Students In Temporary Housing (STH)
October 2008
Asantewa James Winnie TjioeSTH Content ExpertsQueens Integrated Service Center
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Student in Temporary Housing (STH)Overview
McKinney Vento Homeless Assistance Act and Chancellor’s Regulation A-780 ensure that students in temporary housing have equal access to the same free
and appropriate public education as permanently housed students, and prohibit segregating homeless
students.
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Who is Considered Homeless Under the McKinney Vento Act?One who lacks a fixed, regular, and adequate nighttime residence, including children and youth who are:
Living in emergency or transitional housing;
Sharing housing due to loss of housing or economic hardship;
Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate housing;
Awaiting foster care placement;
Living in cars, parks, public spaces, abandoned buildings, substandard housing, or bus or train stations;
Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations; or
Migratory children who qualify as homeless because they are living in the circumstances described above.
(M-V Section 725(2); N.Y. Educ. Law § 3209(a)(2))
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Fixed, Adequate and Regular
Fixed A fixed residence is one that is stationary,
permanent, and not subject to change
Regular A regular residence is one which is used on a
nightly basis
Adequate An adequate residence is one that is sufficient for
meeting both the physical and psychological needs typically met in home environments
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Unaccompanied Youth
The McKinney-Vento Act and state laws that deal with the educational rights of children and youth who are homeless, define an unaccompanied youth as one:
Who is “not in the physical custody of a parent or guardian” (M-V Sec. 725(6)) and
Who lacks a fixed, regular, and adequate nighttime residence. (M-V Section 725(2); N.Y. Educ. Law § 3209(1)(a)(1))
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School Responsibilities under McKinney Vento Act and Chancellor’s Regulation
Schools must be aware of students’ rights, which include full transportation regardless of distance and free meals
Schools must immediately enroll STH students even if they do not have all of their records. STH Content Experts and/or Family Assistants are available to assist STH families obtain all the necessary documentation. Schools must also allow unaccompanied youth to enroll him/herself. In such cases, it is strongly suggested that schools contact Department of Youth and Community Development (DYCD) and STH Content Expert for assistance
To identify students in temporary living situations and to determine the educational services and supports they may be eligible to receive, schools need to distribute the Residency Questionnaire to newly enrolled students and to students changing their addresses
In the case of enrollment dispute, the school of student’s choice must immediately enroll the student, provide a written explanation of its decision, and contact STH Content Expert to assist the student with the dispute process
Schools must inform STH families of their education rights by putting up STH posters and providing STH families with the McKinney-Vento guides. Both the guides and posters are available at the ISC upon request
Schools may use Title 1 funding to provide additional support for students in temporary housing
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What are the Rights of Students in Temporary Housing under the McKinney Vento Act and Chancellor’s Regulation?
To a free public education
To remain in their school of origin (the school they last attended before becoming homeless or the school they were last enrolled) or the local school of their current placement
To transportation services to and from school regardless of distance requirement
To not be denied school enrollment just because of their situation or because they lack enrollment documentation (including immunization record).
To not be separated from the regular school program because they are homeless
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Children and Youth Coming from Out of State
Under federal law, an unaccompanied youth who is coming from out of state may still attend the school of origin provided that it is feasible and in the best interests of the youth M-V Section 722(g)(3)(B)
“Feasible” is not defined under federal or state law
Where the youth would have to travel over 50 miles, it is probably not in the best interests of the youthN.Y. Educ. Law § 3209(4)(c)
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Enrollment and Transfer of Records for Homeless Students
Students who are homeless are entitled to immediate enrollment, even if they do not have:
school records, medical records including immunization records, proof of residency, guardianship papers, birth certificate, or other documents normally needed.
M-V Section 722(g)(3)(C)(i); N.Y. Educ. Law § 3209(2)(e); 8 N.Y.C.R.R. § 100.2(x)(4)(ii).
“Enroll" means attending classes and participating fully in school activities. This applies for students with IEPs. M-V Section 725(1)
Unaccompanied youth experiencing homelessness do not need their parents to enroll in school.
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Enrollment and Transfer of Records for Homeless Students
Enrolling schools should obtain the school records from the previous schoolM-V Section 722(g)(3)(C)(ii); N.Y. Educ. Law § 3209(2)(e)(3); 8 N.Y.C.R.R. § 100.2(x)(4)(iv)
Within 5 days of receiving the request for records, the previous school should forward a complete copy of the youth’s records including proof of age, academic records, evaluations, immunization records, and guardianship papers to the enrolling school. N.Y. Educ. Law § 3209(2)(f); 8 N.Y.C.R.R. § 100.2(x)(5)
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Transportation for Students in NYCFor students not receiving busing, a full-fare MetroCard should be provided by the school. All normal distance and age requirements are waivedChancellor’s Regulation A-780
Students waiting to receive a full-fare MetroCard from school should receive Student MetroCards from the STH Content Experts or STH Family AssistantM-V Section 722(g)(1)(J)(iii)
A parent, of a student in grade 6 and under who receives a full fare Metro Card, can also receive a Metrocard from the STH Family Assistant or STH Content Expert to transport their child to and from school
In certain circumstances, transportation may be provided through the academic year in which the child or youth moves into permanent housing. M-V Section 722(g)(1)(J)(iii)& 722(g)(3)(A)(I)
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Access to Comparable Services
Youth living in temporary housing are to be provided services comparable to those received by other students in the school selected, including transportation services and education programs for which students meet eligibility criteria such as:
services provided under Title I or similar state or local programs
programs for students with disabilities
programs for students with limited English proficiency
vocational or technical programs
gifted and talented programs
and school nutrition programs. M-V Section 722(g)(4)
Special Education: Students who Temporarily Relocate within
NYC
For students in temporary housing who transfer to a local school:
Placement and transportation in the new district must be arranged
The local school must immediately request the student’s IEP and other pertinent records from the school where the child last attended
For students who remain in the school of origin:
Family or family assistant must notify the school of the change of address so changes in transportation can be arranged
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Special Education: Students in Temporary Housing from outside
of NYCWhen a child with a current IEP changes school districts during the school year, the new school district must immediately provide services comparable to those described in the previous IEP
Where a student has transferred to a new school district, the new school district can either adopt the old IEP or implement a new IEP
It is the enrolling school’s responsibility to request the child’s special education records from the previous school and that school must respond to the records request within 5 days
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Special Education – Unaccompanied Youth
School districts must appoint a surrogate parent within 30 days
Staff members of emergency shelters, transitional shelters, independent living programs, and street outreach programs can be temporary surrogate parents
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Residency Questionnaire
To properly identify students in temporary housing, schools must distribute the Residency Questionnaire along with the McKinney Vento Act Guide to Parents to newly enrolled students and to students who are changing their addresses
Housing status should be inputted into ATS as part of student’s biographical information
Paper copy of the Residency Questionnaire should be filed in the student’s cumulative record
Pupil Accounting Secretary may pull a roster of STH students in their school using UPCO and RBIR functions in ATS
Copies of the Residency Questionnaire and the McKinney Vento guide can be found in NYC Department of Education website (http://schools.nyc.gov/default.aspx)
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Resources
Family Assistants/ Educational Liaisons- In Department of Homeless Service (DHS) shelters and in some schools,
Family Assistants or Education Liaisons are available to assist homeless parents and their children with their educational needs
Students In Temporary Housing Content Expert- Each borough Integrated Service Center (ISC) has at least one Students in
Temporary Housing (STH) Content Expert who serves as the STH liaison and manages programs and services designed to help children who are homeless pursue their education. They supervises the Family Assistants who are shelter based
Students in Temporary Housing Liaison- Each Children First Network (CFN) has a designated STH liaison available
to assist children who are homeless with their educational needs. Additionally, District 75 and District 79 each have a designated STH liaison
available to assist children who are homeless with their educational needs
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Office of Youth Development Integrated Service Center Location Districts
Content Expert - STH Name Office Number E-mail
Bronx 1 Fordham Plaza, Rm821A Bronx, NY 10458
7, 8, 9, 10, 11, 12
Stephanie Dyer (718) 741-7783 [email protected]
Regina Ross (718) 741-8595 [email protected]
Brooklyn 131 Livingston Street
Brooklyn, NY 1120113, 14, 15, 16, 19, 23, 32
Jean Regnier (718) 935-3296 [email protected]
Wayne Harris (718) 812- 5927 [email protected]
Staten Island 715 Ocean Terrace
Staten Island, NY 1030117, 18, 20, 21, 22, 31
Keshia Jackson 718-390-1531 [email protected]
Charlene Mitchell (718) 390-1530 [email protected]
Manhattan 333 7th Avenue, 12th Floor
Manhattan, NY 10001 1, 2, 3, 4, 5, 6
Cecilio (Bo) Diaz (917) 339-1698 [email protected]
Iris Gersten (917) 339-1718 [email protected]
Queens 28-11 Queens Plaza North
Long Island City, NY 1110124, 25, 26, 27,
28, 29, 30
Asantawea James 718-391-6834 [email protected]
Winnie Tjioe 718-391-6832 [email protected]
Citywide Districts Name Office Number E-mail
Special Education 400 First Avenue, Room 113
New York, NY 10010 75
Paul Cooper (212) 802-1565 [email protected]
Michele Marcel (212) 802-1579 [email protected]
Alternative High Schools 90-27 Sutphin Blvd., 2nd Floor Jamaica,
NY 11435 79 Stacey Oliger (917) 521-3634 [email protected]
Office of School and Youth Development 52 Chamber Street, Room 218
New York, NY 10007Citywide
Susana Vilardell, Senior Program
Manager (212) 374-2530 [email protected]
Nicole Fenice, Program Coordinator (212) 374-0860 [email protected]
Contact Information
Additional Resource
McKinney Vento and technical assistance link: http://www.nysteachs.org/
Office of School and Youth Development Best Practices Standards link: http://portal.nycboe.net/sites/FinanceAdmin/OSYD/SchoolPortal/Safety/Safety%20Documents/BEST%20PRACTICES%20STANDARDS%202008.pdf