1. E LIGIBLE OR N OT ? U NDERSTANDING THE M C K INNEY -V ENTO D EFINITION OF H OMELESS Christina Endres cendres@serve.org Jan Moore jmoore@serve.org

2. Operates U.S. Department of Education’s technical assistance and information center. Has  Comprehensive website: www.serve.org/nchewww.serve.org/nche  Helpline: Call 800-308-2145 or e-mail homeless@serve.org homeless@serve.org  Listserv: visit www.serve.org/nche/listserv.php for subscription instructionswww.serve.org/nche/listserv.php  Free resources: Visit www.serve.org/nche/products.php www.serve.org/nche/products.php G ET TO K NOW NCHE

3. S ETTING THE C ONTEXT 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

4. H OMELESS D EFINITION Individuals who lack a fixed, regular, and 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

5. H OMELESS D EFINITION ( CONT.) A public or private place not designed for or ordinarily used as 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 circumstances described above Unaccompanied youth living in the circumstances described above

6. U NACCOMPANIED H OMELESS Y OUTH To be considered an UHY: 1.The student’s living arrangement must meet the definition of homeless, AND 2.The student must be considered unaccompanied, defined as “not in the physical custody of a parent or guardian” Homeless Not in Physical Custody UHY

7. “F IXED, R EGULAR, AND A DEQUATE ” 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)?

8. “S HARING THE HOUSING OF OTHER PERSONS …” Clarifying questions:  Does the family or youth have a legal right to be in the home?  Can they be asked to leave at any time with no legal recourse?  Do they have their own key to the home?  What responsibilities do they have for contributing to the home?  How long can they stay?

9. “… DUE TO LOSS OF HOUSING …” Did the family or youth lose housing due to:  An 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?

10. “… ECONOMIC HARDSHIP …” Implies that limited financial resources have forced the family or youth to leave the personal 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 or illness, loss of employment, loss of public benefits, or a similar reason force the family or youth to share the housing of others temporarily?

11. A WAITING F OSTER C ARE P LACEMENT  US ED July 2004 Guidance at www.ed.gov/programs/homeless/guidance.pdf www.ed.gov/programs/homeless/guidance.pdf  Awaiting foster care placement = homeless  Already in foster care = not homeless  Some states have policies/laws regarding students involved with child welfare agencies  Contact your State Coordinator for more information

12. S UBSTANDARD H OUSING  No official federal definition  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

13. Q UESTIONS ?

14. L AYING THE G ROUNDWORK Eligibility is determined on case-by-case basis, examining each student’s living arrangement  Some instances are clear-cut, but others require digging deeper and making a judgment call If living arrangement does not meet all three criteria in the definition (fixed, regular, and adequate), student is eligible Common examples of homeless situations are listed in the law  Many other eligible situations are not listed

15. Understand that students are eligible for  The duration of their homelessness, or  Until the end of any academic year in which they obtain permanent housing Remember to re-evaluate homeless situations prior to the beginning of each school year H ELPFUL E LIGIBILITY C ONSIDERATIONS

16. S PECIFIC D OUBLED -U P C ONSIDERATIONS How the shared housing came about Intentions of both host and doubling-up families Housing options if not sharing housing Fixed, regular, and adequate criteria

17. S PECIFIC UHY C ONSIDERATIONS UHY can be eligible r egardless of age as long as they meet age criteria for public education in your state Eligibility is based on the current living situation, not whether the youth "chose” to leave or was “asked” to leave  Sometimes there is more than meets the eye for youth’s home life situations

18. T HE P ROCESS S TEP 1: G ET THE F ACTS Use a residency questionnaire for all students  Samples at www.serve.org/nche/forum/eligibility.phpwww.serve.org/nche/forum/eligibility.php Talk with parents in a private place Avoid using the word “homeless” Explain that you are asking questions only to determine potential eligibility for services Don’t contact persons outside school system for information about living situations (FERPA)  See NCHE’s Confirming Eligibility brief at www.serve.org/nche/downloads/briefs/verif_ll.pdf www.serve.org/nche/downloads/briefs/verif_ll.pdf

19. T HE P ROCESS S TEP 2: A NALYZE THE F ACTS Is the student’s living arrangement  One of the examples mentioned in the law?  Another living arrangement that is not fixed, regular, and adequate? Use questions in the Determining Eligibility brief as a guide www.serve.org/nche/downloads/briefs/det_elig.pdf www.serve.org/nche/downloads/briefs/det_elig.pdf

20. Q UESTIONS ?

21. T HE U PTONS 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. Is Sarah eligible?

22. J ANINE Janine is 19 and 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?

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

24. T HE B LAIRS The Blairs own a home in your school district where their daughter, Emily, is enrolled. Emily told the school counselor that the home’s heating system is broken and her parents cannot afford to make the repairs. The counselor thinks Emily may be eligible for MV services. Is Emily eligible?

25. J ULIA AND B AXTER Julia, a single mom, and her son, Baxter, had a place of their own until Julia was hurt at work. The injury led to several surgeries and months of physical therapy. She hasn’t been able to work since, so she, Baxter, and an old college friend moved into a place together. Is Baxter eligible?

26. J ULIA AND B AXTER : W ITH A T WIST After a few months, things didn’t work out with Julia’s college friend, so she and Baxter moved in with her parents until they can save enough to move out on their own. Is Baxter eligible? Fast forward: It’s a year later and they’re still at Julia’s parents’ home.

27. T HE M ILLERS The Millers recently lost their home, and the family had to split up. Mr. Miller and son, Micah, went to stay with a cousin, while Mrs. Miller moved to her grandfather’s with daughter, June. Soon, it became apparent that the grandfather’s health was rapidly declining, so she and June have decided to stay indefinitely. Are Micah or June eligible?

28. NCHE R ESOURCES Determining Eligibility for McKinney-Vento Rights and Services http://center.serve.org/nche/briefs.php http://center.serve.org/nche/briefs.php Confirming Eligibility for McKinney-Vento Services: Do’s and Don’ts for Liaisons http://center.serve.org/nche/downloads/ briefs/verif_ll.pdf http://center.serve.org/nche/downloads/ briefs/verif_ll.pdf Homeless Liaison Toolkit http://center.serve.org/nche/pr/liaison_ toolkit.php http://center.serve.org/nche/pr/liaison_ toolkit.php

29. F OR MORE INFORMATION State Coordinators for Homeless Education: www.serve.org/nche/states/state_resources.php www.serve.org/nche/states/state_resources.php NCHE website: www.serve.org/nchewww.serve.org/nche NCHE Helpline: 800-308-2145 or homeless@serve.org homeless@serve.org

30. F INAL Q UESTIONS ?