AdvancedMcKinney-Vento

Gary Rutkin,Federal Program Coordinator, USDEgary.rutkin@ed.gov

Joy MosesStaff Attorney, NLCHPjmoses@nlchp.org

Barbara DuffieldPolicy Director, NAEHCYbduffield@naehcy.org

Patricia JulianellePro Bono Counsel, NAEHCYpjulianelle@naehcy.org

Getting StartedWe’ve provided note cards and “100 Most Frequently

Asked Questions” on your chairs (extras are available at the front).

Please first consult the FAQ to see if your question is addressed there.

If your question is not addressed, or you need additional clarification, please write one question on each note card.

If you like, write your email address on the card; if we can’t get to your question today, we’ll email you after the conference.

We’ll collect the note cards and start our conversation in about 10 minutes.

DefinitionsThe term 'homeless children and youths' - (A) means individuals who lack a fixed, regular, and

adequate nighttime residence; and(B) includes-(i) children and youths who are sharing the housing of

other persons due to loss of housing, economic hardship, or a similar reason;are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;are living in emergency or transitional shelters;are abandoned in hospitals; or

are awaiting foster care placement;

Definitions (cont.)(ii) children and youths who have a primary nighttime

residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv) migratory children who … are living in circumstances described in clauses (i) - (iii)….

McKinney-Vento Act section 725(2)

Age Range: age 21 and under, depending on state law

Identification Strategies Avoid using the word "homeless" in initial contacts

with school personnel, families, or youth. Coordinate with community service agencies, such

as shelters, soup kitchens, food banks, street outreach teams, drop-in centers, welfare/housing agencies, public health, faith-based organizations.

Provide outreach materials and posters where there is a frequent influx of low-income families and youth in high-risk situations, including motels and campgrounds.

Develop relationships with truancy officials and/or other attendance officers.

Identification Strategies (cont.) Provide awareness activities for school staff

(registrars, secretaries, school counselors, school social workers, school nurses, teachers, bus drivers, administrators, etc.).

Make special efforts to identify preschool children, including asking about the siblings of school-age children.

Use enrollment and withdrawal forms to inquire about living situations.

Have students draw or write about where they live.

Definitions/Identification Resources

Coordinating an Effective Identification and Tracking System. Monday, 3:15, in Ouachita.

Determining Eligibility for Rights and Services

www.serve.org/nche/downloads/briefs/det_elig.pdf

Local Homeless Education Liaison ToolkitEducational Rights PostersEnrollment: Ready Reference for Schoolswww.serve.org/nche/products.php

School Selection Children and youth in homeless situations can

stay in their schools of origin or enroll in any public school that students living in the same attendance area are eligible to attend, according to their best interest.

722(g)(3)(A)

Best interest is defined: LEAs must keep students in homeless situations in their school of origin, to the extent feasible, unless it is against the parent’s or guardian’s wishes.

722(g)(3)(B)(i)

School Selection (cont.) USDE Feasibility Criteria: a student-centered and

individualized determination• Age • Special needs• Safety • Impact of commute• Length of stay • Time left in school year

Students can stay in 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.

722(g)(3)(A)(i); 722(g)(3)(A)(i)(II)

Transportation LEAs must provide students experiencing

homelessness with transportation to and from their school of origin, at a parent’s or guardian’s request (or liaison’s request for unaccompanied youth).

722(g)(1)(J)(iii)

If the student’s temporary housing is in the same school district as the school of origin, that district must provide transportation. If crossing district lines, the districts must agree upon a method to apportion cost and responsibility, or split it evenly.

722(g)(1)(J)(iii)

Transportation Strategies Coordinate with local housing authorities and

placement agencies to house students near their schools of origin.

Re-route school buses (including special education, magnet school and other buses), and ensure that buses travel to shelters, transitional living programs, and motels.

Develop close ties among LEA homeless liaisons, school staff and pupil transportation staff, and designate a district-level point of contact to arrange and coordinate transportation.

Transportation Strategies (cont.)

Provide passes for public transportation, including passes for caretakers when necessary.

Take advantage of transportation systems used by public assistance agencies.

Reimburse parents, guardians or unaccompanied youth for gas.

Use approved van or taxi services.

School Selection/Transportation Resources

Transportation 101. Monday, 10:30, in Ouachita.Advanced Transportation. Monday, 1:45, in

Ouachita.

“Guiding the Discussion on School Selection”www.serve.org/nche/downloads/briefs/

sch_sel_checklist.pdf“Increasing School Stability for Students

Experiencing Homelessness: Overcoming Challenges to Providing Transportation”

www.serve.org/nche/products_list.php#increasing

Enrollment Children and youth have the right to enroll

in school immediately, even if they do not have required documents, such as school records, medical records, proof of residency, or other documents.

722(g)(3)(C)(I)

“Enroll” and “enrollment” include attending classes and participating fully in school activities.

725(1)

Federal law supersedes state and local laws where there is a conflict.

U.S. Constitution, Article VI

Enrollment (cont.) Liaisons must help get immunizations or immunization

records.722(g)(3)(C)(iii)

Enrolling schools must obtain school records.722(g)(3)(C)(ii)

SEAs and LEAs must (1) address enrollment delays caused by immunization and medical records requirements, residency requirements, lack of birth certificates, school records or other documentation, guardianship issues, or uniform or dress code requirements; and (2) develop, review and revise their policies to remove barriers to enrollment and retention.

722(g)(1)(H) & (I)

Enrollment Strategies Train all school enrollment staff, secretaries,

school counselors, school social workers and principals on the legal requirements for enrollment.

Review LEA policies and revise them, as necessary.

Develop alternative caretaker forms, enrollment forms for unaccompanied youth, and other forms to replace typical proof of guardianship

Be sensitive about smoothly integrating new students into the classroom and school community.

Enrollment ResourcesLocal Homeless Education Liaison ToolkitEnrollment: Ready Reference for Schoolswww.serve.org/nche/products.phpFrom the School Office to the Classroom:

Strategies for Enrolling and Supporting Students Experiencing Homelessness

www.serve.org/nche/downloads/dis_hb/enrollment.pdf

Prompt and Proper Placementwww.serve.org/nche/downloads/briefs/

assessment.pdf

Unaccompanied Youth Homeless youth not in the physical

custody of a parent or guardian.725(6)

LEA liaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, inform youth of their appeal rights, and assist with transportation.

722(g)(3)(B)(iii)

School personnel must be made aware of the specific needs of runaway and homeless youth.

722(g)(1)(D)

Strategies for Serving Youth

Revise LEA policies immediately to accommodate unaccompanied youth and comply with the McKinney-Vento Act.

Train LEA homeless liaisons and all school enrollment staff, secretaries, guidance counselors, principals and teachers on the definition, rights and needs of unaccompanied youth.

Develop collaborative relationships with local shelters, transitional living programs, street outreach teams, and other service providers for unaccompanied youth.

Strategies for Serving Youth (cont.) Use creative techniques to identify youth in

homeless situations, including youth living doubled-up with friends or relatives, while respecting their privacy and dignity. Such techniques may include involving social workers, surveying peers and using enrollment questionnaires.

Provide unaccompanied youth the opportunity to enroll in diversified learning opportunities, such as vocational education, credit-for-work programs and flexible school hours.

Permit flexible exceptions to school policies on class schedules, tardiness, absences and credits to accommodate the needs of unaccompanied youth.

Unaccompanied Youth ResourcesAdvanced Unaccompanied Children and Youth.

Monday, 1:45, in Peabody: Harris.

When Legal Guardians Are Not Present: Enrolling Youth on Their Own

www.serve.org/nche/downloads/briefs/guardianship.pdfSurviving on Your Own: Information for Youth on

How Schools Can Helpwww.serve.org/nche/products_list.php#youth_bookletAlone Without a Home: A State-by-State Review of

Laws Affecting Unaccompanied YouthLegal Tools to End Youth Homelessnesswww.nlchp.org

Preschoolers State plans must ensure that children have

access to preschool programs.722(g)(i)(F)(i)

State Coordinators must coordinate with social services agencies, child development and preschool program personnel and other agencies to provide comprehensive services to preschoolers

722(f)(4) and (5)(A)

Liaisons must ensure that families and children receive Head Start, Even Start programs and preschool programs.

722(g)(6)(A)(iii)

Head Start and Homeless Families

U.S. HHS issued a memo describing how Head Start grantees should collaborate with State Coordinators, liaisons and community agencies and adjust their programs to serve children in homeless situations. (6/5/92)

www.naehcy.org/us_hhs_memo.pdf

Strategies for Serving Preschoolers

Include homelessness in the list of criteria for priority enrollment, classify homelessness as an “at risk” factor, and/or include homelessness specifically as a criterion for "most in need."

Identify an appropriate number of slots to be held open for children experiencing homeless, and/or prioritize these children on waiting lists.

Permit children to enroll in preschool immediately, even without meeting enrollment document requirements.

Strategies for Preschoolers (cont.) Train LEA liaisons and all preschool staff on the

definitions, rights, and needs of preschool-age children experiencing homelessness.

Set up meetings with community service agencies to collaborate re: available preschool programs, recruiting families experiencing homelessness, the enrollment process, transportation, and other services.

Emphasize a classroom structure that limits distractions, provides a simple daily schedule and individualized attention, includes a strong family component, offers extended day services, and anticipates mobility.

Resources for PreschoolersPractical Strategies for Accessing Early Childhood

Education. Monday, 1:45, in Peabody: Manning.What About the Babies and Toddlers? Monday,

3:15, in Peabody: Manning.

Helping Young Children Grow & Learn: A Guide for Families and Shelter Providers.

www.wm.edu/hope/infobrief/ECSE-family.pdfUsing the Best That We Know: Supporting Young

Children Experiencing Homelessness.www.wm.edu/hope/infobrief/ECSE-educ.pdf

Title I, Part A and Homelessness

Children and youth experiencing homelessness are automatically eligible for Title I services, no matter what school they attend.

Title I Part A, 1115(b)(2)(E)

LEAs must reserve (set aside) funds to provide comparable services to homeless children, including educationally related support services.

Title I Part A, 1113(c)(3)(A)

States must include homeless students in academic assessment, reporting, and accountability systems.

Title I, Part A Regulation 200.6(d)

Title I and Homelessness (cont.)

LEA Title I plans must describe the services that will be provided to homeless children, including services from the set-aside.

Title I Part A, 1112(b)(1)(O)

LEAs and SEAs cannot receive Title I, Part A funding unless they submit a plan that is coordinated with the McKinney-Vento Act.

Title I Part A, 1112(a)(1)

Title I Strategies Establish a formula or other method to

allocate Title I set-asides for homeless children and youth.

Pool Title I and McKinney-Vento funds to provide a comprehensive program for homeless students, ensuring that specific needs of children experiencing homelessness or high mobility are met.

Ensure that the needs of children experiencing homelessness are taken into account in the needs assessments that are required for schoolwide programs.

Title I Strategies (cont.) Make appropriate testing accommodations for

children who are homeless; for example, having opportunities to make up tests if children are absent on testing day.

Ensure that local liaisons are trained to collect achievement data for all homeless students, and that district records systems enable this data collection while taking into account confidentiality issues.

Use Title I funds (including set-aside funds) to support the LEA homeless liaison position, to meet basic needs, and/or to provide tutoring and/or outreach services

Title I Resources

Including Children and Youth Experiencing Homelessness in State and Local Accountability Systems.

www.serve.org/nche/downloads/briefs/accountability.pdf

Title I and Homelessnesswww.serve.org/nche/downloads/briefs/titlei.pdf

What is special education?

• Specially-designed instruction, • at no cost to parents, • to meet the unique needs of a child with a

disability.

20 USC 1401(29); 34 CFR 300.39

Who is a child with a disability?Children aged 3-21 who need special

education and related services by reason of their disability.

(See IDEA Part C for children under 3.)

-Learning disabilities - Autism-Mental retardation - Hearing impaired-Emotional disturbance - Vision impaired-Other health impairment - Developmentally-Orthopedic impairment disabled

1401(3); CFR 300.8

EvaluationsIDEA now says evaluations must be completed

within 60 days or within state timeframes.1414(a)(1)(c); 300.301(c)

Applies to students who change LEAs while evaluations are pending, UNLESS

(i) the new LEA is “making sufficient progress to ensure a prompt completion of evaluations,” AND

(ii) “the parent and the LEA agree to a specific time when the evaluation will be completed.”

1414(a)(1)(C)(ii); 300.301(d)(2)

Also: Schools must coordinate with prior schools

“as necessary and as expeditiously as possible to ensure prompt completion of full evaluations.”

1414(b)(3)(D); 300.304(c)(5)

“Lack of instruction” is not grounds to refuse to evaluate a student; must be considered as part of evaluation process (SLD) or part of eligibility determination.

1414(b)(5); 300.306, 300.309

The IEPIf evaluations show that the student

needs special education and related services due to a disability, the school must develop an Individualized Education Program (IEP) for the student within 30 days.

1414(d); 300.320, 300.323

If the IEP is current, the new LEA must immediately provide appropriate services.(meaning “services comparable to those described” in the previous IEP,in consultation with parents). 1414(d)(2)(C)(i); 300.323(e)

The new LEA must promptly obtain the child’s records from the previous school, and the previous school must promptly respond to records requests.

1414(d)(2)(C)(ii); 300.323(g)

How are IEPs implemented when a child changes LEAs?

OK, then what?

The new LEA can either adopt the old IEP, or develop a new one.

If it’s a new state, the LEA can conduct new evaluations.

1414(d)(2)(C)(i); 300.323(e)

Who can sign for special education services for a minor?

parent, foster parent, guardian, person who is acting in the place of a

parent and with whom the child is living; can be a non-relative (300.20 “include”),

a person legally responsible for the child. 1401(23); 300.30(a)(4)

Um, what if a student doesn’t have any of those people?

The LEA must assign a “surrogate parent” within 30 days if:

no such adult can be identified or located, the student is a ward of the State, or the student is an unaccompanied youth

under McKinney-Vento.

1415(b)(2); 300.519

Normally, surrogate parents can’t be employees of SEAs, LEAs, or other agencies involved in the education and care of the child.BUT for unaccompanied youth, the following people can be temporary surrogates:• Staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs;• State, LEA, or agency staff involved in the education or care of the child.

300.519; preamble to regulations

IDEA and McKinney-Vento ARE compatible!

IDEA now specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento.

1402(11); 300.19

IDEA now specifically requires each public agency to ensure that the rights of unaccompanied homeless youth are protected.

300.519(a)

Any state receiving IDEA funds must ensure that the requirements of the McKinney-Vento Act are met for all children with disabilities in homeless situations in the state.

1412(a)(11)(A)(iii); 300.149(a)(3)

Special Education Resources A New IDEA. Monday, 1:45, in Statehouse: Miller

NASDSE (www.nasdse.org) CEC (www.cec.sped.org/)

CEC Today – March 2003 Project HOPE-VA (www.wm.edu/hope)

Information briefs – special ed., ECSE National Dissemination Center for Children With Disabilities

www.nichcy.org (Includes fact sheets) NAEHCY, NCHE and NLCHP

Individuals with Disabilities Education Improvement Act (IDEA) of 2004: Provisions for Children and Youth with Disabilities Who Experience Homelessness; http://www.serve.org/nche/downloads/briefs/idea.pdf

National Early Childhood Technical Assistance Center www.nectac.org

Special Education Resources (cont’d) Parent Training and Information Centers

(888) 248-0822 The Child Advocate

www.childadvocate.net/educational.htm Free legal resources for students with disabilities

National Disability Rights Network (www.napas.org) www.nls.org/paatstat.htm

Resources for parents of students with disabilities, from USDE www.ed.gov/parents/needs/speced/resources.html

Center for Law and Education www.cleweb.org

USDE Office of Special Education Programs www.ed.gov/offices/OSERS/OSEP

USDE Office for Civil Rights www.ed.gov/offices/OCR

FERPA: Family Educational Rights and Privacy Act

20 U.S.C. § 1232g; 34 CFR Part 99

Provides parents access to and protects the privacy of student education records.

Who are parents? Both natural parents (unless provided with

evidence that there is a court order, state law, or other legal document that revokes these rights), or

A guardian, or An individual acting as a parent in the absence

of a parent or a guardian. Rights transfer to the student when he or she

reaches the age of 18 or attends a school beyond the high school level.

99.3 - 99.5

What are student education records?

Records that ARE:(1) Directly related to a student; and(2) Maintained by an educational agency or institution that receive funds under an applicable USDE program

BUT ARE NOT:Directory information (which can be given to anyone who requests it, if school has informed parents and given them a chance to refuse the release of any DI)

99.3, 99.37

What is Directory Information?

Information not generally be considered harmful or an invasion of privacy if disclosed.

Examples: name, address, telephone listing, email, photograph, date and place of birth, etc.

Directory Information can NEVER include: Social security number or Student identification

number Race Nationality Ethnicity Gender

99.3, 99.37

When can a school releasestudent education records?

Generally, only with written permission BUT, there are 15 exceptions!

Officials (incl. teachers) of the same school who have “legitimate educational interest” Other schools to which a student is transferring / currently attending (with “reasonable attempt” to notify parents at last known address); “State and local educational authorities” for audit/evaluation or to enforce / monitor compliance with federal laws

99.30-99.31

HIPAA: Health Insurance Portability and Accountability Act

45 CFR Parts 160, 164

Protects the privacy of health care records

HIPAA staff have confirmed that HIPAA does NOT prevent a health care provider (doctor’s office, health clinic, school, etc.) from transferring immunization records to a school for the purposes of enrollment.

If health care providers are resistant:

Obtain a copy of those health care providers’ form for authorizing the disclosure of health information and include that form in standard enrollment packets.

Once signed by a parent, this release should make even the most conservative health care providers feel comfortable releasing the information.

FERPA / HIPAA Resources

USDE FERPA hotline: (202) 260-3887 USDE FERPA fact sheet:

www.ed.gov/policy/gen/guid/fpco/ferpa/index.html FERPA Q&A:

www.access.gpo.gov/nara/cfr/waisidx_04/34cfr99_04.html “Summary of the HIPAA Privacy Rule”, May

2003www.hhs.gov/ocr/privacysummary.pdf

“Uses And Disclosures For Treatment, Payment, And Health Care Operations,” December 3, 2002 (Revised April 3, 2003)www.hhs.gov/ocr/hipaa/guidelines/sharingfortpo.pdf

Disaster Planning, Response,and Recovery

Why Reinvent the Wheel? Tuesday, 8:45, in Ouachita

Upcoming NCHE Publication

A McKinney-Vento Toolbox: Constructing a Robust and Rigorous McKinney-Vento Program, In Case of Disaster – and Every Day