2 McKinney-Vento Homeless Assistance Act Originally signed into law in 19871990 amendment – educational success1994 amendment – school choiceReauthorized in 2001Equal OpportunityHomeless LiaisonsSub-Grant FundingTitle VII portion included with NCLB in 2002“McKinney-Vento Homeless Education Assistance Improvements Act of 2001”
5 Policies & ProceduresSEAs and LEAs must develop, review and revise their policies to remove barriers to the enrollment and retention of children and youth in homeless situations. [722(g)(1)(I)]Immediate enrollment of Homeless students, regardless of missing documentation.Transportation is provided to & from the “school of origin.”Homeless children and youths are not stigmatized or segregated on the basis of their status as Homeless.
6 Policies & ProceduresStates are prohibited from segregating homeless students in separate schools, separate programs within schools, or separate settings within schools. [722(e)(3)(A)]Local educational agencies will designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youths, to carry out the duties… [722(g)(1)(J)(ii)]
9 IdentificationEach local education agency liaison for homeless children and youths shall ensure that …(i) homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies… [722(g)(6)(A)(i)]
10 IdentificationThe term ‘homeless children and youth’ (A)means individuals who lack a fixed, regular, and adequate nighttime residence. [725(2)(A)]Fixed – one that is stationary, permanent, and not subject to changeRegular – one which is used on a regular (i.e. nightly) basisAdequate – one that is sufficient for meeting both the physical and psychological needs typically met in home environments.
11 Identification Housing is (1) temporary and (2) due to hardship Housing is substandard or considered inadequate within the contextUnaccompanied Youth
12 IdentificationThe term ‘homeless children and youth’ (A) Includes – (i) Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or similar reason; are living in motels, hotels, trailer parks, or camp grounds due to lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement.
13 Awaiting Foster Care Placement For children who have been in foster care:Children who are already in foster care are not considered homeless. (G-10, McKinney-Vento Non-Regulatory Guidance July 2004)For children who are in the custody of Child Protective Services:A child/youth may be eligible for McKinney-Vento services, for the remainder of the school year, from the time that they are initially removed from the child’s home and placed in foster/kinship care by Child Protective Services (CPS). (If the child is placed during the last school quarter of the school year, eligibility may continue through the new school year, if feasible and in the child’s best interest.)A child/youth temporarily residing in group care (group home or shelter) placed by CPS after initial removal from the child’s home while awaiting placement in foster care, may be eligible.“Awaiting Foster Care Placement”ADE Guidance Memo, December 19, 2011
14 Identification(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 qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).[725(2)(A-B)(i-iv)]
15 IdentificationThe term ‘unaccompanied youth' includes a youth not in the physical custody of a parent or guardian. [725(6)]
16 Identification Strategies Enrollment proceduresQuestionnaireInterviewsBuilding awareness with all staffBus driversTeachersCafeteria workersEtc.Coordination with agenciesCPSPoliceSheltersRefugee Resettlement
17 IdentificationUndocumented children and youth have the same right to attend public primary and secondary schools as U.S. citizens and are covered by the McKinney-Vento Act to the same extent as other children and youth.Plyler v. Doe [457 U.S. 202 (1982)]“It is well established that states cannot exclude children who are undocumented immigrants from public schools, Plyler v. Doe, 457 U.S. 202 (1982), and Proposition 200 does not attempt to do so.”AG I04-010
18 Identification SY 2007-2008 SY 2008-2009 SY 2009-2010 SY 2010 - 2011 Total HCY21,38125,26330,81531,31231,68330,93429,752*Doubled Up64.7%66.9%73%72%67%Sheltered25%24.9%21%22%Unknown3.7%N/AHotel/Motel4.7%3.8%3%4%5%Unsheltered1.9%4.4%* As of 06/24/2014
19 Identification Primary Nighttime Residence Definitions: Sheltered: Students living in temporary shelters, such as homeless shelters, domestic violence shelters, or transitional housing programs, or temporary foster care placements.Doubled Up: Students temporarily sharing the housing of other persons (friend or relatives) due to loss of housing, economic hardship, or a similar reason.Unsheltered: Student living in abandoned buildings, campgrounds, and vehicles, inadequate trailer parks, bus and train stations, substandard housing or abandoned in the hospital.Hotel/Motel: Students temporarily living in a hotel or motel due to lack of alternative adequate accommodations.
22 EnrollmentEach local education agency liaison for homeless children and youths shall ensure that…(ii) homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that local education agency. [722(g)(6)(A)(ii)]
23 Enrollment Immediate Even without Birth certificatesNot required, per ARSSchool recordsImmunizationExempt for 5 calendar days,per ARS subsection HChildren 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)]
24 Arizona Residency Guideline Verifiable Documentation“The documentation required by A.R.S. § must be provided each time a student enrolls in a school district or charter school in this state, and reaffirmed during the district or charter’s annual registration process via the district or charter’s annual registration form. The documentation supporting Arizona residency should be maintained according to the school’s records retention schedule. For members of the armed services, the provision of verifiable documentation does not serve as a declaration of official residency for income tax or other legal purposes. PROOF OF RESIDENCY IS NOT REQUIRED FOR HOMELESS STUDENTS. 42 U.S.C.§ (g)(3)(C)(i).”Arizona Department of EducationArizona Residency GuidelineRevised 08/15/2012
25 EnrollmentEnroll students immediately and then follow up on details, disputes, etc.If a student does not have immunizations, or immunization or medical records, the liaison must immediately assist in obtaining them, and the student must be enrolled in school in the interim. [722(g)(3)(C)(iii)]Enrolling schools must obtain school records from the previous school, and students must be enrolled in school while records are obtained. [722(g)(3)(C)(ii)]Schools must maintain records for students who are homeless so they are available quickly. [722(g)(3)(D)]
26 Note: Charters DO HAVE “School of Origin” responsibilities. EnrollmentSchool SelectionParent or Guardian ChoiceSchool of OriginSchool of ResidencyNote: Charters DO HAVE “School of Origin” responsibilities.
27 Enrollment School Selection School of Residency School of Origin 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. [722(g)(3)(G)]School of ResidencyThe school designated for the attendance area in which the student currently resides.
28 Enrollment School Selection Permanent Housing21School of ResidencySchool of OriginABC Shelter
29 Enrollment School Selection Local Educational Agencies (LEAs) must keep students in homeless situations in their school of origin, to the extent feasible, unless it is against the parent’s or guardian’s wishes. [722(g)(3)(B)(i)]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)]
31 Enrollment Dispute Resolution The student must be immediately admitted to the school of choice while the dispute is being resolved.Liaisons must ensure unaccompanied youth are immediately enrolled while the dispute is being resolved.Whenever a dispute arises, the parent or guardian must be provided with written explanation of the school’s decision, including the right to appeal the decision.Liaisons must inform unaccompanied youth of their right to appeal the school’s decision.The school must refer the child, youth, parent, or guardian to the school liaison to carry out the dispute resolution process as expeditiously as possible.Arizona’s State Plan, Item #3
32 Enrollment State Level Appeal If dissatisfied with the resolution, he/she may appeal the decision to the state level.The appellant must submit a written “State Level Notice of Appeal” and copy of the LEA’s decision to the Homeless Education Coordinator no later than seven (7) work days after receiving written notification of the district level or inter-district decision.Copies of all paperwork filed with the Homeless Education Coordinator shall be provided to all other parties to the proceeding.Within seven (7) work days, convene a panel of at least two (2) Arizona Department of Education employees. This panel shall review the entire record of the dispute, including any written statements submitted, and make a determination based on the child or youth’s best interest.The determination of the panel shall be final.
36 Educational ServicesEach local education agency liaison for homeless children and youths, designated under paragraph (1)(j)(ii), shall ensure that –Homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services; [722(g)(6)(A)(iii)]
37 Educational Services Title I Free and Reduced Breakfast/Lunch A child or youth who is homeless and is attending any school in the district is automatically eligible for Title I services. [1115(b)(2)(E)]This includes support services and supplemental educational programs such as tutoring, summer school, preschool, etc.Free and Reduced Breakfast/LunchFor LEAs with National School Lunch ProgramsAs of 2002, USDA policy permits liaisons to obtain free school meals for students by providing a list of names of students experiencing homelessness with dates.This became law with The Child Nutrition and WIC Reauthorization Act of 2004
38 Educational Services English Acquisition Services/ELL Migrant Gifted CounselingHead Start/Even StartLiaisons must ensure that families and children receive Head Start, Even Start programs and preschool programs. [722(g)(6)(A)(iii)]PreschoolSpecial Education (if eligible)
42 Public NoticeEach local education agency liaison for homeless children and youths, designated under paragraph (1)(j)(ii), shall ensure that –The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children; [722(g)(6)(A)(iv)]Public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services under this Act such as schools, family shelters, and soup kitchens; [722(g)(6)(A)(v)]
43 Public Notice ADE Requirements Once Upon Enrollment Twice Annually PostersNewslettersPamphletHandbookWebsiteIn schools & in communityNotification needs to be made to all parents not just the homeless parents.
44 Public NoticeAvailable in English & Spanish from:
47 TransportationEach local education agency liaison for homeless children and youths, designated under paragraph (1)(j)(ii), shall ensure that –The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, and is assisted in accessing transportation to the school that is selected… [722(g)(6)(A)(vii)]
48 Transportation Provided to and from the School of Origin If feasible (in the “best interest” of the student)At request of parent/guardian/youthLocal educational agencies (LEAs) must provide students experiencing homelessness with transportation to and from their school of origin, at a parent’s or guardian’s request.[722(g)(1)(J)(iii)]Note: Charters have School of Origin responsibilities,but are not reimbursed for transportation miles.
49 TransportationSchool of Origin & School of Residency are dually responsible.If the homeless child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally. [722(g)(1)(J)(iii)(II)]
50 TransportationThe method of transportation is an LEA decision, but it must be appropriate for the student and family.School busSmaller school busPublic bus passes or tokensReimburse parent for mileageActivity vansTaxi serviceVan service
53 Accountability Data Collection All LEAs LEAs with Sub-Grants Number of Homeless Children & YouthPrimary Nighttime ResidenceLEAs with Sub-GrantsNumber of homeless children & youth served by sub-grant fundingNumber of children receiving educational and school support servicesBarriers to the education of homeless children & youth.
54 Accountability ADE ESEA 6-Year Compliance Monitoring ALEAT Cycle 1 & 4: All compliance areasHomeless Education PolicyCurrent LEA Homeless Education Policy which includes required components: Immediate Enrollment; HCY are not stigmatized or segregated; and transportation is provided at parent request.Homeless Education LiaisonHCY Public Notice Locations (Template)HCY Reservation of Funds (Template)Identification ProcedureStaff Training on Homeless (Template)Homeless Education Dispute ProcedureCurrent LEA Dispute Resolution Procedure. Template available as starting point in development of the LEA dispute resolution procedure.
58 Funding Title I-A Set-Asides LEAs are required to set aside .5% (half of a percent) of their Title I allocations, or $100, whichever is greater, to meet the needs of HCY.A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; [1113(c )(3)(A)]
60 State Coordinator for Homeless & Refugee Education Contact InformationFrank Migali, MBAState Coordinator for Homeless & Refugee Education1535 W. Jefferson, Bin #27Phoenix, AZ(602)Web Page:Law & GuidanceDispute Resolution ProcessDatabase of Local Liaisons