1. McKinney-Vento 101: Law and Implementation Barbara Duffield, Policy Director National Association for the Education of Homeless Children and Youth Eric Tars, Human Rights Staff Attorney National Law Center on Homelessness & Poverty

2. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org2 How many children and youth experience homelessness? 1.35 million children nationwide 10% of all children living in poverty 1.6-1.7 million youth run away each year Over 40% of all children who are homeless are under the age of 5 679,724 enrolled in public schools in the 2006-07 school year (includes preschool children)

3. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org3 Causes of Homelessness Lack of affordable housing Poverty Health problems Domestic violence Natural and other disasters Abuse/neglect/abandonment (unaccompanied youth)

4. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org4 Barriers to Education for Homeless Children and Youth Enrollment requirements (school records, health records, proof of residence and guardianship) High mobility resulting in lack of school stability and educational continuity Lack of transportation Lack of school supplies, clothing, etc. Poor health, fatigue, hunger, anxiety/trauma Invisibility (lack of awareness) Prejudice and misunderstanding For unaccompanied youth: lack of adult/guardian; need for employment; credit accrual policies; concerns of capture by authorities

5. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org5 McKinney-Vento Homeless Assistance Act Reauthorized 2002 by NCLB Main themes: School stability School access Support for academic success Child-centered, best interest decision making

6. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org6 Eligibility—Who is Covered? Children who lack a fixed, regular, and adequate nighttime residence— Sharing the housing of others due to loss of housing, economic hardship, or similar reason [61% of identified students in 2006-2007 school year] Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations [Motels: 7% of identified students in 2006-2007 school year] Living in emergency or transitional shelters [24% of identified students in 2006-2007 school year]

7. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org7 Awaiting foster care placement (not defined in law; state and local interpretations vary) 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 similar settings Migratory children living in above circumstances Eligibility— Who is Covered? (cont.)

8. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org8 Eligibility Case-by-case determinationCase-by-case determination Get as much information as possible (without intimidating the parent or youth)Get as much information as possible (without intimidating the parent or youth) Look at the MV definition (specific examples in the definition first, then overall definition)Look at the MV definition (specific examples in the definition first, then overall definition) NCHE’s Determining Eligibility brief is available at http://www.serve.org/nche/downloads/briefs/det_elig.pdf Determining Eligibility

9. McKinney-Vento Personnel Every State Education Agency has an Office of State Coordinator for the Education of Homeless Children and YouthEvery State Education Agency has an Office of State Coordinator for the Education of Homeless Children and Youth Collaboration responsibilities across agencies and with communitiesCollaboration responsibilities across agencies and with communities Technical assistance to LEAsTechnical assistance to LEAs ComplianceCompliance Professional developmentProfessional development Data collection and reportingData collection and reporting

10. McKinney-Vento Personnel Every Local Education Agency (school district) must designate a liaison for students in homeless situationsEvery Local Education Agency (school district) must designate a liaison for students in homeless situations Responsibilities:Responsibilities: Ensure that children and youth in homeless situations are identified through school and communityEnsure that children and youth in homeless situations are identified through school and community 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 Make referrals for health, mental health, and other services, and ensure that homeless children receive Head Start and preschool programs administered by school districtsMake referrals for health, mental health, and other services, and ensure that homeless children receive Head Start and preschool programs administered by school districts

11. 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 Collaborate and coordinate with community and school personnelCollaborate and coordinate with community and school personnel

12. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org12 Identification Strategies Provide awareness activities for school staff (registrars, secretaries, counselors, nurses, teachers, tutors, drop out prevention specialists, administrators, etc.). Coordinate with community service agencies, such as shelters, soup kitchens, public assistance 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, campgrounds, libraries, youth centers.

13. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org13 Make special efforts to identify preschool children, including asking about the siblings of school-aged children. Develop relationships with truancy officials and/or other attendance officers. Use enrollment and withdrawal forms to inquire about living situations. Enlist youth to spread the word. Avoid 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.org14 School Stability— Key Provisions Students can stay in their school of origin for the duration of homeless and until the end of the school year when they find permanent housing, as long as that is in their best interest. School 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’ wishes. Can always also choose the local school (any school others living in the same area are eligible to attend).

15. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org15 Feasibility— USDE Sample Criteria A child-centered, individualized determination Continuity of instruction Age of the child or youth Safety of the child or youth Likely length of stay in temporary housing Likely area where family will find permanent housing Student’s need for special instructional programs Impact of commute on education School placement of siblings Time remaining in the school year NCHE Brief - Guiding the Discussion on School Selection: http://www.serve.org/nche/downloads/briefs/sch_sel_checklist.pdf

16. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org16 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 students. Demonstration project in WA showed that school stability for homeless students increases assessment scores and grades. 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 rates.

17. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org17 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 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 factors. It takes children an average of 4-6 months to recover academically after changing schools. Research on School Mobility (cont.)

18. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org18 Transportation—Key Provisions LEAs must provide transportation to and from their school of origin, at a parent’s or guardian’s request (or at the liaison’s request for unaccompanied youth). If crossing LEA lines, they must determine how to divide the responsibility and share the cost, or they must share the cost equally.

19. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org19 Transportation—Key Provisions LEAs also must provide students in homeless situations with transportation services comparable to those provided to other students. LEAs must eliminate barriers to the school enrollment and retention of students experiencing homelessness (including transportation barriers).

20. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org20 Transportation Strategies Develop close ties among local liaisons, school staff, pupil transportation staff, and shelter workers. Use school buses (including special education, magnet school and other buses). Develop formal or informal agreements with school districts where homeless children cross district lines. Use public transit where feasible. Use approved carpools, van or taxi services. Reimburse parents and youth for gas.

21. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org21 Enrollment—Key Provisions If remaining in the school of origin is not feasible, children and youth in homeless situations are entitled to immediate enrollment 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 activities.

22. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org22 Enrollment— Key Provisions (cont.) Enrollment must be immediate, even if students do not have required documents, such as school records, health records, proof of residency or guardianship, 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 interim.

23. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org23 Enrollment— Key Provisions (cont.) Enrolling 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 quickly. SEAs and LEAs must develop, review, and revise policies to remove barriers to the enrollment and retention of children and youth in homeless situations.

24. Immediate Enrollment— Strategies Request all records from the previous school immediately, including immunization records. Parental signature is not required for transfer students (FERPA). The vast majority of students have been enrolled in school before and have received immunizations. Speak with parents and youth about the classes the student was in, previous coursework, and special needs. Call the counselor, teachers or principal at the previous school for information. Use the NCHE brief “Prompt and Proper Placement.” (http://www.serve.org/nche/downloads/briefs/assessment.pdf) NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org24

25. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org25 Resolution of Disputes— Key Provisions Every 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 resolved. 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 possible.

26. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org26 Unaccompanied Youth-- Who Are They? Definition: child or youth who meets the definition of homeless and is not in the physical custody of a parent or guardian. Studies have found that 20 to 50 percent of unaccompanied youth were sexually abused in their homes, while 40 to 60 percent were physically abused. Over two-thirds of callers to Runaway Hotline report that at least one of their parents abuses drugs or alcohol.

27. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org27 Unaccompanied Youth-- Who Are They? (cont.) 20-40% of homeless youth identify as gay, lesbian, bisexual, or transgender (compared to 3-5% of the overall population). At the end of 2005, over 11,000 children fled a foster care placement and were never found; 25- 40% of youth who emancipate from foster care will end up homeless.

28. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org28 Unaccompanied Youth— Key Provisions 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 rights School personnel must be made aware of the specific needs of runaway and homeless youth.

29. Unaccompanied Youth and Higher Education As of 2009-2010 FAFSA, unaccompanied youth applying for federal financial aid are considered “independent students” and do not need parental signature/income information A liaison, shelter director or financial aid administrator must verify their status. Youth who are homeless, unaccompanied youth OR self-supporting and at-risk of homelessness also can qualify. TRIO, GEAR-UP programs must make services available to homeless youth NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org29

30. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org30 Unaccompanied Youth— Strategies Develop clear policies for enrolling unaccompanied youth immediately, whether youth enroll themselves, liaisons do enrollment, caretakers enroll youth in their care, or another procedure is in place. Train local liaisons and all school enrollment staff, secretaries, counselors, principals, security staff, attendance officers, and teachers on the definition, rights, and needs of unaccompanied youth. Coordinate with youth-serving agencies, such as shelters, soup kitchens, drop-in centers, street outreach, child welfare, juvenile courts, law enforcement, legal aid, teen parent programs, public assistance, gay/lesbian/bisexual/transgender youth organizations, mental health agencies.

31. Young Children and Homelessness Compared to the non-homeless children served by Head Start, children experiencing homelessness were reported to Have greater developmental delays, To be more likely to have learning disabilities and developmental delays, and To exhibit a higher frequency of socio-emotional problems. Only 15% of homeless preschool children are enrolled in preschool programs

32. 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 Homeless children are categorically eligible for Head Start programsHomeless children are categorically eligible for Head Start programs Head Start programs are required to identify and prioritize homeless children for enrollment; allow homeless children to enroll while required paperwork is obtained; and coordinate with LEA liaisonsHead Start programs are required to identify and prioritize homeless children for enrollment; allow homeless children to enroll while required paperwork is obtained; and coordinate with LEA liaisons OHS Information:OHS Information: http://eclkc.ohs.acf.hhs.gov

33. Strategies for Accessing Public Preschool Identify the existing public school programs within your district, i.e. classrooms for 3, 4 and 5 year olds, Special education programs, other federally funded projects and community/district collaborations Advocate for slots for homeless children within existing public school programs Connect with public school key early childhood and elementary staff to build relationships, share data, create awareness and understanding of the impact of homelessness on young children for future partnerships

34. Strategies for Accessing Public Preschool Include homelessness in the list of criteria for priority enrollment, classify homelessness as an “at risk” factor, and/or include homelessness specifically as a criterion for "most in need.” Set up meetings with community service agencies to begin to develop a relationship on issues such as available preschool programs in the community, recruiting families experiencing homelessness into preschool programs, the enrollment process, transportation, and other services.

35. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org35 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 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).

36. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org36 Access to Services (cont.) Homeless students are automatically eligible for free school meals. USDA policy permits liaisons and shelter directors to obtain free school meals for students immediately 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 disabilities.

37. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org37 Title I and Homelessness— Key Provisions A child or youth who is homeless is automatically eligible for Title I, Part A services, regardless of whether his or her school is a Title IA school. LEAs must reserve (or set aside) the funds necessary to serve homeless children who do not attend Title I, Part A schools. Services must be “comparable” to those provided to children in Title I, Part A schools, but can be different from services ordinarily provided with Title I, Part A funds.

38. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org38 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 year Multiply the number of homeless students by the Title I, Part A per pupil allocation For 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 I, Part A allocation

39. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org39 Why It Matters “I have lived in many homes and shelters. Just in this past year, I have lived in twelve different homes. I have lived with classmates, teachers, friends, and strangers. Anybody who would accept me was better than the street. I knew that education and God were the only ways to get out of this cycle. I stayed in school and made good grades because I knew with an education I could go far. I have always dreamed of being free. I want the freedom to know where I am going to sleep, the freedom to know where my belongings are, and the freedom to know that I won’t be asked to leave in the morning or at the end of the week” Naomi Caren Fairbanks - 2007 LeTendre Scholarship Recipient, 2008 College Student

40. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org40 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

41. NCHE www.serve.org/nche NAEHCY www.naehcy.org NLCHP www.nlchp.org41 Contact Information Barbara Duffield, Policy Director National Association for the Education of Homeless Children and Youth Website: www.naehcy.org Phone: 202.364.7392 bduffield@naehcy.org Eric Tars, Human Rights Staff Attorney National Law Center on Homelessness & Poverty Website: www.nlchp.orgwww.nlchp.org Phone: 202.638.2535, ext. 211 etars@nlchp.org