Title: McKinneyVento Homeless Assistance Act: Education for Homeless Children and Youth
1McKinney-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. 414-277-5000
- E-mail GMR_at_quarles.com rg8_at_quarles.com
December 4, 2009
2-
- Education for Homeless Children and Youths (EHCY)
3-
- 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.
4-
- 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.
5The term homeless children and youth -
-
- Means individuals who lack a fixed, regular, and
adequate nighttime residence and -
-
6- 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 -
7-
- 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 -
8-
- children and youths who are living in cars,
parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or
similar settings and -
9-
- 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).
10Questions to Consider
-
- What about families living together?
- What about children who have run away from home?
- What is the relative permanence?
-
-
11-
- Focus Individual Circumstances
12Are they Homeless?
-
- Incarcerated children generally, no.
- Foster care children generally, no.
- Runaways depends on the circumstances.
- Throwaway children generally, yes.
13-
- Fixed, regular, adequate residence
14-
- Wisconsin State Plan for the Education of
Homeless Children and Youth
15-
- A child or youth sleeps at night in a shelter for
the homeless (including runaway youth shelters
and domestic violence shelters)
16-
- 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
17-
- A child or youth sleeps at night in a shelter
awaiting institutionalization, adoption, foster
care, or other placement and
18-
- 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.
19-
- Local Educational Agency (LEA) Requirements
20In 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 -
-
21In 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.
22Best 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 -
23Best 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
24Best 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).
25Enrollment
-
- 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. -
26Enrollment
-
- The enrolling school shall immediately contact
the school last attended by the child or youth to
obtain relevant academic and other records. -
27Enrollment
-
- 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). -
28Comparable 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 -
29Comparable Services
-
- Programs in vocational education
- Programs for gifted and talented students and
- School meals programs.
-
30Records
-
- 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
31Records
-
- So that the records are available, in a timely
fashion, when a child or youth enters a new
school district.
32Coordination 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
33Coordination and Liaison
- Designate a homeless liaison and
- Coordinate with state and local housing agencies
responsible for developing a comprehensive
housing affordability strategy.
34Enrollment 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
35Enrollment 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
36Enrollment 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
37Enrollment 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.
38Placement 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.
39School 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.
40Contact 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.
41Review 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).
42Review 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.
43Review 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.
44LEA 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 -
-
45LEA 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
46LEA 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
47LEA 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
48LEA 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
49LEA 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.
50LEA 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.
51Which 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.
52What 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.
53What 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.
54How do We Deal with Guardianship Issues?
-
- Children dont need a guardian to enroll
- School districts cannot require an adult to
assume guardianship
55How do We Know if the Child is Really Homeless?
56How 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."
57Maintenance 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.
58Transfer 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
59Transfer 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
60Transfer 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.
61School 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.
62School 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.
63School 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.
64School 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
65Indigent 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.
66Indigent 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.
67Immunization 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).
68Transportation 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.
69School 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.
70Admission of Nonresident Pupils
-
- Every elementary school and high school shall be
free to all pupils who reside in the school
district.
71Admission 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.
72Tuition 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. -
73Tuition 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. -
74Tuition 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.