Educational Rights of Homeless Youth The McKinney Vento Act as amended by the Every Student Succeeds Act of 2015 Joy J. Turner, J.D. Oklahoma Disability Law Center, Inc.
The McKinney-Vento Education for Homeless Children and Youth Key Ideas Homeless children and youth frequently move, and maintaining a stable school environment is critical to their success in school. Students in homeless situations must have access to the educational and other services they need to ensure that they have an opportunity to meet the same challenging state student academic achievement standards to which all students are held. States and LEAs must review and undertake steps to revise such laws, regulations, practices, or policies that may act as barriers to the enrollment and retention of homeless children and youth in schools in the State. 1987 The Stewart B. McKinney Homeless Assistance Act is signed into law, requiring states to review and revise residency requirements for the enrollment of homeless children and youth. 1990 The McKinney Act is amended, requiring states to eliminate all enrollment barriers, and provide school access and support for academic success for students experiencing homelessness; McKinney funds may now be used to provide direct educational services for eligible students. 1994 The education portion of the McKinney Act is included in the Improving America s Schools Act (IASA), adding preschool services, greater parental input, and emphasis on interagency collaboration. 2002 The Act is reauthorized by Title X, Part C of the No Child Left Behind Act (NCLB), strengthening legislative requirements and requiring all school districts to appoint a local liaison to ensure the law is implemented effectively at the local level. http://center.serve.org/nche/downloads/ehcy_profile.pdf
2015 - Every Student Succeeds Act (ESSA) The McKinney Vento Act Homeless Assistance Act was reauthorized (and amended) by the ESSA signed by President Obama on December 10, 2015. These amendments, some which will go into effect July 1, 2016 and some which will go into effect on October1, 2016, further strengthen the rights of homeless children and youth. The ESSA provides a new opportunity for States to review these polices and procedures to address continued barriers to homeless student success, as well as to review and refined policies related to new or changed provisions in the law Federal Register, Vol 18, No. 52, p. 14433. Basic Educational Rights for Homeless Children and Youth
Gives children the right to: Remain in the same school even if they move Enroll in a new school even without records usually required such as proof of residency, immunizations, school records or other papers required of children who are not homeless Transportation Educational and other services they need A method to challenge decisions made by school districts Who is Covered
Homeless Children and Youth 42 U.S.C. 11434a(2) Means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 11302 (a)(1) of this title); and includes (i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals, and children awaiting foster care placement (until December, 2016) Homeless Children and Youth 42 U.S.C. 11434a(2) ~ Continued (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).
Unaccompanied Youth 42 U.S.C. 11434a(6) The term unaccompanied youth includes a youth not in the physical custody of a parent or guardian. Key Provisions
State Plans ~ 42 U.S.C. 11432(g) States must have a state plan which includes the following: 1. A description of procedures to ensure: That homeless children and youth separated from public school are identified and accorded equal access to appropriate secondary education and support services by removing barriers that: prevent homeless children from receiving appropriate credit for full or partial coursework completed while attending a prior school, assures that homeless children do not face barriers to accessing academic and extracurricular activities, including magnet schools, summery school, career and technical education, advanced placement, online learning and charter schools. State Plans ~ 42 U.S.C. 11432(g) States must have a state plan which includes the following: 2. A demonstration that SEAs and LEAs have developed policies to remove barriers to the identification, enrollment, and retention of homeless children and youth, including barriers due to outstanding fines, fees or absences. 3. An assurance that SEAs and LEAs will adoption policies and practices to ensure that LEA liaisons participate in professional development and other technical assistance offered by the State Office of the Coordinator for Education of Homeless Children and Youths. 4. A description of how homeless children and youth will receive assistance from counselors to advise such youths and prepare and improve them for college.
The state plan must include: State Coordinator at the State Educational Agency (SEA) ~ 42 U.S.C. 11432(d)(3) & (f) Every state is required by federal law to have a State Coordinator for Homeless Education who is responsible for ensuring the understanding of and compliance with the McKinney-Vento Homeless Assistance Act in public schools throughout the state. State Coordinators must: Conduct monitoring of LEAs, Post on SEA website, and annually update, a list of liaison s contact information and duties, and data on student homelessness; Respond to inquiries from parents and guardians of homeless children and youth, as well as to unaccompanied youth to ensure they receive the protections and services required by the Act; The state plan must include: State Coordinator at the State Educational Agency (SEA) ~ continued Develop and implement professional development programs for liaisons and other LEA personnel to improve their identification of McKinney-Vento children and youth and heighten their awareness of and capacity to respond to, specific needs in those children s and Youth s education; and Such training must include information on certain specified federal definitions of homelessness. You can find list of State Coordinators of Homeless Education at: http://center.serve.org/nche/states/state_resources.php#map
Oklahoma State Department of Education Coordinator: Ms. Stacy Henson, Homeless Coordinator 2500 N. Lincoln Blvd, Room 212 Oklahoma City, OK 73105 Phone: (405) 522-3260 Fax: (405) 521-2361 Email: stacy.henson@sde.ok.gov http://sde.ok.gov/sde/title-x-part-c The state plan must include: Local Liaisons ~ 42 U.S.C. 11432 (g)(1)(j)(ii), (g)(1)(f)(ii) & (g)(6) Every LEA must designate a local liaison able to carry out his/her legal duties, regardless of whether they received a McKinney-Vento sub-grant. Local liaisons must ensure that: Homeless children and youth are: identified by school personnel and through outreach and coordination activities with other entities and agencies; enrolled in school, and have access to and receive educational services for which they are eligible, including Head Start, early intervention (IDEA Part C) and other preschool programs, have opportunities to meet the same challenging State academic standards as other children and youth,
The state plan must include: Local Liaisons ~Continued Local liaisons must ensure that: Children, you and families receive referrals to health care, dental, mental health, substance abuse, housing and other services. Public notice of the educational rights of homeless students is disseminated to locations frequented by parents, guardian, and unaccompanied youth, in a manner and form understandable to them. School personnel providing McKinney-Vento services receive professional development and other support. Liaisons must participate in professional development and technical assistance as determined appropriate by the State Coordinator. The state plan must include: Local Liaisons ~ Continued Parents or guardians of homeless children and youth are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children; Parents and guardians and unaccompanied youth are fully informed of all transportation services, including transportation to and from the school of origin, and are assisted in accessing transportation services; and Enrollment disputes are mediated in accordance with the requirements of the McKinney-Vento Act.
School Selection ~ 42 U.S.C. 11432(g)(3)(A) & (B) Homeless children and youth frequently move, and maintaining a stable school environment is critical to their success in school. To ensure this stability, LEAs must make school placement determinations on the basis of the best interest of the homeless child or youth. Using this standard, an LEA must A. Keep a homeless child or youth in the school of origin (including a preschool). Students can stay in the school or origin the entire time they are homeless. Applies when students lose housing during the year or during the summer. When they find permanent housing, they can remain in the school of origin until the end of the school year. School Selection ~ Continued B. Enroll the child or youth in any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. Best Interest: In considering the best interest of the child, A district must educate a homeless child or youth in his or her school of origin, unless doing so is contrary to the wishes of the parent or guardian, or unaccompanied youth. The placement determination should be a student-centered, individualized determination. Factors that an LEA may consider should be student centered and should include 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; and the time remaining in the school year.
Segregation ~ 42 U.S. C. 11432(e)(3) & 11433(a)(2)(B)(ii) Public schools are prohibited from putting students who are homeless in separate schools, classes or programs simply because they are homeless unless separation is necessary for the health and safety of the students or to provide temporary, special, and supplementary services to meet the unique needs of homeless children and youth. Transportation ~ 42 U.S.C. 11432(g)(1)(J)(iii), (g)(4)(a) School districts must provide or arrange transportation to and from the school of origin for students who want to stay at their schools of origin, even if they move to a different city, county or school district. The transportation must be comparable to those provided to other students. School must continue to provide transportation to and from the school of origin until the end of the year when the student obtains permanent housing. If staying in the same LEA, that LEA must provide or arrange for transportation. If crossing LEA lines, both LEAs must determine how to divide the responsibility and share the cost.
Transportation ~ Children awaiting foster care placement Currently, children awaiting foster care placement are covered under McKinney Vento. However, in December, 2016, this will change. The ESSA created new Title I, Part A (Foster Care) assurances that will provide that ALL children, in ANY stage of foster care proceedings with McKinney Vento-like rights and protections (ie: right to remain in school of origin and transportation). By December, 2016, LEAs must develop clear written procedures about transportation to maintain children in foster care in their school of origin. In the event that the transportation costs extra money, an LEA will provide transportation if any of the following three conditions is true: The local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation, or The local educational agency agrees to pay for the cost of such transportation, or The local educational agency and the local child welfare agency agree to share the cost of such transportation. Question: What will happen if none of these conditions occur? Note about Oklahoma State Law: 70 OS 18-111 Enrollment ~ 42 U.S. C. 11432(g)(3)(C) The act defines enroll as attending classes and participating fully in school activities 42 U.S.C. 11434a(1). This includes participation in extra-curricular school activities, such as sports, music and clubs. Requirement for Immediate Enrollment: Schools must immediately enroll homeless students even: If they do not have records that are required for students who are not homeless. Example: Immunizations or other required health records, Proof of Residency, Academic Records, Birth Certificates, etc., or If they have missed application or enrollment deadlines during any period of homelessness.
Comparable Services ~ 42 U.S.C. 11432(g)(4) Each homeless child or youth to be assisted under this part shall be provided services comparable to services offered to other students in the school selected to attend. And any barrier to full participation in these services must be eliminated. This might include: Special Education Transportation School Meal Programs Pre-School Title I Services Gifted and Talented Programs Vocational and Technical Education GED Programs Online/Distance Education Sports Records ~ 42 U.S.C. 11432(g)(3)(C) & (D) Schools are required to call the students last school after the child is enrolled to get the last school records. Liaisons are required to help get student s immunization and other medical records. Even if a student is never able to provide proof of residency, they must be allowed to enroll and remain in school. Schools must maintain records for students experiencing homelessness so that they can be transferred promptly to future schools, as needed.
Dispute Resolution ~ 42 U.S.C. 11432(g)(1)(C), (g)(3)(b)(iii) & (g)(3)(e) Whenever there is a disagreement between a school and a parent, guardian or youth the school must: Immediately allow a student to enroll their desired school and receive necessary services until the dispute is resolved, Provide written document with an explanation of the reasons for its decision, in a manner and form understandable to such parent, guardian or unaccompanied youth, and the right to file an appeal, and Refer the student or family to the homeless liaison who must help to resolve the dispute quickly. Dispute Resolution ~ Continued If unable to resolve with the LEA, parents or student can: ~ Contact the State Homeless Coordinator ~ File a complaint: http://sde.ok.gov/sde/sites/ok.gov.sde/files/homeless-mvcomplaint.pdf ~ Contact the U.S. Department of Education, Office of Safe and Healthy Students, (Also known as: The McKinney-Vento Education for Homeless Children and Youth Program)
Dispute Resolution ~ Continued U.S. Department of Education, OESE Office of Safe and Healthy Students (OSHS) 400 Maryland Ave. S.W., Washington, DC 20202-6132 Telephone: 1-800-308-2145 E-mail Address: HomelessEd@ed.gov John McLaughlin, Program Specialist for the McKinney-Vento Homeless Children and Youth Program Telephone: 202-401-0962 E-mail Address: john.mclaughlin@ed.gov Dispute Resolution ~ Continued If unable to resolve with the LEA, parents or student can: ~Seek legal advice. Lampkin v. District of Columbia, 27 F.3d 605 (D.C. Cir. 1994) The court concluded that section 11432(e)(3) of the McKinney-Vento Act confers enforceable rights on its beneficiaries and that 42 U.S.C. 1983 can be used to enforce those rights. See also: National Law Center on Homelessness & Poverty v. New York, 224 F.R.D 314 (E.D.N.Y. 2004)
IDEA 2004 Further Protections for Homeless Children and Youth with Disabilities IDEA 2004 The 2004 reauthorization of IDEA included amendments that reinforce the timely assessment, appropriate service provision and placement, and continuity of services for children and youth with disabilities who experience homelessness and high mobility. Coordination and compliance with the McKinney-Vento Act are mandated specifically. IDEA now mentions specifically and observes the McKinney-Vento homeless children and youth. definition of The Child Find requirements in the statute include a specific requirement that states ensure that homeless children with disabilities are identified, located, and evaluated.
IDEA 2004 ~ Continued Inclusion of the McKinney-Vento definition of Homeless Children and Youth, allows the use of the IDEA dispute resolution procedures to further enforce the right of homeless children and youth with disabilities. Please see handout - Oklahoma State Department of Education letter of findings dated October 16, 2007 Also available online in the State Compliant section at: http://tinyurl.com/pqpdgl3 Additional Resources
http://www2.ed.gov/programs/homeless/index.html http://center.serve.org/nche/ http://www.nlchp.org/ http://www.naehcy.org/ http://education.wm.edu/centers/hope/resources/mckinneyact/ http://www.wrightslaw.com/info/homeless.index.htm http://nationalhomeless.org/ http://sde.ok.gov/sde/title-x-part-c Joy J. Turner, J.D. joy@okdlc.org 405-409-5759 Direct Line 2915 Classen, Suite 300 Oklahoma City, OK 73106 405-525-7755 Oklahoma Disability Law Center, Inc. http://www.okdlc.org/
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