McKinneyVento Homeless Assistance Act: Education for Homeless Children and Youth

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McKinney-Vento Homeless Assistance Act
Education for Homeless Children and Youth

• by Gary M. Ruesch
• and
• Renae Waterman Aldana
• 411 East Wisconsin Ave., Milwaukee WI 53202-4497
• Tel. [phone]
• E-mail GMR_at_quarles.com rg8_at_quarles.com

December 4, 2009
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• Education for Homeless Children and Youths (EHCY)

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• Each local educational agency shall ensure that
  each child of a homeless individual and each
  homeless youth have equal access to the same
  free, appropriate public education, including a
  public preschool education, provided to other
  children and youth.

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• Homeless children and youth shall have access to
  the education and other services needed to ensure
  that they have an opportunity to meet the same
  challenging state student academic achievement
  standards to which all students are held.

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The term homeless children and youth -

• Means individuals who lack a fixed, regular, and
  adequate nighttime residence and

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• 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 accommodations
  are living in emergency or transitional shelters
  are abandoned in hospitals or are awaiting
  foster care placement

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• 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

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• children and youths who are living in cars,
  parks, public spaces, abandoned buildings,
  substandard housing, bus or train stations, or
  similar settings and

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• migratory children who qualify as homeless for
  the purposes of this subtitle because the
  children are living in circumstances described in
  clauses (i) through (iii).

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Questions to Consider

• What about families living together?
• What about children who have run away from home?
• What is the relative permanence?

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• Focus Individual Circumstances

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Are they Homeless?

• Incarcerated children generally, no.
• Foster care children generally, no.
• Runaways depends on the circumstances.
• Throwaway children generally, yes.

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• Fixed, regular, adequate residence

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• Wisconsin State Plan for the Education of
  Homeless Children and Youth

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• A child or youth sleeps at night in a shelter for
  the homeless (including runaway youth shelters
  and domestic violence shelters)

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• A child or youth sleeps at night in the home of a
  friend or relative because the child or youth
  lacks a fixed, regular and adequate nighttime
  residence

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• A child or youth sleeps at night in a shelter
  awaiting institutionalization, adoption, foster
  care, or other placement and

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• A child or youth sleeps at night in a car, tent,
  an abandoned building, or other place not
  ordinarily used as a sleeping accommodation for
  human beings.

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• Local Educational Agency (LEA) Requirements

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In General

• Continue the childs or youths education in the
  school of origin for the duration of
  homelessness
• - in any case in which a family becomes
  homeless between academic years or
  during an academic year or
• - for the remainder of the academic year, if
  the child or youth becomes permanently
  housed during an academic year or

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In General

• Enroll the child or youth in any public school
  that nonhomeless students who live in the
  attendance area in which the child or youth is
  actually living are eligible to attend.

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Best Interest

• In determining the best interest of the child or
  youth under subparagraph (A), the local
  educational agency shall -
• - to the extent feasible, keep a homeless
  child or youth in the school of origin,
  except when doing so is contrary to the wishes
  of the childs or youths parent or guardian

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Best Interest

• - provide a written explanation, including a
  statement regarding the right to appeal under
  subparagraph (E), to the homeless
  childs or youths parent or guardian, if
  the local educational agency sends such child
  or youth to a school other than the school
  of origin or a school requested by the
  parent or guardian and

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Best Interest

• - in the case of an unaccompanied youth,
  ensure that the homeless liaison
  designated under paragraph (1)(J)(ii)
  assists in placement or enrollment
  decisions under this subparagraph,
  considers the views of such
  unaccompanied youth, and provides notice to
  such youth of the right to appeal under
  subparagraph (E).

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Enrollment

• The school selected in accordance with this
  paragraph shall immediately enroll the homeless
  child or youth, even if the child or youth is
  unable to produce records normally required for
  enrollment, such as previous academic records,
  medical records, proof of residency, or other
  documents.

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Enrollment

• The enrolling school shall immediately contact
  the school last attended by the child or youth to
  obtain relevant academic and other records.

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Enrollment

• If the child or youth needs to obtain
  immunizations, or immunization or medical
  records, the enrolling school shall immediately
  refer the parent or guardian of the child or
  youth to the local educational agency liaison
  designated under paragraph (1)(J)(ii), who shall
  assist in obtaining necessary immunizations, or
  immunization or medical records, in accordance
  with subparagraph (D).

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Comparable Services

• Transportation services
• Educational services for which the child or youth
  meets the eligibility criteria, such as services
  provided under Title I, educational programs for
  children with disabilities, and educational
  programs for students with limited-English
  proficiency

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Comparable Services

• Programs in vocational education
• Programs for gifted and talented students and
• School meals programs.

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Records

• Any record ordinarily kept by the school,
  including immunization records, academic records,
  birth certificates, guardianship records and
  evaluations for special services or programs, of
  each homeless child or youth shall be maintained

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Records

• So that the records are available, in a timely
  fashion, when a child or youth enters a new
  school district.

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Coordination and Liaison

• Coordinate with local social services agencies
  and other agencies or programs providing services
  to such children or youth and their families,
  including services and programs funded under the
  Runaway and Homeless Youth Act

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Coordination and Liaison

• Designate a homeless liaison and
• Coordinate with state and local housing agencies
  responsible for developing a comprehensive
  housing affordability strategy.

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Enrollment Disputes

• If a dispute arises over school selection or
  enrollment in a school
• The child or youth shall be immediately admitted
  to the school in which enrollment is sought,
  pending resolution of the dispute

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Enrollment Disputes

• The parent or guardian of the child or youth
  shall be provided with a written explanation of
  the schools decision regarding school selection
  or enrollment, including the rights of the
  parent, guardian, or youth to appeal the
  decision

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Enrollment Disputes

• The child, youth, parent, or guardian shall be
  referred to the local educational agency liaison
  designated under subparagraph (1)(J)(ii), who
  shall carry out the dispute resolution process as
  described in paragraph (1)(C) as expeditiously as
  possible after receiving notice of the dispute
  and

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Enrollment Disputes

• In the case of an unaccompanied youth, the
  homeless liaison shall ensure that the youth is
  immediately enrolled in school pending resolution
  of the dispute.

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Placement Choice

• The choice regarding placement shall be made
  regardless of whether the child or youth lives
  with the homeless parents or has been temporarily
  placed elsewhere.

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School of Origin Defined

• In this paragraph, the term school of origin
  means the school that the child or youth attended
  when permanently housed or the school in which
  the child or youth was last enrolled.

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Contact Information

• Nothing in this subtitle shall prohibit a local
  educational agency from requiring a parent or
  guardian of a homeless child to submit contact
  information.

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Review and Revisions

• IN GENERAL
• Each State educational agency and local
  educational agency that receives assistance under
  this subtitle shall review and revise any
  policies that may act as barriers to the
  enrollment of homeless children and youths in
  schools that are selected under paragraph (3).

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Review and Revisions

• CONSIDERATION
• In reviewing and revising such policies,
  consideration shall be given to issues concerning
  transportation, immunization, residency, birth
  certificates, school records and other
  documentation, and guardianship.

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Review and Revisions

• SPECIAL ATTENTION
• Special attention shall be given to ensuring the
  enrollment and attendance of homeless children
  and youths who are not currently attending school.

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LEA Grants for the Education of Homeless Children
and Youth

• Tutoring, supplemental instruction and enriched
  educational services
• Expedited evaluations of the strengths and needs
  of homeless children and youth
• Professional development to increase awareness
  among school personnel of the needs of homeless
  children and youth

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LEA Grants for the Education of Homeless Children
and Youth

• Referral services for medical, dental, mental and
  other health services
• Defray the excess cost of transportation to
  facilitate attendance
• Developmentally appropriate early childhood
  education programs not otherwise provided through
  federal, state, or local funding

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LEA Grants for the Education of Homeless Children
and Youth

• Provision of services and assistance to attract,
  engage, and retain homeless children and youths
  in programs and services provided to nonhomeless
  children and youths
• Before- and after-school and summer programs
  which provide tutoring, homework assistance and
  supervision of educational abilities

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LEA Grants for the Education of Homeless Children
and Youth

• Payment of fees and other costs associated with
  obtaining records necessary to enrolling homeless
  children and youth
• Education and training for parents of homeless
  children and youth about the rights and resources
  available to such children

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LEA Grants for the Education of Homeless Children
and Youth

• Coordination between schools and agencies
  providing services to homeless children and
  families
• Pupil services, including violence prevention
  counseling, and referrals for such services
• Address specific needs which may arise from
  domestic violence

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LEA Grants for the Education of Homeless Children
and Youth

• 14. Adaption of space and purchase of supplies
  for non-school facilities to provide authorized
  activities
• 15. Providing school supplies
• 16. Extraordinary or emergency assistance needed
  to enable homeless children and youth to attend
  school.

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LEA Grants for the Education of Homeless Children
and Youth

• Traditional grants run on a three-year cycle,
  which will begin anew in Spring 2011.
• The American Recovery and Reinvestment Act
  (ARRA) grants are one-year grants, but grantees
  have until June 30, 2011 to spend the funds.
  Applications were due for ARRA grants earlier
  this year.

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Which LEA is Responsible for a Child?

• Section 11432(g)(3) of the McKinney Act requires
  that each homeless child be allowed to maintain
  enrollment in the school the child attended
  before becoming homeless, or to enroll in the
  school where the child is located, whichever is
  in the best interest of the child.

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What About Residency Requirements?

• School districts may not prevent the enrollment
  of homeless children and youth through residency
  requirements. If a child is living in a shelter,
  in the home of a friend or relative, or in some
  other temporary accommodation that is located
  with in the school district boundaries, inability
  to provide documentation of permanent residence
  may not prevent or delay the childs enrollment.

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What if the Child is Not Living with His/Her
Parents?

• The district is required to enroll homeless
  children who are not living with parents or legal
  guardians assuming the child is not living in the
  district for the primary purpose of attending the
  districts public schools.

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How do We Deal with Guardianship Issues?

• Children dont need a guardian to enroll
• School districts cannot require an adult to
  assume guardianship

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How do We Know if the Child is Really Homeless?

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How Does Homelessness Affect Placement?

• Section 11431(3) of the McKinney Act states that
  homelessness alone is not sufficient reason to
  separate students from the mainstream school
  environment."

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Maintenance of Records

• No behavioral records may be maintained for more
  than one year after the pupil ceases to be
  enrolled in the school, unless the pupil
  specifies in writing that his or her behavioral
  records may be maintained for a longer period. A
  pupils progress records shall be maintained for
  at least 5 years after the pupil ceases to be
  enrolled in the school.

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Transfer of Records

• Within 5 working days, a school district shall
  transfer to another school or school district all
  pupil records relating to a specific pupil if the
  transferring school district has received

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Transfer of Records

• written notice from the pupil if he or she is
  an adult or his or her parent or guardian if the
  pupil is a minor that the pupil intends to
  enroll in the other school or school district
  or

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Transfer of Records

• 2. written notice from the other school or
  school district that the pupil has enrolled or
  from a court that the pupil has been placed in a
  secured correctional facility, a secured child
  caring institution, or a secured group home.

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School Attendance Enforcement

• The goals of an assessment period are to develop
  an educational plan for the pupil, implement an
  appropriate transitional plan and facilitate the
  pupils placement in an education program in
  which the pupil will be able to succeed.

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School Attendance Enforcement

• The assessment may include any of the following
  new or previously completed activities
• An assessment for problems with alcohol or other
  drugs.
• An assessment of individual educational needs.

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School Attendance Enforcement

• The assessment may include any of the following
  new or previously completed activities
• An assessment of whether the pupil is
  encountering problems in the community or at home
  that require intervention by a social worker.

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School Attendance Enforcement

• The assessment may include any of the following
  new or previously completed activities
• A vocational assessment, which may include career
  counseling.
• A medical assessment

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Indigent Children

• The principal or teacher in charge of any public
  school shall report to the county department
  under s. 46.215, 46.22 or 46.23 for the county
  wherein the school is situated the name and
  address of any child in the school whose parent,
  guardian or other person having control, charge
  or custody of the child is without sufficient
  means to furnish the child with food or clothing
  necessary to enable the child to attend school.

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Indigent Children

• The school board of a common or union high
  school district shall provide books and school
  supplies for indigent children residing in the
  school district.

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Immunization of Children

• The school board of a common or union high
  school district shall require each student to
  present evidence of completed basic and recall
  (booster) series immunizations unless the
  student, if an adult, or the parent, guardian or
  legal custodian of a minor student submits a
  written waiver to the school board under s.
  252.04(3).

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Transportation by School Districts

• GENERAL TRANSPORTATION
• Except as provided in sub.(1), every school
  board shall provide transportation to and from
  public school for all pupils who reside in the
  school district 2 miles or more from the nearest
  public school they are entitled to attend.

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School Bus Routes

• The school board of each district shall make and
  be responsible for all necessary provisions for
  the transportation of pupils, including
  establishment, administration and scheduling of
  school bus routes.

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Admission of Nonresident Pupils

• Every elementary school and high school shall be
  free to all pupils who reside in the school
  district.

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Admission of Nonresident Pupils

• If facilities are adequate, a school board,
  board of control of a cooperative educational
  service agency or county children with
  disabilities education board may admit
  nonresident pupils who meet its entrance
  requirements. Nonresident pupils shall have all
  of the rights and privileges of resident pupils
  and shall be subject to the same rules and
  regulations as resident pupils. The agency of
  service shall charge tuition for each nonresident
  pupil.

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Tuition Waiver Special Cases

• A school board may permit a pupil who was
  enrolled in and a resident of the school district
  at the beginning of the school year to complete
  the school year at the school he or she is
  attending without payment of tuition, even though
  the pupil is no longer a resident of the school
  district.

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Tuition Waiver Special Cases

• A school board shall permit a pupil who was a
  resident of the school district on the 3rd Friday
  in September or the 2nd Friday in January of the
  current school year and who has been enrolled in
  the school district for at least 20 school days
  during the current school year to complete the
  current school year at the school he or she is
  attending without payment of tuition, even though
  the pupil is no longer a resident of the school
  district.

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Tuition Waiver Special Cases

• Upon request of a pupils parent or guardian, a
  school board of a district operating high school
  grades shall permit a pupil who has gained 12th
  grade status in a high school under its
  jurisdiction and is a resident of the school
  district at the time of gaining such status to
  complete 12th grade at the high school without
  payment of tuition, even though the pupil is no
  longer a resident of the school district. This
  paragraph does not apply to a pupil to whom s.
  121.78(2)(br) applies.