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Determining Eligibility for Rights and Services Under

the McKinney-Vento Act

23rd Annual NAEHCY Conference, 2011

Estella Garza, San Antonio TX Homeless LiaisonPatricia Julianelle, NAEHCY Legal Director

pjulianelle@naehcy.org

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Our Agenda Today

• The Definition: Who is Covered by the McKinney-Vento Act?

• The Process: How do We Apply that Definition to Real Life Situations?

• Let’s Practice: Case Studies to Chew On

• NCHE: Determining Eligibility for Rights and Services Under the McKinney-Vento Act, available at:http://center.serve.org/nche/downloads/briefs/det_elig.pdf

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Keep This in Mind…

• Determining eligibility is a case-by-case determination made by examining the living arrangement of each individual student.

• Some instances will be clear-cut; others will require further inquiry and then a judgment call.

• Determinations of eligibility cannot delay immediate enrollment and the prompt provision of services for MV students.

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Eligibility—Who is Covered?

• Children who lack a fixed, regular and adequate nighttime residence.

• The law lists a number of specific living situations that are covered.

• Other situations are also covered, if they are not fixed, regular and adequate.

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What do Fixed, Regular and Adequate mean?

• Fixed Stationary, permanent, and not subject to

change• Regular

Used on a predictable, routine or consistent basis

• Adequate Sufficient for meeting both the physical and

psychological needs typically met in home environments

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Specific covered situations

• Sharing the housing of others due to loss of housing, economic hardship, or similar reason AKA doubled-up or couch-surfing Where would they go if they had to leave? 71% of identified students nationally

• Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations Motels: 5% of identified students nationally

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• Living in emergency or transitional shelters 19% of identified students nationally

• Living in a public or private place not designed for humans to live

• Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or similar settings

• Awaiting foster care placement Depends on state and/or local definition Youth in temporary placements, shelters,

evaluation, emergency foster homes

Specific covered situations (cont.)

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Now, the Process

• Remember, determining eligibility is a case-by-case determination made by examining the living arrangement of each individual student.

• Always distinguish between eligibility and services/school of origin.

• Good, consistent identification is important for your program, your credibility, and your students and families.

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Step 1: Get the Facts

• Avoid using the word “homeless” Describe the living situation instead of

labeling it.

• Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, security officers, bus drivers, truancy/attendance officers, dropout programs, cafeteria managers, administrators, etc.)

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Step 1: Get the Facts (cont.)

• Use a standard enrollment form for all students; this will assist with identifying eligible students upon enrollment. If the form indicates a possible homeless

situation, refer to the liaison. center.serve.org/NCHE/forum/enrollment.php

• Do not contact persons outside the school system to probe for more information regarding the family’s living arrangement.center.serve.org/nche/downloads/briefs/verif_ll.pdf

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Step 1: Get the Facts (cont.)

• Place posters and brochures in the office and community Collaborate with community agencies and

service providers center.serve.org/NCHE/forum/transl.php

• Put a question on annual emergency contact forms: Is this a temporary or unstable residence?

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Step 1: Get the Facts (cont.)

• Discuss the living arrangement in a private place and with sensitivity. What are some good questions to ask

parents or youth? Let parents and youth know why you are

asking about their living situation: not to invade their privacy, but to offer services.

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Step 2: Analyze the Facts

• Does the student’s living arrangement fit into one of the specific examples of homelessness in the law? If so, the student is eligible. If not

• Does the student lack a fixed, regular and adequate nighttime residence? If so, the student is eligible.

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Step 2: Analyze the Facts (cont.)

• Use the information/questions contained in the Determining Eligibility brief to assist in answering these questions.

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Case Study: Marisela

Marisela, her parents, and her 2 brothers are living in a house with her aunt and uncle, their daughter and new baby. The families have lived together in this house for 4 years and don’t seem to have any plans to go anywhere else. The house has 3 small bedrooms and 1 bathroom. Marisela shares a bed with her cousin, with her brothers sharing a second bed in the same room.

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Marisela Questions

• Initially, how could the liaison have gotten information about Marisela’s situation? What questions might be relevant?• Is Marisela eligible? Would your answer change if the house had 5 bedrooms and 3 baths? Would it change if you’ve given Marisela’s parents info on rental housing, and they said they weren’t interested?• Would your answer change if Marisela’s parents are contributing to the rent?

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Doubled-Up Help

• Due to loss of housing, economic hardship, or a similar reason: Why did family/youth move in?

Mutual choice & benefit•Share child care•Save moneyBoth families have right to be there•Share rent, expenses•Lease?Housing is adequate

Loss of housing•Natural disaster•EvictionEconomic hardship•Job loss•Health problem•PovertySimilar reason•Domestic violence

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Doubled-Up Help

• Where would they go if they had to leave?

See pages 2-3 of the Determining Eligibility brief for a discussing of shared housing; use questions on pages 5-6.

Their own apartment

A shelterCarOther friend or relativeDon’t know

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Case Study: Josh

Josh’s father was incarcerated 2 years ago. He doesn’t know where his mother is. After dad went to jail, CPS placed Josh and his siblings with their grandmother, giving her court-ordered legal custody and guardianship. Earlier this year, grandmother lost her home in a foreclosure, and had to move in with relatives in a 2BR mobile home.It quickly became apparent that there was not enough space for everyone in the mobile home. By this time, Josh’s dad had been released from jail, so grandmother sent Josh to live with him. Josh has his own room and will stay with his dad until the end of this year, or until grandmother finds housing.

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Josh Questions

• Was Josh considered homeless when dad first went to jail, before the court gave grandmother custody?

• Was Josh considered homeless after the court gave grandmother custody and they had their own home?

• Was Josh considered homeless when his family moved in with relatives?

• Is Josh considered homeless now that he’s living with his dad? Do you need more information?

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Case Study: Dan

Over the summer, Dan’s mother sought an inter-district transfer for Dan, age 15, to attend your district. The transfer was denied. In August, Dan left his mother’s home in a neighboring school district. He is staying with his friend’s family and states that he plans to stay there all year.

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Dan Questions

• Initially, how would you get information about Dan’s situation? What questions would you ask, to whom?

• What facts would lead you to find Dan eligible? Are there facts that would lead you to find him not eligible?

• How would you handle Dan’s situation?

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Unaccompanied Youth Help

• MV eligibility is based on where the youth is currently living: Is it fixed, regular and adequate?

• A youth can be eligible regardless of whether he/she was asked to leave the home or “chose” to leave

• Often, there is “more than meets the eye” in a youth’s home life. Are there reasons a youth might not want to reveal

the truth about his/her home situation?

Are there reasons a parent might not want to reveal the truth about the home situation?

• School is safer than the street. Possible kidnapping; runaway youth

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Case Study: Amanda

Amanda, age 16, has arrived in your school district to live with her grandfather. Grandfather does not have custody of Amanda and does not intend to seek legal guardianship or custody.To complicate matters, Amanda’s father just called you to demand you not enroll Amanda in school. He wants her to come home. He says Amanda ran away and Grandfather is actually an older male boyfriend. Amanda says her father kicked her out.

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Amanda Questions

• Initially, how would you get information about Amanda’s situation? What questions would you ask, to whom?

• Is Amanda eligible under these facts? What if she has her own room at Grandfather’s home, and he buys her a car to drive to school?

• What if Grandfather had hired a lawyer to explore getting custody of Amanda?

• If Amanda were, in fact, living with a boyfriend instead of a relative, what difference would that make?

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Step 3: Call for Back-up

• Your State Coordinator• National Center on Homeless Education

www.serve.org/nche• NAEHCY

The 100 Most Frequently Asked Questions on the Educational Rights of Children and Youth in Homeless Situations: www.naehcy.org/faq.html

• U.S. Department of Education’s Education for Homeless Children and Youths (EHCY) Program, www.ed.gov/programs/homeless/index.html

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Why It Matters

“…Through it all, school is probably the only thing that has kept me going. I know that every day that I walk in those doors, I can stop thinking about my problems for the next six hours and concentrate on what is most important to me. Without the support of my school system, I would not be as well off as I am today. School keeps me motivated to move on, and encourages me to find a better life for myself.”

Carrie, LeTendre Scholar, 2002