Advanced McKinney-Vento

1
AdvancedMcKinney-Vento
Barbara Duffield Policy Director,
NAEHCY bduffield_at_naehcy.org Patricia
Julianelle Pro Bono Counsel, NAEHCY pjulianelle_at_na
ehcy.org

• Gary Rutkin,
• Federal Program Coordinator, USDE
• gary.rutkin_at_ed.gov
• Joy Moses
• Staff Attorney, NLCHP
• jmoses_at_nlchp.org

2
Getting Started

• Weve 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 cant get to your question today,
  well email you after the conference.
• Well collect the note cards and start our
  conversation in about 10 minutes.

3
Definitions

• The term 'homeless children and youths' -
• (A) means individuals who lack a fixed, regular,
  and adequate nighttime residence and
• (B) includes-
• 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

4
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

5
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.

6
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.

7
Definitions/Identification Resources

• Coordinating an Effective Identification and
  Tracking System. Monday, 315, in Ouachita.
• Determining Eligibility for Rights and Services
• www.serve.org/nche/downloads/briefs/det_elig.pdf
• Local Homeless Education Liaison Toolkit
• Educational Rights Posters
• Enrollment Ready Reference for Schools
• www.serve.org/nche/products.php

8
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 parents or guardians wishes.
• 722(g)(3)(B)(i)

9
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)

10
Transportation

• LEAs must provide students experiencing
  homelessness with transportation to and from
  their school of origin, at a parents or
  guardians request (or liaisons request for
  unaccompanied youth).
• 722(g)(1)(J)(iii)
• If the students 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)

11
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.

12
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.

13
School Selection/Transportation Resources

• Transportation 101. Monday, 1030, in Ouachita.
• Advanced Transportation. Monday, 145, in
  Ouachita.
• Guiding the Discussion on School Selection
• www.serve.org/nche/downloads/briefs/sch_sel_checkl
  ist.pdf
• Increasing School Stability for Students
  Experiencing Homelessness Overcoming Challenges
  to Providing Transportation
• www.serve.org/nche/products_list.phpincreasing

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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

15
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)

16
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.

17
Enrollment Resources

• Local Homeless Education Liaison Toolkit
• Enrollment Ready Reference for Schools
• www.serve.org/nche/products.php
• From 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 Placement
• www.serve.org/nche/downloads/briefs/assessment.pdf

18
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
  youths 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)

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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.

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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.

21
Unaccompanied Youth Resources

• Advanced Unaccompanied Children and Youth.
  Monday, 145, in Peabody Harris.
• When Legal Guardians Are Not Present Enrolling
  Youth on Their Own
• www.serve.org/nche/downloads/briefs/guardianship.p
  df
• Surviving on Your Own Information for Youth on
  How Schools Can Help
• www.serve.org/nche/products_list.phpyouth_booklet
  
• Alone Without a Home A State-by-State Review of
  Laws Affecting Unaccompanied Youth
• Legal Tools to End Youth Homelessness
• www.nlchp.org

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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)

23
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

24
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.

25
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.

26
Resources for Preschoolers

• Practical Strategies for Accessing Early
  Childhood Education. Monday, 145, in Peabody
  Manning.
• What About the Babies and Toddlers? Monday, 315,
  in Peabody Manning.
• Helping Young Children Grow Learn A Guide for
  Families and Shelter Providers.
• www.wm.edu/hope/infobrief/ECSE-family.pdf
• Using the Best That We Know Supporting Young
  Children Experiencing Homelessness.
• www.wm.edu/hope/infobrief/ECSE-educ.pdf

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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)

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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)

29
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.

30
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

31
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 Homelessness
• www.serve.org/nche/downloads/briefs/titlei.pdf

32
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

33
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

34
Evaluations

• IDEA 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)

35

• 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

36
The IEP

• If 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

37
? 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 childs 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?
38

• OK, then what?
• The new LEA can either adopt the old IEP, or
  develop a new one.
• If its a new state, the LEA can conduct new
  evaluations.
• 1414(d)(2)(C)(i) 300.323(e)

39
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)

40

• Um, what if a student doesnt 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

41
Normally, surrogate parents cant 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
42
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)

43
Special Education Resources

• A New IDEA. Monday, 145, 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

44
Special Education Resources (contd)

• Parent Training and Information Centers
• [phone]
• 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

45
FERPA Family Educational Rights and Privacy
Act20 U.S.C. 1232g 34 CFR Part 99

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

46
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

47
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

48
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

49
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

50
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 (doctors office,
  health clinic, school, etc.) from transferring
  immunization records to a school for the purposes
  of enrollment.

51
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.

52
FERPA / HIPAA Resources

• USDE FERPA hotline [phone]
• USDE FERPA fact sheet
• www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
• FERPA QA
• www.access.gpo.gov/nara/cfr/waisidx_04/34cfr99_04
  .html
• Summary of the HIPAA Privacy Rule, May 2003
• www.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.pd
  f

53
Disaster Planning, Response,and Recovery

• Why Reinvent the Wheel? Tuesday, 845, in
  Ouachita
• Upcoming NCHE Publication
• A McKinney-Vento Toolbox Constructing a Robust
  and Rigorous McKinney-Vento Program, In Case of
  Disaster and Every Day