Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act

1. Rights and Services for Migrant Children and Youth Under the McKinney-Vento Act National Center for Homeless Education at SERVE homeless@serve.org www.serve.org/nche

2. 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

3. The McKinney-VentoHomeless Assistance Act • Stewart B. McKinney Homeless Assistance Act (1987) • Representative Stewart B. McKinney (R-CT) (1931-1987) • Representative Bruce F. Vento (D-MN) (1940-2000) • January 2002 Reauthorization – The McKinney-Vento Homeless Assistance Act (Title X, Part C, of the No Child Left Behind Act) National Center for Homeless Education • www.serve.org/nche

4. 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

5. State and DistrictResponsibilities • 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

6. 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

7. 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

8. 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

9. 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 McKinney-Vento Act, including immediate enrollment, apply National Center for Homeless Education • www.serve.org/nche

10. 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

11. 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

12. Title I andHomeless 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

13. 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

14. 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

15. 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

16. Collaboration at thestate level • State migrant directors and homeless coordinators should work together to: • 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

17. Collaboration at thelocal 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

18. Collaboration at thelocal 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

19. 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

20. National Partners National Association for the Education of Homeless Children and Youth (NAEHCY) Barbara Duffield, Policy Director, bduffield@naehcy.org www.naehcy.org Ph: 202-364-7392 National Center for Homeless Education (NCHE) Diana Bowman, Director, dbowman@serve.org www.serve.org/nche Ph: 336-315-7453 National Law Center on Homelessness & Poverty (NLCHP) Joy Moses, Education Staff Attorney, jmoses@nlchp.org www.nlchp.org Ph: 202-638-2535 U.S. Department of Education Gary Rutkin, Coordinator, Education for Homeless Children and Youth Program, Gary.Rutkin@ed.gov www.ed.gov/programs/homeless/index.html Ph: 202-260-4412 National Center for Homeless Education • www.serve.org/nche