Determining Eligibility for McKinney-Vento Services Hosted by the North Carolina Homeless Education Program (NCHEP) Lisa Phillips, State Coordinator (NCHEP) Teresa Lewis, Assistant Program Specialist (NCHEP/NCHE) Jan Moore, Program Specialist (NCHE) Christina Dukes, Program Specialist (NCHE) Bernette Kelley, Program Specialist (NCHEP)

About NC Homeless Education Program (NCHEP) NCHEP is dedicated to ensuring that all children and youth experiencing homelessness have access to the public education to which they are entitled under the federal McKinney-Vento Act. NCHEP works towards this goal by Ensuring that North Carolina's state policies are in compliance with federal law Providing technical assistance to North Carolina's local homeless education liaisons Providing informational and awareness materials to educators and other interested community members throughout North Carolina. For additional information visit http://www.serve.org/hepnc

2007-2008 NC Homeless Education Statistics 16,947 The total number of K-12 homeless children and youth identified during the 2007-2008 school year. Information was obtained from the CSPR Federal Data Collection for North Carolina. The 2008-2009 count will be available in October.

Session Outline The Definition: Who is considered homeless under the McKinney-Vento Act? The Process: How do we apply the M-V definition to real-life situations? The Application: What would you do in this situation? This presentation is based on NCHE’s Determining Eligibility for Rights and Services Under the McKinney-Vento Act at www.serve.org/nche/downloads/briefs/det_elig.pdf

Laying the Groundwork McKinney-Vento eligibility is determined on a case-by-case basis by examining the living arrangement of each student. Some instances will be clear-cut; others will require further inquiry and then a judgment call. If the living arrangement does not meet all three criteria (fixed, regular, and, adequate), it is considered a homeless situation. The examples of homeless situations listed in the definition address some of the more common situations of homelessness; the list of examples is not exclusive.

“What if we disagree?” If there is a disagreement about whether the student meets the McKinney-Vento definition of a homeless child or youth (between the parents/youth and the school), the state’s dispute resolution process should be followed. Under the dispute resolution process: the parent/guardian/unaccompanied youth should be referred to the local liaison for assistance with the appeal process. the student must be enrolled immediately in the requested school. the student must be provided with all services to which McKinney-Vento eligible students are entitled (e.g. transportation, Title I services, free meals). enrollment must continue until the dispute is resolved. NC Policy on Dispute Resolution Process for Homeless Students: http://sbepolicy.dpi.state.nc.us/policies/TCS-C-020.asp?pri=04&cat=C&pol=020&acr=TCS

The Definition Individuals 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 camping grounds due to the lack of alternative adequate accommodations Living in emergency or transitional shelters Abandoned in hospitals Awaiting foster care placement

The Definition (cont.) 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 Living in 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

Step 1: Get the Facts Use an enrollment questionnaire for all students; this will assist with identifying eligible students. (Visit http://www.serve.org/nche/forum/eligibility.php for sample questionnaires) If the form indicates a possible homeless situation, refer to the local liaison to determine eligibility. Discuss the living arrangement with the family/student in a private place and with sensitivity. Ask additional questions respectfully, as needed. (these are often very personal discussions for the family)

Step 1: Get the Facts (cont) Avoid using the word “homeless”: some families may want to avoid the stigma; others may not consider themselves homeless and yet they might be eligible. Inform the family about the benefits of eligibility, including immediate enrollment and the provision of services. According to the Family Educational Rights and Privacy Act (FERPA), avoid contacting persons outside the school system to probe for more information regarding the family’s living arrangement. (visit www.serve.org/nche/briefs.php for NCHE’s Confirming Eligibility briefs)

Step 2: Analyze the Facts Does the student’s living arrangement fit into one of the examples of homelessness in the law? If not, would the student qualify for services because he/she lives in another type of living arrangement that does not meet the fixed, regular, and adequate standard? Use the information/questions contained in the Determining Eligibility brief to assist in answering these questions.

Step 3: Call for Back-up Contact NCHEP Visit www.serve.org/hepnc/nc_pol.php for contact information Contact the National Center for Homeless Education (NCHE) Helpline at 800-308-2145 or via e-mail homeless@serve.org

Huh? Stumpers: Doubled-Up . Legislative wording: “Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason” Questions: Why did the family move in together? Crisis or by mutual choice as a plan for mutual benefit? How permanent is the living arrangement intended to be? Is the living arrangement fixed, regular, and adequate? See pages 2-3 of the Determining Eligibility brief for a discussion of shared housing; use questions on pages 5-6.

Scenario: Eligible or Not? Patricia and her son, Luis, showed up mid-year at your school to enroll Luis, saying they’ve just moved in with relatives that live in the area. You suspect Luis might qualify for McKinney-Vento services, but you’re not sure. What questions would you ask to determine if Luis is eligible? Are there certain circumstances under which you would qualify Luis and other circumstances under which you wouldn’t?

Stumpers: “Awaiting Foster Care Placement”(AFCP) 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 Huh?

Stumpers: “Awaiting Foster Care Placement” (cont) Why qualify?: Children awaiting foster care placement often face the same residential and school mobility as other homeless students View through the lens of lacking a fixed, regular, and adequate nighttime residence

Scenario: Eligible or Not? Eric was removed from his home several weeks ago due to serious family conflict and suspected physical abuse. Child welfare placed Eric in a group home while they develop a more long-term plan for Eric’s care. Would you qualify Eric for McKinney-Vento services? If you needed more information, with whom could you speak?

Stumpers: Unaccompanied Youth Huh? Stumpers: Unaccompanied Youth The McKinney-Vento defines unaccompanied youth as a youth “not in the physical custody of a parent or guardian” An unaccompanied youth’s living arrangement must meet the Act’s definition of homeless for him/her to qualify for McKinney-Vento services A youth can be eligible regardless of whether he/she was asked to leave the home or chose to leave; remember that sometimes there is “more than meets the eye” for youth’s home life situations There is no lower age limit for unaccompanied youth; the upper age limit (as with all McKinney-Vento eligible students) is NC’s state upper age limit for public education (21 for regular and special education students)

NC Reporting of Suspected Abuse or Neglect Definition of abuse or neglect under NC law: Inflicts or allows to be inflicted or creates a substantial risk of injury other than by accidental means or commits, permits, or encourages any type of sexual abuse or creates or allows serious emotional damage to juvenile or does not provide proper care or necessary medical care or abandons child or uses inappropriate devices or procedures to modify behavior or encourages, directs, or approves of delinquent acts involving moral turpitude NC General Statute - Juvenile Code 7B-101

NC Reporting of Suspected Abuse or Neglect (cont) In NC, mandatory reporting of suspected abuse or neglect is required by any person or institution, including school employees. NC General Statute - Juvenile Code 7B-101 In NC, the basis on which to report suspected child abuse or neglect is that there is “cause to suspect that juvenile is abused, neglected, or dependent, or has died as the result of maltreatment”. NC General Statute - Juvenile Code 7B-101

NC Reporting of Suspected Runaways Between 1.6 and 2.8 million youth run away in a year In North Carolina, over 7000 runaways are reported annually Under NC law, schools are not required to report a suspected runaway, however… If you feel the need to report a student for the student’s own well-being, talk with the student first; let the student know why you wish to report him/her and what educational or other support you can offer them both before and after reporting Build a relationship and trust with the student to help them see that the school is a safe place for them to be

Scenario: Eligible or Not? Amanda shows up at your school to enroll herself without an adult. She tells you that her dad has never been part of her life and she was living with her mom, but her mom is now incarcerated. She is currently living with her aunt a few miles away from where she lived with her mom. What questions would you ask to determine if Amanda is eligible for McKinney-Vento services? Are there certain circumstances under which you would qualify Amanda and other circumstances under which you wouldn’t?

Stumpers: Substandard Housing Huh? Stumpers: Substandard Housing No official federal definition Common practices in defining “substandard housing” Evaluated according to community norms Defined as a building not up to local building code Common indicators Inoperable indoor plumbing Nonworking, inadequate and/or unsafe electrical service Inadequate or unsafe source of heat No working kitchen Unit has been declared unfit for habitation by a government agency Is overcrowded: HUD’s Section 8 Housing Quality Standards (HQS) mandate no more than 2 persons per bedroom; consider on a case-by-case basis

Scenario: Eligible or Not? Christina’s mother had to move to a shelter and leave Christina with her grandparents in another city. The grandparents do not have legal custody of Christina, however, they will be taking care of her during the school year. Would you qualify Christina for McKinney-Vento services? What questions would you ask to help you make a decision?

Scenario: Eligible or Not? Bruce has come to enroll at your school with his older sister, Diana. His sister and her family have lived in the community for 2 years. Bruce is living with Diana because their parents are unable to take care of him in their country.  The parents sent a statement with Bruce indicating they would like for Diana to enroll him in school. There is no birth certificate, school records or other legal documentation available. What questions would you ask Diana? Would you qualify Bruce for McKinney-Vento services?

Contact Us Lisa Phillips, State Coordinator for Homeless Education North Carolina Homeless Education Program Phone: (336)315-7491 Fax: (336) 315-7457 E-mail: lphillip@serve.org Bernette Kelley Program Specialist North Carolina Homeless Education Program Phone: (336)315-7462 Fax: (336) 315-7457 E-mail: bkelley@serve.org