TO:
Superintendents of Schools
All Department of Children & Families Staff
Directors of SAFE Homes
Directors of Permanency Diagnostic Centers
Directors of DCF-Licensed Shelters
Directors of Pupil Personnel
FROM:
Darlene Dunbar, MSW
Commissioner, Department of Children and Families
Dr. Betty J. Sternberg
Commissioner, Department of Education
DATE:
February 15, 2005
SUBJECT:
McKinney-Vento Homeless Assistance Act
As you may be aware, the federal McKinney-Vento Homeless Assistance Act (42 USC §§ 11431 et
seq.)(McKinney-Vento) affords important educational protections to homeless children and youth.
In order to ensure compliance with McKinney-Vento, the Connecticut legislature passed Public Act
03-6, which added the following language as subsection (f) to Connecticut General Statutes § 10253: “Notwithstanding any provision of the general statutes, educational services shall be provided
by each local and regional board of education to homeless children and youths in accordance with
the provisions of 42 USD 11431, et seq., as amended from time to time.”
In an effort to implement McKinney-Vento and Public Act 03-6, the Department of Children and
Families (DCF) and the State Department of Education (SDE) have had ongoing discussions
regarding the extent to which McKinney-Vento applies to children in DCF custody. McKinneyVento defines “homeless children and youths,” in relevant part, as “individuals who lack a fixed,
regular and adequate nighttime residence . . .” and specifically includes individuals who “ . . .are
living in emergency or transitional shelters . . .or are awaiting foster care placement . . .” 42 USC §
11434a(2)(B).
DCF and SDE have agreed that children in DCF custody who are placed in emergency or
transitional shelter placements are entitled to and will afforded the protections provided by
McKinney-Vento. A list of DCF placement settings that fall under the rubric of an emergency or
transitional placement is attached for your review. All resident children placed at a listed facility
would qualify for McKinney-Vento protection. In addition, children who are placed on an
emergency basis in a transitional foster home with the plan of being moved within thirty (30) days
to a more permanent foster or adoptive home may be considered covered by McKinney-Vento on a
case-by-case basis. Similarly, SDE and DCF will also consider applying McKinney-Vento on a
case-by-case basis to children who have experienced more than three placements in a twelve (12)
month period.
In accordance with McKinney-Vento and Public Act 03-6, the local education agency (LEA), in
collaboration with DCF, will ensure that all children in DCF custody who are placed in one of these
institutions, or otherwise fall under the scope of the McKinney-Vento, can continue to attend their
school of origin, if that is in their best interests. For purposes of McKinney-Vento, “school of
origin” means the school that the child attended when permanently housed or the school in which
the child was last enrolled. If more than one “school of origin” is identified, the social work staff
may choose the school that serves the best interests of the child.
This protection remains in effect for the duration of the child’s placement in that emergency or
transitional placement setting or for the remainder of the academic year if the child is subsequently
placed in a foster home or other placement setting during an academic year. If it is not in the child’s
best interest to remain in his or her school of origin, the child will be enrolled in the public school
that serves other children residing in the town where the child is living.
In determining the best interest of the child, McKinney-Vento provides that the LEA shall keep
homeless children in their school of origin, to the extent feasible, except when doing so is contrary
to the wishes of the child’s parent or legal guardian.1 In most cases, the judgment of feasibility will
be driven by time and distance constraints and not monetary considerations. If the LEA sends the
child to a school other than the school of origin or a school requested by the parent or guardian, a
written explanation must be provided to the parent or guardian, including a statement regarding the
right to appeal that decision. In addition, if the parent or guardian appeals the decision, the student
or the student’s parent or guardian is entitled to attend the desired school until the appeal is decided.
In addition to the right to attend the school of origin, there are further protections provided by
McKinney-Vento that must be afforded to children in DCF custody who are placed in one of the
listed emergency or transitional placement settings or are otherwise deemed eligible on a case-bycase basis by DCF and the LEA. These include, but are not limited to, the right to immediate
enrollment even if necessary enrollment records are not immediately available.
DCF and SDE plan to develop and issue, in the coming months, specific policies and procedures to
ensure that all eligible children in DCF custody receive the benefits to which they are entitled under
McKinney-Vento. In addition, DCF and SDE will provide training on this issue to appropriate staff
members. In the meantime, DCF and SDE staff members should continue to work together on
individual cases to ensure that the educational needs of children in DCF custody are met in
accordance with all applicable state and federal law.
If DCF staff members in the Area Offices have any questions about the rights provided under
McKinney-Vento for children in DCF custody, please consult with your Educational Consultant or
your Principal Attorney. If directors of shelters, SAFE Homes or Permanency Diagnostic Centers
have any questions or concerns, please contact your DCF liaisons. Superintendents of Schools can
contact Mr. Louis Tallarita, State Department of Education, at (860) 807-2058.
Thank you.
For DCF-committed children, DCF is deemed to be the child’s legal guardian. DCF is not the legal guardian of
children in DCF custody pursuant to a 96-hour-hold or an Order of Temporary Custody. Therefore, under those
circumstances, the LEA must consider the wishes of both DCF and the child’s parent or legal guardian in determining
what is in the child’s best interests. In addition, the LEA should also consult with the child’s attorney or guardian ad
litem in conducting its best interests analysis.
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