1. Fiscal Issues Relating to: ESSA, Supplement Not Supplant, Uniform Grant Guidance, and Homeless Education
New Jersey Association of School Business Officials
Anthony Hearn, CPA
NJDOE, Office Of Supplemental Educational Programs

2. Fiscal Issues Relating to: Every Student Succeeds Act (ESSA)

3. Supplement Not Supplant
SEC (20 U.S.C. 6321) FISCAL REQUIREMENTS
(3) SPECIAL RULE.—No local educational agency shall be
required to—
(A) identify that an individual cost or service supported
under this part is supplemental; or
(B) provide services under this part through a particular
instructional method or in a particular instructional
setting in order to demonstrate such agency’s compliance
with paragraph (1).
******* HUH !!! Clear as Mud *******

4. Supplement Not Supplant
Proposed Regulations REPEALED UNDER TRUMP ADMINISTRATION Left to interpret the Every Student Succeeds Act

5. Supplement, Not Supplant
ESSA requires school districts to prove that funding, rather than specific programs or activities, are supplemental
SNS Compliance Prior to ESSA
SNS Compliance Under ESSA
Three conditions were applied to see if an LEA broke SNS rules:
If Title I funds used to provide services required under federal, state, or local law.
Title I funds used to provide services that were funded by non-federal funds in prior year(s).
Title I funds used for Title I eligible students to participate in a program that is supported by other funds for rest of population.
Law requires LEAs to demonstrate that the LEA methodology used to allocate state and local funds to each school in the district ensures each Title I school receives the funds it would otherwise be eligible to receive were it not a Title I school
Explicitly prohibits requiring districts to identify that an individual cost or service is supplemental
Title I, Part A – From NCLB to ESSA: What changed?
Responsible: Karen
What makes the use of Title IA funds so flexible in both targeted assistance programs and schoolwide programs is the ESSA requirements for using Title IA funds to supplement and not supplant state and local funds.
Previously, there were three (3) tests to identify supplanting:
The district used Title IA funds to provide a service/program required under federal, state or local law, such as handicapped accessible bathroom stalls.
The district used Title IA funds to support a program/service/salary that was supported with state/local funds in the previous school year. For instance, in the past the district used state/local funds for its districtwide summer school program; now the district is using Title IA funds for its districtwide summer school program.
The district used Title IA funds to provide services to participating Title I students, but used state/local funds to provide the same service to non-participating students. For instance, the district used Title IA funds for an extended day program in its Title I schools, but state/local funds for the same extended day program in its nonparticipating schools.
Essentially, school districts must be able to document that on an annual basis, Title IA funds are above and beyond the state/local funds used to support the district and its Title I schools.
Sec. 1118(b)

6. Supplement Not Supplant What Is the Test?
In a school receiving Title I, Part A funds, the State and local contribution to its budget (as a percentage) must be equal or greater to that of the prior year when compared to the percentage of the Title I funds.
The Department is currently working on a supplement not supplant guidance document.

7. Title I, Part A: Uses of Funds Expanded Under ESSA
College and Career Readiness: preparation for awareness of postsecondary education and workforce opportunities (CTE)
Advanced Placement, International Baccalaureate exams (preparation for, test fees)
Dual or concurrent enrollment, or early college high schools

8. Title I, Part A: Uses of Funds Expanded Under ESSA
Counseling
School-based mental health programs
Mentoring services
Strategies to improve students’ skills outside the academic subject areas
Schoolwide tiered model: to prevent and address problem behavior, early intervening services (IDEA coordination)

9. Title I, Part A: Uses of Funds What Has Not Changed!
Consistent with Uniform Grant Guidance 2 CFR Factors affecting allowability of costs “costs must meet the following general criteria in order to be allowable under the Title I federal award: …. Be necessary and reasonable for the performance of the Federal award and be allocable thereto under these principles.”

10. Title I, Part A: Uses of Funds What Has Not Changed!
Uniform Grant Guidance
Critical questions to meet ‘necessary and reasonable’ standard
How is expenditure necessary and reasonable to carry out the intent and purpose of the program?
What need, as identified in the comprehensive needs assessment, does the expenditure address?
How will the expenditure be evaluated to measure a positive impact on student achievement?

11. Allowable Costs: Necessary?
Professional development to address the needs of below grade level readers would improve the district’s basic educational program. This expenditure would be necessary and reasonable for improving the district’s basic educational program, so it would be an allowable expenditure of Title IA funds.
An expenditure of Title IA funds to purchase furniture for the main office would not improve the district’s basic educational program. This expenditure is not necessary and reasonable for improving the district’s basic educational program, so it would not be allowable.

12. Allowable Costs: Reasonable?
A district brings five staff to a professional development conference in Dublin, Ireland on how to teach low performing students. This expenditure would not be deemed reasonable since the same topics could have been addressed in a workshop in the United States.
A district purchases five laptops to give away at a parent involvement function. The laptops are $1,500 each. This would not be deemed reasonable due to the dollar amounts of the giveaways. The use of federal funds must be for educationally-related items that are at a nominal cost.

13. Allowable Costs: Allocable?
Consistent with the Uniform Grant Guidance (2 CFR § ) A cost is allocable to a particular Federal award or other cost objective if the goods or services involved are chargeable or assignable to that Federal award or cost objective in accordance with relative benefits received.

14. Allowable Costs: Allocable?
A district has seven elementary schools, four of which are allocated Title I funds. The district wants to use Title I funds to hire a reading coach for each of the seven elementary schools. The three nonparticipating schools have not been allocated Title I funds; therefore the salaries of the reading coaches at these schools may not be allocated to Title I. The four schools that are Title I this is allowable.
A school wants to purchase computer software with Title I funds. The school has 60 Title I students, but the software can accommodate up to 100 users at no additional cost. The school wants all students to use the software. The school has been allocated Title I funds; so the school can use Title I funds to purchase the software for the use of all students.

15. Supplement Not Supplant
Flexibility?
Looking Like Comparability
District Wide or Grade Span Basis
Full Time Equivalent
Single Attendance Area Excluded
Title I-like program excluded

16. Supplement Not Supplant
Consequences
Consequences of Not Meeting Supplanting
Reallocation/return of funding
Should happen in rare cases
Exceptions on case-by-case basis

17. Maintenance of Effort
Computed by NJDOE Grants Office District-level computations, not school-level

18. Fiscal Issues Relating to: Uniform Grant Guidance (UGG) & Procurement

19. Office of Management and Budget Uniform Guidance (UG), 2 CFR 200
Easy Link to guidance in readable format
Sweeping changes to put all grant recipients on the same guidance
Purchasing
Responsible Person
Limited Use of Sole Source
Internal Controls
Allowable Costs
Effective Date for New Jersey – Any grant starting July 1, 2015

20. *** All these went into Monitoring Sections for 2017-2018 ***
Risk Analysis
Feds want a risk analysis approach before grant is given. Factors for higher risk may include:
Change of Program Managers
History of Performance
Audit Reports
Ability to Implement
Late Reports in the Past
*** All these went into Monitoring Sections for ***

21. “No law or ordinance is mightier than understanding.”
Procurement
Just Remember:
“No law or ordinance is mightier than understanding.”
Plato

22. Procurement Uniform Guidance 2 CFR 200.415, Required Certifications
Accountability Officer (where do I sign) - EWEG
“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections and ).”

23. Procurement Uniform Guidance 2 CFR§200.320
Procurement by micro-purchases.
Acquisition of supplies or services, the aggregate dollar amount of which does not exceed $3,500. To the extent practicable, the non-Federal entity must distribute micro- purchases equitably among qualified suppliers.
May be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.

24. Procurement Uniform Guidance 2 CFR 200.320
Procurement by small purchase procedures.
Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold ($150,000).
Price or rate quotations must be obtained from an adequate number of qualified sources.

25. Procurement : Uniform Guidance 2 CFR 200.320
Micro Purchases
Small Purchases
Sealed Bids
Competitive Proposals
Sole Source
Up to $3,500
Up to $150,000
> $150,000
No Competition
No Quotes
Price or Rate Quote
Firm fixed price contract – Lowest price
Fixed price or cost reimbursement
Item only available from a single source
Equitable Distribution
Adequate Number of qualified sources
Bids are publicly solicited
RFP with evaluation methods; adequate number of sources
Public emergency does not permit delay
Only new method of procurement added by UG
No cost or price analysis
Confirm to material terms and conditions
Price is factor along with technical aspects
Authorized by agency or PTE
Relatively simple and informal
Preferred method for construction
Competition inadequate

26. Procurement Uniform Guidance 2 CFR§200.320
New Jersey Thresholds only important if more restrictive
18A:18A-3(a) and (c) Limits for bid and quote not important if Greater than Federal (always the more restrictive applies)
Bid Threshold with QPA - $40,000
Quote Threshold with QPA - $6,000
Bid Threshold without a QPA - $29,000
Quote Threshold without a QPA - $4,350
FEDERAL UNDER $3,500 Aggregate
State Limit for Bid is less than Federal of $150,000

27. Procurement Uniform Guidance 2 CFR 200.320(f), SOLE SOURCE
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
*** Watch Vendor Names in Grant Application***

28. Allowable Costs Covered in Subpart E: Cost Principles
of the Uniform Guidance
Protect allowable costs
Internal policies may need revision to better align with the UG and to protect allowable costs.

29. Allowable Costs Uniform Guidance 2 CFR 200.430
WAGES
§ Compensation—Personal services
Must account for Non-Charged Time (Issue was with charging over 100% to multiple grants)
If you use the prescribed model, you should be covered

30. Allowable Costs Uniform Guidance 2 CFR 200.439
Equipment
Property records must be maintained that include
a description of the property,
a serial number or other identification number,
the source of funding for the property (including the FAIN),
who holds title,
the acquisition date, and cost of the property,
percentage of Federal participation in the project costs for the Federal award under which the property was acquired,
the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

31. Equipment (Continued)
Allowable Costs
Equipment (Continued)
A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.

32. Allowable Costs Uniform Guidance 2 CFR 200.421
Advertising and public relations (§ )
Advertising is not allowable, except for:
Hiring of personnel for the grant
Procurement of goods and services for the grant
Disposal of scrap (per the grant program)
Program outreach (new)
Social media advertising for personnel (new)

33. Allowable Costs Uniform Guidance 2 CFR 200.438
Entertainment
§ Entertainment costs
Costs of entertainment, including amusement, diversion, and social activities and any associated costs are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the Federal award or with prior written approval of the Federal awarding agency

34. Allowable Costs Uniform Guidance 2 CFR 200.474
§ Travel costs
(2) The costs are reasonable and consistent with non-Federal entity's established travel policy.
(c)(1) Temporary dependent care costs (as dependent is defined in 26 USC 152) above and beyond regular dependent care that directly results from travel to conferences is allowable provided that:
(i) The costs are a direct result of the individual's travel for the Federal award;
(ii) The costs are consistent with the non-Federal entity's documented travel policy for all entity travel; and
(iii) Are only temporary during the travel period.

35. Comparability ESEA Section 1118
Any district, charter school or renaissance school must complete the report
Report in EWEG at bottom of screen where NCLB/ESEA/ESSA Application is located
Due the first Friday in December for the current year
(Dec 2015 is Report)
Must pass because it verifies a part of supplanting
Source:

36. Available Research & Where to Find It
OMB Uniform Guidance
EDGAR
ESEA

37. Fiscal Issues Relating to: Homeless Education

38. Federal Register on March 17, 2016
Federal Guidance
U.S. Department of Education Office of Elementary and Secondary Education (OESE)
Federal Register on March 17, 2016
In the notice, the Secretary of Education issues guidelines for states related to requirements under the McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (ESSA). These guidelines address ways in which a state may:
Assist local educational agencies (LEAs) to implement the provisions related to homeless children and youths amended by the ESSA, and
Review and revise policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youths in school. 38

39. Today’s Goals
Become familiar with the cornerstones of the McKinney-Vento Act:
Eligibility
Immediate Enrollment
School Selection
Transportation
Designated Role of District Liaison

40. The McKinney-Vento Act
Subtitle VII-B of the McKinney-Vento Homeless Assistance Act; amended by ESSA
Critical components of the McKinney-Vento Act:
School access
School stability
Support for academic success
Child-centered, best interest decision making
Assistance to unaccompanied youth
Coordination with Title I, Part A

41. Who Qualifies For Services?
Children or youth who lack a fixed, regular, and adequate nighttime residence, including:
Sharing the housing of others due to loss of housing, economic hardship, or similar reason (“doubling up”)
Living in motels, hotels, trailer parks, camping grounds due to the lack of adequate alternative accommodations
Living in emergency or transitional shelters
Abandoned in hospitals

42. Who Qualifies? (cont.)
Living in a public or private place not designed for humans to live
Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or a similar setting
Migratory children living in the above circumstances
Unaccompanied youth living in the above circumstances
(The aforementioned list of examples describes common homeless situations, but is not exhaustive).

43. Determining Eligibility: Fixed, Regular, and Adequate
Fixed: Stationary, permanent, and not subject to change
Regular: Used on a predictable, routine, or consistent basis (e.g., nightly); consider the relative permanence
Adequate: Sufficient for meeting both the physical and psychological needs typically met in home environments
Consider: Can the student go to the SAME PLACE (fixed), EVERY NIGHT (regular) to sleep in a SAFE AND SUFFICIENT SPACE (adequate)?

44. Determining Eligibility: “Doubled-up”
McKinney-Vento defines “doubled-up” as “sharing the housing of others due to loss of housing, economic hardship, or similar reason”
Considerations:
Why did the family move in together? Due to a crisis or by mutual choice as a plan for mutual benefit?
How permanent is the living arrangement intended to be?
Where would the family live if not doubling up?
Is the living arrangement fixed, regular, and adequate?
Based on:
Individual needs
• Documented need

45. Determining Eligibility: The Process
Step 1: Get the facts
Sample enrollment questionnaires can be found at
Step 2: Analyze the facts
Does the living situation fit into one of the specific examples of homelessness listed in the law?
Is the living arrangement another type of situation that is not fixed, regular, and adequate?
What do the facts tell me?

46. Determining Eligibility: The Process (cont.)
Step 3: Get Additional Input
Contact your regional McKinney-Vento Project Director Table listed in Resources at end of PowerPoint)
Contact your respective County Office of Education
Contact your State Coordinator:
Danielle Anderson Thomas at or or

47. Enrollment
States and districts must develop, review, and revise policies to remove barriers to the school enrollment and retention of homeless children and youth
McKinney-Vento defines enrollment as attending classes and participating fully in school activities
The McKinney-Vento Act supersedes state or local law or practice when there is a conflict [U.S. Constitution, Article VI]

48. Enrollment (cont.)
Homeless children and youth have the right to enroll in school immediately, even if lacking documentation normally required for enrollment
If a student does not have immunizations, or immunization or medical records, the local liaison must assist immediately in obtaining them, and the student must be enrolled in the interim

49. School Selection
Students experiencing homelessness have the option of attending three schools:
School of Origin (Presumed best Option)
The school attended when permanently housed; or
The school in which the student was last enrolled
Local Attendance Area School (District of Temporary Residence)
Any public school that students living in the same attendance area are eligible to attend
School of Last Attendance (if applicable)

50. School Selection (cont.)
For school selection, a “best interest” determination must occur; ideally, the parents/guardians and school dialogue and come to an agreement; if there is a disagreement, the dispute resolution process is used
Best interest: keep homeless students in their schools of origin, to the extent feasible, unless this is against the parent’s or guardian’s wishes

51. School Selection (cont.)
Students can continue attending their school of origin the entire time they are homeless, and until the end of any school year in which they move into permanent housing
If a student becomes homeless in between school years, he or she can continue attending the school of origin for the following school year

52. School of Origin and Feasibility
Feasibility factors listed in U.S. Department of Education Guidance:
The age of the child or youth
The distance of a commute and the impact it may have on the student's education
Personal safety issues
A student's need for special instruction (e.g., special education and related services)
The length of anticipated stay in a temporary shelter or other temporary location
The time remaining in the school year

53. How Is Feasibility Determined?
Reference NCHE’s Guiding the Discussion on School Selection brief at
The child’s best interest is at the forefront
Determining best interest is a case-by-case determination
When determining transportation feasibility and options, length of commute, age of child, safety and eligibility for “special” programs should be considered. the unique situation of the student and how the transportation will affect the student’s education

54. Transportation
Transportation must not be a barrier to school attendance for children and youth experiencing homelessness.
When living outside of the district, the student should be transported to the school of origin (when feasible and consistent with the wishes of the parent or guardian.
Transportation must be provided for the remainder of the school year that the student becomes permanently housed.

55. Transportation (cont.)
Districts must provide students in homeless situations with transportation services comparable to those provided to other students.
Districts should be creative, and consider other safe transportation options beyond “traditional” school bus transportation.

56. Local Liaisons
Local liaisons play a critical role in the implementation of the McKinney-Vento Act
Every school district must designate a local homeless education liaison.
Local liaison responsibilities include:
Identifying homeless children and youth
Ensuring that homeless students can enroll immediately and participate fully in school
Informing parents, guardians, or youth of educational rights

57. Local Liaisons (cont.)
Supporting unaccompanied youth in school selection and dispute resolution
Linking homeless students with educational and other services, including preschool and health services
Ensuring the public posting of educational rights through the school district and community; NCHE Educational Rights Posters are available at
Ensuring that disputes are resolved promptly
Collaborating with other district programs and community agencies

58. Dispute Resolution
Whenever a dispute arises, the parent, guardian, or youth must be provided with a written explanation of the school’s decision, including the right to appeal.
The school must refer the parent, guardian, or youth to the local liaison to carry out the dispute resolution process as expeditiously as possible, in accordance with the state plan.

59. Dispute Resolution (cont.)
While a dispute is being resolved, the student must be admitted immediately into the requested school and provided with services
Documentation should be kept for all local liaison interventions with parents, and not just formal dispute

60. Fiscal Issues
6A: Responsibilities of the school district of residence
Pay the cost of tuition pursuant to N.J.S.A. 18A:38-19, when the child attends school in another school district; and
Provide for transportation for the child pursuant to N.J.A.C. 6A:27-6.2

61. Fiscal Issues
Financial responsibility will remain with the homeless child’s school district of residence until the family is deemed domiciled in another jurisdiction, pursuant to N.J.S.A. 18A:38-1.d.
Any person whose parent or guardian, even though not domiciled within the district, is residing temporarily therein, but any person who has had or shall have his all year-round dwelling place within the district for one year or longer shall be deemed to be domiciled within the district for the purposes of this section.

62. Out of State Students – State Responsibility
Fiscal Issues
Out of State Students – State Responsibility
Districts enrolling and serving homeless students from out of state or for whom a district of residence cannot be determined are eligible for reimbursement of costs incurred from the State Department of Education.
Districts may apply for these funds when the student's status ends through the movement out of district or the establishment of a permanent residence; or at the end of each school year.

63. Who is Fiscally Responsible and for what under 6A:17-2.4
Case Data
Tuition Responsibility
Duration
Displaced and Residing in District of Residence (up to 12 months)
District of Residence
Up to 12 months (no change in responsibility)
Displaced and Residing in Temporary Residence (up to 12 months)
Up to 12 months or until permanent residence is established
Displaced and Residing in District of Residence (beyond 12 months)
Indefinitely (no change in responsibility)
Displaced and Residing in Temporary Residence (beyond 12 months)
District of Temporary Residence (if deemed domiciled by virtue of being in the temporary district for a period of 12 months or longer)
Indefinitely, or until such time a permanent residence is established

64. Who is Fiscally Responsible and for what under 6A:17-2.4
Case Data
Transportation Responsibility
Duration
Displaced and Residing in District of Residence (up to 12 months)
District of Residence
Up to 12 months (no change in responsibility)
Displaced and Residing in Temporary Residence (up to 12 months)
Up to 12 months or until permanent residence is established
Displaced and Residing in District of Residence (beyond 12 months)
Indefinitely (no change in responsibility)
Displaced and Residing in Temporary Residence (beyond 12 months)
District of Temporary Residence
Indefinitely, or until such time a permanent residence is established

65. Who is Fiscally Responsible and for what under 6A:17-2.4
Chronic Moves (2+)
Tuition/Trans Responsibility
Duration
Moved from District B to District C
(up to 12 months)
District of Residence
Up to 12 months or until such time a permanent residence is established
(District B beyond 12 months)
District of B
Indefinitely or until such time a permanent residence or domicile in District C is established.
Additional Moves
(Same pattern as Illustrated in rows to right)
District C if domicile is established
Indefinitely or until such time a permanent residence or domicile in District D is established.

66. Important Case Rulings
Commissioner Decision #555-10
Egg Harbor vs. NJDOE/Mainland Region
2005-Oct 2006: Family Resided in Somers Point (Apartment Complex-Permanent Residence) that feeds to Mainland Regional
Mainland Regional responsible for (receiving school as is now in the new federal law)
: Family lived in motels
: Egg Harbor Twp held responsible since the motels were in Egg Harbor ( school year deemed domiciled in Egg Harbor since there more than one year)

67. Important Case Rulings
Commissioner Decision #325-14
M.O’K vs. Cresskill/Little Ferry
Lived in Cresskill for 27 years. In 2011 lost home to foreclosure
Moved in with Grandparents in Little Ferry in basement
Stayed in School in Cresskill
OAL said homelessness ended. Commissioner overruled and said homeless, but domiciled in Little Ferry and therefore, Little Ferry responsible for tuition to Cresskill for

68. The Title I, Part A Set-Aside
Title I, Part A requires districts to set aside funds to serve homeless students.
No federally mandated amount/method of calculation;
New Jersey mandates minimum $250 per pupil set aside for students attending non-Title I schools
If students attend Title I schools, there is no reserve

69. The Title I, Part A Set-Aside
Homeless students are automatically eligible for Title I services, even if they don’t attend a Title I school or meet the academic standards required of other students for eligibility.
Homeless students are eligible to receive Title I, Part A support for the rest of any academic year in which they become permanently housed.

70. Using Title I, Part A Set-Aside Funds
Set-aside funds can be used to provide:
Services to homeless students attending Title IA or non-Title IA schools that are comparable to those provided to non-homeless students in Title I schools; and
Services to homeless students that are not ordinarily provided to other Title I students and that are not available from other sources, according to the need of the homeless student (e.g., comparable may not mean identical).
Title I funds should be used to support the student in meeting the state’s academic standards.

71. Permissible Uses Used only when not available from other sources
Partial list:
Clothing/shoes (school uniform/dress code/gym uniform)
Fees to participate in the general education program
School supplies
Birth certificates necessary to enroll in school
Medical/dental services (glasses, hearing aids, immunizations)
Counseling for issues affecting learning
Outreach services to students living in shelters, motels, and other temporary residences
Extended learning time or tutoring support
Supporting parent involvement
Supporting the position of the local liaison
Full guidance: (see question G-11) www2.ed.gov/policy/gen/leg/recovery/guidance/titlei-reform.pdf

72. Prohibited Uses of Funds
Transportation to/from the school of origin for the regular school day unless excess cost
Rent
Utilities
Clothing for parents

73. Access to Services
Homeless students are automatically eligible to receive free school meals; the USDA permits local liaisons and shelter directors to qualify homeless students for free meals by providing a list of names with effective dates.
IDEA includes special provisions for serving homeless children and youth with disabilities; visit for more information.
Undocumented students have the right to attend public school (Plyler v. Doe) and are covered by the McKinney-Vento Act to the same extent as other eligible students.

74. The School’s Charge
Schools first and foremost are educational agencies.
The school’s primary responsibility and goal is to enroll and educate, in accordance with the federal McKinney-Vento Act.
Whenever there is a conflict, federal law supersedes state and local law.
Schools do not need to understand and/or agree with all aspects of a student’s home life to educate him/her.

75. ESSA Changes to Homeless
School of origin now includes Pre-School
Does not Include Foster Care Children
Some Transportation Changes

76. ESSA Changes to Homeless
J-4. Is an LEA required to transport homeless students to and from the school of origin while enrollment disputes are being resolved?
Yes. The McKinney-Vento Act’s transportation requirements apply while disputes are being resolved. (Section 722(g)(3)(E)(i)). Therefore, at the request of the parent, guardian, or unaccompanied youth, the LEA must provide or arrange for adequate and appropriate transportation to and from the school selected by the parent, guardian, or unaccompanied youth. (Section 722(g)(3)(E)(i)). Inter-district transportation disputes should be resolved at the SEA level. (See section 722(g)(1)(C)).

77. ESSA Changes to Homeless
J-5. Must LEAs continue to provide transportation to and from the school of origin for formerly homeless students who have become permanently housed?
Yes. LEAs must continue to provide transportation to and from the school of origin to formerly homeless students who have become permanently housed for the remainder of the academic year during which the child or youth becomes permanently housed. (Section 722(g)(3)(A)(II)).

78. ESSA Changes to Homeless
J-6. If an LEA does not provide transportation to non-homeless students, is it required to transport homeless students?
Yes. As discussed above, the McKinney-Vento Act not only requires an LEA to provide comparable services, including transportation services, to homeless students (Section 722(g)(4)(A)), but it also requires an LEA, at the request of a parent or guardian, to provide or arrange for transportation to and from the school of origin (Section 722(g)(1)(J)(iii)).

79. ESSA Changes to Homeless
J-7. What Federal funds may an LEA use to defray the excess cost of school of origin transportation?
An LEA receiving McKinney-Vento subgrant funds may use these funds to defray the excess cost of school of origin transportation as outlined in the response to H-1 (No. 5). An LEA may also use Title I, Part A funds reserved to defray the excess costs of transporting homeless students to and from their school of origin. (ESEA section 1113(c)(3)(C)(ii)(II)).

80. ESSA Changes to Homeless
J-8. How should an LEA calculate the excess cost of transportation for a homeless child or youth to the school of origin? The excess cost is the difference between what an LEA normally spends to transport a student to school and the cost of transporting a homeless student to school. If the LEA provides transportation through a regular bus route, there is no excess cost. If the LEA provides special transportation only for the homeless student (e.g., through a private vehicle or transportation company), the entire cost can be considered excess. If the LEA must re-route busses to transport a homeless student enrolled in one of its schools, the additional cost of this rerouting can be considered excess cost.

81. ADDITIONAL RESOURCES
NJ DOE Homeless Education Website New Federal Guidance on Homeless Education NCHE website NCHE helpline: National Association for the Education of Homeless Children and Youth (NAEHCY) The National Law Center on Homelessness & Poverty