Determining Eligibility for McKinney-Vento Rights and Services

1. Determining Eligibility for McKinney-Vento Rights and Services ABSS Mid Year Conference January 20, 2015

2. Session Outline The Definition: Who is considered homeless under the McKinney-Vento Act? The Process: How do we apply the M-V definition to real-life situations? The Application: What would you do in this situation? This presentation is based on NCHE’s Determining Eligibility for Rights and Services Under the McKinney-Vento Act at www.serve.org/nche/downloads/briefs/det_elig.pdf.

3. Laying the Groundwork McKinney-Vento eligibility is determined on a case-by-case basis by examining the living arrangement of each student. Some instances will be clear-cut; others will require further inquiry and then a judgment call. If the living arrangement does not meet one of the three criteria (fixed, regular, and adequate), it likely will be considered a homeless situation. The examples of homeless situations listed in the definition address some of the more common situations of homelessness; the list of examples is not exhaustive.

4. Main Themes of McKinney-Vento Ease of School Access School Stability Support for Academic Success Child-centered, Best-Interest Decision Making Process Removal of any Barriers to Education

5. Step 1: Get the Facts Use an enrollment questionnaire for all students; this will assist with identifying eligible students. If the form indicates a possible homeless situation, MV trained school social workers or school counselors should be consulted to determine eligibility. If eligibility is still unclear, contact the MV Program Specialist or Liaison for guidance. Discuss the living arrangement with the family/student in a private place and with sensitivity. Ask additional questions respectfully, as needed. (these are often very personal discussions for the family)

6. Step 1: Get the Facts (cont) 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. Inform the family about your reason for asking questions - to determine potential eligibility Family Educational Rights and Privacy Act (FERPA): Avoid contacting persons outside the school system to probe for more information; see NCHE’s Confirming Eligibility brief at www.serve.org/nche/downloads/briefs/verif_ll.pdf

7. The Definition • Individuals who lack a fixed,regular, and adequate nighttimeresidence, 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 transitionalshelters • Awaiting foster care placement

8. 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 thecircumstances described above

9. Fixed, Regular, and Adequate • Working definitions: • Fixed: Stationary, permanent, and not subject to change • Regular: Used on a predictable, routine, or consistent basis (e.g. nightly); consider the relative permanence of the living arrangement • Adequate: Sufficient for meeting both the physical and psychological needs typically met in home environments Can the student go to the SAME PLACE (fixed) EVERY NIGHT (regular) to sleep in a SAFE AND SUFFICIENT SPACE (adequate)?

10. Step 2: Analyze the Facts Does the student’s living arrangement fit into one of the examples of homelessness in the law? 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? Use the information/questions contained in the Determining Eligibility brief to assist in answering these questions.

11. Sample Questions to Ask Is this a permanent arrangement or just temporary? Are you looking for another place to live? Do you plan to move out soon? Why are you staying in your current place? Where were you living right before this place? Why did you leave? Where would you go if you couldn’t stay where you are?

12. Sample Questions to Ask (cont.) Are you staying with friends and relatives just for a little while? Did you and your friends/relatives decide to move in together and share a home and expenses for the long term? Or is this a temporary situation for you? Could your friends/relatives ask you to leave if they wanted to? Are you all sharing the home equally, or are you more like a guest in the home?

13. Sample Questions to Ask (cont.) Do you stay in the same place every night? Do you move around a lot? How long have you been at this place? How long do you plan to stay? How long did you live at your last place? How many people are living in the home? How many bedrooms/bathrooms does it have? Are you and/or your children sleeping in a common area like a living or dining room?

14. Sample Questions to Ask (cont.) Does the home have heat/electricity/running water? What condition is the home in? Does it keep out the elements? Is it safe? Is it warm and dry? Are there any infestations?

15. “Stumpers”: Doubled-Up • Legislative wording: “Sharing thehousing of other persons due toloss of housing, economic hardship, or asimilar reason” • Questions: • Why did the parties move in together? Crisis or by mutual choice as a plan for mutual benefit? • How permanent is the living arrangement intended to be? • Where would the party live if not doubling up? • Is the living arrangement fixed, regular, andadequate?

16. Stumpers: Doubled-Up (cont) • Common questions: • Are all shared housing arrangements automatically considered homeless? • Is there a limit on how long a doubled-up child should be considered homeless? • Are both doubled-up parties homeless? • Common practice: Revisit homeless situations at the beginning of each school year. Follow our reassessment guidelines and procedures to determine if family is still eligible.

17. Stumpers: “AwaitingFoster Care Placement” • US ED Non-Regulatory Guidance, Question G-10 (available at http://www2.ed.gov/programs/homeless/guidance.pdf) • Awaiting foster care placement = homeless • Already in foster care = not homeless • Local liaisons should coordinate with local public social service agencies to determine how to support this population

18. “Stumpers”:Substandard Housing • No official federal definition; evaluated according to community norms • Common indicators • Does not meet local building code • Inoperable indoor plumbing • Nonworking, inadequate and/or unsafe electrical service • No working kitchen • Condemned by a government agency • Overcrowded: Consider occupancy guidelines in local/state building codes

19. Unaccompanied Youth McKinney-Vento protects homeless youth who are not living with a parent or legal guardian. The law refers to these students as “unaccompanied youth”. These young people may include those who: Were asked to leave home by a parent or step-parent Left home with the consent of the parent or chose to leave on their own Have no formal custody papers or arrangements while their parents are in jail, the hospital, treatment center or deployed for military duty

20. “Stumpers”:Unaccompanied Youth 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 (usually 21, sometimes older for IDEA) 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

21. The School’s Charge Schools first and foremost are educational agencies The school’s primary responsibility and goal is to enroll and educate, in accordance with the McKinney-Vento Act (federal); federal law supersedes state and local law Schools do not need to understand and/or agree with all aspects of a student’s home life to educate him/her

22. Rights and Services • Immediate Enrollment- The right to enroll even if lacking the proper documentation ordinarily required. This enrollment includes attending classes and participating fully in all school activities. Students may enroll without the following: • Immunizations or immunization records • Physical exams or medical records • Academic records • Proof of Residency • Birth Certificate • A parent or legal guardian

23. Rights and Services (Cont.) Free Lunch- The right to free lunch without the standard application process. Transportation- The right to transportation to the School of Origin, if feasible. School of Origin vs. School of Zone-The right to attend either. School of Origin is defined as the school the student attended when he/she was permanently housed or the school in which the child was last enrolled. School of Zone is the school in the attendance area in which they currently reside.* School of Origin is the physical building itself and a student loses the right when transitioning.

24. Should a Child Stay at School of Origin? How old is the child? How permanent is the current living arrangement? Is the plan to move back close to School of Origin or is it to stay near current living arrangement? Is the child attached to his/her School of Origin? How anxious is the child because he/she has been displaced? Would changing schools be overwhelming?

25. Should a Child Stay at School of Origin? Cont. Could changing schools cause the child to lose credits, fall behind academically or receive bad grades? Is it a good time for the child to change schools? Is it the end of a semester, or after an event that is important to the child? How much time would the child have to spend being transported back to School of Origin? Are there safety issues to discuss in choosing which school the child should attend? Are there special education needs being met at School of Origin that cannot be delivered at the School of Zone?

26. Scenarios There are 3 scenarios that groups will randomly review to help determine eligibility. Use the information given today to help lead your group in thoughtful discussion. We will have an opportunity to discuss and share each scenario’s unique situations to help us in our final decision.