Transcript Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act National Center for Homeless Education at SERVE [email protected] www.serve.org/nche.

Rights and Services for Migrant
Children and Youth Under the
McKinney-Vento Act
National Center for Homeless Education at SERVE
[email protected]
www.serve.org/nche
Outline
• Determining homelessness among migrant
students
• Rights and services under McKinney-Vento
• Categorical eligibility for school meal program
• Suggestions for collaboration
National Center for Homeless Education • www.serve.org/nche
The McKinney-Vento
Homeless Assistance Act
• Stewart B. McKinney Homeless Assistance Act
(1987)
• Representative Stewart B. McKinney (R-CT) (19311987)
• Representative Bruce F. Vento (D-MN) (1940-2000)
• January 2002 Reauthorization – The McKinneyVento Homeless Assistance Act (Title X, Part C,
of the No Child Left Behind Act)
National Center for Homeless Education • www.serve.org/nche
Who Is Homeless?
• Lacks a “fixed, regular, and adequate nighttime
residence”:
• Doubled-up (living with others due to loss of housing or
economic hardship – not by choice)
• Motels, hotels, campgrounds (lack of alternative)
• Emergency or transitional shelters
• Public or private place not designed for human living
• Cars, parks, substandard housing, abandoned buildings,
bus/train stations
• Migrant children fitting the definition
MVHAA - Sec 725(2)
Migrant students that meet the McKinney-Vento
definition of “homeless” qualify for the services
and rights provided by the law.
National Center for Homeless Education • www.serve.org/nche
State and District
Responsibilities
• States
• Appoint a State Coordinator of Homeless Education
• Remove barriers, including revising state policy/law
• Ensure compliance with Title X, Part C
• Districts
• Appoint a Local Homeless Education Liaison
• Remove barriers, including revising district policy/law
• Ensure compliance with Title X, Part C
• Supremacy Clause: U.S. Constitution, Article VI
• Federal law supersedes state and local law/policy
National Center for Homeless Education • www.serve.org/nche
Who determines homelessness
and supports students?
• Every district has a local homeless education
liaison
• The local liaison is responsible for making
determinations of homelessness under
McKinney-Vento
• The local liaison links the homeless student to
services and resources and ensures that the
student’s education is protected
National Center for Homeless Education • www.serve.org/nche
Liaison Responsibilities
• Making determinations of homelessness
• Identifying homeless children and youth,
including unaccompanied youth
• Overseeing the protection of student rights
(immediate enrollment, access to services, etc.)
• Assisting unaccompanied youth
• Overseeing the prompt resolution of disputes
• Ensuring access to district preschool programs
National Center for Homeless Education • www.serve.org/nche
Student Rights
• Immediate enrollment, even if lacking paperwork
• School selection
• School of origin (if feasible)
• Local school
• Transportation to school of origin, if requested
by the parent (or, for unaccompanied youth, by
the liaison)
• Comparable services
• Prohibition of segregation
• Public posting of rights
National Center for Homeless Education • www.serve.org/nche
Unaccompanied Youth
• Definition: “not in the physical custody of a
parent or guardian”
• Living situation meets homeless definition
• Eligible for services under McKinney-Vento
regardless of reason for separation
• Ran away
• Forced to leave home
• All protections and rights under the McKinneyVento Act, including immediate enrollment, apply
National Center for Homeless Education • www.serve.org/nche
Preschool
• McKinney-Vento applies to public preschool
programs
• Liaisons ensure access to public programs
• Head Start collaboration to ensure access for
homeless preschoolers to public Head Start
programs (US HHS memo, 6/5/92)
National Center for Homeless Education • www.serve.org/nche
Dispute Resolution
• School must refer student/parent/guardian to the
liaison to carry out the dispute process
• State must have an established procedure
• Immediate enrollment and service provision
pending resolution
• School must provide a written explanation of its
decision, including the right to appeal
• Liaisons assist unaccompanied youth
National Center for Homeless Education • www.serve.org/nche
Title I and
Homeless Education
• Homeless students are automatically eligible for
Title I support
• State and district plans - demonstrate
coordination between Title I and Title XC
• Mandatory district set-aside
• Homeless students served
• Under Title I school-wide programs: by providing
comparable services or with set-aside
• Non-participating schools: with set-aside
National Center for Homeless Education • www.serve.org/nche
Special Education
• The Individuals with Disabilities Education Act
(IDEA) includes specific provisions for homeless
children and youth
• Expedited evaluations to assist in making prompt and
appropriate placement decisions
• Continuity of services for children and youth with IEPs who
transfer into a new school district
• Alignment between McKinney-Vento and IDEA - (States must
comply with McKinney-Vento as a condition of IDEA funding)
• Prompt appointment of surrogate parents (or temporary
surrogates, when needed) for unaccompanied homeless youth
• The identification and evaluation of young homeless children
with disabilities (Child Find component of IDEA)
National Center for Homeless Education • www.serve.org/nche
Free School Meal Eligibility
• Child Nutrition and WIC Reauthorization Act of
2004
• Categorical eligibility for free school meals
• Migrant students
• Homeless students
• Students in RHYA program
National Center for Homeless Education • www.serve.org/nche
Free School Meal Eligibility
(cont.)
• Documentation
• Dated list with children’s names
• Signature of the local liaison or migrant education
program coordinator
• No school meal application needed
• Effective
• Remainder of school year
• Up to 30 days into new school year
• Even if homeless/migrant status expires during the
year
National Center for Homeless Education • www.serve.org/nche
Collaboration at the
state level
• State migrant directors and homeless
coordinators should work together to:
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•
•
•
Review and revise policies
Establish new policies
Communicate these policies to staff and parents
Encourage local collaboration
National Center for Homeless Education • www.serve.org/nche
Collaboration at the
local level
• Local liaisons can provide the following to
migrant recruiters and home-school consultants:
• Understanding of McKinney-Vento legislation
• Assistance with integrating migrant children who fit
the definition of homeless into the public school
system
• Assistance with accessing resources
National Center for Homeless Education • www.serve.org/nche
Collaboration at the
local level (cont.)
• Migrant recruiters and home-school consultants
can provide the following to local liaisons:
•
•
•
•
•
•
Insights into local migrant work patterns
Understanding of unique needs of migrant students
Locations of migrant camps and communities
Facilitate communication with families
Facilitate communication with employers
Assistance with identifying homeless students
National Center for Homeless Education • www.serve.org/nche
Have a question
Need help?
Local Homeless Education Liaison
To find out who the local liaison in is your district, contact your State
Coordinator for Homeless Education.
State Coordinator for Homeless Education
To find out who your State Coordinator is, visit:
www.serve.org/nche/downloads/sccontact.pdf
or call the NCHE helpline at 800-308-2145.
National Partners for Homeless Education
The national partners work together to provide materials and
information to districts, service providers, and parents in a coordinated
and comprehensive fashion. (see next slide)
National Center for Homeless Education • www.serve.org/nche
National Partners
National Association for the Education of Homeless Children and Youth
(NAEHCY)
Barbara Duffield, Policy Director, [email protected]
www.naehcy.org Ph: 202-364-7392
National Center for Homeless Education (NCHE)
Diana Bowman, Director, [email protected]
www.serve.org/nche Ph: 336-315-7453
National Law Center on Homelessness & Poverty (NLCHP)
Joy Moses, Education Staff Attorney, [email protected]
www.nlchp.org Ph: 202-638-2535
U.S. Department of Education
Gary Rutkin, Coordinator, Education for Homeless Children and Youth
Program, [email protected]
www.ed.gov/programs/homeless/index.html Ph: 202-260-4412
National Center for Homeless Education • www.serve.org/nche