Homeless Education 201:
Advanced Understanding and
Implementation
Christina Dukes
National Center for Homeless Education
cdukes@serve.org
Homeless Education 201: Advanced Understanding and Implementation
Slide 1
Session Outline
o Become familiar with important
advanced homeless education concepts
•
•
•
•
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Eligibility
Unaccompanied Youth
Transportation
Title IA
IDEA
o Learn good practices and
implementation strategies by
networking with colleagues
Homeless Education 201: Advanced Understanding and Implementation
Slide 2
Foundational Documents
o McKinney-Vento Homeless Assistance Act – Law and
Guidance at www.serve.org/nche/m-v.php
o Pennsylvania Basic Education Circulars (BECs)
• BEC 42 U.S.C. §11431 et seq. Education for Homeless Youth
(Feb 2008) at
www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=54421
• BEC 24 P.S. §13-1301 – §13-1306 Enrollment of Students
(January 2009; section on Homeless Students) at
www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=84241
Homeless Education 201: Advanced Understanding and Implementation
Slide 3
General Resources
o NCHE’s Information by Topic:
www.serve.org/nche/ibt/ibt.php
o NCHE’s Online Forum:
www.serve.org/nche/forum/forum_browse.php
o NCHE’s Best Practices and Model Programs:
www.serve.org/nche/best/best_browse.php
o NCHE Issue Briefs (including Law Into Practice, Best
Practices in Homeless Education, Connecting Schools
and Displaced Students, and Helping You Help Your
Child: Information for Parents):
www.serve.org/nche/briefs.php
Homeless Education 201: Advanced Understanding and Implementation
Slide 4
Determining Eligibility: Useful Resources
o Determining Eligibility and Confirming Eligibility briefs
at www.serve.org/nche/briefs.php
o NCHE Information by Topic:
www.serve.org/nche/ibt/sc_eligibility.php
o NCHE Forum (sample residency questionnaires):
www.serve.org/nche/forum/eligibility.php
o NCHE Best Practices and Model Programs:
www.serve.org/nche/best/elig.php
o NCHE Legislative Resources (FERPA):
www.serve.org/nche/legis_resources.php#ferpa
Homeless Education 201: Advanced Understanding and Implementation
Slide 5
The Definition
o Individuals who lack a fixed, regular, and
adequate nighttime residence, including
• Sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason
• Living in motels, hotels, trailer parks, or camping grounds due
to the lack of alternative adequate accommodations
• Living in emergency or transitional shelters
• Abandoned in hospitals
• Awaiting foster care placement
Homeless Education 201: Advanced Understanding and Implementation
Slide 6
The Definition (cont)
• 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
• Living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings
• Migratory children living in the circumstances described
above
• Unaccompanied youth living in the circumstances described
above
Homeless Education 201: Advanced Understanding and Implementation
Slide 7
Laying the Groundwork
o McKinney-Vento eligibility is determined on a case-bycase basis by examining the living arrangement of each
student.
o Some instances will be clear-cut; others will require
further inquiry and then a judgment call.
o If the living arrangement does not meet all three
criteria (fixed, regular, and, adequate), it is considered
a homeless situation.
o The examples of homeless situations listed in the
definition address some of the more common
situations of homelessness; the list of examples is not
exclusive.
Homeless Education 201: Advanced Understanding and Implementation
Slide 8
Fixed, Regular, and Adequate
o “What do the terms fixed, regular, and
adequate mean?”
o Fixed: Stationary, permanent, and not subject
to change
o Regular: Used on a predictable, routine, or
consistent basis (e.g. nightly)
o Adequate: Sufficient for meeting both the
physical and psychological needs typically met
in home environments
o Use the sample questions on pages 5-6 of the
Determining Eligibility brief
Homeless Education 201: Advanced Understanding and Implementation
Slide 9
“What if We Disagree?”
o If there is a disagreement about whether the student meets
the McKinney-Vento definition of a homeless child or youth
(between the parents/youth and the school), Pennsylvania’s
dispute resolution process should be followed.
o Under the dispute resolution process:
• The student must be enrolled immediately in the requested school.
• The parent/guardian/unaccompanied youth must be provided with
a written explanation of the school’s decision on the dispute,
including the right to appeal
• The parent/guardian/unaccompanied youth should be referred to
the local liaison for assistance with the appeal process.
• The student must be provided with all services to which McKinneyVento eligible students are entitled (e.g. transportation, Title I
services, free meals).
• Enrollment must continue until the dispute is resolved.
Homeless Education 201: Advanced Understanding and Implementation
Slide 10
“What if We Disagree?” (cont)
o Pennsylvania’s dispute resolution process is included in
BEC 42 U.S.C. §11431 et seq. at
www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=544
21
1. Person wishing to file the dispute should contact the school or
school district (i.e. the local liaison, the principal, or the
superintendent) to present their concerns to the people closest to
the situation and most likely to be able to resolve it quickly
2. Contact the McKinney-Vento Homeless Site Coordinator in your
area, or PDE will accept complaints directly through the EHCY phone
number at (717) 783-6468
3. Individual cases may be referred to the PDE’s Office of Chief Counsel
and the Office of the Deputy Secretary for Elementary and
Secondary Education as needed by the State Coordinator; PDE
will deliver a response within 20 business days of the receipt of the
complaint.
Homeless Education 201: Advanced Understanding and Implementation
Slide 11
Step 1: Get the Facts
o Use an enrollment questionnaire for all students; this
will assist with identifying eligible students.
o If the form indicates a possible homeless situation,
refer to the local liaison to determine eligibility.
o Discuss the living arrangement with the family/student
in a private place and with sensitivity.
o Ask additional questions respectfully, as needed.
(these are often very personal discussions for the
family)
Homeless Education 201: Advanced Understanding and Implementation
Slide 12
Step 1: Get the Facts
o Avoid using the word “homeless”: some families may
want to avoid the stigma; others may not consider
themselves homeless and yet they might be eligible.
o Inform the family about the benefits of eligibility,
including immediate enrollment and the provision of
services.
o (FERPA) Avoid contacting persons outside the school
system to probe for more information regarding the
family’s living arrangement; see NCHE’s Confirming
Eligibility brief at
www.serve.org/nche/downloads/briefs/verif_ll.pdf
Homeless Education 201: Advanced Understanding and Implementation
Slide 13
Step 2: Analyze the Facts
o Does the student’s living arrangement fit into
one of the examples of homelessness in the
law?
o If not, would the student qualify for services
because he/she lives in another type of living
arrangement that does not meet the fixed,
regular, and adequate standard?
o Use the information/questions contained in
the Determining Eligibility brief to assist in
answering these questions.
Homeless Education 201: Advanced Understanding and Implementation
Slide 14
Step 3: Call for Backup
o Contact your McKinney-Vento Regional
Site Coordinator (contact information is
in your conference packet)
o Contact the NCHE Helpline at 800-3082145 or homeless@serve.org
Homeless Education 201: Advanced Understanding and Implementation
Slide 15
Common Questions: Doubled-up
o Legislative wording: “Sharing the housing
of other persons due to loss of housing, economic
hardship, or a similar reason”
o Questions:
• Why did the family move in together? Crisis or by mutual
choice as a plan for mutual benefit?
• How permanent is the living arrangement intended to be?
• Is the living arrangement fixed, regular, and adequate?
o See pages 2-3 of the Determining Eligibility brief for a
discussing of shared housing; also use questions on
pages 5-6
Homeless Education 201: Advanced Understanding and Implementation
Slide 16
Common Questions: Doubled-up
o But…
• Are all doubled-up situations automatically
homeless?
• Is there a limit on how long a doubled-up child
should be considered homeless?
• Are both doubled-up parties homeless?
Homeless Education 201: Advanced Understanding and Implementation
Slide 17
Common Questions: AFCP
o PA’s definition of “awaiting foster care placement”
• “…live in shelters or are placed in emergency, interim or
respite foster care; kinship care; evaluation or diagnostic
centers or placements for the sole purpose of evaluation.
Local school officials should consult with their county
children and youth agencies whenever necessary to
determine if a child meets the definition of awaiting foster
care placement, including, on a case-by-case basis, whether
a child who does not clearly fall into one of these categories
is nevertheless a child ‘awaiting foster care placement’.”
BEC 42 USC § 11301 Education for Homeless Children and Youth
Homeless Education 201: Advanced Understanding and Implementation
Slide 18
Eligible or Not?
Jared and his son, Jeremy, showed up
mid-year at your school to enroll Jeremy,
saying they’ve just moved in with
relatives that live in the area. You suspect
Jeremy might qualify for McKinney-Vento
services, but you’re not sure.
o What questions would you ask to determine if
Luis is eligible?
o Other questions on eligibility?
Homeless Education 201: Advanced Understanding and Implementation
Slide 19
Enrollment: Useful Resources
o Immediate Enrollment Under McKinney-Vento:
How Local Liaisons Can Keep Homeless
Students Safe and Prompt and Proper
Placement: Enrolling Students without Records
at www.serve.org/nche/briefs.php
o NCHE Information by Topic:
www.serve.org/nche/ibt/sc_enroll.php
o NCHE Forum:
www.serve.org/nche/forum/enrollment.php
o NCHE Best Practices and Model Programs:
www.serve.org/nche/best/enroll.php
Homeless Education 201: Advanced Understanding and Implementation
Slide 20
Enrollment: General Considerations
“In order to ensure immediate enrollment, the local
education agency is encouraged to: train school
enrollment staff about the legal requirement that
homeless children and youth be immediately enrolled
and provided transportation; review school regulations
and policies to ensure that they comply with the
McKinney-Vento requirements; inform families and youth
in a language they can understand of their rights; develop
clear, understandable, and accessible forms for written
explanations of decisions and the right to appeal; and
expeditiously follow up on any special education and
language assistance needs presented by the students. ”
BEC 42 U.S.C. §11431 et seq. Education for Homeless Youth
Slide 21
Homeless Education 201: Advanced Understanding and Implementation
Enrollment: Multilingual Resources
o NCHE Forum: www.serve.org/nche/forum/transl.php
o Includes
• Educational Rights Posters
• Educational Rights brochures (including NCHE’s new
foreclosure brochure)
• Homeless Student Enrollment Policies
• Residency Questionnaires
• Parent Guides
• Enrollment Dispute Forms
• Transportation Brochures
• School meal forms
o Languages include English, Spanish, Portuguese,
French, Haitian-Creole, Hmong, Polish, Arabic,
Chinese, Korean, Bengali, Russian, Urdu, Cambodian,
Somalian,
Ukranian, and Vietnamese
Homeless Education 201: Advanced Understanding and Implementation
Slide 22
Enrolling Unaccompanied Students
“Unaccompanied homeless youth may enroll
without documents and without the help of an
adult. Unaccompanied homeless youth includes
any child who is “not in the physical custody of a
parent or guardian.” Falling within this definition
are students who have run away from home,
been thrown out of their home, or been
abandoned or separated from their parents or
guardians.”
BEC 24 P.S. §13-1301 – §13-1306 Enrollment of Students
Homeless Education 201: Advanced Understanding and Implementation
Slide 23
Unaccompanied Youth: Useful Resources
o NCHE Information by Topic:
www.serve.org/nche/ibt/sc_youth.php
o NCHE Forum: www.serve.org/nche/forum/youth.php
o NCHE Best Practices and Model Programs:
www.serve.org/nche/best/youth.php
o NAEHCY: Using What We Know: Supporting the
Education of Unaccompanied Homeless Youth at
www.naehcy.org/dl/uwwk_youth.pdf
o Juvenile Law Center (Philadelphia): www.jlc.org –
factsheets are particularly helpful
o Pennsylvania Youth Advisory Board:
www.independentlivingpa.org (website can be “testy”)
Homeless Education 201: Advanced Understanding and Implementation
Slide 24
Unaccompanied Youth: The Basics
o The McKinney-Vento defines unaccompanied youth as
a youth “not in the physical custody of a parent or
guardian”
o An unaccompanied youth’s living arrangement must
meet the Act’s definition of homeless for him/her to
qualify for McKinney-Vento services
o There is no lower age limit for unaccompanied youth;
the upper age limit (as with all McKinney-Vento
eligible students) is your state’s upper age limit for
public education; Pennsylvania’s upper age limit is 21,
but may be extended for students in special education
o A youth can be eligible regardless of whether he/she
was asked to leave the home or chose to leave;
remember that sometimes there is “more than meets
the eye” for youth’s home life situations
Homeless Education 201: Advanced Understanding and Implementation
Slide 25
Enrolling Unaccompanied Youth
o Common methods of enrollment:
1. Responsible adult enrolls (an option is to use a
caregiver authorization form for contact information;
can not be required for enrollment)
2. Youth enrolls himself/herself
3. Local liaison enrolls
o The person who enrolls the youth generally signs
forms and makes general educational decisions
o How does your district enroll unaccompanied
students?
Homeless Education 201: Advanced Understanding and Implementation
Slide 26
Unaccompanied Youth: Reporting
o Visit www.childwelfare.gov/systemwide/laws_policies/state/ for
useful information on Pennsylvania state law
o In Pennsylvania, schools are mandatory reporters of suspected
abuse and neglect (Hotline: 800-932-0313)
o “No child shall be deemed to be physically or mentally abused
based on injuries that result solely from environmental factors
that are beyond the control of the parent or person responsible
for the child's welfare, such as inadequate housing, furnishings,
income, clothing, and medical care.” (23 PCSA § 6303 )
o Running away is not a status offense in Pennsylvania; therefore,
schools are not required to report suspected runaways to law
enforcement
Homeless Education 201: Advanced Understanding and Implementation
Slide 27
Unaccompanied Youth: Medical Consent
o Youth in Pennsylvania have the right to:
• Consent to their own medical, dental, and health
care if they are 18 or older
• Consent to all mental health treatment and
medication if they are 14 or older
• Consent to treatment for a substance abuse
problem at any age
• Obtain contraception at any age
• Obtain testing and treatment for sexually
transmitted diseases at any age
Homeless Education 201: Advanced Understanding and Implementation
Slide 28
Unaccompanied Youth: Medical Consent
• Consent to testing and treatment of HIV at any age
• Consent to medical care related to pregnancy,
except abortion (to obtain an abortion, a minor
needs the consent of a parent or legal guardian, or
a court order, called a “judicial bypass”)
• Consent to all medical care (except abortion) if
they are a minor and have been pregnant or have
already graduated from high school
Source: Know Your Rights (the Juvenile Law Center,
KidsVoice and the Pennsylvania Youth Advisory Board)
and
State Minor Consent Laws: A Summary
(Center for Adolescent Health and the Law)
Homeless Education 201: Advanced Understanding and Implementation
Slide 29
Unaccompanied Youth: Liability Concerns
• Liability is based on Negligence
• Negligence: Conduct that falls below the standards of
behavior established by law for the protection of others
against unreasonable risk of harm; a person has acted
negligently if he or she has departed from the conduct
expected of a reasonably prudent person acting under
similar circumstances
• To establish liability: Must prove that there was the
duty to act, that there was a failure to fulfill that duty,
and that this failure caused harm to the student
Source: http://legal-dictionary.thefreedictionary.com/
Note: This slide is not official legal advice; please consult with your district’s general
counsel when making decisions at the district level
Homeless Education 201: Advanced Understanding and Implementation
Slide 30
What to do?
Sarah shows up at your school to enroll, saying
her stepfather kicked her out of the house
because they couldn’t get along and she’s now
staying with a friend that lives in the area.
o
Would you qualify Sarah for McKinney-Vento services?
How would you come to your decision?
o
Are there other services and supports you would
consider for Sarah?
o
How would you respond if Sarah’s mom called your school
saying she didn’t want Sarah enrolled there?
o
Other questions about unaccompanied youth?
Homeless Education 201: Advanced Understanding and Implementation
Slide 31
Title I: Useful Resources
o NCHE Information by Topic:
www.serve.org/nche/ibt/sc_titlei.php
o NCHE Related Legislation Webpage:
www.serve.org/nche/legis_other.php
(including new Title IA ARRA Guidance)
Homeless Education 201: Advanced Understanding and Implementation
Slide 32
Title I: Points to Remember
o Title IA of NCLB requires districts to set aside
Title IA funds to be used to serve homeless
students; these funds can be used:
o To support homeless students not attending a Title IA school
o To provide 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
o Federal law does not mandate a specific
method for determining the set-aside amount
o Title I funds should be used to provide
educationally-related support services
Homeless Education 201: Advanced Understanding and Implementation
Slide 33
Title I: Guiding Questions for Expenditures
o Is it already identified as a program
component or need in the consolidated plan?
o Is it an educationally-related need or support
service?
o Are there other district or community funding
sources already set up to provide what is
needed?
o What is the cost in proportion to the overall
program budget or per-pupil expenditure?
o Is the expense critical to maintaining the
student’s enrollment, attendance or success in
school?
Homeless Education 201: Advanced Understanding and Implementation
Slide 34
Title I: Permissible Usages of Funds
o Tutoring (including in shelters, motels, and
other places where homeless students live)
o School uniforms (if not available from other
sources)
o Transportation to participate in afterschool
activities
o Health, nutrition, and other social services, if
not available from any other source (including
basic medical equipment, such as eyeglasses
and/or hearing aids)
Homeless Education 201: Advanced Understanding and Implementation
Slide 35
Title I: Permissible Usages of Funds
o Title IA set-aside funds should be used only to the
extent that services and supports are not available
from other sources
o (New Guidance) LEA may use Title IA ARRA funds to
provide, where appropriate, items or services
including, but not limited to—
• Items of clothing, particularly if necessary to meet a school’s
dress or uniform requirement
• Clothing and shoes necessary to participate in physical
education classes
• Student fees that are necessary to participate in the general
education program
• Personal school supplies such as backpacks and notebooks
• Birth certificates necessary to enroll in school
• Immunizations
• Food
Homeless Education 201: Advanced Understanding and Implementation
Slide 36
Title I: Permissible Usages of Funds
• Medical and dental services
• Eyeglasses and hearing aids
• Counseling services to address anxiety related to
homelessness that is impeding learning
• Outreach services to students living in shelters, motels, and
other temporary residences
• Extended learning time (before and after school, Saturday
classes, summer school) to compensate for lack of quiet time
for homework in shelters or other overcrowded living
conditions
• Tutoring services, especially in shelters or other locations
where homeless students live
• Parental involvement specifically oriented to reaching out to
parents of homeless students
• Fees for AP and IB testing
• Fees for SAT/ACT testing
• GED testing for school-age students
• Supporting the position of the local liaison
Homeless Education 201: Advanced Understanding and Implementation
Slide 37
Title I: Prohibited Usages of Funds
o Transportation to/from the school of origin for
the regular school day
o Rent
o Utilities
o Clothing for parents
Homeless Education 201: Advanced Understanding and Implementation
Slide 38
Title I:
Questions?
Homeless Education 201: Advanced Understanding and Implementation
Slide 39
IDEA: Useful Resources
o NCHE Information by Topic: (including several special
education issue briefs)
www.serve.org/nche/ibt/sc_spec_ed.php
o Questions and Answers on Special Education and
Homelessness (Feb 2008) at
www.ed.gov/policy/speced/guid/spec-edhomelessness-q-a.pdf
Homeless Education 201: Advanced Understanding and Implementation
Slide 40
IDEA: 2008 Q&A Document
o Q and A Section E: Schools of Origin
• A student’s disability may factor into school
placement decisions
• School placement decisions are made by the
responsible public agency’s placement group; this
group includes parents and persons
knowledgeable about the child
Homeless Education 201: Advanced Understanding and Implementation
Slide 41
IDEA: 2008 Q&A Document
o Q and A Section E: Schools of Origin (cont)
• Inter-district issues: The SEA maintains general
supervisory responsibility and chooses which
district is responsible for providing FAPE
• Inter-state issues: If a McKinney-Vento eligible
student moves across state lines
•
Responsibility for providing FAPE generally shifts to the
state where the child moves
• And continues to attend the school of origin, US ED
encourages the state where the child moves and the
state where the school of origin is to work together to
ensure that the student receives appropriate services
Homeless Education 201: Advanced Understanding and Implementation
Slide 42
IDEA: 2008 Q&A Document
o Section F: Unaccompanied Homeless Youth
and Surrogate Parents
• Surrogate Parent
• SEA “must make reasonable efforts” to appoint within
30 days
• Are considered the unaccompanied youth’s parent for
special education purposes
• Must be appointed, if necessary, in the manner
prescribed by state law
• Cannot be an employee of the SEA, LEA, or any other
agency involved in the education or care of the child
• Must have no personal or professional interests in
conflict with the interest of the child
• Must have the necessary knowledge and skills
Homeless Education 201: Advanced Understanding and Implementation
Slide 43
IDEA: 2008 Q&A Document
o Section F: Unaccompanied Homeless Youth
and Surrogate Parents (cont)
o Temporary Surrogate Parent
o Appointed immediately
o Appropriate staff of emergency shelters, transitional
shelters, independent living programs and street
outreach programs that are involved in the education
or care of the child MAY BE appointed as temporary
surrogate parents without regard to the nonemployee requirement
o Must have no personal or professional interests in
conflict with the interest of the child
o Must have the necessary knowledge and skills
o Rights transfer to the student upon the student
reaching the age of majority (21 in Pennsylvania)
Homeless Education 201: Advanced Understanding and Implementation
Slide 44
IDEA:
Questions?
Final Questions?
Homeless Education 201: Advanced Understanding and Implementation
Slide 45