1. 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
“Leading for educational excellence and equity. Every day for every one.”

2. 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:
Toll-free helpline: or
Listserv: Subscribe at
Free resources (Liaison Toolkit, posters, briefs):
education.state.mn.us

3. 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

4. McKinney-Vento Act
Most recently amended by the Every Student Succeeds Act (ESSA) (P.L § 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
education.state.mn.us

5. 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

6. 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
education.state.mn.us

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. NCHE Training Resources
Homeless Education Issue Briefs
Webinars
Online tutorials, recorded webinars, and PowerPoint presentations
education.state.mn.us

14. 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

15. 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

16. 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
education.state.mn.us

17. 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

18. 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

19. 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
education.state.mn.us

20. 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

21. 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

22. 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
education.state.mn.us

23. 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
education.state.mn.us

24. 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

25. 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

26. 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

27. 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

28. 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
education.state.mn.us

29. 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
Making Student Status Determinations for Unaccompanied Homeless Youth: Eligibility Tool for Financial Aid Administrators
education.state.mn.us

30. 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