Homeless and Neglected/Delinquent Programs “ESSA” McKinney-Vento Act Homeless Education and Foster Care in Our Schools Roberto Reyes Homeless and Neglected/Delinquent Programs State Coordinator – Education Specialist Licensed School Guidance Counselor Minnesota Department of Education 651-582-8302 Roberto.Reyes@state.mn.us “Leading for educational excellence and equity. Every day for every one.”

Overview of ESSA Updates to the McKinney-Vento Act National Center for Homeless Education (NCHE) NCHE operates U.S. Department of Education’s technical assistance center for the federal Education for Homeless Children and Youth (EHCY) Program Comprehensive website: www.serve.org/nche Toll-free helpline: 800-308-2145 or homeless@serve.org Listserv: Subscribe at www.serve.org/nche/listserv.php Free resources (Liaison Toolkit, posters, briefs): www.serve.org/nche/products.php education.state.mn.us

Today’s Session McKinney-Vento Act Local Liaisons Homeless Definition School Selection Enrollment Transportation School Success Dispute Resolution Preschool Higher Education education.state.mn.us

McKinney-Vento Act Most recently amended by the Every Student Succeeds Act (ESSA) (P.L. 114-95 § 9101 et seq.) in December 2015 McKinney-Vento amendments in ESSA must be implemented by 10/1/2016 Establishes the definition of homeless used by public schools Focuses on school identification, enrollment, stability, and success of homeless children and youth (HCY) pre-K through high school Statute and new EHCY Non-Regulatory Guidance http://center.serve.org/nche/legis/mv.php education.state.mn.us

McKinney-Vento Act Addresses unique barriers faced by homeless students, including those related to School enrollment Regular attendance Educational stability School success Transportation Connection to services education.state.mn.us

Local Liaison Requirements Every school district must designate a local liaison Must have adequate capacity and training to carry out duties described in the law Must participate in professional development and technical assistance activities provided by the State Coordinator Serves as the district’s key homeless education contact and coordinates McKinney-Vento implementation throughout the district NCHE’s Homeless Liaison Toolkit http://center.serve.org/nche/pr/liaison_toolkit.php education.state.mn.us

Local Liaison Responsibilities Ensure HCY Homeless Children & Youth Are identified through outreach and coordination, and are enrolled in school Have access to and receive services for which they are eligible, including Head Start and Early Head Start IDEA, Part C early intervention Other preschool programs administered by the LEA education.state.mn.us

Local Liaison Responsibilities Receive referrals to health care, dental, mental health, substance abuse, housing, and other services Receive assistance obtaining needed immunizations, immunization or other required health records, or screenings •Inform parents and guardians of their children’s educational and related opportunities, and provide them with meaningful opportunities to participate •Inform parents, guardians, and UHY of transportation services education.state.mn.us

Local Liaison Responsibilities Ensure educational rights are posted publicly in places frequented by HCY, their parents or guardians, and UHY, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents, guardians, and UHY Ensure disputes are mediated promptly according to a process established by the SEA Provide school personnel providing McKinney-Vento services with professional development and other support education.state.mn.us

Local Liaison Responsibilities Ensure UHY are enrolled in school and informed of their status as independent students on the FAFSA and receive help getting status verification Inform school personnel, service providers, advocates working with homeless families, parents and guardians of HCY, and HCY of the duties of the local liaison education.state.mn.us

Local Liaison Responsibilities Coordinate and collaborate with State Coordinators and community and school personnel who provide education and related services to HCY, including for purposes of data collection May affirm for HUD programs that a homeless child or youth, and his/her immediate family, meet the HUD definition of homeless Coordinate with State Coordinator for LEA monitoring education.state.mn.us

Local Liaison Responsibilities Coordinate the provision of McKinney-Vento services with local social services agencies and other agencies providing services to HCY and their families, including RHYA programs Coordinate transportation, transfer of school records, and other interdistrict activities, with other districts education.state.mn.us

NCHE Training Resources Homeless Education Issue Briefs http://center.serve.org/nche/pr/briefs.php Webinars http://center.serve.org/nche/web/group.php Online tutorials, recorded webinars, and PowerPoint presentations http://center.serve.org/nche/web/s_p.php education.state.mn.us

Homeless Definition Children or youth who lack a fixed, regular, and adequate nighttime residence, including: Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason Living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative adequate accommodations Living in emergency or transitional shelters Awaiting foster care placement (will be removed from definition as of 12/10/2016) education.state.mn.us

Homeless Definition Abandoned in hospitals Living in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings Migratory children living in the above circumstances Unaccompanied homeless youth (youth living in the above circumstances) education.state.mn.us

Unaccompanied Homeless Youth 1.Student’s living arrangement must meet the definition of homeless, AND 2.Student must be considered unaccompanied, defined as “not in the physical custody of a parent or guardian” Homeless + Not in Physical Custody = UHY NCHE’s Unaccompanied Youth Eligibility Flowchart http://center.serve.org/nche/downloads/toolkit2/app9a.pdf education.state.mn.us

Fixed, Regular, and Adequate Fixed Stationary, permanent, not subject to change Regular Used on a predictable, routine, consistent basis Consider the relative permanence of the living arrangement Adequate Lawfully and reasonably sufficient Sufficient for meeting physical and psychological needs typically met in a home environment Can the student go to the SAME PLACE (fixed) EVERY NIGHT (regular)to sleep in a SAFE and SUFFICIENT SPACE (adequate)? education.state.mn.us

Students may attend either the: School Selection Students may attend either the: Local attendance area school Any public school that students living in the same attendance area are eligible to attend, or School of origin School attended when permanently housed; or School in which the student was last enrolled Includes public preschool programs, and receiving schools (“the designated receiving school at the next grade level for all feeder schools”) education.state.mn.us

School Selection Best interest: Presume that remaining in school of origin is in the student’s best interest, unless it is contrary to the request of the parent/guardian/UHY Consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of HCY, giving priority to the request of the parent, guardian, or UHY If school and parent/guardian/UHY disagree after the best interest determination, initiate dispute resolution process NCHE’s Guiding the Discussion on School Selection brief http://center.serve.org/nche/downloads/briefs/sch_sel_checklist.pdf education.state.mn.us

School of Origin Students may continue attending the school of origin the entire time they are homeless, and until the end of any school year in which they move into permanent housing Students who become homeless between school years may continue attending the school of origin the following school year education.state.mn.us

Enrollment LEAs must develop, review, and revise policies to remove barriers to the enrollment and retention of homeless students, including barriers related to outstanding fees or fines, or absences Enrollment is defined as “attending classes and participating fully in school activities” Schools must enroll homeless students immediately Even if they are lacking required documentation Even if they have missed application or enrollment deadlines during any period of homelessness education.state.mn.us

Enrollment Local liaisons must help parents, guardians, and UHY obtain needed immunizations, immunization or other required health records, and screenings Enrollment must continue while documentation is gathered McKinney-Vento Act (federal law) supersedes state or local law or policy when there is a conflict (U.S. Constitution, Article VI) NCHE enrollment resources http://center.serve.org/nche/ibt/sc_enroll.php education.state.mn.us

LEAs must provide the following transportation: Transportation comparable to what is provided to other students School of origin transportation When requested by a parent or guardian, or the local liaison on behalf of an UHY Until the end of the school year after a homeless student obtains permanent housing NCHE Transportation Resources http://center.serve.org/nche/ibt/sc_transport.php education.state.mn.us

School Success Connect students to school district support, such as academic assistance and free school meals Award appropriate credit for full or partial coursework satisfactorily completed while attending a prior school Support student participation in academic and extracurricular activities including magnet school, summer school, career and technical education, advanced placement, on-line learning, and charter school programs, if available education.state.mn.us

School Success Refer students and families to community agencies for additional support Coordinate the provision of services under IDEA for homeless students with disabilities education.state.mn.us

Dispute Resolution If school disagrees with parent/guardian/UHY about eligibility, school selection, or enrollment, the district must: Provide a written explanation of its decision in a manner and form understandable to the parent/guardian/UHY, including the right to appeal Refer parent/guardian/UHY to the local liaison to carry out the dispute resolution process as expeditiously as possible Enroll the student immediately in school where enrollment is sought pending final resolution of the dispute, including all available appeals, and provide all services for which the student qualifies education.state.mn.us

Student Privacy Information about a HCY’s living situation is part of the student’s education record under FERPA; cannot be disclosed without written consent unless included under one of the FERPA consent exceptions education.state.mn.us

Preschool Increased emphasis on identifying homeless preschool children School of origin definition includes public preschool programs Homeless children must have access to and receive services through Head Start and Early Head Start IDEA, Part C, early intervention Other preschool programs administered by the LEA Early Care and Education for Young Children Experiencing Homelessness http://center.serve.org/nche/downloads/briefs/early-childhood.pdf education.state.mn.us

Higher Education School counselors must advise homeless youth about college and support their college readiness Local liaisions must inform UHY of their status as independent students on the FAFSA and assist them in verification of this status Must be determined to be unaccompanied and homeless after July 1st of the prior year. “July 1st of school year they are making the determination. Unaccompanied Homeless Youth Documentation of Independent Student Status for the FAFSA http://www.naehcy.org/educational-resources/higher-ed Making Student Status Determinations for Unaccompanied Homeless Youth: Eligibility Tool for Financial Aid Administrators http://center.serve.org/nche/pr/faa_tool.php education.state.mn.us

Summary of Amendments on Foster Care in Title I Part A of the Elementary and Secondary Education Act Local Title I plans must contain an assurance that LEAs receiving Title I funds will:• Collaborate with the state or local child welfare agency to: Within one year of enactment, develop and implement procedures for how transportation to maintain foster youth in their schools of origin, when in their best interest, will be provided, arranged and funded. These procedures must: Ensure that foster youth who need transportation to the school of origin promptly receive it in a cost-effective manner, and in accordance with the child welfare agency’s authority to use child welfare funding available under section 475(4)(A)of Title IV-E of the Social Security Act to provide transportation. Ensure that if there are additional costs incurred in providing transportation to the school of origin, LEAs will provide it if: They are reimbursed by the child welfare agency; • The LEA agrees to pay the costs; or • The LEA and the child welfare agency agree to share the costs. Designate a point of contact for the local child welfare agency, if the local child welfare agency notifies the LEA, in writing, that it has designated a point of contact for the LEA. education.state.mn.us