Determining Eligibility for Rights and Services Under McKinney-Vento

Co-presented by NAEHCY

and

NYS-TEACHSPatricia Julianelle, NAEHCY

Michelle Frank, NYS-TEACHS.

.

NYS-TEACHS 800-388-20142

Today’s Training

• General Overview: McKinney-Vento Rights and Protections for Students in Temporary Housing

• Strategies for Service Providers

• Sample Scenarios – Discussing the “Grey Areas”

NYS-TEACHS 800-388-20143

Legal Protection

The McKinney-Vento Homeless Education Assistance Act

Federal Law Reauthorized 2002 by NCLB

Main themes:• School stability• School access• Support for academic success• Child-centered, best-interest-based decision making • Prohibition against segregating students from their

permanently housed peers.

Protects the educational rights of children and youth experiencing homelessness

NYS-TEACHS 800-388-20144

School StabilityKey Provision

• Under McKinney-Vento, students experiencing homelessness can stay in their school of origin or enroll in any local public school that students living in the same area are eligible to attend.

• If MV-protected students decide to attend the school of origin, they are also entitled to transportation to that school.

NYS-TEACHS 800-388-20145

Who is covered under McKinney-Vento?

All students who lack a night-time residence that is:

• FIXED, • REGULAR, AND • ADEQUATE

If living arrangement does not meet all three criteria, it is considered a homeless situation.

NYS-TEACHS 800-388-20146

What do Fixed, Regular, and Adequate mean?

FixedA fixed residence is one that is stationary, permanent, and not subject to change.

RegularA regular residence is one which is used on a predictable or routine basis.

AdequateAn adequate residence is one that is sufficient for meeting both the physical and psychological needs typically met in home environments.

NYS-TEACHS 800-388-20147

““The Nature of the Beast””

• Determining eligibility is a case-by-case determination made by examining the living arrangement of each individual student.

• Some instances will be clear-cut; others will require further inquiry and then a judgment call.

• Determinations of eligibility cannot delay immediate enrollment and the prompt provision of services for MV students.

NYS-TEACHS 800-388-20148

Ask yourself…

“Does the student’s living situation create a high risk to his consistent

enrollment or participation in a particular school?”

If the answer is “yes,” the McKinney-Vento Act

may very well apply.

NYS-TEACHS 800-388-20149

Examples of Students Protected by McKinney-Vento

Living in emergency or transitional housing;

Sharing housing due to loss of housing or economic hardship -- ALSO KNOWN AS “DOUBLED UP”;

Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate housing;

Abandoned in hospitals;

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; and

Migratory children who qualify as homeless because they are living in the circumstances described above.

Age range: up to 21 years old.

NYS-TEACHS 800-388-201410

Resolution of Disputes—Key Provisions

• When a dispute over enrollment arises, the student must be admitted immediately to the school of choice (School of Origin or Local School) while the dispute is being resolved.

• Every district must have a dispute resolution procedure.

• Liaisons must ensure unaccompanied youth are enrolled immediately, even if a dispute is pending.

NYS-TEACHS 800-388-201411

Dispute Resolution Process

• Under the dispute resolution process:• the student must be immediately enrolled in the

requested school,• the student must be provided with all services

for which McKinney-Vento eligible students are entitled (e.g. transportation, Title I services, free meals),

• enrollment must continue until the dispute is resolved, and

• the parent/guardian/unaccompanied youth should be referred to the liaison for assistance with the appeal process.

NYS-TEACHS 800-388-201412

Step 1: Get the FactsStep 1: Get the Facts

• Use a standard enrollment form for all students; this will assist with identifying eligible students. (See http://www.serve.org/nche/forum/eligibility.phpfor sample residency questionnaires/enrollment forms)

• If the form indicates a possible homeless situation, investigate to make the determination.

• Avoid using the word “homeless”: some families may want to avoid the stigma; others (such as doubled-up or living in a motel) may not consider themselves homeless and yet they might be eligible.

NYS-TEACHS 800-388-201413

Step 1: Get the Facts (ctd.)Step 1: Get the Facts (ctd.)

• Do not contact persons outside the school system to probe for more information regarding the family’s living arrangement.

• Discuss the living arrangement in a private place and with sensitivity.

• Inform the family about the benefits of eligibility, including immediate enrollment and the provision of services.

NYS-TEACHS 800-388-201414

Step 2: Analyze the FactsStep 2: Analyze the Facts

• Does the student’s living arrangement fit into one of the examples of homelessness in the law?

• If not, would the student qualify because he/she lives in another type of living arrangement that does not meet the fixed, regular, and adequate standard?

• Use the information/questions contained in the Determining Eligibility brief to assist in answering these questions

NYS-TEACHS 800-388-201415

Scenario 1: JohnScenario 1: John

John had been living with his parents in permanent housing in District A when their house was foreclosed on because his parents couldn’t make the mortgage payments. John’s family moved in temporarily with relatives in District B. Since John is no longer living in District A, his parents enrolled him in District B as a permanently housed student. The liaison in District B spoke with John about his living situation, but neither he nor his parents consider themselves homeless.

NYS-TEACHS 800-388-201416

Scenario 1: John (ctd.)Scenario 1: John (ctd.)

• What questions should the liaison ask to determine whether John is covered under McKinney-Vento?

• If John’s relatives in District B were living in Section 8 housing and the landlord was unaware that John and his parents had moved in, would that have any bearing on the situation?

NYS-TEACHS 800-388-201417

Scenario 1: John (ctd.)Scenario 1: John (ctd.)

• If instead of moving in with relatives in a neighboring district John and his family moved into a local motel, would John be covered under McKinney-Vento? Why or why not?

• If instead of having lost their home, John’s parents decided to sell their house and purchase a new home in a neighboring district but the deal with the home in the neighboring district fell through, how would that affect the situation?

NYS-TEACHS 800-388-201418

Scenario 1: John (ctd.)Scenario 1: John (ctd.)

After staying with their relatives for several weeks, John and his family then rent an apartment in District B because it was too crowded living doubled up with another family. John’s family does not have a written lease and his parents continue to look for permanent housing in District A.

NYS-TEACHS 800-388-201419

Scenario 1: John (ctd.)Scenario 1: John (ctd.)

• What questions should the liaison ask to determine whether John is covered under McKinney-Vento?

• What if the family is still living in the same apartment after 6 months?

• What if the apartment only has one bedroom and John is sleeping in the living room?

NYS-TEACHS 800-388-201420

Scenario 2: LisaScenario 2: Lisa

Two years ago, Lisa was removed from her parents’ home and placed in foster care in District A, where she had been attending school. Several weeks ago, Lisa was removed from her foster care placement following a disagreement with the foster care family and received another foster care placement in the same school district. Lisa stayed in this placement for about ten days before the family requested her immediate removal, at which point the student moved into a group home. The student left the group home and for the past week, Lisa has been living in a 30-day shelter outside of District A while the Department of Social Services looks for another foster care placement.

NYS-TEACHS 800-388-201421

Scenario 2: Lisa (ctd.)Scenario 2: Lisa (ctd.)

• Is Lisa covered under McKinney-Vento? Why or why not?

• If instead of having moved into a shelter, Lisa was placed in another foster care home outside of District A, would she be covered under McKinney-Vento?

• If after Lisa left the group home she went to go live with a friend’s family in an effort to escape the foster care system, would Lisa be covered under McKinney-Vento?

NYS-TEACHS 800-388-201422

Scenario 2: Lisa (ctd.)Scenario 2: Lisa (ctd.)

• If Lisa never entered the foster care system, but instead left her parents’ home on her own when she turned 17 y.o. and became self-supporting (she receives no money from her parents, secured a job, pays rent for an apartment, attends school, lives apart from her parents, etc.), would she be covered under McKinney-Vento?

• Would your answer to the above question change if you found out Lisa’s apartment is roach-infested and does not have heat in the winter?

NYS-TEACHS 800-388-201423

Identification Strategies

• Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, etc.)

• Coordinate with community service agencies, such as shelters, soup kitchens, drop-in centers, welfare and housing agencies, and public health departments

• 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

• Educate school staff about “warning signs” that may indicate an enrolled child or youth may be experiencing homelessness

NYS-TEACHS 800-388-201424

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

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

• Use enrollment and withdrawal forms to inquire about living situations

• Have students draw or write about where they live

• Avoid using the word "homeless" in initial contacts with school personnel, families, or youth

Identification Strategies (ctd.)

NYS-TEACHS 800-388-201425

Step 3: “Call for Back-up”Step 3: “Call for Back-up”

• Education of Children & Youth in Homeless Situations: the 2004 Guide to Their Rights http://www.nlchp.org/content/pubs/Education%20of%20Children%20&%20Youth%202004%20Guide%20to%20Thier%20Rights.pdf

• Connecting Homeless Students to Special Education Services http://www.nlchp.org/content/pubs/Special%20ed%20booklet%20(2005).pdf

• National Center on Homeless Education Issues Briefs http://www.serve.org/nche/products_list.php#issue_briefs

• The 100 Most Frequently Asked Questions on the Educational Rights of Children and Youth in Homeless Situations: http://www.naehcy.org/faq.html

• U.S. Department of Education’s Education for Homeless Children and Youths (EHCY) Program, www.ed.gov/programs/homeless/index.html

NYS-TEACHS 800-388-201426

Additional ResourcesAdditional Resources

• NCHE Information by Topic: http://www.serve.org/nche/ibt/sc_eligibility.php(briefs and informational resources)

• NCHE Online Forum: http://www.serve.org/nche/forum/eligibility.php(sample residency questionnaires)

Useful Websites:

National Center for Homeless Education www.serve.org/nche

National Association for the Education of Homeless Children and Youth www.naehcy.org

National Law Center on Homelessness and Poverty www.nlchp.org

NYS-TEACHS 800-388-201427

• Education of Children & Youth in Homeless Situations: the 2004 Guide to Their Rights http://www.nlchp.org/content/pubs/Education%20of%20Children%20&%20Youth%202004%20Guide%20to%20Thier%20Rights.pdf

• Connecting Homeless Students to Special Education Services http://www.nlchp.org/content/pubs/Special%20ed%20booklet%20(2005).pdf

• National Center on Homeless Education Issues Briefs http://www.serve.org/nche/products_list.php#issue_briefs

• The 100 Most Frequently Asked Questions on the Educational Rights of Children and Youth in Homeless Situations: http://www.naehcy.org/faq.html

Guides and Publications

NYS-TEACHS 800-388-201428

LeTendre Education Fund provides a $1000 college scholarship to youth who are or who have been homeless. For more information, go to: www.naehcy.org/about_letendre.html

Scholarships

NYS-TEACHS 800-388-201429

What We’re All About

“…Through it all, school is probably the only thing that has kept me going. I know that every day that I walk in those doors, I can stop thinking about my problems for the next six hours and concentrate on what is most important to me. Without the support of my school system, I would not be as well off as I am today. School keeps me motivated to move on, and encourages me to find a better life for myself.” Carrie Arnold, LeTendre Scholar, 2002