1. McKinney-Vento 101: Law and Implementation National Association for the Education of Homeless Children and Youth www.naehcy.org National Center for Homeless Education www.serve.org/nche National Law Center on Homelessness & Poverty www.nlchp.org

2. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org How many children and youth experience homelessness? 1.35 million children1.35 million children 10% of all children living in poverty10% of all children living in poverty 733,000-1.3 million youths733,000-1.3 million youths Over 40% of all children who are homeless are under the age of 5Over 40% of all children who are homeless are under the age of 5

3. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Causes of Homelessness Lack of affordable housingLack of affordable housing Deep povertyDeep poverty Health problemsHealth problems Domestic violenceDomestic violence Natural and other disastersNatural and other disasters Abuse/neglect (unaccompanied youth)Abuse/neglect (unaccompanied youth)

4. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Impact of Homelessness High mobility (short shelter stays, insecure living arrangements)High mobility (short shelter stays, insecure living arrangements) More chronic and acute illnessMore chronic and acute illness Developmental delays (younger children)Developmental delays (younger children) Social isolationSocial isolation Trauma, lossTrauma, loss Stress and emotional/mental health issuesStress and emotional/mental health issues InvisibilityInvisibility

5. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Education for Homeless Children and Youth School provides: Structure Routine/consistency/stability Meals Caring adults Health care/social services Socialization and friendships Skills needed to escape poverty and realize dreams

6. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Barriers to Education for Homeless Children and Youth Enrollment requirements (school records, immunizations, proof of residence and guardianship)Enrollment requirements (school records, immunizations, proof of residence and guardianship) High mobility resulting in lack of school stability and educational continuityHigh mobility resulting in lack of school stability and educational continuity Lack of awareness of homelessnessLack of awareness of homelessness Lack of transportationLack of transportation Lack of school supplies, clothing, etc.Lack of school supplies, clothing, etc. Poor health, fatigue, hungerPoor health, fatigue, hunger Prejudice and misunderstandingPrejudice and misunderstanding

7. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org McKinney-Vento Homeless Assistance Act Reauthorized 2002 by NCLBReauthorized 2002 by NCLB Main themes:Main themes: School stabilitySchool stability School accessSchool access Support for academic successSupport for academic success Child-centered, best interest decision makingChild-centered, best interest decision making

8. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Eligibility—Who is Covered? Children who lack a fixed, regular, and adequate nighttime residence—Children who lack a fixed, regular, and adequate nighttime residence— Sharing the housing of others due to loss of housing, economic hardship, or similar reasonSharing the housing of others due to loss of housing, economic hardship, or similar reason Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodationsLiving in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations Living in emergency or transitional sheltersLiving in emergency or transitional shelters Abandoned in hospitalsAbandoned in hospitals

9. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Awaiting foster care placementAwaiting foster care placement Living in a public or private place not designed for humans to liveLiving in a public or private place not designed for humans to live Living in cars, parks, abandoned buildings, bus or train stations, etc.Living in cars, parks, abandoned buildings, bus or train stations, etc. Migratory children living in above circumstancesMigratory children living in above circumstances Eligibility— Who is Covered? (cont.)

10. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Local Homeless Education Liaisons Every LEA must designate a liaison for students in homeless situationsEvery LEA must designate a liaison for students in homeless situations ResponsibilitiesResponsibilities Ensure that children and youth in homeless situations are identifiedEnsure that children and youth in homeless situations are identified Ensure that homeless students enroll in and have full and equal opportunity to succeed in schoolEnsure that homeless students enroll in and have full and equal opportunity to succeed in school Link with educational services, including preschool and health servicesLink with educational services, including preschool and health services

11. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Local Homeless Education Liaisons (cont.) Inform parents, guardians, or youth of educational and parent involvement opportunitiesInform parents, guardians, or youth of educational and parent involvement opportunities Post public notice of educational rightsPost public notice of educational rights Resolve disputesResolve disputes Inform parents, guardians, or youth of transportation services, including to the school of originInform parents, guardians, or youth of transportation services, including to the school of origin

12. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Identification Strategies Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, etc.)Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, etc.) Coordinate with community service agencies, such as shelters, soup kitchens, drop-in centers, welfare and housing agencies, and public health departmentsCoordinate with community service agencies, such as shelters, soup kitchens, drop-in centers, welfare and housing agencies, and public health departments Provide outreach materials and posters where there is a frequent influx of low-income families and youth in high-risk situations, including motels and campgroundsProvide outreach materials and posters where there is a frequent influx of low-income families and youth in high-risk situations, including motels and campgrounds Educate school staff about “warning signs” that may indicate an enrolled child or youth may be experiencing homelessnessEducate school staff about “warning signs” that may indicate an enrolled child or youth may be experiencing homelessness

13. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Make special efforts to identify preschool children, including asking about the siblings of school-aged childrenMake special efforts to identify preschool children, including asking about the siblings of school-aged children Develop relationships with truancy officials and/or other attendance officersDevelop relationships with truancy officials and/or other attendance officers Use enrollment and withdrawal forms to inquire about living situationsUse enrollment and withdrawal forms to inquire about living situations Have students draw or write about where they live.Have students draw or write about where they live. Avoid using the word "homeless" in initial contacts with school personnel, families, or youthAvoid using the word "homeless" in initial contacts with school personnel, families, or youth Identification Strategies (cont.)

14. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org School Stability— Key Provisions Children and youth experiencing homelessness can stay in their school of origin or enroll in any public school that students living in the same attendance area are eligible to attend, according to their best interestChildren and youth experiencing homelessness can stay in their school of origin or enroll in any public school that students living in the same attendance area are eligible to attend, according to their best interest School of origin—school attended when permanently housed or in which last enrolledSchool of origin—school attended when permanently housed or in which last enrolled Best interest—keep homeless students in their schools of origin, to the extent feasible, unless this is against the parents’ or guardians’ wishesBest interest—keep homeless students in their schools of origin, to the extent feasible, unless this is against the parents’ or guardians’ wishes

15. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Feasibility— USDE Sample Criteria Continuity of instructionContinuity of instruction Age of the child or youthAge of the child or youth Safety of the child or youthSafety of the child or youth Length of stay at current residenceLength of stay at current residence Likely area where family will find permanent housingLikely area where family will find permanent housing Student’s need for special instructional programsStudent’s need for special instructional programs Impact of commute on educationImpact of commute on education School placement of siblingsSchool placement of siblings Time remaining in the school yearTime remaining in the school year

16. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org School Selection— Key Provisions 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 housingStudents 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 If a student becomes homeless in between academic years, he or she may continue in the school of origin for the following academic yearIf a student becomes homeless in between academic years, he or she may continue in the school of origin for the following academic year If a student is sent to a school other than that requested by a parent or guardian, the district must provide a written explanation to the parent or guardian of its decision and the right to appealIf a student is sent to a school other than that requested by a parent or guardian, the district must provide a written explanation to the parent or guardian of its decision and the right to appeal

17. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Research on School Mobility Students who switch schools frequently score lower on standardized tests; study found mobile students scored 20 points lower than non-mobile studentsStudents who switch schools frequently score lower on standardized tests; study found mobile students scored 20 points lower than non-mobile students Mobility also hurts non-mobile students; study found average test scores for non-mobile students were significantly lower in high schools with high student mobility ratesMobility also hurts non-mobile students; study found average test scores for non-mobile students were significantly lower in high schools with high student mobility rates It takes children an average of 4-6 months to recover academically after changing schoolsIt takes children an average of 4-6 months to recover academically after changing schools

18. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Students suffer psychologically, socially, and academically from mobility; mobile students are less likely to participate in extracurricular activities and more likely to act out or get into troubleStudents suffer psychologically, socially, and academically from mobility; mobile students are less likely to participate in extracurricular activities and more likely to act out or get into trouble Mobility during high school greatly diminishes the likelihood of graduation; study found students who changed high schools even once were less than half as likely as stable students to graduate, even controlling for other factorsMobility during high school greatly diminishes the likelihood of graduation; study found students who changed high schools even once were less than half as likely as stable students to graduate, even controlling for other factors Research on School Mobility (cont.)

19. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Transportation—Key Provisions LEAs must provide students experiencing homelessness with transportation to and from their school of origin, at a parent’s or guardian’s request (or at the liaisons request for unaccompanied youth)LEAs must provide students experiencing homelessness with transportation to and from their school of origin, at a parent’s or guardian’s request (or at the liaisons request for unaccompanied youth) If the student’s temporary residence and the school of origin are in the same LEA, that LEA must provide or arrange transportation; if the student is living outside of the school of origin’s LEA, the LEA where the student is living and the school of origin’s LEA must determine how to divide the responsibility and share the cost, or they must share the cost equallyIf the student’s temporary residence and the school of origin are in the same LEA, that LEA must provide or arrange transportation; if the student is living outside of the school of origin’s LEA, the LEA where the student is living and the school of origin’s LEA must determine how to divide the responsibility and share the cost, or they must share the cost equally

20. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Transportation— Key Provisions (cont.) In addition to providing transportation to the school of origin, LEAs must provide students in homeless situations with transportation services comparable to those provided to other studentsIn addition to providing transportation to the school of origin, LEAs must provide students in homeless situations with transportation services comparable to those provided to other students School districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness (including transportation barriers)School districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness (including transportation barriers)

21. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Transportation Strategies Develop close ties among local liaisons, school staff, pupil transportation staff, and shelter workersDevelop close ties among local liaisons, school staff, pupil transportation staff, and shelter workers Re-route school buses (including special education, magnet school and other buses)Re-route school buses (including special education, magnet school and other buses) Develop formal or informal agreements with school districts where homeless children cross district linesDevelop formal or informal agreements with school districts where homeless children cross district lines Provide passes for public transportationProvide passes for public transportation Use approved van or taxi servicesUse approved van or taxi services Reimburse parents for gasReimburse parents for gas

22. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Enrollment—Key Provisions Children and youth in homeless situations can stay in their school of origin (to the extent feasible) or enroll in any public school that students living in the same attendance area are eligible to attendChildren and youth in homeless situations can stay in their school of origin (to the extent feasible) or enroll in any public school that students living in the same attendance area are eligible to attend The terms “enroll” and “enrollment” include attending classes and participating fully in school activitiesThe terms “enroll” and “enrollment” include attending classes and participating fully in school activities

23. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Enrollment— Key Provisions (cont.) Children and youth have the right to enroll in school immediately, even if they do not have required documents, such a school records, medical records, proof of residency, or other documentsChildren and youth have the right to enroll in school immediately, even if they do not have required documents, such a school records, medical records, proof of residency, or other documents 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 the interimIf 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 the interim

24. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Enrollment— Key Provisions (cont.) Enrolling schools must obtain school records from the previous school, and students must be enrolled in school while records are obtainedEnrolling schools must obtain school records from the previous school, and students must be enrolled in school while records are obtained Schools must maintain records for students who are homeless so they are available quicklySchools must maintain records for students who are homeless so they are available quickly Federal law supercedes state and local laws where there is a conflict [U.S. Constitution, Article VI]Federal law supercedes state and local laws where there is a conflict [U.S. Constitution, Article VI] SEAs and LEAs must develop, review, and revise policies to remove barriers to the enrollment and retention of children and youth in homeless situationsSEAs and LEAs must develop, review, and revise policies to remove barriers to the enrollment and retention of children and youth in homeless situations

25. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Resolution of Disputes— Key Provisions Every state must establish dispute resolution proceduresEvery state must establish dispute resolution procedures When a dispute over enrollment arises, the student must be admitted immediately to the school of choice while the dispute is being resolvedWhen a dispute over enrollment arises, the student must be admitted immediately to the school of choice while the dispute is being resolved Liaisons must ensure unaccompanied youth are enrolled immediately while the dispute is being resolvedLiaisons must ensure unaccompanied youth are enrolled immediately while the dispute is being resolved

26. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Resolution of Disputes— Key Provisions (cont.) Whenever a dispute arises, the parent or guardian must be provided with a written explanation of the school’s decision, including the right to appealWhenever a dispute arises, the parent or guardian must be provided with a written explanation of the school’s decision, including the right to appeal The school must refer the child, youth, parent, or guardian to the liaison to carry out the dispute resolution process as expeditiously as possibleThe school must refer the child, youth, parent, or guardian to the liaison to carry out the dispute resolution process as expeditiously as possible

27. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Homeless Unaccompanied Youth—Key Provisions Definition: youth who meets the definition of homeless and is not in the physical custody of a parent or guardianDefinition: youth who meets the definition of homeless and is not in the physical custody of a parent or guardian Liaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and inform the youth of his or her appeal rightsLiaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and inform the youth of his or her appeal rights School personnel must be made aware of the specific needs of runaway and homeless youth.School personnel must be made aware of the specific needs of runaway and homeless youth.

28. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Unaccompanied Youth— Strategies Revise LEA policies to accommodate unaccompanied youth and comply with the McKinney-Vento ActRevise LEA policies to accommodate unaccompanied youth and comply with the McKinney-Vento Act Train local liaisons and all school enrollment staff, secretaries, guidance counselors, principals, and teachers on the definition, rights, and needs of unaccompanied youthTrain local liaisons and all school enrollment staff, secretaries, guidance counselors, principals, and teachers on the definition, rights, and needs of unaccompanied youth Develop caretaker forms, self-enrollment forms for unaccompanied youth, and other forms to replace typical proof of guardianship; such forms should be crafted carefully so they do not create further barriers or delay enrollmentDevelop caretaker forms, self-enrollment forms for unaccompanied youth, and other forms to replace typical proof of guardianship; such forms should be crafted carefully so they do not create further barriers or delay enrollment

29. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Preschool-Aged Children Liaisons must ensure that families and children have access to Head Start, Even Start, and other public preschool programs administered by the LEALiaisons must ensure that families and children have access to Head Start, Even Start, and other public preschool programs administered by the LEA State plans must describe procedures that ensure that homeless children have access to public preschool programsState plans must describe procedures that ensure that homeless children have access to public preschool programs U.S. HHS issued a memo in 1992 describing how Head Start grantees should collaborate and adjust their programs to serve homeless children; this memo remains in effectU.S. HHS issued a memo in 1992 describing how Head Start grantees should collaborate and adjust their programs to serve homeless children; this memo remains in effect Pending changes to the Head Start ActPending changes to the Head Start Act

30. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Preschool—Strategies Keep slots open for homeless students Include homelessness in selection criteria Provide awareness training for preschool providers Collaborate with preschools not operated by the LEA or SEA (including Head Start) Ask parents about preschool-aged children when they enroll their school-aged children in school Coordinate with IDEA Child Find

31. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Access to Services Students who experience homelessness must have access to educational services for which they are eligible, including special education, programs for English learners, gifted and talented programs, voc./tech. programs, and school nutrition programsStudents who experience homelessness must have access to educational services for which they are eligible, including special education, programs for English learners, gifted and talented programs, voc./tech. programs, and school nutrition programs Undocumented children and youth have the same right to attend public school as U.S. citizens and are covered by the McKinney-Vento Act to the same extent as other children and youth (Plyler v. Doe)Undocumented children and youth have the same right to attend public school as U.S. citizens and are covered by the McKinney-Vento Act to the same extent as other children and youth (Plyler v. Doe)

32. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Access to Services (cont.) USDA policy permits liaisons and shelter directors to obtain free school meals for students by providing a list of names of students experiencing homelessness with effective datesUSDA policy permits liaisons and shelter directors to obtain free school meals for students by providing a list of names of students experiencing homelessness with effective dates The 2004 reauthorization of IDEA includes amendments that reinforce timely assessment, inclusion, and continuity of services for homeless children and youth who have disabilitiesThe 2004 reauthorization of IDEA includes amendments that reinforce timely assessment, inclusion, and continuity of services for homeless children and youth who have disabilities

33. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Segregation States are prohibited from segregating homeless students in separate schools, separate programs within schools, or separate settings within schoolsStates are prohibited from segregating homeless students in separate schools, separate programs within schools, or separate settings within schools SEAs and LEAs must adopt policies and practices to ensure that homeless children and youth are not segregated or stigmatized on the basis of their status as homelessSEAs and LEAs must adopt policies and practices to ensure that homeless children and youth are not segregated or stigmatized on the basis of their status as homeless Services provided with McKinney-Vento funds must not replace the regular academic program and must be designed to expand upon or improve services provided as part of the school’s regular academic programServices provided with McKinney-Vento funds must not replace the regular academic program and must be designed to expand upon or improve services provided as part of the school’s regular academic program

34. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Title I and Homelessness— Key Provisions A child or youth who is homeless and is attending any school in the district is automatically eligible for Title IA servicesA child or youth who is homeless and is attending any school in the district is automatically eligible for Title IA services LEAs must reserve (or set aside) funds as are necessary to provide services comparable to those provided to children in Title IA schools to serve homeless children who do not attend participating schools, including providing educational support services to children in shelters and other locations where homeless children may liveLEAs must reserve (or set aside) funds as are necessary to provide services comparable to those provided to children in Title IA schools to serve homeless children who do not attend participating schools, including providing educational support services to children in shelters and other locations where homeless children may live

35. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Strategies for Determining the Title I Set-Aside Amount Review needs and costs involved in serving homeless students in the current year and project for the following yearReview needs and costs involved in serving homeless students in the current year and project for the following year Multiply the number of homeless students by the Title IA per pupil allocationMultiply the number of homeless students by the Title IA per pupil allocation For districts with subgrants, reserve an amount greater than or equal to the McKinney-Vento subgrant funding requestFor districts with subgrants, reserve an amount greater than or equal to the McKinney-Vento subgrant funding request Reserve a percentage based on the district’s poverty level or total Title IA allocationReserve a percentage based on the district’s poverty level or total Title IA allocation

36. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Title I—Services for Homeless Students Services for homeless students in both Title I and non-Title I schools comparable to those provided to non-homeless students in Title I schoolsServices for homeless students in both Title I and non-Title I schools comparable to those provided to non-homeless students in Title I schools Services that are not ordinarily provided to other Title I students and that are not available from other sourcesServices that are not ordinarily provided to other Title I students and that are not available from other sources

37. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Resources National Association for the Education of Homeless Children and Youth - http://www.naehcy.org National Center on Homeless Education - http://www.serve.org/nche National Law Center on Homelessness & Poverty - http://www.nlchp.org National Network for Youth- http://www.nn4youth.org Horizons for Homeless Children - http://www.horizonsforhomelesshttp://www.horizonsforhomelesschildren.org

38. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Save the Date NAEHCY 20th Annual Conference Washington DC October 31-November 3, 2008 www.naehcy.org

39. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org Contact Information Barbara Duffield, Policy Director, NAEHCY 4701 Connecticut Avenue, NW, #402 Washington DC 20008 Phone: 202.364.7392 Fax: 202.318.7523 Bduffield@naehcy.org Joy Moses, Education Attorney, NLCHP 1411 K Street, NW, Suite 1400 Washington, DC 20005 Phone: 202.638.2535, ext. 211 Fax: 202.628.2737 Email: jmoses@nlchp.org