ELIGIBLE OR NOT?: UNDERSTANDING THE MCKINNEY-

VENTO DEFINITION OF

HOMELESS Christina Endres

cendres@serve.org

Jan Moorejmoore@serve.org

The U.S. Department of Education’s technical assistance and information center

NCHE has: A comprehensive website: www.serve.org/nche A toll-free helpline: Call 800-308-2145 or e-mail

homeless@serve.org A listserv: visit www.serve.org/nche/listserv.php for

subscription instructions Free resources: Visit

www.serve.org/nche/products.php

GET TO KNOW NCHE

Definition: Understand who is homeless under the McKinney-Vento Act

Process: Discuss steps to obtain and analyze necessary information

Application: Practice what you learned with example scenarios

Today’s foundation: NCHE’s Determining Eligibility for Rights and Services Under the McKinney-Vento Act www.serve.org/nche/downloads/briefs/det_elig.pdf

SESSION OUTLINE

LAYING THE GROUNDWORK

Eligibility is determined on case-by-case basis, examining each student’s living arrangement Some instances are clear-cut Others require further inquiry and a judgment call

If living arrangement does not meet all three criteria in the definition, student is eligible.

Common examples of homeless situations are listed in the law Many other eligible situations are not listed

ADDRESSING DISAGREEMENTS

If parents/guardians or unaccompanied homeless youth (UHY) disagree with school about eligibility, schools follow the state’s dispute resolution process which includes: A referral to the local liaison for assistance with the

appeal process Immediate enrollment in requested school The provision of all services to which McKinney-Vento

eligible students are entitled (e.g. transportation, Title I services, free meals).

Continued enrollment until the dispute is resolved

THE DEFINITION

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

THE DEFINITION

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

FIXED, REGULAR, AND ADEQUATE

Working definitions 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)?

THE PROCESSSTEP 1: GET THE FACTS

Use a residency questionnaire for all students Sample questionnaires

www.serve.org/nche/forum/eligibility.php

Don’t contact persons outside the school system for information about living situations (FERPA)

THE PROCESSSTEP 1: GET THE FACTS

Discuss living arrangements in a private place, with sensitivity and respect

Avoid using the word “homeless” Can be stigmatizing May be eligible but not view selves as homeless

Explain that you are asking questions to determine potential eligibility for services

See NCHE’s Confirming Eligibility brief www.serve.org/nche/downloads/briefs/verif_ll.pdf

THE PROCESSSTEP 2: ANALYZE THE

FACTS 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

THE PROCESSSTEP 3: CALL FOR BACK-UP Contact your State Coordinator; visit

www.serve.org/nche/states/state_resources.php for contact info

Contact NCHE at 800-308-2145 or homeless@serve.org

“Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason”

Questions to determine eligibility: Is the living arrangement fixed, regular, and

adequate? Why did the parties move in together? Crisis or by

mutual choice as a plan for mutual benefit? How permanent is the living situation intended to

be? Where would the student live if not doubled up?

DOUBLED-UP

DOUBLED-UP

Common questions

Is there a limit on how long a doubled-up student can be considered homeless?

Are both doubled-up parties homeless?

Best practice: Revisit homeless situations prior to the beginning of each school year

ELIGIBLE OR NOT?

Mr. Garcia and his son, Jose, showed up at your school at the beginning of the year to

enroll Jose. On the district’s housing questionnaire, Mr. Garcia checked “yes” to

the question regarding sharing housing and indicated they are living in the area

with his parents.

AWAITING FOSTER CARE PLACEMENT

Children awaiting foster care placement often face the same residential and school mobility as other homeless students

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

AWAITING FOSTER CARE PLACEMENT (CONT.)

Determine eligibility through the lens of lacking a fixed, regular, and adequate nighttime residence

Some states have policies/laws regarding students involved with foster care Contact your State Coordinator for more

information

HOMELESS AND UNACCOMPANIED

To receive MV services and rights as an unaccompanied homeless youth (UHY), student

must be both:

Homeless lacking fixed, regular, and adequate nighttime

residence

AND Unaccompanied

not in physical custody of a parent or guardian

HOMELESS AND UNACCOMPANIED (CONT.)

No age limits in McKinney-Vento States set age criteria for public education Any youth within state age criteria limits can be

eligible

Eligible students include those kicked out of their homes and those who chose to leave Sometimes there is “more than meets the eye” for

youth’s home life situations

ELIGIBLE OR NOT?

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 going somewhere else to

stay (not home).

THE SCHOOL’S CHARGE

Schools are fundamentally educational agencies Primary responsibility: enroll and educate, in

accordance with the federal McKinney-Vento Act; federal law supersedes state and local law

Balance student and school interests by making referrals, and accessing school resources like social workers and mediators

ELIGIBLE OR NOT?

Lacey comes to your school to enroll herself without an adult. She tells you that

she can’t get along with her stepdad and had to leave home. Her mom calls the

school and says Lacey just wants to live with her boyfriend.

SUBSTANDARD HOUSING

No official federal definition Evaluate according to your community’s norms

Common indicators Does not meet local building code Inoperable indoor plumbing Nonworking, inadequate or unsafe electrical service No working kitchen Condemned by a government agency Overcrowded: Does not meet occupancy

guidelines in local/state building codes

ELIGIBLE OR NOT?

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.

FINAL QUESTIONS?

FOR MORE INFORMATION

State Coordinator for Homeless Education:www.serve.org/nche/states/state_resources.php

NCHE website: www.serve.org/nche

NCHE Helpline: 800-308-2145 or homeless@serve.org