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Eligible or Not? Understanding & Applying the McKinney-Vento Definition of Homeless National Center for Homeless Education (NCHE) Christina Endres Jan Moore

Setting the Context The McKinney-Vento Act  Establishes the definition of homeless used by schools and the rights given to eligible students  Ensures that children and youth experiencing homelessness have equal and immediate access to public education  Provides educational support to promote school success

Homeless Definition Individuals who lack a fixed, regular, & 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

Homeless Definition (cont.)  Public or private place not designed for or ordinarily used as a regular 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 above circumstances  Unaccompanied youth living in the above circumstances

“Fixed, Regular, and Adequate” 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)?

“Sharing the housing of other persons” Clarifying questions  Is the arrangement due to a crisis or a plan for mutual benefit?  What are the intentions of both parties?  How long can they stay? Do they have a legal right to be there, or can they be asked to leave at any time?  What are the housing options if they don’t share housing?  Do they have their own key to the home?

“…due to loss of housing…” Was there a loss of housing due to:  Eviction or foreclosure?  Destruction of or damage to their home?  Unhealthy or unsafe conditions?  Domestic violence?  Abuse or neglect?  Absence of a parent or guardian due to abandonment, parental incarceration, or a similar reason?

“…economic hardship…” Implies that limited financial resources have forced the family or youth to leave the residence and share housing due to an inability to pay the rent/ mortgage and other bills Clarifying question  Did economic hardship due to an accident, illness, loss of employment, loss of public benefits, or a similar reason force the family or youth to share housing of others temporarily?

Motels & Hotels “Due to the lack of alternative adequate accommodations.” Consider  Why family is staying there. Is it a plan, e.g., parent has new job & is looking for permanent housing?  Where student would live if not staying there. Are affordable FRA options available?  Is it a temporary situation or long-term stay, e.g., in hotel with kitchen & adequate space?  Who is paying for the room?  Can ask for a receipt, but lack of one cannot be a barrier to student’s enrollment

Transitional Housing “Temporary accommodation for homeless individuals and families, as a step to permanent housing. Residents of transitional housing are considered homeless until they move into permanent housing. Transitional housing programs may last up to 24 months, provide housing in addition to wraparound services, and typically require participants to pay a portion of their housing costs based on a sliding scale” (NCHE’s Guide to Reporting Federal Data 15.pdf) 15.pdf

Awaiting Foster Care Placement Awaiting foster care placement = homeless Already in foster care = not homeless US ED July 2004 Guidance Some states have policies/laws regarding students involved with child welfare agencies  Contact your State Coordinator for information about your state

Substandard Housing Evaluate according to community norms Common indicators  Does not meet local building code  Inoperable indoor plumbing  Nonworking, inadequate, unsafe electrical service  No working kitchen  Condemned by a government agency  Overcrowded For sample guidelines, see Other Resources at

Unaccompanied Homeless Youth (UHY) 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 chart.pdf chart.pdf

Specific UHY Considerations Eligibility is based on the current living situation  Can be eligible regardless of whether the youth "chose” to leave or was “asked” to leave  Sometimes there is more than meets the eye for home life situations No MV age limitations  Any student who meets the age criteria for public education in your state can be eligible

Review of Eligibility Considerations Make determinations on case-by-case basis Use legislative wording as a guide Notice that MV only lists a few common homeless situations; others may qualify because they are not fixed, regular, and adequate Recognize that some cases will require asking more questions Best practice – re-evaluate each student’s living situation before the next school year NCHE’s Determining Eligibility brief elig.pdf elig.pdf

Questions?

The Uptons The Upton family moved in with Mr. Upton’s sister in a neighboring town. The school principal says their daughter, Sarah, must transfer since she’s no longer living in the attendance zone, but the school social worker thinks Sarah is homeless. How will you determine if Sarah is eligible for MV services?

The Jeffersons Mrs. Jefferson called from a neighboring school district to say her family is having some difficulties and her son, Doug, is moving in with his grandparents in your district. She wants you to enroll Doug in the school where his grandparents live. How would you determine if Doug is MV eligible?

The Burkes Victoria Burke came to enroll her grandsons in school. Their father was recently incarcerated and will most likely be in prison for two years. Ms. Burke mentioned that she is struggling to take care of the children due to her health problems. Are the children eligible for MV services? What additional information do you need?

The Riddles The Riddle family, including three children, is living in a house with Mr. Riddle’s sister’s family and the children’s grandparents. The three families have lived together for at least two years and have no plans to move. Are the children eligible for MV services? What additional information do you need?

The Millers The Millers lost their home in District A last spring and doubled up with Mrs. Miller’s mother. Children, Micah and June, were determined to be MV eligible. During the summer, the parents and June moved into permanent housing, but Micah stayed at his grandmother’s to help out as she recovers from her hip surgery. It’s time for registration for the new school year. Is Micah still MV eligible?

The Phillips Kathy Phillips and her two children lived with her mom last school year, and the children were identified as MV eligible. Kathy recently enrolled in college full time. Once her classes start, she and her daughters will stay at her sister’s apartment close to the college during the week and at her mom’s on the weekend. Kathy asked for transportation to keep the children in the school of origin in her mom’s school district. Do the children qualify for MV services?

The Lesters The Lester family was living in an apartment. When the landlord raised the rent, they moved to a hotel while they look for another rental at the same rate they were paying. What questions would you ask to determine if the family qualifies for MV services?

Diane is at a residential treatment center. At the beginning of the summer, her sister, Susan, and her sons moved to Diane’s home from another state to take care of Diane’s children. At the end of the summer, Susan brought all the children back to her hometown & moved into a motel until she can find housing for all five of them. The motel is in the district adjacent to where her children attended last year. Are Susan or Diane’s children McKinney- Vento eligible? Diane and Susan

A divorced mom with legal custody of her son, Ray, lost her housing. No one knows where she is staying. Ray is staying at the home of his biological father who travels frequently for his job. The school has tried to contact the father several times, but he does not respond. Is Ray homeless? Is he an unaccompanied youth? What additional information do you need? Ray

Janine Eighteen year old Janine 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 moving to another friend’s home. Is Janine eligible?

The Browns The Browns lived in their own home until storm damage made it unlivable. The insurance company has not determined if the damage will be covered. The family is still paying the mortgage but until the claim is settled, they can’t rebuild. In the meantime, they’re staying with friends. Are the Browns eligible?

Emily Emily told the school counselor her home’s heating system is broken. The counselor thinks Emily may be eligible for MV services. Is Emily eligible? What questions would you ask?

Final Questions?