Transcript Document 7292542

Advanced
McKinney-Vento
Gary Rutkin,
Federal Program Coordinator,
USDE
[email protected]
Barbara Duffield
Policy Director, NAEHCY
[email protected]
Joy Moses
Staff Attorney, NLCHP
[email protected]
Patricia Julianelle
Pro Bono Counsel, NAEHCY
[email protected]
Getting Started
 We’ve provided note cards and “100 Most Frequently
Asked Questions” on your chairs (extras are available
at the front).
 Please first consult the FAQ to see if your question is
addressed there.
 If your question is not addressed, or you need
additional clarification, please write one question on
each note card.
 If you like, write your email address on the card; if we
can’t get to your question today, we’ll email you after
the conference.
 We’ll collect the note cards and start our conversation
in about 10 minutes.
Definitions
The term 'homeless children and youths' (A) means individuals who lack a fixed, regular, and
adequate nighttime residence; and
(B) includes(i) children and youths who are sharing the housing of
other persons due to loss of housing, economic
hardship, or a similar reason;
are living in motels, hotels, trailer parks, or camping
grounds due to the lack of alternative adequate
accommodations;
are living in emergency or transitional shelters;
are abandoned in hospitals; or
are awaiting foster care placement;
Definitions (cont.)
(ii) children and youths who have a primary nighttime
residence that is a public or private place not
designed for or ordinarily used as a regular
sleeping accommodation for human beings;
(iii) children and youths who are living in cars, parks,
public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings;
and
(iv) migratory children who … are living in
circumstances described in clauses (i) - (iii)….
McKinney-Vento Act section 725(2)
Age Range: age 21 and under, depending on state
law
Identification Strategies
 Avoid using the word "homeless" in initial contacts
with school personnel, families, or youth.
 Coordinate with community service agencies, such
as shelters, soup kitchens, food banks, street
outreach teams, drop-in centers, welfare/housing
agencies, public health, faith-based organizations.
 Provide outreach materials and posters where there
is a frequent influx of low-income families and youth
in high-risk situations, including motels and
campgrounds.
 Develop relationships with truancy officials and/or
other attendance officers.
Identification Strategies (cont.)
 Provide awareness activities for school staff
(registrars, secretaries, school counselors,
school social workers, school nurses, teachers,
bus drivers, administrators, etc.).
 Make special efforts to identify preschool
children, including asking about the siblings of
school-age children.
 Use enrollment and withdrawal forms to inquire
about living situations.
 Have students draw or write about where they
live.
Definitions/Identification Resources
Coordinating an Effective Identification and
Tracking System. Monday, 3:15, in
Ouachita.
Determining Eligibility for Rights and
Services
www.serve.org/nche/downloads/briefs/det_elig.pdf
Local Homeless Education Liaison Toolkit
Educational Rights Posters
Enrollment: Ready Reference for Schools
www.serve.org/nche/products.php
School Selection
 Children and youth in homeless situations can
stay in their schools of origin or enroll in any
public school that students living in the same
attendance area are eligible to attend, according
to their best interest.
722(g)(3)(A)
Best interest is defined: LEAs must keep
students in homeless situations in their school of
origin, to the extent feasible, unless it is against
the parent’s or guardian’s wishes.
722(g)(3)(B)(i)
School Selection (cont.)
 USDE Feasibility Criteria: a student-centered and
individualized determination
• Age
• Special needs
• Safety
• Impact of commute
• Length of stay
• Time left in school year
 Students can stay in 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.
722(g)(3)(A)(i); 722(g)(3)(A)(i)(II)
Transportation
 LEAs must provide students experiencing
homelessness with transportation to and
from their school of origin, at a parent’s or
guardian’s request (or liaison’s request for
unaccompanied youth).
722(g)(1)(J)(iii)
 If the student’s temporary housing is in the
same school district as the school of
origin, that district must provide
transportation. If crossing district lines, the
districts must agree upon a method to
apportion cost and responsibility, or split it
evenly.
Transportation Strategies
 Coordinate with local housing authorities and
placement agencies to house students near their
schools of origin.
 Re-route school buses (including special
education, magnet school and other buses), and
ensure that buses travel to shelters, transitional
living programs, and motels.
 Develop close ties among LEA homeless
liaisons, school staff and pupil transportation
staff, and designate a district-level point of
contact to arrange and coordinate
transportation.
Transportation Strategies (cont.)
 Provide passes for public transportation,
including passes for caretakers when necessary.
 Take advantage of transportation systems used
by public assistance agencies.
 Reimburse parents, guardians or
unaccompanied youth for gas.
 Use approved van or taxi services.
School Selection/Transportation
Resources
Transportation 101. Monday, 10:30, in Ouachita.
Advanced Transportation. Monday, 1:45, in
Ouachita.
“Guiding the Discussion on School Selection”
www.serve.org/nche/downloads/briefs/sch_sel_ch
ecklist.pdf
“Increasing School Stability for Students
Experiencing Homelessness: Overcoming
Challenges to Providing Transportation”
www.serve.org/nche/products_list.php#increasing
Enrollment
 Children and youth have the right to enroll
in school immediately, even if they do not
have required documents, such as school
records, medical records, proof of
residency, or other documents.
722(g)(3)(C)(I)
 “Enroll” and “enrollment” include attending
classes and participating fully in school
activities.
725(1)
 Federal law supersedes state and local
laws where there is a conflict.
U.S. Constitution, Article VI
Enrollment (cont.)
 Liaisons must help get immunizations or
immunization records.
722(g)(3)(C)(iii)
 Enrolling schools must obtain school records.
722(g)(3)(C)(ii)
 SEAs and LEAs must (1) address enrollment
delays caused by immunization and medical
records requirements, residency requirements, lack
of birth certificates, school records or other
documentation, guardianship issues, or uniform or
dress code requirements; and (2) develop, review
and revise their policies to remove barriers to
enrollment and retention.
722(g)(1)(H) & (I)
Enrollment Strategies
 Train all school enrollment staff, secretaries,
school counselors, school social workers and
principals on the legal requirements for
enrollment.
 Review LEA policies and revise them, as
necessary.
 Develop alternative caretaker forms, enrollment
forms for unaccompanied youth, and other forms
to replace typical proof of guardianship
 Be sensitive about smoothly integrating new
students into the classroom and school
community.
Enrollment Resources
Local Homeless Education Liaison Toolkit
Enrollment: Ready Reference for Schools
www.serve.org/nche/products.php
From the School Office to the Classroom:
Strategies for Enrolling and Supporting
Students Experiencing Homelessness
www.serve.org/nche/downloads/dis_hb/enrollment.
pdf
Prompt and Proper Placement
www.serve.org/nche/downloads/briefs/assessment
.pdf
Unaccompanied Youth
 Homeless youth not in the physical
custody of a parent or guardian.
725(6)
 LEA liaisons must help unaccompanied
youth choose and enroll in a school, after
considering the youth’s wishes, inform
youth of their appeal rights, and assist with
transportation.
722(g)(3)(B)(iii)

School personnel must be made aware of
the specific needs of runaway and
homeless youth.
722(g)(1)(D)
Strategies for Serving Youth
 Revise LEA policies immediately to
accommodate unaccompanied youth and
comply with the McKinney-Vento Act.
 Train LEA homeless liaisons and all school
enrollment staff, secretaries, guidance
counselors, principals and teachers on the
definition, rights and needs of unaccompanied
youth.
 Develop collaborative relationships with local
shelters, transitional living programs, street
outreach teams, and other service providers for
unaccompanied youth.
Strategies for Serving Youth (cont.)
 Use creative techniques to identify youth in
homeless situations, including youth living doubledup with friends or relatives, while respecting their
privacy and dignity. Such techniques may include
involving social workers, surveying peers and using
enrollment questionnaires.
 Provide unaccompanied youth the opportunity to
enroll in diversified learning opportunities, such as
vocational education, credit-for-work programs and
flexible school hours.
 Permit flexible exceptions to school policies on
class schedules, tardiness, absences and credits to
accommodate the needs of unaccompanied youth.
Unaccompanied Youth Resources
Advanced Unaccompanied Children and Youth.
Monday, 1:45, in Peabody: Harris.
When Legal Guardians Are Not Present: Enrolling
Youth on Their Own
www.serve.org/nche/downloads/briefs/guardianship.pdf
Surviving on Your Own: Information for Youth on
How Schools Can Help
www.serve.org/nche/products_list.php#youth_booklet
Alone Without a Home: A State-by-State Review of
Laws Affecting Unaccompanied Youth
Legal Tools to End Youth Homelessness
www.nlchp.org
Preschoolers
 State plans must ensure that children have
access to preschool programs.
722(g)(i)(F)(i)
 State Coordinators must coordinate with
social services agencies, child
development and preschool program
personnel and other agencies to provide
comprehensive services to preschoolers
722(f)(4) and (5)(A)
 Liaisons must ensure that families and
children receive Head Start, Even Start
programs and preschool programs.
722(g)(6)(A)(iii)
Head Start and Homeless
Families
 U.S. HHS issued a memo describing
how Head Start grantees should
collaborate with State Coordinators,
liaisons and community agencies and
adjust their programs to serve
children in homeless situations.
(6/5/92)
www.naehcy.org/us_hhs_memo.pdf
Strategies for Serving Preschoolers
 Include homelessness in the list of criteria for
priority enrollment, classify homelessness as an
“at risk” factor, and/or include homelessness
specifically as a criterion for "most in need."
 Identify an appropriate number of slots to be
held open for children experiencing homeless,
and/or prioritize these children on waiting lists.
 Permit children to enroll in preschool
immediately, even without meeting enrollment
document requirements.
Strategies for Preschoolers (cont.)
 Train LEA liaisons and all preschool staff on the
definitions, rights, and needs of preschool-age
children experiencing homelessness.
 Set up meetings with community service
agencies to collaborate re: available preschool
programs, recruiting families experiencing
homelessness, the enrollment process,
transportation, and other services.
 Emphasize a classroom structure that limits
distractions, provides a simple daily schedule
and individualized attention, includes a strong
family component, offers extended day services,
and anticipates mobility.
Resources for Preschoolers
Practical Strategies for Accessing Early Childhood
Education. Monday, 1:45, in Peabody: Manning.
What About the Babies and Toddlers? Monday,
3:15, in Peabody: Manning.
Helping Young Children Grow & Learn: A Guide for
Families and Shelter Providers.
www.wm.edu/hope/infobrief/ECSE-family.pdf
Using the Best That We Know: Supporting Young
Children Experiencing Homelessness.
www.wm.edu/hope/infobrief/ECSE-educ.pdf
Title I, Part A and Homelessness
 Children and youth experiencing homelessness
are automatically eligible for Title I services, no
matter what school they attend.
Title I Part A, 1115(b)(2)(E)
 LEAs must reserve (set aside) funds to provide
comparable services to homeless children,
including educationally related support services.
Title I Part A, 1113(c)(3)(A)
 States must include homeless students in
academic assessment, reporting, and
accountability systems.
Title I, Part A Regulation 200.6(d)
Title I and Homelessness (cont.)
 LEA Title I plans must describe the
services that will be provided to homeless
children, including services from the setaside.
Title I Part A, 1112(b)(1)(O)
 LEAs and SEAs cannot receive Title I, Part
A funding unless they submit a plan that is
coordinated with the McKinney-Vento Act.
Title I Part A, 1112(a)(1)
Title I Strategies
 Establish a formula or other method to
allocate Title I set-asides for homeless
children and youth.
 Pool Title I and McKinney-Vento funds to
provide a comprehensive program for
homeless students, ensuring that specific
needs of children experiencing
homelessness or high mobility are met.
 Ensure that the needs of children
experiencing homelessness are taken into
account in the needs assessments that are
required for schoolwide programs.
Title I Strategies (cont.)
 Make appropriate testing accommodations for
children who are homeless; for example, having
opportunities to make up tests if children are
absent on testing day.
 Ensure that local liaisons are trained to collect
achievement data for all homeless students, and
that district records systems enable this data
collection while taking into account confidentiality
issues.
 Use Title I funds (including set-aside funds) to
support the LEA homeless liaison position, to meet
basic needs, and/or to provide tutoring and/or
outreach services
Title I Resources
Including Children and Youth
Experiencing Homelessness in State
and Local Accountability Systems.
www.serve.org/nche/downloads/briefs/accountabili
ty.pdf
Title I and Homelessness
www.serve.org/nche/downloads/briefs/titlei.pdf
What is special education?
• Specially-designed instruction,
• at no cost to parents,
• to meet the unique needs of a child with a
disability.
20 USC 1401(29); 34 CFR 300.39
Who is a child with a disability?
Children aged 3-21 who need special
education and related services by
reason of their disability.
(See IDEA Part C for children under 3.)
-Learning disabilities
-Mental retardation
-Emotional disturbance
-Other health impairment
-Orthopedic impairment
- Autism
- Hearing impaired
- Vision impaired
- Developmentally
disabled
1401(3); CFR 300.8
Evaluations
IDEA now says evaluations must be completed
within 60 days or within state timeframes.
1414(a)(1)(c); 300.301(c)
Applies to students who change LEAs while
evaluations are pending, UNLESS
(i) the new LEA is “making sufficient progress to
ensure a prompt completion of evaluations,”
AND
(ii) “the parent and the LEA agree to a specific time
when the evaluation will be completed.”
1414(a)(1)(C)(ii); 300.301(d)(2)
Also:

Schools must coordinate with prior schools
“as necessary and as expeditiously as
possible to ensure prompt completion of
full evaluations.”
1414(b)(3)(D); 300.304(c)(5)
 “Lack of instruction” is not grounds to
refuse to evaluate a student; must be
considered as part of evaluation process
(SLD) or part of eligibility determination.
1414(b)(5); 300.306, 300.309
The IEP
If evaluations show that the student
needs special education and
related services due to a
disability, the school must develop
an Individualized Education
Program (IEP) for the student
within 30 days.
1414(d); 300.320, 300.323
How are IEPs implemented
when a child changes LEAs?
If the IEP is current, the new LEA must
immediately provide appropriate services.
(meaning “services comparable to those
described” in the previous IEP,in
consultation with parents).
1414(d)(2)(C)(i); 300.323(e)

The new LEA must promptly obtain the
child’s records from the previous school,
and the previous school must promptly
respond to records requests.

1414(d)(2)(C)(ii); 300.323(g)
OK, then what?
The new LEA can either adopt the
old IEP, or develop a new one.
If it’s a new state, the LEA can
conduct new evaluations.
1414(d)(2)(C)(i); 300.323(e)
Who can sign for special education
services for a minor?
 parent,
 foster parent,
 guardian,
 person who is acting in the place of a
parent and with whom the child is living;
can be a non-relative (300.20 “include”),
 a person legally responsible for the child.
1401(23); 300.30(a)(4)
Um, what if a student doesn’t have any of
those people?
The LEA must assign a “surrogate parent”
within 30 days if:
 no such adult can be identified or located,
 the student is a ward of the State, or
 the student is an unaccompanied youth
under McKinney-Vento.
1415(b)(2); 300.519
Normally, surrogate parents can’t be
employees of SEAs, LEAs, or other
agencies involved in the education and care
of the child.
BUT for unaccompanied youth, the following
people can be temporary surrogates:
•
Staff of emergency shelters, transitional
shelters, independent living programs, and
street outreach programs;
•
State, LEA, or agency staff involved in
the education or care of the child.
300.519; preamble to regulations
IDEA and McKinney-Vento ARE
compatible!
 IDEA now specifically defines “homeless
children” to include all children and youth
considered homeless by McKinney-Vento.
1402(11); 300.19

IDEA now specifically requires each public
agency to ensure that the rights of
unaccompanied homeless youth are protected.
300.519(a)
 Any state receiving IDEA funds must ensure that
the requirements of the McKinney-Vento Act are
met for all children with disabilities in homeless
situations in the state.
1412(a)(11)(A)(iii); 300.149(a)(3)
Special Education Resources
 A New IDEA. Monday, 1:45, in Statehouse: Miller
 NASDSE (www.nasdse.org)
 CEC (www.cec.sped.org/)
 CEC Today – March 2003
 Project HOPE-VA (www.wm.edu/hope)
 Information briefs – special ed., ECSE
 National Dissemination Center for Children With Disabilities
 www.nichcy.org (Includes fact sheets)
 NAEHCY, NCHE and NLCHP
 Individuals with Disabilities Education Improvement Act (IDEA) of
2004: Provisions for Children and Youth with Disabilities Who
Experience Homelessness;
http://www.serve.org/nche/downloads/briefs/idea.pdf
 National Early Childhood Technical Assistance Center
 www.nectac.org
Special Education Resources (cont’d)
 Parent Training and Information Centers
 (888) 248-0822
 The Child Advocate
 www.childadvocate.net/educational.htm
 Free legal resources for students with disabilities
 National Disability Rights Network (www.napas.org)
 www.nls.org/paatstat.htm
 Resources for parents of students with disabilities, from
USDE
 www.ed.gov/parents/needs/speced/resources.html
 Center for Law and Education
 www.cleweb.org
 USDE Office of Special Education Programs
 www.ed.gov/offices/OSERS/OSEP
 USDE Office for Civil Rights
 www.ed.gov/offices/OCR
FERPA: Family Educational
Rights and Privacy Act
20 U.S.C. § 1232g; 34 CFR Part 99
 Provides parents access to and
protects the privacy of student
education records.
Who are parents?
 Both natural parents (unless provided with
evidence that there is a court order, state law, or
other legal document that revokes these rights),
or
 A guardian, or
 An individual acting as a parent in the absence
of a parent or a guardian.
 Rights transfer to the student when he or she
reaches the age of 18 or attends a school
beyond the high school level.
99.3 - 99.5
What are student education records?
 Records that ARE:
(1) Directly related to a student; and
(2) Maintained by an educational agency
or institution that receive funds under an
applicable USDE program
 BUT ARE NOT:
Directory information (which can be given
to anyone who requests it, if school has
informed parents and given them a chance
to refuse the release of any DI)
99.3, 99.37
What is Directory Information?
 Information not generally be considered
harmful or an invasion of privacy if disclosed.
 Examples: name, address, telephone listing,
email, photograph, date and place of birth, etc.
Directory Information can NEVER include:
 Social security number or Student identification
number
 Race
 Ethnicity
Nationality
Gender
99.3, 99.37
When can a school release
student education records?


Generally, only with written permission
BUT, there are 15 exceptions!
 Officials (incl. teachers) of the same school who
have “legitimate educational interest”
 Other schools to which a student is transferring /
currently attending (with “reasonable attempt” to notify
parents at last known address);
 “State and local educational authorities” for
audit/evaluation or to enforce / monitor compliance
with federal laws
99.30-99.31
HIPAA: Health Insurance Portability
and Accountability Act
45 CFR Parts 160, 164
Protects the privacy of health care
records
HIPAA staff have confirmed that HIPAA
does NOT prevent a health care
provider (doctor’s office, health clinic,
school, etc.) from transferring
immunization records to a school for
the purposes of enrollment.
If health care providers are
resistant:
Obtain a copy of those health care providers’
form for authorizing the disclosure of
health information and include that form
in standard enrollment packets.
Once signed by a parent, this release should
make even the most conservative health
care providers feel comfortable releasing
the information.
FERPA / HIPAA Resources
 USDE FERPA hotline: (202) 260-3887
 USDE FERPA fact sheet:
www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
 FERPA Q&A:
www.access.gpo.gov/nara/cfr/waisidx_04/34cfr99_04.html
 “Summary of the HIPAA Privacy Rule”, May
2003
www.hhs.gov/ocr/privacysummary.pdf
 “Uses And Disclosures For Treatment,
Payment, And Health Care Operations,”
December 3, 2002 (Revised April 3, 2003)
www.hhs.gov/ocr/hipaa/guidelines/sharingfortpo.pdf
Disaster Planning, Response,
and Recovery

Why Reinvent the Wheel? Tuesday,
8:45, in Ouachita

Upcoming NCHE Publication
A McKinney-Vento Toolbox: Constructing
a Robust and Rigorous McKinney-Vento
Program, In Case of Disaster – and
Every Day