1. The Reauthorization of the McKinney-Vento Act A Forum on Our Future 20th Annual NAEHCY Conference Sunday, November 2, 2008

2. Status of Reauthorization Draft legislation introduced in 2007, including H.R. 3205, our “dream bill” No action taken in 2008 due to election 2009: much depends on the agenda of the new Administration, competing issues, and economic situation

3. Major Issues in Reauthorization McKinney-Vento Personnel: State Coordinators and Local Liaisons School Stability Provisions (“Feasibility”) Enrollment Transportation Disputes Credits/Academic Support Extra-curricular activities Unaccompanied Youth Preschool Children Funding Level Title I, Part A Setasides Children and Youth in Foster Care

4. McKinney-Vento Personnel: State Coordinators and Local Liaisons Issues: lack of time; lack of training; lack of resources HR 3205: state coordinators and local liaisons must have “sufficient training, resources, and time” to carry out duties 2009 Dream Bill?

5. School Selection Provisions Issues: “to the extent feasible” weakens law; problems with feeder schools H.R. 3205: –Presumption that school of origin is in best educational interest, unless Against parent/guardian/youth wishes Best interest determination based on student-centered, individualized factors weighs in favor of local enrollment If LEA determines not school of origin or wish of parent, guardian, youth: written notice/appeal must be provided –“School of origin” encompasses feeder school systems 2009 Dream Bill?

6. Enrollment Provisions Issues: fees remain a significant barrier H.R. 3205: –Clarifies immediate enrollment, even if student owes fees or is unable to pay fees in school selected –Clarifies records must be released even if student owes fees or is not withdrawn in accordance with local procedures 2009 Dream Bill?

7. Transportation Provisions Issues: lack of funding creates implementation problems; subgrants don’t reach all LEAs HR 3205 –Provides a dedicated funding stream at state level, separate from main program, to defray cost of transportation (school of origin, preschool, after school programs and extra- curriculars, parental involvement, removing barriers). Authorized at $35 million. 2009 Dream Bill?

8. Dispute Resolution Provisions Issues: procedures not accessible, ability of state to ensure compliance H.R. 3205: –State Dispute Resolution Processes must ensure that local dispute processes are accessible, decision-makers receive training; parents/youth have opportunities to present complains –State Dispute Resolution Processes must ensure that parents/youth can appeal to the SEA, which can issue binding decisions; procedures to resolve disputes between LEAs; processes for providing supplemental academic support if student’s rights are violated 2009 Dream Bill?

9. Credit Accrual and Recovery Issues: youth lack credits due to mobility and attendance issues; creates a barrier to retention in school HR 3205: –Requires policies to ensure youth receive credit for full or partial coursework satisfactorily completed at a prior school, and have opportunities to recover credits lost during homelessness 2009 Dream Bill?

10. Access to Academic Support Issues: barriers persist for academic programs HR 3205: –Ensures that children and youth who meet the relevant criteria have access to magnet school, summer school, charter schools, field trips, activities with fees –Requires policies and practices to ensure children and youth have opportunities to meet the same State standards to which other students are held 2009 Dream Bill?

11. Access to Extra-Curricular Activities Issues: barriers persist to homeless children’s participation in many extra-curricular activities HR 3205: –Ensures that children and youth have access to extra-curricular activities, athletic activities for which they meet skill level requirements, paying attention to barriers caused by fees, enrollment deadlines, transportation 2009 Dream Bill?

12. Unaccompanied Youth Issues: unaccompanied youth face additional barriers; fears about liability impede compliance HR 3205: –Requires liaisons to ensure unaccompanied youth are enrolled and have opportunities to meet State standards –No liability for complying with M-V and enrolling without parents or guardians 2009 Dream Bill?

13. Preschool Children Issues: MV’s reach is narrow; lack of capacity, fragmented nature of early childhood programming create barriers HR 3205: –Requires preschool programs funded, administered, or overseen by SEA or LEA to identify and prioritize homeless preschool children for enrollment, and comply with other parts of M-V –Requires other State-funded preschool programs to identify and prioritize for enrollment 2009 Dream Bill?

14. Authorized Funding Level Issue: current level of $70 million is too low; only 6% of LEAs receive MV subgrant funding HR 3205 would raise authorized funding level to $140 million Housing & Economic Recovery Act of 2008 raised authorization to $100 million, but $30 million is to respond to foreclosures Economic stimulus: we are requesting at least $36 million to respond to crisis 2009 Dream Bill?

15. Title I Part A: Set-asides Issues: too many “loopholes” in law; problematic interpretations from ED HR 3205: –Clarifies that setaside is for schoolwide, targeted, and non- participating schools –Setaside must be based on a needs assessment of homeless children and youth and determined collaboratively with the liaison –Authorizes use of setaside for transportation to the school of origin and to assist position of the liaison –Local plan must describe how amount of set-aside matches need assessment 2009 Dream Bill?

16. Children and Youth in Foster Care “Awaiting foster care placement” is vague and varies tremendously nationwide State laws (AB 490 in CA) that are “McKinney-Vento- esque” have been positive for youth in foster care Multiple connections between homelessness and foster care: similar issues of mobility and poor outcomes; sometimes these are the same children and youth (homeless prior to and after care) In light of the above, legislative efforts in 2007 to include all children in foster care in McKinney-Vento

17. Children and Youth in Foster Care Concerns about inclusion: –MV does not have the capacity to meet all currently eligible students (state coordinator and local liaison capacity, as well as transportation costs) –The focus on homeless students, who are more difficult to identify and have fewer advocates, will be lost; child welfare is a much bigger player –Child welfare agencies will be “let off the hook” for their responsibilities (newly enacted legislation, H.R. 6893 addresses some, but not all, of these issues)

18. Children and Youth in Foster Care Option A: Inclusion occurs only when MV appropriations reach a certain level, and when state child welfare agencies and state education agencies agree to MOU for sharing responsibilities Option B: The educational needs of children in foster care are addressed via another part of federal law (Title I, Part D) to allow for unique focus on each population, and appropriate collaboration between programs; reforms include ability to stay in school of origin, immediate enrollment, etc.

19. Possible Additions to the Agenda Standing authorization for MV funding to respond to emergencies? Required use of residency forms to assist with identification? Revise McKinney-Vento formula for state allocations? Where does MV fit in big picture of accountability, high school reform, etc? What are we missing?

20. What Data, Information, Partnerships, and Strategies Do We Need? Achievement data, especially connected to stability/transportation Documentation of barriers for all populations: quantitative and qualitative (stories) Numbers and trends: economic crisis and foreclosures We have great bi-partisan support in the House, but we need a Republican Senator as a champion! Persistent, sustained, engaged relationships with legislators and their staff

21. Next Steps For existing proposals, please send comments, examples, data Send us your new ideas For legislative emails, send email request to bduffield@naehcy.org (or give me your card/paper with email address)bduffield@naehcy.org For web updates: www.naehcy.org/update.html www.naehcy.org/update.html

22. Contact Information Barbara Duffield, Policy Director National Association for the Education of Homeless Children and Youth Website: www.naehcy.org Phone: 202.364.7392 bduffield@naehcy.org Eric Tars, Human Rights Staff Attorney National Law Center on Homelessness & Poverty Website: www.nlchp.orgwww.nlchp.org Phone: 202.638.2535, ext. 211 etars@nlchp.org