Texas Homeless Education Office The University of Texas at Austin Charles A. Dana Center 2901 N IH 35, Room Austin, Texas 78722

Jointly sponsored by: The United States Department of Education The Texas Education Agency Region 10 Education Service Center The Charles A. Dana Center at the University of Texas at Austin

Part B: The McKinney-Vento Homeless Education Assistance Improvements Act of 2001

The Legal Framework  Federal statutes provide the foundation for the education of children and youth experiencing homelessness.  State statutes, passed in response to the federal laws, provide an additional framework in Texas for the education of children and youth experiencing homelessness.

The Federal Law A quick overview of the basic provisions in the McKinney-Vento Homeless Education Assistance Improvements Act of 2001:

Students experiencing homelessness have an opportunity to meet challenging State academic achievement standards  Closing the Achievement Gap  Focus on What Works  Increasing Accountability for Student Performance “The first and primary use of local data is to improve programs.” Joseph Johnson, Jr., former Compensatory Education Program Director Equity Through High Standards and Accountability

McKinney-Vento Homeless Education Act of 2001  Requires schools to immediately enroll children and youth experiencing homelessness  Requires a liaison in every school district  Requires public notice of educational rights of children and youth experiencing homelessness disseminated in every school district Students’ Access to School

McKinney-Vento Homeless Education Act of 2001  Requires schools to keep children in the school of origin, except where contrary to the wishes of the parent or guardian  Child or youth’s right to attend their school of origin extends to entire duration of homelessness  Requires removal of barriers that contribute to exclusion or enrollment delay Educational Stability and Continuity

McKinney-Vento Homeless Education Act of 2001 Parental Options and Involvement  Requires parents to be fully informed of the enrollment options and educational opportunities available  Requires schools to provide written explanations to parents regarding disputes over school selection and enrollment and referral to liaisons for dispute resolution  Requires parents to be provided with meaningful opportunities to participate in the education of their children

Educational Rights of Unaccompanied Youth Requires youth to be fully informed of their enrollment options and available educational opportunities  no separate schools based on homelessness  comparable services (transportation, nutrition, educational programs and services) McKinney-Vento Homeless Education Act of 2001

Integration of Children and Youth Experiencing Homelessness  Prohibits segregation of students into separate schools or separate classrooms within schools  Requires posting public notice of educational rights in every school

The basic provisions of the McKinney-Vento Act provide the framework for the duties assigned to the Local Educational Agency Homeless Liaison. Remember... McKinney-Vento Homeless Education Act of 2001

Establish a Homeless Liaison  A homeless liaison is a point person for homeless and highly mobile families at your school or district.  A homeless liaison is knowledgeable about all the laws and local rules that are relevant to homeless and highly mobile families… and the local shelter policies and procedures.

 Ensure identification of students through coordination with school personnel and other agencies  Ensure enrollment with full and equal opportunity to succeed in school (e.g., Head Start, Even Start preschool, health care, dental, mental health, etc.)  Ensure parent/guardian or youth is informed of educational rights Role of LEA LIAISON McKinney-Vento Homeless Education Act of 2001

Role of LEA Liaison  Assist unaccompanied youth with placement, enrollment, and knowing their rights  Disseminate public notices of educational rights  Inform and assist with accessing transportation  Mediate enrollment disputes  Coordinate and collaborate McKinney-Vento Homeless Education Act of 2001

School administrators (superintendents and principals), as the agents of school districts, must insure that the McKinney-Vento Act provisions are implemented. McKinney-Vento Homeless Education Act of 2001

Service providers (shelter intake staff, children’s activity coordinators, counselors, community agencies) are also a critical component to the success of the McKinney-Vento Act and the dissemination of information to those who benefit from its provisions. McKinney-Vento Homeless Education Act of 2001

The Federal Law The McKinney Act is the primary federal legislation that addresses homelessness in the United States.  The McKinney Act was originally passed in  The McKinney Act provides the statutory definition of homelessness.

The Education Subtitle of the McKinney Act Although the McKinney Act was an omnibus bill that addressed many different kinds of assistance, one of the most important sections was the part that dealt with education, Subtitle B of Title VII.

Subtitle VII-B was important because it required...  that all homeless youth have access to a free and appropriate public education;  that every state review and revise all laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children; and  that homeless children and youth have access to the education and services they need to ensure them an opportunity to meet the same challenging state standards to which all students are held.

The Federal Law The education portion of the McKinney Act (Subtitle VII-B) has been amended by the McKinney-Vento Homeless Education Assistance Improvements Act of

Title X Part C No Child Left Behind Act “Our children need adults who focus on results.” Secretary Rod Paige The Federal Law... also known as

Definitions of Homeless Children and Youth  Lack fixed, regular, and adequate nighttime residence  Share housing (due to loss or hardship)  Live in hotels, motels, campgrounds, emergency or transitional shelters; were abandoned in hospitals; or are awaiting foster care

Definitions of Homeless Children and Youth  Primary nighttime residence not designed for ordinary use as a regular sleeping accommodation  Live in cars, parks, public spaces, abandoned buildings, substandard housing, or bus or train stations

Definitions of Homeless Children and Youth  Unaccompanied youth (youth not in the physical custody of a parent or guardian)  Migratory children who qualify as homeless because of their living situation

McKinney-Vento Homeless Education Act of 2001 Other Definitions:  Enroll and Enrollment – include right to attend classes and participate fully in school activities  School of Origin – school that child or youth attended when permanently housed or last enrolled  Comparable Services – services offered to other students in the school selected

The State Law The Texas Education Code has two important provisions which directly affect homeless students:  § Compulsory School Attendance. Requires that all children attend school from the age of 6 until they turn 18.

The State Law  § Admission(b)(5) (b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought if: (5) the person is homeless, as defined by 42 U.S.C. Section 11302, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person…

Students Living Separate and Apart from Parents and Legal Guardians can attend school as long as: Texas State Education Code (TEC) Enrollment Provisions  the student’s presence in the district is not primarily for participation in extracurricular activities;  the student has not been expelled or removed to an alternative education program in the previous year;

Texas State Education Code (TEC) Enrollment Provisions  the child or youth is not on probation or in need of supervision because of delinquent conduct; or  the child or youth has not been convicted of a criminal offense and is not on probation or other conditional release. Students Living Separate and Apart from Parents and Legal Guardians can attend school as long as:

Texas Education Code §25.001(d) (d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extra-curricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students.

Texas Education Code §25.001(d) The board of trustees is not required to admit a person under this subsection if the person: (1) has engaged in conduct or misbehavior within the preceding year that has resulted in: (A)removal to an alternative education program; or (B)expulsion; (2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or (3) has been convicted of a criminal offense and is on probation or other conditional release.

Texas Education Code (TEC) School Selection Provisions Texas state provisions guarantee students the rights and access to public education stipulated in the McKinney-Vento law. However, Texas law also stipulates that children experiencing homelessness may choose the school district they wish to attend.

Texas Education Code §25.001(b)(4) (b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 22 years of age on the first day of September of the school year in which admission is sought if: (4) the person is homeless, as defined by 42 U.S.C. Section 11302, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person....

Transportation Provisions LEAs must adopt policies and practices to ensure transportation is provided, at request of parent of guardian (or liaison on behalf of unaccompanied youth), to and from the school of origin McKinney-Vento Homeless Education Act of 2001

Enrollment Disputes  Admit child or youth immediately pending resolution of dispute  School must provide parent/ guardian or youth with written explanation of decision including statement of rights  Referral to liaison for dispute resolution  Liaison ensures unaccompanied youth is immediately enrolled McKinney-Vento Homeless Education Act of 2001

Coordination with Title I  Title I requires that districts provide services for children and youth who live in homeless situations  Children and youth experiencing homelessness are automatically eligible to receive Title I services by virtue of their homelessness

Title I Requirements  SEAs have to submit a Title I Part A plan coordinated with the McKinney-Vento Act – Sec  LEAs have to submit to SEAs a Title I Part A plan that is coordinated with McKinney- Vento and describes services and set- asides – Sec. 1112

Title I Requirements Reservation of Title I Funds – a local education agency needs to reserve funds to provide comparable services for eligible 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. - Sec. 1113

Free and Reduced Price Lunch USDA memo and theTEA Child Nutrition Programs Guidance  Documentation of free meal eligibility for homeless children  Homeless children residing with another household

Special Education Provisions TEA Commissioner Rules on temporary placement  Use of existing ARD and IEP records  Transfer of records from previous campus  Assignment of a surrogate parent

Additional Organizations  National Coalition for the Homeless  National Law Center for Homelessness and Poverty  National Association of the Education of Homeless Children and Youth  National Network for Youth

Additional Organizations  National Center for Homeless Education (NCHE)  United States Department of Education; McKinney-Vento Program

“We stand on the brink of comprehensive change in the culture of education.” Secretary Rod Paige McKinney-Vento Homeless Education Act of 2001

Texas Homeless Education Office The University of Texas at Austin Charles A. Dana Center 2901 N IH 35, Room Austin, Texas 78722

Review of LEA Requirements  Serve the ‘best interests’ of the student by: -Continuing child or youth in school of origin to the extent feasible or -Enrolling child or youth in a public school in the attendance area where the child or youth temporarily resides  Provide written explanation and right of appeal if LEA places child at site other than school of origin or parent- or youth- requested school McKinney-Vento Homeless Education Act of 2001

LEA Requirements Enroll homeless child or youth immediately even if no records are currently available  Schools must contact child’s or youth’s school last attended for academic and other records  Immediate referral to LEA liaison if immunization or medical records are unavailable from prior school(s)  Records must be kept, maintained, and available for future school enrollment McKinney-Vento Homeless Education Act of 2001

State Support to All School Districts  Requires Office of State Coordinator to provide technical assistance to LEAs to ensure statewide accountability, compliance, support  Large states must distribute at least 75% of allocation to LEAs  Increases the amount of McKinney-Vento funds for small states to$150,000 – must distribute at least 50% of allocation to LEAs

State Support to All School Districts  Develop strategies to address enrollment delays caused by immunization and medical records, residency, guardianship, other required records, uniform or dress code requirements  Continue to review and revise all policies for barriers  Provide procedures to identify homeless youth separated from public schools and to ensure equal access to secondary education and support services McKinney-Vento Homeless Education Act of 2001

Role of State Coordinator Gather, validate, and report data on children and youth experiencing homelessness  Access to public preschools, elementary, and secondary schools  Special needs of students  Progress made by state and LEAs in addressing problems and difficulties  Success in students’ enrolling, attending, and succeeding in school McKinney-Vento Homeless Education Act of 2001

Role of State Coordinator Service Coordination  LEA liaisons  SEA, social services, mental health, and other State agencies  Community organizations and groups  Service providers (e.g., shelters, domestic violence agencies, centers for runaway youth, transitional living programs, etc.)  Child development and preschool personnel McKinney-Vento Homeless Education Act of 2001

Role of State Coordinator Technical Assistance  Technical assistance to LEAs in coordination with LEA liaisons to ensure LEA compliance  Inform school personnel, service providers, advocates of the duties of the LEA Liaisons McKinney-Vento Homeless Education Act of 2001

Assurances  SEA and LEAs must adopt policies and practices to ensure no stigmatization or segregation based on homelessness  All LEAs need to designate an appropriate liaison (may be a coordinator of other federal programs)  Adopt policies and practices to ensure transportation is provided, at request of parent of guardian (or liaison on behalf of unaccompanied youth), to and from the school of origin McKinney-Vento Homeless Education Act of 2001

LEA Sub-Grant Applications: Need  Provide an assessment of educational needs  Description of services and programs  Assurance current fiscal effort not less than prior year  Assurance local plan complies with State plan requirements  Policies and procedures that do not isolate or stigmatize students McKinney-Vento Homeless Education Act of 2001

LEA Sub-Grant Applications: Quality  Needs assessment reflects stated needs  Types and intensity of coordination effort(s)  Involvement of parents, guardians, youth  Students integrated within regular classroom program  Evaluation plan  Coordination with other available services McKinney-Vento Homeless Education Act of 2001

LEA Sub-Grant: Use of Funds  Tutoring, supplemental instruction linked to challenging State content and achievement standards  Expedited evaluations (GATE, LEP, IDEA, etc)  Professional development to promote understanding, sensitivity, and the educational rights of students  Referral services (medical, mental health) McKinney-Vento Homeless Education Act of 2001

LEA Sub-Grant: Use of Funds  Excess costs of transportation  Early childhood education  School engagement activities  Before-school, after-school, and summer programs  Payment of fees and other costs related to records  Education and training for parents McKinney-Vento Homeless Education Act of 2001

LEA Sub-Grant: Use of Funds  Costs for coordinating school and agency services  Pupil services and referrals (violence prevention)  Services needed as arise from domestic violence  Supplies and adaptation of space for nonschool services  School supplies, including at temporary housing  Other emergency assistance McKinney-Vento Homeless Education Act of 2001

Changes that may be coming down the road in Texas  Increased PEIMS recording and accountability for students who are experiencing homelessness  A universal enrollment system across the state  Homeless Management Information System and Continuum of Care plan developments and collaboration  State program data collection and distribution of technical assistance and best practices materials  Increased Title I collaboration and accountability

Rethinking Homelessness Their Future Depends on it!

Gatekeepers of Their Future