Transcript McKinney-Vento Program

Foster Youth Services and McKinney-Vento
Homeless Assistance Program
Bakersfield City School District
Randall Ranes, Director
Melissa Hoyt, Interim Supervisor
Suzanne Guest, District Liaison:
Homeless/Foster Children Services
September 2012
Questions and What Do
You Hope to Learn?
Issues
Concerns
Obstacles
Planning
Coordination
FOSTER & HOMELESS
Agenda/Objectives
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Rationale for law, policy, and procedure concerning
homeless students and foster youth
How does a child become a “foster youth”?
Defining the person(s) provided rights under the
homeless laws and the length of that protection
District procedures to identify and locate homeless and
foster students
Legal requirements
School enrollment and attendance
Dispute resolution
Transportation
Community resources and contact information
District resources and contact information
FOSTER & HOMELESS
Who Qualifies as a Foster Youth?
A child who has been removed from his/her home
due to abuse, neglect, or abandonment or because
the child has violated the law.
FOSTER
Overview of Child Removal and Efforts
to Reunify Family
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The dependency process involves many steps and can take years.
Minors who are either dependents or are in the process of being
declared a dependent may be any of the following:
In-Home placement
◦ Under the custody and control of his or her custodial parents.
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Out-of-Home placement
◦ Under the custody and control of a guardian. A guardian could be a
relative or foster parent (Welfare and Institutions Code 360[a]; Cal Rules of Ct., Rule
1456[b]).
◦ Under the custody and control of the county probation department or
social services department. These are students for whom a guardian is
not appointed. They may reside in group homes, foster care, licensed
children’s institutions, an approved home of a relative, an approved
home of a nonrelative extended family member as defined in section
362.7 (Welfare and Institutions Code 361.2) (Author, May 11, 2006. Law Offices of Best
Best & Krieger).
FOSTER
Educational Barriers
Affecting Foster Youth
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Research indicates that 83% of foster children are held back by the
third grade, 75% are working below grade level, over 35% are in
special education, and as few as 15% enroll in college.
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The lack of educational stability is thought to be the single biggest
hurdle to educational achievement for foster youth. Students who
change schools often are, on average, one year behind their less
mobile peers on standardized tests (Sen. Com. on Education,
Analysis of Assem. Bill No. 490 [2003-2004 Reg. Sess.] as amended
July 2, 2003, p. 6)
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Frequent school changes have been correlated with lower
academic achievement (Popp, 2004)
FOSTER
Requirements Under Laws
Protecting Foster Youth
Stay in School of Origin. A foster student has a legal right to:
1. continue to attend the “school of origin” for the duration of
the jurisdiction of the court.
NOTE: As long as the student is in a foster placement, they may remain in
their school of origin regardless of where they move (even if it is out of
district). Transportation is NOT provided by the school district;
attend school of residency, or
3. attend the school of “best interest” as determined by the
District Liaison, person with educational rights, and foster
youth.
2.
FOSTER
Requirements Under Laws
Protecting Foster Youth (Continued)
Immediate enrollment in school without proof of
residency, immunization records, clothing normally required
by the school (e.g., school uniforms) school records or other
documents required for enrollment by school (e.g.,
immunization).
 Full participation in all school programs and school
activities for which they are eligible.
 Rapid record transfer within 2 business days after foster
student moves to include educational information, transcripts,
and credits earned.
 Grades. The right to not have his/her grades lowered if the
student was absent from school due to court-ordered
activities, a court appearance or decisions involving the
student’s placement .
FOSTER
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Related Definitions
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Person holding the right to make educational decisions means a
responsible adult appointed by a court pursuant to Welfare and Institutions Code
361or 727 (This is the biological parent unless the court terminates that parent’s
rights).
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School of origin means the school that the foster or homeless student attended
when permanently housed or the school in which the student was last enrolled
(Education Code Section 48853.5; Title 42, United States Code, Section 11432).
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School of Residence means the school in which a student is deemed to have
complied with the residency requirements for school attendance (Education
Code Section 48204).
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Best interest means that, in making educational and school placement
decisions for a foster youth, consideration is given to, among other factors,
educational stability, the opportunity to be educated in the least restrictive
educational setting necessary to achieve academic progress, and the
foster youth's access to academic resources, services, and extracurricular
and enrichment activities that are available to all District students
(Education Code 48850, 48853).
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County placing agency means the county social services department or county
probation department (Education Code Section 48859).
FOSTER & HOMELESS
Authority of Foster Parent, Foster Family
Agencies, and County Placing Agency
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Decision Making. A foster parent does not have education rights unless the
natural parent’s authority to make educational decisions on the child’s behalf
has been specifically limited by court order pursuant to law (e.g., valid court
order terminating the parents rights) (See BP 606.10 for Special Education
application)
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Records. Foster family agencies with jurisdiction over currently enrolled or
former students may access those students' records of grades and transcripts,
and any Individualized Education Program developed and maintained by the
district with respect to such students (Education Code Section 49069.3)
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Records. Any county placing agency, for the purpose of fulfilling educational
case management responsibilities required by the juvenile court or by law
pursuant to Welfare and Institutions Code 16010 and for the purpose of
assisting with the school transfer or enrollment of a student may access those
particular pupil records relevant to the legitimate educational interests of the
requester (Education Code Section 49076)
(See PUPIL RECORDS, BP 605.7)
FOSTER
Why is it so Important to Know Who Has
Educational Rights and Their Contact Information?
Example School Business
 Who receives all the legally required notices?
 Who authorizes field trips (waiver of liability)?
 Who consents to the administration of
medication?
 Who receives report cards? Test scores?
 Who participates in parental involvement
activities, such as School Intervention Teams?
 If there is a discipline problem who gets the
notice of detention, suspension, etc.?
FOSTER
Procedures to Identify or Locate
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Standardized Forms (Protocols for Foster Youth Handout)
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Complete School (Foster student status/tracking and
educational rights)
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Enrollment review (Name of foster parent compared
to name of enrolled student, need a foster youth
form?)
Note: As soon as the county placing agency becomes
aware of the need to transfer a pupil in foster care
out of his or her current school, the county placing
agency shall contact the appropriate person at the
local educational agency of the pupil (Education Code
Section 49069.5 Subsection “c”)
FOSTER
School Placement Decision
Transfer and Authority for Transfer.
When certain conditions are met, the foster
student has the right to transfer to a school
other than the school of origin but the law
assigns this decision as a duty of the school
district liaison, with the required involvement
of parent/guardian, or other person holding
educational rights and foster youth to
determine whether the best interests of the
youth would be served by this transfer.
FOSTER
May a Foster Student Enroll in any District School
Selected by the Foster Parent or DHS Worker?
No, but . . . the liaison, in consultation with and the
agreement of the foster child and the person
holding the right to make educational decisions
for the foster child may, in accordance with the
foster child's best interests, recommend that the
foster child's right to attend the school of origin be
waived and the foster child be enrolled in any
public school that pupils living in the attendance
area in which the foster child resides are eligible
to attend (Education Code Section 48853.5 [d][2]).
FOSTER
Record Access for County Placing
Agency and Foster Family Agency
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Foster family agencies with jurisdiction over currently enrolled or
former students may access those students' records of grades and
transcripts, and any Individualized Education Program developed and
maintained by the district with respect to such students (Education
Code Section 49069.3).
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Any county placing agency, for the purpose of fulfilling educational
case management responsibilities required by the juvenile court or by
law pursuant to Welfare and Institutions Code 16010 and for the
purpose of assisting with the school transfer or enrollment of a
student may access those particular pupil records relevant to the
legitimate educational interests of the requester (Education Code
Section 49076).
(See PUPIL RECORDS, BP 605.7)
FOSTER
Immediate Enrollment
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Schools must immediately enroll a foster
student even when the person enrolling the
student is unable to provide records
normally required for enrollment such as:
Medical records
Birth Certificates
Required dress items
Proof of guardianship
School records
Immunization or
FOSTER & HOMELESS?
Other documents
What if the Foster Student Stays in the
Same School?
When a student becomes a foster student and continues
attending the school s/he was previously attending, there is
(obviously) no need to transfer records or to be concerned
with “immediate enrollment” and there may be no concern
attendance will continue.
However, schools still need to identify the student as foster
for other changes such as the student automatically qualifies
for free/reduced lunch, the staff needs notice of the foster
student’s rights (e.g., grades can’t be lowered), and possible
changes to the person with education rights.
FOSTER
Record Update and Transfer
Requirements
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Within 2 business days after a foster student
moves, the foster student’s previous school
must transfer the student out (update the
pupil’s record) and deliver the student’s
educational record to the next school. The
record must include a determination of seat
time, full or partial credits earned, classes,
grades, immunizations and, if applicable, special
education or Section 504 plans (Education Code
49069.5).
FOSTER
Protection for Grades, Credits, and
Graduations
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Grades cannot be lowered due to:
◦ Absences caused by change in placement
◦ Attendance at court hearing; or
◦ Court ordered activity
FOSTER
Eligibility for Extracurricular
Activities
A foster youth who changes residences
pursuant to a court order or decision of
a child welfare worker shall be
immediately deemed to meet all
residency requirements for participation
in sports or other extracurricular
activities (Education Code 48850).
FOSTER
How Long Do the Rights Apply?
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Stay in School of Origin. A foster
student has a legal right to remain in
his/her school of origin for the duration
of the jurisdiction of the court. As long as
the student is in a foster placement, they
may remain in their school of origin
regardless of where they may move (even
if it is out-of-district).
FOSTER
Is a Foster Student Protected Under Laws
for Students Experiencing Homelessness?
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The requirements of the federal
McKinney-Vento Homeless Assistance Act
(42 USC 11431-11435) apply to foster youth at
specific times (i.e., when they are living in
emergency or transitional shelters and
when they are awaiting foster care
placement).
FOSTER & HOMELESS
Transportation
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Foster and Qualified as Homeless. The school district may be
specifically responsible for transportation if the child is considered
homeless under federal laws known as “McKinney-Vento” or if he/she
qualifies for special education. McKinney-Vento requires that school
districts provide transportation to a homeless student’s school of origin
(42 U.S.C. § 11432 (g)(4)). Thus, in some cases, both foster student laws
and McKinney-Vento will apply.
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Foster, but not Homeless. The District shall not be responsible for
providing transportation to and from the school of origin.
Education Code § 48850(a) states, “educators, county placing agencies,
care providers, advocates, and the juvenile courts shall work together to
maintain stable school placements and to ensure that each pupil is
placed in the least restrictive educational programs, and has access to
the academic resources, services, and extracurricular and enrichment
activities . . .”
FOSTER & HOMELESS
Dispute Resolution
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If any dispute arises regarding the request of a
foster youth to remain in the school of origin,
the youth has the right to remain in the school
of origin pending resolution of the dispute
(Education Code 48853.5).
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If a parent/guardian or foster youth disagrees
with the liaison’s enrollment decision, he/she
may appeal the decision to the Superintendent
or designee.
FOSTER
Who Qualifies as a
Homeless Student?
HOMELESS
Barriers to School Attendance of
Homeless Children
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Enrollment requirements by schools
School uniform or supply
requirements
Transportation to and from school
High mobility rate
Inappropriate classroom placement
Poor health and/or nutrition
Poor hygiene
Note: Law has been written to help
remove or reduce these
obstacles.
HOMELESS
Why is Law Needed
to Protect Homeless?
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Homeless children and youth face unique challenges
Minimizing the barriers to academic achievement is done
with hopes of breaking the cycle of poverty in their families
Residential Mobility Nearly 100% of homeless families
move at least once annually; one in five move three or
more times annually
School Mobility Frequent school changes have been
correlated with lower academic achievement (Popp, 2004)
Enrollment Delays Students have experienced delays in
school attendance from enrollment requirements (e.g.,
proof of residency, immunizations)
Poor Health and Nutrition Students are often forced
to skip meals or have meals of limited nutrition, which may
result in school absence
HOMELESS
When is a Student/Family Covered under
McKinney-Vento?
Preschool and school age children and youth are guaranteed
education-related rights by the federal and state law if they:
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Share housing of other persons due to loss of housing,
economic hardship or a similar reason.
Live in a motel, hotel, trailer park, or camping ground due to
lack of alternative adequate housing.
Live in an emergency or transitional shelter (family, domestic
violence, youth shelter, or transitional living program).
Are abandoned in a hospital.
Are awaiting foster care placement.
Have a primary nighttime residence that is a public or private
place not designed or ordinarily used for sleeping.
Live in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings.
Are migratory children living in a condition(s) described above.
Title 42, United States Code, Section 11435; Board Policy 400.52, Education for
Homeless Children
HOMELESS
Are Families Who Move In With Relatives Or
Friends Covered By The Act?
In many circumstances, yes. Children and youth who are
sharing the housing of others due to loss of housing,
economic hardship, or a similar reason are covered by
the McKinney-Vento Act (Title 42 U.S.C.
§11434A(2)(B)(i)).
Families who share adequate housing due to cultural
preferences or convenience would not be covered by the
Act. Also, families who are sharing housing on a
permanent basis are unlikely to be covered by the Act.
Author. (2004). National Association for the Education of Homeless
Children and Youth and the National Law Center on Homelessness &
Poverty, 2004.
HOMELESS
How Long Do the Rights Apply?
The right to attend the school of origin
continues:
◦ for the duration of the homelessness AND
◦ until the end of any academic year in which
the student moves into permanent housing
(Title 42, United States Code, Section 11432).
HOMELESS
Students and families can be referred to the
District Liaison for Homeless for possible
identification and services by:
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School Clerks
Counselors
Teachers
Custodians
Campus Supervisors
Principals,VP, & Dean
Parent/student
Community Members
Local agency personnel
Others
HOMELESS
Procedures to Identify or Locate
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Awareness of rights, services, and programs
◦ Notices (e.g., brochure) to include dissemination at places
homeless children may be receiving services;
◦ Staff training; and
◦ Coordination with other entities and agencies.
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Student Residency Questionnaire (PS-29)
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McKinney-Vento Homeless Referral Form (PS-28)
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Contacting Bakersfield City School District Staff assigned
to the program
HOMELESS
Requirements Under McKinney-Vento Law
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Immediate enrollment in school without a permanent address,
proof of residency, immunization records, school records, or other
normally required enrollment documents.
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Continue to attend the school in which they were last enrolled or
the school enrolled when permanently housed (school of origin), or
attend the school nearest their current residence.
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Fully participate in all school programs and school activities for
which they are eligible.
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Upon parent request, receive transportation to and from school.
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Automatically qualify for free and reduced price lunches and any
other district food programs (no application required or income
documentation).
HOMELESS
School Placement Decision
To the extent feasible, a Homeless Student is placed in his/her school of origin,
unless
his/her parent/guardian requests otherwise (Title 42, United States Code, Section 11432).
When making a school placement decision, the Liaison may consider:
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Age of the student;
Distance of the commute;
Impact placement may have on the student’s education;
Personal safety issues;
Student’s need for special instruction;
Length of anticipated stay in the temporary shelter or other temporary
location;
Likely area of future housing;
School placement of siblings; and
Time remaining in the school year.
Note:
to
Placement at school other than school of origin or placement at school
requested by parent requires a written explanation by District Liaison:
Homeless/Foster Children Services and a notice the parent has the right
appeal this decision.
HOMELESS
May a Homeless Student Enroll in any
District School Selected by the Parent?
A school district is not required to enroll a student
experiencing homelessness in the school requested
by the student’s parent unless it is the school of
origin or school of residence. The school (i.e.,
District Liaison: Homeless/Foster Children
Services) may consider the parent’s request and
may determine it is in the child’s best interest to be
enrolled in a school the parent “selected.”
HOMELESS
Immediate Enrollment
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Schools must immediately enroll any student
experiencing homelessness even when the
parent/guardian is unable to provide records
normally required for enrollment such as:
Medical records
Birth Certificates
Required dress items
Proof of guardianship
School records or other documents
HOMELESS
Immediate Enrollment (Continued)
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Rapid Record Transfer. The principal/designee shall
immediately contact the school last attended by the
student to obtain records.
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No Immunizations? If the student needs to obtain
immunizations or does not possess immunization or
other medical records, refer the parent/guardian to the
District Liaison: Homeless/Foster Children Services for
help in obtaining the necessary immunizations or
immunization records for the student.
(Title 42, United States Code, Section 11432, and AR 400.52,
Education for Homeless Children)
HOMELESS
Residency for Homeless Children
Homeless students living in the district shall be admitted to district
schools upon presentation of any of the following:
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Hotel or motel receipts.
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A letter from a social service agency or homeless shelter verifying
that the student lives within the district.
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An affidavit from the parent/guardian stating that the family lives
within the district.
A reasonable effort shall be made (by staff) to secure an address,
phone number and medical information from the parent/guardian when
a student is placed in a classroom.
Board Policy 602.15, Residency for Homeless Children
HOMELESS
Immediate School Enrollment
and Disputes
If a dispute arises over school selection or
enrollment in a particular school, the
student shall be immediately admitted to
the school in which enrollment is sought,
pending resolution of the dispute (Title 42,
United States Code, Section 11432).
HOMELESS
Overview of Disputes
Parent has a right to appeal the school placement
decision
 Parent may file a complaint alleging failure of the
District to comply with state and/or federal laws
 Disputes require a referral to the District Liaison:
Homeless/Foster Children Services
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Sequence of appeals (Liaison, District/Uniform
Complaint Procedures, Office of Kern County
Superintendent of Schools, and the California
Department of Education)
HOMELESS
Transportation
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The district shall provide transportation for homeless students to
and from a district school of origin when the student is residing
within the district and the parent/guardian requests that such
transportation be provided.
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A homeless student attending his/her school of residence is
provided transportation services comparable to the services
offered to other students.
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If the student moves outside of district boundaries but continues
to attend this district’s school of origin, the Superintendent or
designee shall consult with the Superintendent of the district in
which the student is now residing to agree upon a method to
apportion the responsibility and costs of the transportation (Title
42, United States Code, Section 11432).
HOMELESS
Bakersfield Homeless Center
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The mission of the Bakersfield Homeless Center (“BHC”) is to
provide support and resources to families and individuals in crisis
while helping them achieve their highest level of self-sufficiency.
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BHC provides year-round emergency shelter, food, clothing and
supportive services.
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BHC Emergency Services: Food; Shelter; Clothing; Mail
Service; Hygiene Kits; Laundry; Restrooms and Showers; Phone
Messages.
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BHC Social Services: Food & Shelter; New View Family
Program; Client Services; Health Care; Counseling; Case
Management; Child Care (Licensed childcare center and on-site
childcare offering activities for pre-school and school-aged
children while parents are involved in on-site activities); Homeless
Court; Job Skills Program; Job Development and Placement
Program; Housing Assistance Program; Homeless Prevention
Services; Aftercare Program.
Website: http://www.bakhc.com/ Located at 1600 E. Truxtun
Avenue Bakersfield Ca 93305; Telephone: 322-9199
HOMELESS
McKinney-Vento Staff
Department of Student Services
Suzanne Guest, District Liaison
(661) 631-4910 or 13022 within BCSD
(661) 319-9185 Mobil Phone
Deyanira Haro, Community Relations Liaison
(661) 631-4910 or 13021 within BCSD
Julie Torres, Community Relations Liaison
(661) 631-4910 or 13023 within BCSD
Karen Luque, Clerk
(661) 631-4910 or 13020 within BCSD
FOSTER & HOMELESS
Summary + Q & A
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Schools May Not Know Which Students are Foster Students.
Using data from published Kern County foster child placement rates,
school districts have identified only a small portion of their enrolled foster
students. In 2006-07 the District identified 16 foster students with a
minimum projected population of 300 students.
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Multiple Methods Are Needed to identify foster students and the
(parent or other) person with education rights in a timely fashion
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Foster students need to be tracked electronically
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Awareness and training of staff is needed (brochures, posters)
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Standardized protocols for enrollment, identification, and tracking are
needed
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DHS workers and foster parents should not be changing a foster student’s
school of origin without the District Liaison and person with educational
rights
FOSTER & HOMELESS
Summary + Q & A (cont.)
Rationale for law, policy, and procedure concerning
homeless
 Defining the person(s) provided rights under the
homeless laws and the length of that protection
 District procedures to identify and locate homeless
 Legal requirements to include key concepts
 School enrollment and attendance
 Dispute resolution
 Transportation
 Community resources and contact information
 District resources and contact information
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FOSTER & HOMELESS