Homeless 101 the McKinneyVento Homeless Assistance Act

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Homeless 101the McKinney-Vento Homeless
Assistance Act
October 22, 2009
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Oklahoma State Department of Education2500 North
Lincoln BoulevardOklahoma City, Oklahoma
73105(405) 522-3251Erin_Clapper_at_sde.state.ok.us

• Erin Clapper
• State Homeless Coordinator

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Homelessness results from a complex set of
circumstances. These circumstances often
require people to choose between food, shelter,
and other basic needs.
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Causes of homelessness

• Lack of affordable housing
• Deep poverty (intergenerational poverty)
• Health problems
• Natural and other disasters
• Domestic violence
• Abuse/neglect

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Key Data Concerning Homeless Children and Youth
in America

• 39 of Americas homeless population are children
  
• 42 of homeless children are under 5 years of age
  and of the 42, only 15 are enrolled in
• preschool
• 38 of the homeless population have less than a
  high school degree by age 18
• 50 of the homeless population report dropping
  out of school during the course of their education

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How many children and youth experience poverty?

• 1.35 million children
• 10 of all children live in poverty
• 733,000-1.3 million youths

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• POVERTY
• Affects 1.35 million children
• 10 of all children live in poverty
• 733,000-1.3 million youths experience poverty
  every year
• Over 40 of all children who are homeless are
  under the age of 5

Source National Association for the Education
of Homeless Children and Youth
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• Over 9,000 Oklahoma
• students were identified as homeless in the
  2007-2008 school year.

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Problems for homeless children

• Enrollment requirements they may not have
• School or immunization records
• Proof of residence or guardianship
• Other records needed for enrollment
• They have high mobility.
• Creates a lack of school stability and
  educational continuity
• Lack of transportation, school supplies,
  clothing, etc.
• They may experience poor health, fatigue, and
  hunger.
• They often face prejudice and misunderstanding.

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McKinney-Vento Homeless Assistance Act

• Main themes include
• School stability
• School access
• Support for academic success
• Child-centered, best-interest decision making

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Definition
For the purposes of the McKinney-Vento Homeless
Assistance Act, homelessness is defined
as Children who lack a fixed, regular, and
adequate nighttime residence.
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• Is there a time limit on how long a student can
  be considered homeless?
• a) Yes, the student is only homeless for one
  school year.
• b) No, there is no specific time limit on
  homelessness.

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• Is there a time limit on how
• long a student can be
• considered homeless?
• b) No, there is no time limit on homelessness.
• Whether a child or youth meets the definition of
• homelessness depends upon their living situation
• and their individual circumstances.
• It is a case specific inquiry.

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• DETERMINING ELIGIBILITY

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Are the Smith children homeless?
In March, the Smith family lost their home due to
a fire. Mr. Smiths brother is letting the
family live in a trailer on his property until
the house is repaired. Would you qualify the
Smith children for services under McKinney-Vento?

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What do you think? Are the Smith children
homeless or not? Why or why not? What questions
do you need to ask to help you make your
determination?

• How do you go about determining
• fixed, regular, and adequate?
• What services would they qualify for?

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• SOME Examples of homelessness
• Living in motels, hotels, camping grounds
• Living in an emergency or transitional shelter
• Living in places not designed for humans to live
• Living in cars, parks, abandoned buildings, bus
  or train stations
• Migratory children also qualify as homeless
• when living under these same conditions

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• Students eligible for McKinney-Vento services
  include
• Children who are runaways even if their parents
  have provided or are willing to provide a home
  for them.
• Children who are throwaway children should be
  considered homeless until a fixed, regular, and
  adequate residence is established for them.

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Students eligible for McKinney-Vento services
include

• Children who live with friends or relatives
  because of loss of housing or other similar
  situation should be considered homeless.
• Children living in doubled up situations may be
  considered homeless if the family is doubled up
  or tripled up because of loss of housing or a
  similar situation.

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Students eligible for McKinney-Vento services
include

• School aged, unwed mothers or mothers-to-be who
  reside in a home for unwed mothers should be
  considered homeless if they have no other
  available living accommodations.
• Undocumented children and youth have the same
  right to attend public school as U.S. citizens
  and are covered by the McKinney-Vento Act to the
  same extent as other children and youth (Plyler
  v. Doe).

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Are children who are awaiting foster care
placement eligible for McKinney-Vento
services? Yes or No?
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Are children awaiting foster care eligible for
McKinney-Vento services?
The answer is, yes. Local homeless liaisons
should coordinate with local public social
service agencies in determining how best to
assist homeless children/youth awaiting foster
care placement.
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Is transitional housing considered a homeless
situation?
Yes or No?
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If it is considered a homeless situationYes
The McKinney-Vento Act specifically applies to
children and youth living in transitional
shelters. This term includes transitional
housing programs and transitional living
programs. A Federal Court affirmed that
transitional housing programs are covered by the
McKinney-Vento Act. Bullock v. Board of
Education of Montgomery County, Civ. A. DKC
2002-0709 (D. Md.) memorandum decision filed
November 4, 2002.
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Questions you may need to ask

• Does the student have any legal rights to be in
  the home? In other words, can he/she be asked to
  leave at any time with no legal recourse?
• Is the living situation intended to be temporary
  or long-term?
• Did the student move into the home as an urgent
  measure to avoid being on the street or in
  another precarious situation?

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Does an incarcerated youth qualify for
McKinney-Vento protection and services?
Yes or No?
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Does an Incarcerated youth qualify for
McKinney-Vento protection and services?
No. Children and youth who are incarcerated for
violation or an alleged violation of the law
should not be considered homeless. Incarcerated
children and youth are part of the juvenile
justice system.
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The McKinney-Vento Act applies to children and
youth age 21 and under.
True or False?
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The McKinney-Vento Act applies to children and
youth age 21 and under.
True. The Act applies to children and youth aged
21 and under, consistent with their eligibility
for public education services under state and
federal law. The Individuals with Disabilities
Education Act (IDEA), provides rights to access
services until aged 22, with the exception of
students with disabilities who are Incarcerated
as adults and students with disabilities who
have earned a high school diploma.
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Homeless eligibility can be handled in such a way
that it does not violate privacy or jeopardize
housing arrangements. It is up to the local
liaison, enrollment staff, and/or other school
personnel to be sensitive and discreet.
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Maria Maria and her seven-year-old and
nine-year-old daughters have just moved into a
homeless shelter. Maria visits the neighborhood
school to enroll her daughters. She is given a
list of required documentsitems she does not
have. Maria leaves the meeting, believing her
daughters cannot attend the school. What
went wrong here?
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• Things to consider
• Should Maria be able to enroll her children?
• What went wrong?
• What should have been done?
• What could be done to prevent this from happening
  in a school in your district?

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ENROLLMENT
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A student experiencing homelessness should be
enrolled

• Within 3 days of attempting to enroll
• Immediately
• Not until transportation has been arranged
• d) Not until health information has been obtained

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A student experiencing homelessness should be
enrolled
b) Immediately!
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ENROLLMENT

• Enrollment questions must be grounded in
  sensitivity and respect.
• Invasive probing may destabilize the family or
  youth further and may create a barrier to the
  students enrollment, thereby violating the
  McKinney-Vento Act.
• Additionally, employing these techniques may
  violate the Family Educational Rights and Privacy
  Act (FERPA).

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ENROLLMENT continued

• Do put good policies and procedures in place
• Keep it positive and supportive instead of
  invasive and threatening
• Talk with parents and students
• Do sign the student up for free lunch
• Get contact information for a family
• member or guardian

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REMEMBER

• DO NOT
• Threaten or harass parents or
• students, violate their privacy, or jeopardize
  their housing

• Pose barriers to enrollment

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• Which is false?
• A homeless student
• May be enrolled immediately in school without
  certification of a school-entry examination or
  immunization.
• Will be removed from school if after 30 school
  days, he/she does not
• have a school-entry exam or
• immunization.

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• Which is false?
• b) Will be removed from school if after 30
  school days, he/she does not have a school-entry
  exam or immunization.
• The McKinney-Vento Act requires school districts
  to remove barriers to enrollment and retention.
• Schools are required to assist homeless students
  and their families in obtaining necessary records
  to enroll in school. Schools must immediately
  assist the parents
• (or unaccompanied youth) in obtaining necessary
  immunization and health records.

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What if?

• If, after enrollment, it is determined that a
• student is not homeless, but is permanently
  housed. What happens then?
• The LEA should follow the policies they have in
  place to address forms of fraud.

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THE LOCAL LIAISON
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Every LEA must

• Designate an appropriate staff person as a local
  homeless education liaison.
• The homeless liaison must work to ensure that
  homeless children and youth have equal access to
  the same free public education as is provided to
  other children and youth.

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DUTIES OF THE LOCAL LIAISON

• Must collaborate and coordinate with
• The State Coordinator for Homeless Education
• Community personnel
• Other school personnel
• Inform parents, guardians, or youth of education
• and parent involvement opportunities.
• Inform parents, guardians, or youth of
  transportation
• services, including the school of origin.
• Resolve disputes.
• Post public notice of educational rights.

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DUTIES OF THE LOCAL LIAISON continued

• Ensure that children and youth in homeless
  situations are identified.
• Ensure that homeless students enroll in and have
  full and equal opportunity to succeed in school.
• Link students with educational services,
  including preschool and health services.
• Provide awareness activities for school staff.
• Provide outreach materials and posters where
  there is a frequent influx of low-income families
  and youth in
• high-risk situations.

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DUTIES OF THE LOCAL LIAISON continued

• Educate school staff about warning signs that
  may indicate an enrolled child or youth may be
  experiencing homelessness.
• Make special efforts to identify preschool
  children, including asking about the siblings of
  school-age children.
• Develop relationships with truancy officials
  and/or other attendance officers
• Use enrollment and withdrawal forms to inquire
  about living situations

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Dos and Donts for Local Liaisons

• Do ensure there is immediate enrollment
• Dont create barriers to enrollment including
• Lack of school records
• Proof of guardianship
• Birth certificates
• Immunization or other health records
• Proof of residence

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SCHOOL Selection
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SCHOOL Selection
School of origin or school of residence

• The school of origin is the school that the child
  or youth attended when permanently housed or the
  school in which the child or youth was last
  enrolled.

• The school of residence is the school around the
  current physical dwelling where the homeless
  child or youth is sleeping.

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SCHOOL Selection continued

• 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 is sent to a school other
• than the school of origin or the
• school requested by the parent or
• guardian the LEA must provide the
• parent or guardian with a written explanation of
  its decision and the right to appeal.

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TRANSPORTATION
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Which funds below may be used to transport
homeless students to and from the school of
origin?

• a) Title I, Part A funds
• b) Title V, Part A funds
• c) District transportation funds

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Which funds below may be used to transport
homeless students to and from the school of
origin?

• c) District transportation funds
• In addition to providing transportation to the
  school of origin, LEAs must provide students in
  homeless situations with transportation services
  comparable to those provided to other students.

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TRANSPORTATION

• Homeless students must be provided with
  transportation to and from their school of
  origin.
• For unaccompanied youth, transportation to and
  from the school of origin must be provided at the
  local liaisons request.
• If the students temporary
• residence and the school of
• origin are in the same LEA,
• that LEA must provide
• transportation.

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TRANSPORTATION continued

• However, if the student is living outside the
  school of origins LEA, the LEA where the student
  is living and the school of origins LEA must
  determine how to divide the cost of providing
  transportation.

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Questions to ask

• What is the school of best interest?
• How old is the student? Would the length commute
  be too long?
• Is the student old enough and
• responsible enough to take public
• transportation?

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In what circumstance would transportation be
provided to preschool homeless children?

• a) All homeless children attending preschool.
• b) Homeless children attending public preschool
  if
• the LEA provides comparable transportation for
  non-homeless preschool children.
• c) No circumstance. McKinney-Vento does not
  apply to homeless preschool children.

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The answer is
b) Homeless children attending public preschool
if the LEA provides comparable transportation
for non-homeless preschool children.
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DISPUTE RESOLUTION
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• Which is correct?
• A homeless student who enrolls in a new school
• because he was not informed of his right to
  remain in the school of origin, has the right to
  go back to the school of origin.
• Once a homeless student enrolls in a new school,
  that school becomes his new school of origin and
  he cannot return to the previous school,
  regardless of whether he was not informed of
  his/her rights.

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Which is correct? a) A homeless student who
enrolls in a new school because he/she was not
informed of their right to remain in the school
of origin, has the right to go back to the
school of origin.
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DISPUTE RESOLUTION

• Every school district in Oklahoma
• must establish dispute resolution
• procedures.
• When a dispute over enrollment
• arises, the student must be admitted
• immediately to the school of choice
• while the dispute is being resolved.
• Liaisons must ensure unaccompanied
• youth are enrolled immediately while
• the dispute is being resolved.

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DISPUTE RESOLUTION continued

• If a dispute arises, refer the child, youth,
  parent, or guardian to the liaison to carry out
  the dispute resolution process as expeditiously
  as possible.
• Documentation should be kept for all local
  liaison interventions with parentsnot just
  formal disputes (NCLB).

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SEGREGATION
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• While waiting on school records
• or assessments, LEAs
• May keep homeless students in transitional
  classrooms in shelters, to receive educational
  services while they are being assessed or while
  they wait for school records.
• b) Must enroll homeless students immediately.

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• While waiting on school records
• or assessments, LEAs
• b) Must enroll homeless students immediately.
• Placing homeless students in transitional
  classrooms is
• illegal
• Even if those classrooms are in homeless
  shelters.

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SEGREGATION

• School District cannot segregate homeless
  students
• They cannot have separate programs within
• the school or
• Have separate settings within the school

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School Districts must adopt policies and
practices to ensure students are not segregated
or stigmatized on the basis of their status as
homeless.
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McKinney-Vento and Title I
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McKinney-Vento and Title I

• A child or youth who is homeless and is attending
  any school in the district is automatically
  eligible for Title I, A services.
• LEAs must reserve (or set aside) funds.
• Title I funds may not be used to transport
  homeless children and youth.

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Title I Set Aside
Method 1 Obtain count of homeless students, and
multiply by Title I, Part A per-pupil
allocation. Method 2 Reserve a specific
percentage (1-5) based on your districts
poverty level or total Title I, Part A
allocation.
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True or False?
A homeless student who becomes permanently housed
during a school year continues to remain eligible
for Title I, Part A services for the remainder
of that school year.
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True. Homeless students who become permanently
housed during the school year remain eligible
for Title I, Part A services until the end of
the school year.
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Use of Title I funds

• Outreach services
• Basic needs
• Counseling services
• Supplemental instruction
• Parental involvement programs
• Before/after-school, and/or summer programs
• Research-based programs
• Data collection

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School lunch
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School lunches

• Homeless children and youth automatically qualify
  for the Free and Reduced lunch program.
• They do not have to have a parent/guardian
  signature.

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Early childhood
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Early childhood (Head Start)
Head Start reauthorization includes a definition
of homelessness that matches the definition of
homelessness in the education subtitle of the
McKinney-Vento Homeless Assistance Act, which
governs public schools.
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Head Start and HOMELESS

• Homeless children are categorically eligible for
  Head Start 42 U.S.C. 9840(a)(1)(B).
• Implies that verification of homeless living
  situation suffices.
• Under McKinney-Vento,
• determinations of eligibility
• are case-by-case,
• individualized.

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to do list for the 2009-2010 School year
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TO DO LIST
Conduct ongoing awareness activities in the
school district. Provide annual awareness and
sensitivity training to all school staff,
including administrators, counselors, social
workers, teachers, secretaries, registrars,
nurses, bus drivers, security staff, attendance
officers, and federal programs staff.
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Review, Revise, and Develop

• Enrollment Identification
• Needs Assessment
• Placement
• Services
• Records Transfer
• Designate a Homeless Liaison
• Resolution of Grievances

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Thank you!I am a resource for you. Please
contact me at [phone] or by e-mail
atErin_Clapper_at_sde.state.ok.us
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Questions?