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Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act National Center for Homeless Education at SERVE

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Presentation on theme: "Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act National Center for Homeless Education at SERVE"— Presentation transcript:

1 Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act National Center for Homeless Education at SERVE

2 National Center for Homeless Education Outline Determining homelessness among migrant students Rights and services under McKinney-Vento Categorical eligibility for school meal program Suggestions for collaboration

3 National Center for Homeless Education The McKinney-Vento Homeless Assistance Act Stewart B. McKinney Homeless Assistance Act (1987) Representative Stewart B. McKinney (R-CT) ( ) Representative Bruce F. Vento (D-MN) ( ) January 2002 Reauthorization – The McKinney- Vento Homeless Assistance Act (Title X, Part C, of the No Child Left Behind Act)

4 National Center for Homeless Education Who Is Homeless? Lacks a fixed, regular, and adequate nighttime residence: Doubled-up (living with others due to loss of housing or economic hardship – not by choice) Motels, hotels, campgrounds (lack of alternative) Emergency or transitional shelters Public or private place not designed for human living Cars, parks, substandard housing, abandoned buildings, bus/train stations Migrant children fitting the definition MVHAA - Sec 725(2) Migrant students that meet the McKinney-Vento definition of homeless qualify for the services and rights provided by the law.

5 National Center for Homeless Education States Appoint a State Coordinator of Homeless Education Remove barriers, including revising state policy/law Ensure compliance with Title X, Part C Districts Appoint a Local Homeless Education Liaison Remove barriers, including revising district policy/law Ensure compliance with Title X, Part C Supremacy Clause: U.S. Constitution, Article VI Federal law supersedes state and local law/policy State and District Responsibilities

6 National Center for Homeless Education Who determines homelessness and supports students? Every district has a local homeless education liaison The local liaison is responsible for making determinations of homelessness under McKinney-Vento The local liaison links the homeless student to services and resources and ensures that the students education is protected

7 National Center for Homeless Education Making determinations of homelessness Identifying homeless children and youth, including unaccompanied youth Overseeing the protection of student rights (immediate enrollment, access to services, etc.) Assisting unaccompanied youth Overseeing the prompt resolution of disputes Ensuring access to district preschool programs Liaison Responsibilities

8 National Center for Homeless Education Student Rights Immediate enrollment, even if lacking paperwork School selection School of origin (if feasible) Local school Transportation to school of origin, if requested by the parent (or, for unaccompanied youth, by the liaison) Comparable services Prohibition of segregation Public posting of rights

9 National Center for Homeless Education Unaccompanied Youth Definition: not in the physical custody of a parent or guardian Living situation meets homeless definition Eligible for services under McKinney-Vento regardless of reason for separation Ran away Forced to leave home All protections and rights under the McKinney- Vento Act, including immediate enrollment, apply

10 National Center for Homeless Education Preschool McKinney-Vento applies to public preschool programs Liaisons ensure access to public programs Head Start collaboration to ensure access for homeless preschoolers to public Head Start programs (US HHS memo, 6/5/92)

11 National Center for Homeless Education School must refer student/parent/guardian to the liaison to carry out the dispute process State must have an established procedure Immediate enrollment and service provision pending resolution School must provide a written explanation of its decision, including the right to appeal Liaisons assist unaccompanied youth Dispute Resolution

12 National Center for Homeless Education Homeless students are automatically eligible for Title I support State and district plans - demonstrate coordination between Title I and Title XC Mandatory district set-aside Homeless students served Under Title I school-wide programs: by providing comparable services or with set-aside Non-participating schools: with set-aside Title I and Homeless Education

13 National Center for Homeless Education Special Education The Individuals with Disabilities Education Act (IDEA) includes specific provisions for homeless children and youth Expedited evaluations to assist in making prompt and appropriate placement decisions Continuity of services for children and youth with IEPs who transfer into a new school district Alignment between McKinney-Vento and IDEA - (States must comply with McKinney-Vento as a condition of IDEA funding) Prompt appointment of surrogate parents (or temporary surrogates, when needed) for unaccompanied homeless youth The identification and evaluation of young homeless children with disabilities (Child Find component of IDEA)

14 National Center for Homeless Education Free School Meal Eligibility Child Nutrition and WIC Reauthorization Act of 2004 Categorical eligibility for free school meals Migrant students Homeless students Students in RHYA program

15 National Center for Homeless Education Free School Meal Eligibility (cont.) Documentation Dated list with childrens names Signature of the local liaison or migrant education program coordinator No school meal application needed Effective Remainder of school year Up to 30 days into new school year Even if homeless/migrant status expires during the year

16 National Center for Homeless Education Collaboration at the state level State migrant directors and homeless coordinators should work together to: Review and revise policies Establish new policies Communicate these policies to staff and parents Encourage local collaboration

17 National Center for Homeless Education Collaboration at the local level Local liaisons can provide the following to migrant recruiters and home-school consultants: Understanding of McKinney-Vento legislation Assistance with integrating migrant children who fit the definition of homeless into the public school system Assistance with accessing resources

18 National Center for Homeless Education Collaboration at the local level (cont.) Migrant recruiters and home-school consultants can provide the following to local liaisons: Insights into local migrant work patterns Understanding of unique needs of migrant students Locations of migrant camps and communities Facilitate communication with families Facilitate communication with employers Assistance with identifying homeless students

19 National Center for Homeless Education Have a question Need help? Local Homeless Education Liaison To find out who the local liaison in is your district, contact your State Coordinator for Homeless Education. State Coordinator for Homeless Education To find out who your State Coordinator is, visit: or call the NCHE helpline at National Partners for Homeless Education The national partners work together to provide materials and information to districts, service providers, and parents in a coordinated and comprehensive fashion. (see next slide)

20 National Center for Homeless Education National Partners National Association for the Education of Homeless Children and Youth (NAEHCY) Barbara Duffield, Policy Director, Ph: National Center for Homeless Education (NCHE) Diana Bowman, Director, Ph: National Law Center on Homelessness & Poverty (NLCHP) Joy Moses, Education Staff Attorney, Ph: U.S. Department of Education Gary Rutkin, Coordinator, Education for Homeless Children and Youth Program, Ph:


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