“HOMELESS 101”—THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

Deidra Thomas-Murray, MSW, LMSW

Homeless andFoster Care Liaison

St. Louis Public School DistrictStudents-In-Transition Office

801 N. 11Th Street.St. Louis, MO 63101

(314) 345-4501deidra.thomas-murray@slps.org

Donna CashState Homeless Coordinator

donna.cash@dese.mo.gov

CAN YOU TELL WHICH CHILD IS HOMELESS IN THIS PICTURE?

PERCEPTIONS HOMELESS STUDENTS…

Have body odor Hair is matted Over eat Are angry all the time Have a disturbance of emotions grades and test scores are poor Are late or tardy to school frequently Are socially inappropriate…defensive Use fighting to verbally express themselves Are aggressive Always on suspension

HOMELESS 101/OVERVIEW

Causes DefinitionChallengesEnrollmentSchool SelectionSegregation LunchEarly Childhood

Homelessness results from a complex set of circumstances. These circumstances require people to choose between food, shelter, and other basic needs.

CAUSES OF HOMELESSNESS• lack of affordable housing• deep poverty (intergenerational poverty)

• health problems• natural and other disasters• domestic violence• abuse/neglect

KEY DATA CONCERNING HOMELESS CHILDREN AND YOUTH IN AMERICA

39% of America’s homeless population are children

42% of homeless children are under 5 years of age and of the 42%, only 15% are enrolled in

pre-school

38% of the homeless population have less than a high school degree by age 18

50% of the homeless population report dropping out of school during the course of their education

HOW MANY CHILDREN AND YOUTH EXPERIENCE POVERTY?

a) 1.35 million children

b)10% of all children live in

poverty

c) 733,000-1.3 million youths

POVERTY• affects 1.35 million children*

• 10% of all children live in poverty

• 733,000-1.3 million youths experience poverty every year

• over 40% of all children who are homeless are under the age of 5

*Source: National Association for the Education of Homeless Children and Youth

Over 12,000 Missouri students were identified as

homeless in the 2007-2008

school year.

Number of homeless students attending St. Louis Public Schools in…

2007 – 18212008 – 1900 2009 – 25262010 – 26802011 – 29752012 – 3497

CHALLENGES FOR HOMELESS CHILDREN• Enrollment requirements – they may not have:oSchool or immunization recordsoProof of residence or guardianshipoOther records needed for enrollment

• They have high mobility. oCreates a lack of school stability and educational

continuity

• Lack of transportation, school supplies, clothing, etc.

• They may experience poor health, fatigue, and hunger.

• They often face prejudice and misunderstanding.

MCKINNEY-VENTO HOMELESS ACT REAUTHORIZED 2002 BY THE NO CHILD LEFT BEHIND ACT Main themes:

Support for academic success Child-centered and best interest of the student School stability School access

ASSUMPTIONS HOMELESS STUDENTS…

Have no place to live Like being alone Are dropouts Will never be anything Are unclean Always begging/greedy Are dumb Do not have parents Are abused Should have their own school and classrooms Cannot excel in school

DEFINITIONFor the purposes of the McKinney-Vento Homeless Assistance Act, homelessness is described as…

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

http://www.dese.mo.gov/divimprove/fedprog/discretionarygrants

Is there a time limit on how long a student can be considered homeless?

a) Yes, the student is only homeless for one school year.

b) No, there is no specific time limit on homelessness.

Is there a time limit on howlong a student can beconsidered homeless?

No, there is no time limit on homelessness.

Whether a child or youth meets the definition ofhomelessness depends upon their living

situation And their individual circumstances.

It is a case specific inquiry.

SOME EXAMPLES OF HOMELESSNESS• living in motels, hotels, camping grounds• living in an emergency or transitional shelter

• living in places not designed for humans to live

• living in cars, parks, abandoned buildings, bus or train stations

• migratory children also qualify as homeless when living under these same conditions

Students eligible for McKinney-Vento services include:

• Children who are runaways – even if their parents have provided or are willing to provide a home for them.

• Children who are “throwaway children” should be considered homeless until a fixed, regular, and adequate residence is established for them.

• Children who live with friends or relatives because of loss of housing or other similar situation should be considered homeless.

• Children living in “doubled up” situations may be considered homeless if the family is doubled up or tripled up because of loss of housing or a similar situation.

Students eligible for McKinney-Vento services include:

• School aged, unwed mothers or mother-to-be who reside in a home for unwed mothers should be considered homeless if they have no other available living accommodations.

• Undocumented children and youth have the same right to attend public school as U.S. citizens and are covered by the McKinney-Vento Act to the same extent as other children and youth (Plyler v. Doe).

Students eligible for McKinney-Vento services include:

ARE CHILDREN WHO ARE AWAITING FOSTER CARE PLACEMENT ELIGIBLE FOR MCKINNEY-VENTO SERVICES?

Yes or No?

Are children awaiting foster care eligible for McKinney-Vento services?

The answer is, yes.

Local homeless liaisons should coordinate with local public social service agencies in determining how best to assist homeless children/youth awaiting foster care placement.

Is transitional housing considered a homeless situation?

Yes or No

What do you think?

IT IS CONSIDERED A HOMELESS SITUATION…YES

The McKinney-Vento Act specifically applies to children and youth living in transitional shelters.

This term includes transitional housing programsand transitional living programs.

A Federal Court affirmed that transitional housing programs are covered by the McKinney-Vento Act.

Bullock v. Board of Education of Montgomery County, Civ. A. DKC 2002-0709 (D. Md.) memorandum decision filed November 4, 2002.

• Does the student have any legal rights to be in the home? In other words, can he/she be asked to leave at any time with no legal recourse?•Is the living situation intended to be temporary or long-term?•Did the student move into the home as an urgent measure to avoid being on the street or in another precarious situation?

QUESTIONS YOU MAY NEED TO ASK…

DO INCARCERATED YOUTH QUALIFY FOR MCKINNEY-VENTO PROTECTION AND SERVICES.

Yes or No?

INCARCERATED YOUTH QUALIFY FOR MCKINNEY-VENTO PROTECTION AND SERVICES.No.

Children and youth who are incarcerated for violation or an alleged violation of the law should not be considered homeless.

Incarcerated children and youth are part of the juvenile justice system.

THE MCKINNEY-VENTO ACT APPLIES TO CHILDREN AND YOUTH AGE 21 AND UNDER.

True or False?

THE MCKINNEY-VENTO ACT APPLIES TO CHILDREN AND YOUTH AGE 21 AND UNDER.

True.

The Act applies to children and youth age 21 and under, consistent with their eligibility for public education services under state and federal law.

The Individuals with Disabilities Education Act (IDEA), provides rights to access services until age 22, with the exception of students with disabilities who are Incarcerated as adults and students with disabilities who have earned a high school diploma.

If a student finds temporary housing across state lines from the school of origin, does the McKinney-Vento Act still apply?

Yes or No?

If a student finds temporary housing across state lines from the school of origin, does the McKinney-Vento Act still apply?

Yes. Since the McKinney-Vento Act is a federal law, it takes precedence over state laws.

You should have inter-LEA agreements thataddress potential transportation issues that

mayarise as homeless students transfer from one

LEAto another.

Homeless students in this situation should beallowed to attend their school of origin (if they

wish)and you must provide transportation.

Homeless eligibility can be handled in such a way that it does not violate privacy or jeopardize housing arrangements. It is up to the local liaison, enrollment staff, and/or other school personnel to be sensitive and discreet.

ENROLLMENT

A student experiencing homelessness should be enrolled

a) within 3 days of attempting to enroll

b) immediately

c) not until transportation has been arranged

d) not until health information has been obtained

A student experiencing homelessness should be enrolled

Immediately

ENROLLMENT • Enrollment questions must be grounded in sensitivity and respect.

• Invasive probing may destabilize the family or youth further and may create a barrier to the student’s enrollment, thereby violating the McKinney-Vento Act.

• Additionally, employing these techniques may violate the Family Educational Rights and Privacy Act (FERPA).

School Districts must not—

Require parents of homeless students to submit proof of

residency.

SCHOOL SELECTION

SCHOOL OF ORIGIN OR SCHOOL OF RESIDENCE

The school of origin is the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

The school of residence is the current physical dwelling where the homeless child or youth is sleeping.

SCHOOL SELECTION

SCHOOL SELECTION continued…

• Students can continue attending their school of origin

the entire time they are homeless and until the end of any academic year in which they move into permanent housing.

• If a student is sent to a school other than the school of origin or the school requested by the parent or guardian the LEA must provide the parent or guardian with a written explanation of its decision and the right to appeal.

TRANSPORTATION…

TRANSPORTATION

• Homeless students must be provided with transportation to and from their school of origin.

• For unaccompanied youth, transportation to and from the school of origin must be provided at the local liaison’s request.

• If the student’s temporary residence and the school of origin are in the same LEA, that LEA must provide transportation.

• However, if the student is living outside the school of origin’s LEA, the LEA where the student is living and the school of origin’s LEA must determine how to divide the cost of providing transportation .

• Transportation must also be provided for homeless students when comparable services are provided to other students.

TRANSPORTATION CONTINUED…

SEGREGATION

While waiting on school records or assessments, LEAsa)May keep homeless students in “transitional

classrooms” in shelters, to receive educational services while they are being assessed or while they wait for school records.

b) Must enroll homeless students immediately.

While waiting on school records or assessments, LEAs

Must enroll homeless students immediately.

Placing homeless students in “transitional classrooms” is illegal—

Even if those classrooms are in homeless shelters.

SEGREGATION

School District cannot segregate homeless students

• they cannot have separate programs within the school or

• have separate settings within the school

IF A HOMELESS STUDENT RESIDES IN A DOMESTIC VIOLENCE SHELTER, THE SCHOOL:a) Should take all necessary steps to protect

children who are victims of domestic violence and keep the students in the regular school program.

b) May separate homeless students from the regular school program for their protection.

Should take all necessary steps to protect childrenwho are victims of domestic violence and keep the students in the regular school program.

IF A HOMELESS STUDENT RESIDES IN A DOMESTIC VIOLENCE SHELTER, THE SCHOOL:

School Districts must adopt policies and practices to ensure students are not segregated or stigmatized on the basis of their status as homeless.

SCHOOL LUNCH

SCHOOL LUNCHESHomeless children and youth automatically qualify for the Free and Reduced lunch program.

• They do not have to have a parent/guardian signature.

EARLY CHILDHOOD

EARLY CHILDHOOD (HEAD START)

Head Start reauthorization includes a definition of homelessness that matches the definition of homelessness in the education subtitle of the McKinney-Vento Homeless Assistance Act, which governs public schools.

• Homeless children are categorically eligible for Head Start [42 U.S.C. 9840(a)(1)(B)].

• Implies that verification of homeless living situation suffices.

• Under McKinney-Vento, determinations of eligibility are case-by-case, individualized.

HEAD START AND HOMELESS

MAKE A DIFFERENCE TODAY

MAKES A DIFFERENCE TOMORROW

"When you take action on ideas and tactics you will begin to uncover great potential and begin to unleash it for the betterment of yourself, your organization and the world.“ ~ Kevin Eikenberry 

Thank you for participating in this

workshop!

I am a resource for you. Feel free to contact me

at:(314)345-4501

or via emaildeidra.thomas-

murray@slps.org

I _________________ have completed the “Homeless 101” McKinney–Vento Act Workshop.

Signature: __________________

Date: ______________________

Presenter: Deidra C. Thomas-Murray, MSW, LMSW Homeless and Foster Care Liaison

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