ELIGIBLE OR NOT?: UNDERSTANDING THE MCKINNEY-VENTO DEFINITION OF HOMELESS Christina Endres [email protected] Jan Moore [email protected]
Feb 23, 2016
ELIGIBLE OR NOT?: UNDERSTANDING THE MCKINNEY-
VENTO DEFINITION OF
HOMELESS Christina Endres
The U.S. Department of Education’s technical assistance and information center
NCHE has: A comprehensive website: www.serve.org/nche A toll-free helpline: Call 800-308-2145 or e-mail
[email protected] A listserv: visit www.serve.org/nche/listserv.php for
subscription instructions Free resources: Visit
www.serve.org/nche/products.php
GET TO KNOW NCHE
Definition: Understand who is homeless under the McKinney-Vento Act
Process: Discuss steps to obtain and analyze necessary information
Application: Practice what you learned with example scenarios
Today’s foundation: NCHE’s Determining Eligibility for Rights and Services Under the McKinney-Vento Act www.serve.org/nche/downloads/briefs/det_elig.pdf
SESSION OUTLINE
LAYING THE GROUNDWORK
Eligibility is determined on case-by-case basis, examining each student’s living arrangement Some instances are clear-cut Others require further inquiry and a judgment call
If living arrangement does not meet all three criteria in the definition, student is eligible.
Common examples of homeless situations are listed in the law Many other eligible situations are not listed
ADDRESSING DISAGREEMENTS
If parents/guardians or unaccompanied homeless youth (UHY) disagree with school about eligibility, schools follow the state’s dispute resolution process which includes: A referral to the local liaison for assistance with the
appeal process Immediate enrollment in requested school The provision of all services to which McKinney-Vento
eligible students are entitled (e.g. transportation, Title I services, free meals).
Continued enrollment until the dispute is resolved
THE DEFINITION
Individuals who lack a fixed, regular, and adequate nighttime residence
Shared housing due to loss of housing, economic hardship, or a similar reason
Motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations
Emergency or transitional shelters
Awaiting foster care placement
THE DEFINITION
A public or private place not designed for or ordinarily used as sleeping accommodation for human beings
Cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
Migratory children living in the circumstances described above
Unaccompanied youth living in the circumstances described above
FIXED, REGULAR, AND ADEQUATE
Working definitions Fixed: Stationary, permanent, and not subject to
change Regular: Used on a predictable, routine, or
consistent basis (e.g. nightly); consider the relative permanence of the living arrangement
Adequate: Sufficient for meeting both the physical and psychological needs typically met in home environments
Can the student go to the SAME PLACE (fixed) EVERY NIGHT (regular) to sleep in
a SAFE AND SUFFICIENT SPACE (adequate)?
THE PROCESSSTEP 1: GET THE FACTS
Use a residency questionnaire for all students Sample questionnaires
www.serve.org/nche/forum/eligibility.php
Don’t contact persons outside the school system for information about living situations (FERPA)
THE PROCESSSTEP 1: GET THE FACTS
Discuss living arrangements in a private place, with sensitivity and respect
Avoid using the word “homeless” Can be stigmatizing May be eligible but not view selves as homeless
Explain that you are asking questions to determine potential eligibility for services
See NCHE’s Confirming Eligibility brief www.serve.org/nche/downloads/briefs/verif_ll.pdf
THE PROCESSSTEP 2: ANALYZE THE
FACTS Is the student’s living arrangement
one of the examples mentioned in the law? another living arrangement that is not fixed,
regular, and adequate?
Use questions in the Determining Eligibility brief as a guide www.serve.org/nche/downloads/briefs/det_elig.pdf
THE PROCESSSTEP 3: CALL FOR BACK-UP Contact your State Coordinator; visit
www.serve.org/nche/states/state_resources.php for contact info
Contact NCHE at 800-308-2145 or [email protected]
“Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason”
Questions to determine eligibility: Is the living arrangement fixed, regular, and
adequate? Why did the parties move in together? Crisis or by
mutual choice as a plan for mutual benefit? How permanent is the living situation intended to
be? Where would the student live if not doubled up?
DOUBLED-UP
DOUBLED-UP
Common questions
Is there a limit on how long a doubled-up student can be considered homeless?
Are both doubled-up parties homeless?
Best practice: Revisit homeless situations prior to the beginning of each school year
ELIGIBLE OR NOT?
Mr. Garcia and his son, Jose, showed up at your school at the beginning of the year to
enroll Jose. On the district’s housing questionnaire, Mr. Garcia checked “yes” to
the question regarding sharing housing and indicated they are living in the area
with his parents.
AWAITING FOSTER CARE PLACEMENT
Children awaiting foster care placement often face the same residential and school mobility as other homeless students
US ED July 2004 Guidance (available at www.ed.gov/programs/homeless/guidance.pdf) Awaiting foster care placement = homeless Already in foster care = not homeless Local liaisons should coordinate with local public
social service agencies to determine how to support this population
AWAITING FOSTER CARE PLACEMENT (CONT.)
Determine eligibility through the lens of lacking a fixed, regular, and adequate nighttime residence
Some states have policies/laws regarding students involved with foster care Contact your State Coordinator for more
information
HOMELESS AND UNACCOMPANIED
To receive MV services and rights as an unaccompanied homeless youth (UHY), student
must be both:
Homeless lacking fixed, regular, and adequate nighttime
residence
AND Unaccompanied
not in physical custody of a parent or guardian
HOMELESS AND UNACCOMPANIED (CONT.)
No age limits in McKinney-Vento States set age criteria for public education Any youth within state age criteria limits can be
eligible
Eligible students include those kicked out of their homes and those who chose to leave Sometimes there is “more than meets the eye” for
youth’s home life situations
ELIGIBLE OR NOT?
Janine is 19 and ran away from home. Her mother won’t talk to her, but her
dad keeps in touch. She’s staying with another family, where she’s not
allowed to see her boyfriend. Janine really cares for her boyfriend, so she’s thinking of going somewhere else to
stay (not home).
THE SCHOOL’S CHARGE
Schools are fundamentally educational agencies Primary responsibility: enroll and educate, in
accordance with the federal McKinney-Vento Act; federal law supersedes state and local law
Balance student and school interests by making referrals, and accessing school resources like social workers and mediators
ELIGIBLE OR NOT?
Lacey comes to your school to enroll herself without an adult. She tells you that
she can’t get along with her stepdad and had to leave home. Her mom calls the
school and says Lacey just wants to live with her boyfriend.
SUBSTANDARD HOUSING
No official federal definition Evaluate according to your community’s norms
Common indicators Does not meet local building code Inoperable indoor plumbing Nonworking, inadequate or unsafe electrical service No working kitchen Condemned by a government agency Overcrowded: Does not meet occupancy
guidelines in local/state building codes
ELIGIBLE OR NOT?
The Blairs own a home in your school district where their daughter, Emily, is
enrolled. Emily told the school counselor that the home’s heating system is broken
and her parents cannot afford to make the repairs. The counselor thinks Emily may be
eligible for MV services.
FINAL QUESTIONS?
FOR MORE INFORMATION
State Coordinator for Homeless Education:www.serve.org/nche/states/state_resources.php
NCHE website: www.serve.org/nche
NCHE Helpline: 800-308-2145 or [email protected]