McKinney-Vento 201 and Best Practices in New Mexico

1
McKinney-Vento 201 and Best Practices in New
Mexico

• Joseph Sanchez, State Coordinator for Homeless
  Education
• New Mexico Department of Education
• Joseph.sanchez1_at_state.nm.us
• 505.222.4743

2
Housekeeping
Cell phones off or on vibrate Be kind Be
courteous
3
Todays Goals

• Become familiar with important advanced homeless
  education concepts
• Eligibility
• Unaccompanied Youth
• Transportation
• Title IA
• IDEA
• Learn good practices and implementation
  strategies by networking with colleagues

4
Determining Eligibility

• Determining Eligibility for Rights and Services
  Under the McKinney-Vento Act and Confirming
  Eligibility for McKinney-Vento Services Dos and
  Donts for Local Liaisons (handouts)NCHE
  Information by Topic www.serve.org/nche/ibt/sc_el
  igibility.php
• New Mexico Student Residency Questionnaire Form
  (handout)
• New Mexico Dispute Resolution Policy
• NM Administrative Code 6.10.13 Homeless Policy
  Rule at http//www.nmcpr.state.nm.us/NMAC/cgi-bin/
  hse/homepagesearchengine.exe?urlhttp//www.nmcpr.
  state.nm.us/nmac/parts/title06/06.010.0003.htmget
  urltermshomelesspolicy (handout)

5
The Definition

• Individuals who lack a fixed, regular, and
  adequate nighttime residence, including
• Sharing the housing of other persons due to loss
  of housing, economic hardship, or a similar
  reason
• Living in motels, hotels, trailer parks, or
  camping grounds due to the lack of alternative
  adequate accommodations
• Living in emergency or transitional shelters
• Abandoned in hospitals
• Awaiting foster care placement

6
The Definition (cont)

• 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
• Living in cars, parks, public spaces, abandoned
  buildings, substandard housing, bus or train
  stations, or similar settings
• Migratory children living in the circumstances
  described above
• Unaccompanied youth living in the circumstances
  described above

7
Laying the Groundwork

• McKinney-Vento eligibility is determined on a
  case-by-case basis by examining the living
  arrangement of each student.
• Some instances will be clear-cut others will
  require further inquiry and then a judgment call.
• If the living arrangement does not meet all three
  criteria (fixed, regular, and, adequate), it is
  considered a homeless situation.
• The examples of homeless situations listed in the
  definition address some of the more common
  situations of homelessness the list of examples
  is not exclusive.

8
Fixed, Regular, and Adequate

• What do the terms fixed, regular, and adequate
  mean?
• Fixed Stationary, permanent, and not subject to
  change
• Regular Used on a predictable, routine, or
  consistent basis (e.g. nightly)
• Adequate Sufficient for meeting both the
  physical and psychological needs typically met in
  home environments
• Use the sample questions on pages 5-6 of the
  Determining Eligibility brief

9
What If We Disagree?

• If there is a disagreement about whether the
  student meets the McKinney-Vento definition of a
  homeless child or youth (between the
  parents/youth and the school), New Mexicos
  dispute resolution process should be followed.
• Under the dispute resolution process
• The parent/guardian/unaccompanied youth should be
  referred to the local liaison for assistance with
  the appeal process.
• The student must be enrolled immediately in the
  requested school.
• The student must be provided with all services to
  which McKinney-Vento eligible students are
  entitled (e.g. transportation, Title I services,
  free meals).
• Enrollment must continue until the dispute is
  resolved.
• New Mexico Dispute Resolution Policy
• ( provided earlier Policy handout)

10
Step 1 Get the Facts

• Use an enrollment questionnaire for all students
  this will assist with identifying eligible
  students.
• If the form indicates a possible homeless
  situation, refer to the local liaison to
  determine eligibility.
• Discuss the living arrangement with the
  family/student in a private place and with
  sensitivity.
• Ask additional questions respectfully, as needed.
  (these are often very personal discussions for
  the family)

11
Step 1 Get the Facts (cont)

• Avoid using the word homeless some families
  may want to avoid the stigma others may not
  consider themselves homeless and yet they might
  be eligible.
• Inform the family about the benefits of
  eligibility, including immediate enrollment and
  the provision of services.
• (FERPA) Avoid contacting persons outside the
  school system to probe for more information
  regarding the familys living arrangement see
  NCHEs Confirming Eligibility brief at
  www.serve.org/nche/downloads/briefs/verif_ll.pdf
  (handout - provided earlier)

12
Step 2 Analyze the Facts

• Does the students living arrangement fit into
  one of the examples of homelessness in the law?
• If not, would the student qualify for services
  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.

13
Step 3 Call for Back-up

• Contact Joseph Sanchez at [phone] or
  joseph.sanchez1_at_state.nm.us
• Contact the NCHE Helpline at 800-308-2145 or
  homeless_at_serve.org

14
New Mexico Enrollment Recommendation for LEAs

• Include NM Residency Questionnaire in all
  district enrollment packets
• Complete the Title X, Part C Referral Form to
  assess the needs of identified homeless students
• Inform parents, guardians, or youth of
  educational rights, including school or origin
  and transportation
• Local liaison must maintain student folders to
  include
• New Mexico Residency Questionnaire
• Title X, Part C Referral Form

15
New Mexicos Enrollment Recommendation for LEAs
(cont)

• Document services received by student (e.g., free
  lunch, tutoring, transportation, uniforms, school
  supplies, and/or other comparable services)
• Homeless Liaisons and Student Teacher
  Accountability Reporting System (STARS)
  Coordinators should collaborate to report the
  primary nighttime residence Homelessness
  Indicator code as identified on the New Mexico
  Residency Questionnaire or a form created by your
  LEA

16
Doubled-Up

• Legislative wording Sharing the housingof
  other persons due to loss of housing, economic
  hardship, or a similar reason
• Questions
• Why did the family move in together? Crisis or
  by mutual choice as a plan for mutual benefit?
• How permanent is the living arrangement intended
  to be?
• Is the living arrangement fixed, regular, and
  adequate?
• See pages 2-3 of the Determining Eligibility
  brief for a discussing of shared housing use
  questions on pages 5-6, also

17
Doubled-Up (cont)

• But
• Are all doubled-up situations automatically
  homeless?
• Is there a limit on how long a doubled-up child
  should be considered homeless?
• Are both doubled-up parties homeless?

18
Awaiting Foster Care Placement

• Collaborate with your local child welfare
  community
• Consider whether the placement is a temporary,
  emergency placement or if the placement is
  intended to be permanent
• Determine awaiting foster care placement
  eligibility on a case-by-case basis

19
Scenario Eligible or Not?

• Patricia and her son, Luis, showed up mid-year at
  your school to enroll Luis, saying theyve just
  moved in with relatives that live in the area.
  You suspect Luis might qualify for McKinney-Vento
  services, but youre not sure.
• What questions would you ask to determine if Luis
  is eligible?
• Are there certain circumstances under which you
  would qualify Luis and other circumstances under
  which you wouldnt?
• Other questions on eligibility?

20
Unaccompanied Youth

• NCHE Information by Topic www.serve.org/nche/ibt/
  sc_youth.phpNCHE Forum www.serve.org/nche/forum
  /youth.phpNCHE Best Practices and Model
  Programs www.serve.org/nche/best/youth.phpNew
  Mexico Department of Education McKinney-Vento
  Homeless Assistance Program Enrollment Services
  to Unaccompanied Youth (handout)

21
Unaccompanied Homeless Youth

• The McKinney-Vento defines unaccompanied youth as
  a youth not in the physical custody of a parent
  or guardian
• An unaccompanied youths living arrangement must
  meet the Acts definition of homeless for him/her
  to qualify for McKinney-Vento services
• There is no lower age limit for unaccompanied
  youth the upper age limit (as with all
  McKinney-Vento eligible students) is your states
  upper age limit for public education Louisianas
  upper age limit is 21
• A youth can be eligible regardless of whether
  he/she was asked to leave the home or chose to
  leave remember that sometimes there is more
  than meets the eye for youths home life
  situations

22
Unaccompanied Homeless Youth (cont)

• In New Mexico, schools are mandatory reporters of
  suspected abuse and neglect and substance abuse
  (22-10A-32. Licensed school employees required
  training program) (handout)
• Running away is not a statutory offense in New
  Mexico therefore, schools are not required to
  report runaways (NMSA 1978, Section 32A-3B-3(A)
  (handout) when in doubt ? report!
• Visit www.childwelfare.gov/systemwide/laws_polici
  es/state/ for useful information on state law

23
Unaccompanied Homeless Youth (cont)

• Minor medical consent in New Mexico (handout)
• A Minor
• A minor is a person under the age of 18.
• Informed Consent
• As a general rule, New Mexico law requires a
  minor who
• seeks medical treatment to obtain the consent of
  a parent
• or guardian. Several important exceptions are
  described
• below. In the situations outlined in this card, a
  minor who
• understands the risks, benefits and proposed
  alternatives to
• certain health services may give informed consent
  without
• the consent of a parent or guardian.

24
Enrolling Unaccompanied Youth

• Common methods of enrollment
• Responsible adult enrolls (an option use
  caregiver authorization form for contact
  information can not be required for enrollment)
• Youth enrolls himself/herself
• Local liaison enrolls
• The person who enrolls the youth generally signs
  forms and makes educational decisions

25
New Mexico Public Education Enrolling
Unaccompanied Youth

• Revise LEA policies, such as those related to
  attendance and credit accrual, to eliminate
  barriers to academic success for unaccompanied
  youth.
• Implement policies to address issues related to
  required signatures for unaccompanied youth to
  participate in field trips or extracurricular
  activities.
• Provide opportunities to enroll in diversified
  learning opportunities such as vocational
  education, credit-for-work programs, and flexible
  school hours, yet ensure that they are integrated
  with the mainstream school environment, including
  extracurricular activities, as much as possible.
• Maintain a list of available surrogate parents to
  assist unaccompanied youth with their special
  education needs.

26
Unaccompanied YouthLiability Concerns

• Liability is based on negligence
• Negligence Conduct that falls below the
  standards of behavior established by law for the
  protection of others against unreasonable risk of
  harm a person has acted negligently if he or she
  has departed from the conduct expected of a
  reasonably prudent person acting under similar
  circumstances
• To establish liability Must prove that there was
  the duty to act, that there was a failure to
  fulfill that duty, and that this failure caused
  harm to the student
• Source http//legal-dictionary.thefreedictionary.
  com/
• Note This slide is not official legal advice
  please consult with your districts general
  counsel when making decisions at the district
  level

27
Scenario Amanda

• Jared shows up at your school to enroll, saying
  his stepfather kicked him out of the house
  because they couldnt get along and hes now
  staying with a friend that lives in the area.
• Would you qualify Jared for McKinney-Vento
  services? How would you come to your decision?
• What other services and supports would
  youconsider for Jared?
• How would you respond if Jareds mom called your
  school saying she didnt want Jared enrolled
  there?
• Other questions about unaccompanied youth?

28
Transportation

• Increasing School Stability for Students
  Experiencing Homelessness Overcoming Challenges
  to Providing Transportation to the School of
  Origin and Transportation for Homeless Children
  and Youth Strategies for Rural School Districts
  at www.serve.org/nche/ibt/sc_transport.php
  (handout)
• NCHE Information by Topic www.serve.org/nche/ibt/
  sc_transport.php
• NCHE Forum www.serve.org/nche/forum/transp.php

29
Transportation The Basics

• Under McKinney-Vento
• Transportation must be provided to/from the
  school of origin if it is in the students best
  interest to attend there
• Feasibility is based on the students best
  interest and is a student-centered determination
• Transportation must also be provided under
  McKinney-Ventos comparable services provision
• Policies that act as a barrier to the school
  enrollment and retention of homeless students
  must be reviewed and revised transportation is
  included in this general mandate

30
TransportationCovering the Cost

• McKinney-Vento subgrant funds can be used to
  cover the excess cost of transporting homeless
  students
• ARRA stimulus funding can be used to pay for
  transportation (one of the 16 allowable usages of
  funds) NONEXISTENT AFTER JUNE 30, 2011
• Title I funds can be used for non-school of
  origin transportation, if the transportation
  supports the childs education (e.g. afterschool
  programs, field trips, before-school programs,
  etc.)
• Can use general transportation funds or other
  funds, as appropriate

31
Transportation Strategies

• Think creatively (strategies from NCHEs
  transportation tip sheet)
• Reroute busses
• Consider logical transfer points (for intra-and
  inter-district transportation) ask
  transportation personnel for assistance in
  mapping
• Use special education busses (often have the most
  flexibility in routing)
• Use alternative education busses
• Encourage afterschool program participation, as
  this broadens transportation options more bus
  drivers may be available, parents may be able to
  pick up the child, Title I dollars can be used
• Use public transportation, as appropriate

32
Transportation Strategies (cont)

• Think creatively (cont)
• Use taxis or ask parents to transport to a
  transfer point or the students prior bus stop
• Contract with community members (example
  contracting with retired persons see tip sheet)
• Contract with school district staff (see tip
  sheet)
• Set up a reimbursement program
• Reimburse parents, caregivers, older youth,
  carpoolers
• Develop a policy for parents to sign, including
  the reimbursement rate and policies on timing,
  student absences, and changes in residence

33
Questions on Transportation?
34
Title IA

• NCHE Information by Topic www.serve.org/nche/ibt/
  sc_titlei.phpNCHE Title IA Legislative
  Resources www.serve.org/nche/legis_other.phptitl
  eia(includes September 2009 Title IA ARRA
  Guidance)

35
The Title IA set-aside

• Title IA of NCLB requires districts to set aside
  Title IA funds to be used to serve homeless
  students these funds can be used
• To support homeless students not attending a
  Title IA school
• To provide services to homeless students that are
  not ordinarily provided to other Title I students
  and that are not available from other sources,
  according to the need of the homeless student

36
The Title IA set-aside (cont)

• Federal law does not give any set method for
  determining the set-aside some suggested methods
  include
• Project for next year based on this years
  numbers and any anticipated new needs or change
  in the homeless population
• Multiply the of homeless students by the Title
  IA per pupil allocation
• Match your McKinney-Vento subgrant
• Reserve a of your Title IA funds based on your
  districts poverty level
• Louisiana best practice option

37
Title IA Set-Aside Guiding Questions re
Services

• Is it already identified as a program component
  or need in the consolidated plan?
• Is it an educationally-related need or support
  service?
• Are there other district or community funding
  sources already set up to provide what is needed?
• What is the cost in proportion to the overall
  program budget or per-pupil expenditure?
• Is the expense critical to maintaining the
  students enrollment, attendance or success in
  school?

38
Title IA Set-Aside Permissible Usages of Funds

• Tutoring (including in shelters, motels, and
  other places where homeless students live)
• School uniforms (if not available from other
  sources)
• Transportation to participate in afterschool
  activities
• Health, nutrition, and other social services, if
  not available from any other source (including
  basic medical equipment, such as eyeglasses
  and/or hearing aids)

39
Title IA Set-Aside Permissible Usages of Funds
(cont)

• Title IA set-aside funds should be used only to
  the extent that services and supports are not
  available from other sources
• (New Guidance) LEA may use Title IA ARRA funds to
  provide, where appropriate, items or services
  including, but not limited to
• Items of clothing, particularly if necessary to
  meet a schools dress or uniform requirement
• Clothing and shoes necessary to participate in
  physical education classes
• Student fees that are necessary to participate in
  the general education program
• Personal school supplies such as backpacks and
  notebooks
• Birth certificates necessary to enroll in school
• Immunizations
• Food

40
Title IA Set-Aside Permissible Usages of Funds
(cont)

• Medical and dental services
• Eyeglasses and hearing aids
• Counseling services to address anxiety related to
  homelessness that is impeding learning
• Outreach services to students living in shelters,
  motels, and other temporary residences
• Extended learning time (before and after school,
  Saturday classes, summer school) to compensate
  for lack of quiet time for homework in shelters
  or other overcrowded living conditions
• Tutoring services, especially in shelters or
  other locations where homeless students live
• Parental involvement specifically oriented to
  reaching out to parents of homeless students
• Fees for AP and IB testing
• Fees for SAT/ACT testing
• GED testing for school-age students
• Supporting the position of the local liaison

41
Title IA Set-Aside Prohibited Usages of Funds

• Transportation to/from the school of origin
• Rent
• Utilities
• Clothing for parents

42
Questions on Title IA?
43
IDEA/Special Education

• NCHE Information by Topic www.serve.org/nche/ibt/
  sc_spec_ed.phpNCHE IDEA Legislative Resources
  www.serve.org/nche/legis_other.phpidea

44
IDEA Continuation of Servicesfor Mobile
Students

• If a student transfers during the IDEA evaluation
  process
• Evaluations continue
• Original timeframe for completion remains valid,
  unless the new school district is making
  sufficient progress to ensure a prompt
  completion of evaluations and the parent agrees
  to an alternative timeline

45
IDEA Continuation of Servicesfor Mobile
Students (cont)

• If the student has an IEP in place and transfers,
  the new district
• Must provide appropriate services immediately
  that are comparable to what is in the students
  IEP
• Can adopt the previous IEP or write a new IEP, in
  consultation with the parent, while comparable
  services continue

46
IDEASchool of Origin Considerations

• Special education placements must be as close as
  possible to the childs home, unless the IEP
  (including parent input) requires some other
  arrangement and considers any potentially harmful
  effect of the child or quality of services s/he
  needs the right to attend the school of origin
  remains in effect. 300.116

47
IDEA2008 Q and A Document

• Section F Unaccompanied Homeless Youth and
  Surrogate Parents
• Surrogate Parents
• SEA must make reasonable efforts to appoint
  within 30 days
• Are considered the unaccompanied youths parent
  for special education purposes
• Cannot be an employee of the SEA, LEA, or any
  other agency involved in the education or care of
  the child
• Must have no personal or professional interests
  in conflict with the interest of the child
• Must have the necessary knowledge and skills

48
IDEA2008 Q and A Document (cont)

• Section F Unaccompanied Homeless Youth and
  Surrogate Parents
• Temporary Surrogate Parents
• Appointed immediately
• Appropriate staff of emergency shelters,
  transitional shelters, independent living
  programs and street outreach programs that are
  involved in the education or care of the child
  may be appointed as temporary surrogate parents
  without regard to the non-employee requirement
• Must have no personal or professional interests
  in conflict with the interest of the child
• Must have the necessary knowledge and skills
• Rights transfer to the student upon the student
  reaching the age of majority

49
Questions on IDEA?Any remaining questions?
50
Thank you!

• Presenters Contact Information
• Joseph Sanchez joseph.sanchez1_at_state.nm.us