Transcript No Slide Title

Texas Homeless
Education Office
The University of Texas at Austin
Charles A. Dana Center
2901 N IH 35, Room 2.200
Austin, Texas 78722
1-800-446-3142
http://www.utdanacenter.org/theo
Jointly sponsored by:
The United States Department of Education
The Texas Education Agency
Region 10 Education Service Center
The Charles A. Dana Center at the
University of Texas at Austin
Part B:
The McKinney-Vento
Homeless Education
Assistance Improvements
Act of 2001
The Legal Framework
 Federal statutes provide the
foundation for the education of
children and youth experiencing
homelessness.
 State statutes, passed in response to
the federal laws, provide an additional
framework in Texas for the education of
children and youth experiencing
homelessness.
The Federal Law
A quick overview of the basic
provisions in the
McKinney-Vento Homeless Education
Assistance Improvements Act of 2001:
Equity Through High Standards
and Accountability
Students experiencing homelessness
have an opportunity to meet challenging State
academic achievement standards
 Closing the Achievement Gap
 Focus on What Works
 Increasing Accountability for
Student Performance
“The first and primary use of local data is to
improve programs.” Joseph Johnson, Jr.,
former Compensatory Education Program Director
McKinney-Vento Homeless
Education Act of 2001
Students’ Access to School
 Requires schools to
immediately enroll children
and youth experiencing
homelessness
 Requires a liaison in
every school district
 Requires public notice
of educational rights of children and youth
experiencing homelessness disseminated
in every school district
McKinney-Vento Homeless
Education Act of 2001
Educational Stability
and Continuity
 Requires schools to keep
children in the school of origin,
except where contrary to the
wishes of the parent or guardian
 Child or youth’s right to attend their school
of origin extends to entire duration of
homelessness
 Requires removal of barriers that contribute
to exclusion or enrollment delay
McKinney-Vento Homeless
Education Act of 2001
Parental Options and Involvement
 Requires parents to be fully informed of the
enrollment options and educational
opportunities available
 Requires schools to provide written
explanations to parents regarding disputes
over school selection and enrollment and
referral to liaisons for dispute resolution
 Requires parents to be provided with
meaningful opportunities to participate in
the education of their children
McKinney-Vento Homeless
Education Act of 2001
Educational Rights of
Unaccompanied Youth
Requires youth to be fully informed of their
enrollment options and available
educational opportunities
 no separate schools based
on homelessness
 comparable services
(transportation, nutrition,
educational programs and services)
McKinney-Vento Homeless
Education Act of 2001
Integration of Children and Youth
Experiencing Homelessness
 Prohibits segregation of
students into separate
schools or separate
classrooms within schools
 Requires posting public
notice of educational rights
in every school
McKinney-Vento Homeless
Education Act of 2001
The basic provisions of the
McKinney-Vento Act provide the
framework for the duties assigned
to the Local Educational Agency
Homeless Liaison.
Remember . . .
Establish a Homeless Liaison
 A homeless liaison is a point person
for homeless and highly mobile
families at your school or district.
 A homeless liaison is knowledgeable
about all the laws and local rules that
are relevant to homeless and highly
mobile families… and the local shelter
policies and procedures.
McKinney-Vento Homeless
Education Act of 2001
Role of LEA LIAISON
Ensure identification of students
through coordination with school
personnel and other agencies
Ensure enrollment with full and
equal opportunity to succeed in
school (e.g., Head Start, Even
Start preschool, health care,
dental, mental health, etc.)
Ensure parent/guardian or youth
is informed of educational rights
McKinney-Vento Homeless
Education Act of 2001
Role of LEA Liaison
 Assist unaccompanied youth with placement,
enrollment, and knowing their rights
 Disseminate public notices of
educational rights
 Inform and assist with
accessing transportation
 Mediate enrollment disputes
 Coordinate and collaborate
McKinney-Vento Homeless
Education Act of 2001
School administrators
(superintendents and principals), as
the agents of school districts, must
insure that the McKinney-Vento Act
provisions are implemented.
McKinney-Vento Homeless
Education Act of 2001
Service providers (shelter intake staff,
children’s activity coordinators,
counselors, community agencies) are
also a critical component to the
success of the McKinney-Vento Act and
the dissemination of information to
those who benefit from its provisions.
The Federal Law
The McKinney Act is the primary
federal legislation that addresses
homelessness in the United
States.
The McKinney Act was originally passed
in 1987.
The McKinney Act provides the statutory
definition of homelessness.
The Education Subtitle of
the McKinney Act
Although the McKinney Act was an
omnibus bill that addressed many different
kinds of assistance, one of the most
important sections was the part that dealt
with education,
Subtitle B of Title VII.
Subtitle VII-B was important
because it required...
 that all homeless youth have access to
a free and appropriate public
education;
 that every state review and revise all laws,
regulations, practices, or policies that may act
as a barrier to the enrollment, attendance, or
success in school of homeless children; and
 that homeless children and youth have access
to the education and services they need to
ensure them an opportunity to meet the same
challenging state standards to which all
students are held.
The Federal Law
The education portion of the
McKinney Act (Subtitle VII-B)
has been amended by the
McKinney-Vento Homeless Education
Assistance Improvements Act of 2001. . .
The Federal Law
. . . also known as
Title X Part C
No Child Left Behind Act - 2001
“Our children need adults who focus on results.”
Secretary Rod Paige
Definitions of Homeless
Children and Youth
 Lack fixed, regular, and
adequate nighttime
residence
 Share housing (due to
loss or hardship)
 Live in hotels, motels,
campgrounds, emergency
or transitional shelters; were abandoned in
hospitals; or are awaiting foster care
Definitions of Homeless
Children and Youth
 Primary nighttime
residence not designed
for ordinary use as a
regular sleeping
accommodation
 Live in cars, parks,
public spaces,
abandoned buildings,
substandard housing, or
bus or train stations
Definitions of Homeless
Children and Youth
 Unaccompanied
youth (youth not in
the physical
custody of a parent
or guardian)
 Migratory children
who qualify as
homeless because
of their living
situation
McKinney-Vento Homeless
Education Act of 2001
Other Definitions:
 Enroll and Enrollment –
include right to attend classes
and participate fully in school
activities
 School of Origin – school that
child or youth attended when
permanently housed or last enrolled
 Comparable Services – services offered to
other students in the school selected
The State Law
The Texas Education Code has
two important provisions which
directly affect homeless
students:
 § 25.085. Compulsory School Attendance.
Requires that all children attend
school from the age of 6 until they
turn 18.
The State Law
§ 25.001. Admission(b)(5)
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the
district free of tuition a person who is over five
and younger than 21 years of age on the first day
of September of the school year in which
admission is sought if:
(5) the person is homeless, as defined by 42
U.S.C. Section 11302, regardless of the residence
of the person, of either parent of the person, or of
the person's guardian or other person having
lawful control of the person…
Texas State Education Code
(TEC) Enrollment Provisions
Students Living Separate and Apart
from Parents and Legal Guardians
can attend school as long as:
 the student’s presence in the
district is not primarily for
participation in extracurricular
activities;
 the student has not been
expelled or removed to an
alternative education
program in the previous year;
Texas State Education Code
(TEC) Enrollment Provisions
Students Living Separate and Apart
from Parents and Legal Guardians
can attend school as long as:
 the child or youth is not on
probation or in need of
supervision because of
delinquent conduct; or
 the child or youth has not been
convicted of a criminal offense
and is not on probation or
other conditional release.
Texas Education Code §25.001(d)
(d) For a person under the age of 18
years to establish a residence for the
purpose of attending the public
schools separate and apart from the
person's parent, guardian, or other person having
lawful control of the person under a court order, it
must be established that the person's presence in
the school district is not for the primary purpose
of participation in extra-curricular activities. The
board of trustees shall determine whether an
applicant for admission is a resident of the school
district for purposes of attending the public
schools and may adopt reasonable guidelines for
making a determination as necessary to protect
the best interests of students.
Texas Education Code §25.001(d)
The board of trustees is not
required to admit a person under
this subsection if the person:
(1) has engaged in conduct or misbehavior
within the preceding year that has resulted
in:
(A)removal to an alternative education
program; or
(B)expulsion;
(2) has engaged in delinquent conduct or
conduct in need of supervision and is on
probation or other conditional release for
that conduct; or
(3) has been convicted of a criminal offense and
is on probation or other conditional release.
Texas Education Code (TEC)
School Selection Provisions
Texas state provisions
guarantee students the rights
and access to public education
stipulated in the McKinney-Vento
law.
However, Texas law also
stipulates that children
experiencing homelessness may
choose the school district they
wish to attend.
Texas Education Code §25.001(b)(4)
(b) The board of trustees of a school
district or its designee shall admit
into the public schools of the district
free of tuition a person who is over
five and younger than 22 years of age on the
first day of September of the school year in
which admission is sought if:
(4) the person is homeless, as defined by 42
U.S.C. Section 11302, regardless of the
residence of the person, of either parent of the
person, or of the person's guardian or other
person having lawful control of the person....
McKinney-Vento Homeless
Education Act of 2001
Transportation
Provisions
LEAs must adopt policies and
practices to ensure transportation is
provided, at request of parent of guardian
(or liaison on behalf of unaccompanied
youth), to and from the school of origin
McKinney-Vento Homeless
Education Act of 2001
Enrollment Disputes
 Admit child or youth immediately
pending resolution of dispute
 School must provide parent/
guardian or youth with written explanation of
decision including statement of rights
 Referral to liaison for dispute resolution
 Liaison ensures unaccompanied youth is
immediately enrolled
Coordination with Title I
 Title I requires that
districts provide
services for children
and youth who live in
homeless situations
 Children and youth
experiencing
homelessness are
automatically eligible
to receive Title I
services by virtue of
their homelessness
Title I Requirements
 SEAs have to submit a Title I Part A plan
coordinated with the McKinney-Vento Act –
Sec. 1111
 LEAs have to submit to SEAs a Title I Part A
plan that is coordinated with McKinneyVento and describes services and setasides – Sec. 1112
Title I Requirements
Reservation of Title I Funds –
a local education agency needs
to reserve funds to provide
comparable services for eligible homeless
children who do not attend participating
schools, including providing
educationally related support services to
children in shelters and other
locations where
children may live.
- Sec. 1113
Free and Reduced Price Lunch
USDA memo and the TEA
Child Nutrition Programs Guidance
 Documentation of free meal eligibility for
homeless children
 Homeless children residing with another
household
Special Education Provisions
TEA Commissioner Rules
on temporary placement
 Use of existing ARD and IEP records
 Transfer of records from previous campus
 Assignment of a surrogate parent
Additional Organizations
 National Coalition for the Homeless
www.nationalhomeless.org
 National Law Center for Homelessness
and Poverty www.nlchp.org
 National Association of the Education of
Homeless Children and Youth
www.naehcy.org
 National Network for Youth
www.NN4Youth.org
Additional Organizations
 National Center for Homeless Education
(NCHE) www.serve.org/nche
 United States Department of Education;
McKinney-Vento Program
www.ed.gov/OFFICES/CEP
McKinney-Vento Homeless
Education Act of 2001
“We stand on the brink of comprehensive
change in the culture of education .”
Secretary Rod Paige
Texas Homeless
Education Office
The University of Texas at Austin
Charles A. Dana Center
2901 N IH 35, Room 2.200
Austin, Texas 78722
1-800-446-3142
http://www.utdanacenter.org/theo