“Homeless 101”— the McKinney-Vento Homeless Assistance Act

1. “Homeless 101”—the McKinney-Vento Homeless Assistance Act

2. State of MissouriDepartment of Elementary andSecondary EducationPO Box 480Jefferson City, MO 65102-0480(573) 522-8763donna.cash@dese.mo.gov Donna Cash State Homeless Coordinator

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

4. Causes of homelessness • lack of affordable housing • deep poverty (intergenerational poverty) • health problems • natural and other disasters • domestic violence • abuse/neglect

5. Key Data Concerning Homeless Children and Youth in America • 39% of America’s homeless population are children • 42% of homeless children are under 5 years of age and of the 42%, only 15% are enrolled in • pre-school • 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

6. 1.35 million children • 10% of all children live in poverty • 733,000-1.3 million youths How many children and youth experience poverty?

7. 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

8. Over 12,000 Missouri students were identified as homeless in the 2007-2008 school year.

9. 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.

10. McKinney-Vento Homeless Assistance Act • Main themes include: • school stability • school access • support for academic success • child-centered, best interest decision making

11. Definition For the purposes of the McKinney-Vento Homeless Assistance Act, homelessness is described as… “Children who lack a fixed, regular, and adequate nighttime residence.” http://www.dese.mo.gov/divimprove/fedprog/discretionarygrants

12. 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.

13. Is there a time limit on how • long a student can be • considered homeless? • 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.

14. DETERMINING ELIGIBILITY

15. Are the Smith children homeless? In March, the Smith family lost their home due to a fire. Mr. Smith’s 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?

16. 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?

17. 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

18. 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.

19. 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.

20. Students eligible for McKinney-Vento services include: • School aged, unwed mothers or mother-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).

21. Are children who are awaiting foster care placement eligible for McKinney-Vento services?Yes or No?

22. 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.

23. Is transitional housing considered a homeless situation? Yes or No What do you think?

24. It is considered a homeless situation…Yes • 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.

25. 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?

26. Do incarcerated youth qualify for McKinney-Vento protection and services. Yes or No?

27. 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.

28. The McKinney-Vento Act applies to children and youth age 21 and under. True or False?

29. The McKinney-Vento Act applies to children and youth age 21 and under. True. The Act applies to children and youth age 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 age 22, with the exception of students with disabilities who are Incarcerated as adults and students with disabilities who have earned a high school diploma.

30. If a student finds temporary housing across state lines from the school of origin, does the McKinney-Vento Act still apply? • Yes or No?

31. If a student finds temporary housing across state lines from the school of origin, does the McKinney-Vento Act still apply? Yes. Since the McKinney-Vento Act is a federal law, it takes precedence over state laws. You should have inter-LEA agreements that address potential transportation issues that may arise as homeless students transfer from one LEA to another. Homeless students in this situation should be allowed to attend their school of origin (if they wish) and you must provide transportation.

32. 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.

33. 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 documents—items she does not have. Maria leaves, believing her daughters cannot attend the school. What went wrong here?

34. Things to consider… • Should Maria be able to enroll her children? • Did/what went wrong? • What should have been done? • What could be done to prevent this from happening in a school in your district?

35. Break time!

36. ENROLLMENT

37. 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

38. A student experiencing homelessness should be enrolled Immediately

39. 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 student’s enrollment, thereby violating the McKinney-Vento Act. • Additionally, employing these techniques may violate the Family Educational Rights and Privacy Act (FERPA).

40. 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

41. REMEMBER • DON’T— • Threaten or harass parents or • students, violate their privacy, or jeopardize their housing • Pose barriers to enrollment

42. School Districts • must not— • Require parents of homeless students to submit proof of • residency.

43. 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.

44. 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.

45. 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 other forms of fraud. What if?

46. THE LOCAL LIAISON

47. 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.

48. DUTIES OF THE LOCAL LIAISON • Must collaborate and coordinate with— • the State Coordinators 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.

49. 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.

50. 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