1. 1 Protecting Homeless Students’ Rights to Participate in Interscholastic and Extracurricular Activities 21st Annual NAEHCY Conference, 2009 Dona Bolt, Oregon McKinney-Vento State Coordinator Patricia Julianelle, NAEHCY Legal Counsel With assistance from Edie Sims, Spokane, WA MV liaison

2. 2 Order in the Court Are counsel for the parties ready? Please respect the judge.

3. 3 Plaintiff’s Arguments The McKinney-Vento Act applies to high school athletic/activity associations. MV requires immediate enrollment. MV defines “enroll” as attending classes and participating fully in school activities- MV requires removal of barriers to school enrollment and retention. The MV liaison must identify homeless children and youth; he/she determines who meets the definition.

4. 4 Plaintiff’s Arguments (cont.) Sports and other extracurricular activities are important for homeless students.  Staying in school, graduation  Academic success  College acceptance and scholarships  Surrogate family for youth  Teach teamwork, self-esteem, leadership, responsibility

5. 5 Here’s what happened in Oregon… C was 19 years old, wanted to participate in chorus and track. Regulations said youth 19 and over cannot play. Exceptions allowed only for students with IEPs.

6. 6 Advocacy Tips Know the law. Believe in yourself. Seek support from LEA and SEA administrators. Gather and prepare witnesses. Compile complete and persuasive evidence. Use the media, or engage partners to do so.

7. 7 Practical Issues Who pays for the activities?  Schools waive fees  Use Title IA or MV funds  Donations  “Sponsor a Student”

8. 8 Practical Issues (cont.) What about paperwork requirements?  MV requires immediate enrollment without documents  Enroll in public health insurance  Getting birth certificates, health exams

9. 9 Practical Issues (cont.) What about parental consent for unaccompanied youth?  Whoever enrolled the student ( caretakers, liaison, youth, etc.)  Pursue consent of parent/guardian  Contact child protective services (CPS) for assistance

10. 10 Practical Issues (cont.) What if parent/guardian objects to participation?  Family mediation  CPS  McKinney-Vento

11. 11 Practical Issues (cont.) What about liability?  Exercise reasonable care.  Comply with MV.  Support youth and caregivers in making a health care plan.  Call 911 in medical emergencies.

12. 12 Resources Handouts  OR and WA decisions  Legal memo  BEAM article  DE athletics manual  Argument summary sheet NAEHCY  www.naehcy.org