.
Reference Resource:NCHE Brief: “Early Care and Education for Young Children Experiencing Homelessness”http://center.serve.org/nche/downloads/briefs/early-childhood.pdf
Young Homeless Children
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Automatically eligible for free school meals
Undocumented students have the right to attend public school (Plyler v. Doe) and are covered by the McKinney-Vento Act to the same extent as other eligible students
IDEA has provisions for serving homeless students with disabilities. See www.serve.org/nche/ibt/sc_spec_ed.php
Additional Rights for Homeless Students
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If a dispute arises over enrollment or school selection, the school must:
Refer parent, guardian, or youth to the liaison to carry out the dispute resolution process as expeditiously as possible
Provide parent, guardian, or youth with a written explanation of the school’s decision, including the right to appeal
Discuss a time-line for submitting a dispute to State Coordinator
Admit student immediately and provide all services to which he/she is entitled while the dispute is being resolved
Keep documentation for all interventions – not just formal disputes Notify State Coordinator of potential dispute
Reference Resources:
NCHE Brief: “Dispute Resolution” located at: http://center.serve.org/nche/downloads/briefs/resolution.pdf
North Carolina State Board of Education: Policy on Dispute Resolution Process for Homeless Students located at: http://sbepolicy.dpi.state.nc.us/policies/TCS-C-020.asp?pri=04&cat=C&pol=020&acr=TCS
Dispute Resolution
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Does the student meet the definition under McKinney-Vento
The best interest of the student
School stability and feasibility
Enroll immediately
Implement services such as transportation, free meals or
other services
Provide student with education supplies and materials
Provide information to parents and unaccompanied
homeless youth on the McKinney-Vento Act
School system liability and responsibility
Summary
QUESTIONS
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IT’S REQUIRED!
U. S. Department of Education requirementfor
All LEAs and charter schools -- annually!
Even if you have “0” students to report.
Annual Due Date: June 15th
McKinney-Vento Data Collection
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All students identified during the current academic year who have/are attending in your school
Siblings of identified students who are living in the same, or another qualifying homeless situation
Birth to 5: Preschool-Age Siblings Unenrolled School-Age: Out-of-School
Siblings
Who is Reported?
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Program Eligibility Date
Program Withdrawal Date (if applicable)
Nighttime Residency Type (at time of identification)
Unaccompanied Youth Status
Status of retention (or not) in prior school year
Status of whether any services were provided in current academic year
What Information Is Reported?
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Home Base Data Collection Tool
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Navigation
14-15 Year
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Student’s Information Screen
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Student’s Information Screen (cont’d)
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Power School/Home Base questions contact:District PowerSchool Coordinator
McKinney-Vento programmatic questions contact: Patricia Lentz
NCHEP Data Collection page located at: http://center.serve.org/hepnc/data.php
Data CollectionTechnical Assistance
QUESTIONS
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Provide NCHEP with the name and contact information for your designated homeless liaison https://jfe.qualtrics.com/form/SV_2gxWPjFhIvXfHYF
Read the monthly Listserv announcements
Visit our website monthly for new information
http://center.serve.org/hepnc /
Required Actions…
ResourcesNC Homeless Education Program (NCHEP)
1-800-659-3204
www.serve.org/hepnc or http://www.ncpublicschools.org/program-monitoring/homeless/
National Center for Homeless Education (NCHE)
1-800-308-2145
www.serve.org/nche
NCHE Technical Brief
“ Serving Homeless Children and Youth in Charter Schools,” http://center.serve.org/nche/downloads/briefs/charter.pdf
National Association for the Education of Homeless Children and Youth (NAEHCY)
1-855-446-2673
www.naehcy.org 55
Patricia Lentz, Program Specialist North Carolina Homeless Education Program Phone: (336)574-8724Fax: (336) 315-7457E-mail: [email protected]
Lisa Phillips, State Coordinator for Homeless EducationNorth Carolina Homeless Education Program Phone: (336)315-7491Fax: (336) 315-7457E-mail: [email protected]
North Carolina Homeless Education Program (NCHEP)
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QUESTIONS
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