Unaccompanied Youth and Awaiting Unaccompanied Youth and Awaiting Foster Care PlacementFoster Care Placement

Hosted by the North CarolinaHomeless Education Program (NCHEP)

Bernette Kelley, Program Specialist (NCHEP)Teresa Lewis, Assistant Program Specialist

(NCHEP/NCHE)Christina Dukes, Program Specialist (NCHE)

“…“…Through it all, school is probably the only thing that has kept me Through it all, school is probably the only thing that has kept me going. I know that every day that I walk in those doors, I can stop going. I know that every day that I walk in those doors, I can stop thinking about my problems for the next six hours and concentrate thinking about my problems for the next six hours and concentrate on what is most important to me. Without the support of my on what is most important to me. Without the support of my school system, I would not be as well off as I am today. School school system, I would not be as well off as I am today. School keeps me motivated to move on, and encourages me to find a keeps me motivated to move on, and encourages me to find a better life for myself.” better life for myself.”

Carrie Arnold, LeTendre Scholar, 2002

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What We’re All About

http://www.serve.org/hepnc

About NC Homeless Education Program (NCHEP)

• NCHEP is dedicated to ensuring that all children and youth experiencing homelessness have access to the public education to which they are entitled under the federal McKinney-Vento Act.

• NCHEP works towards this goal by– Ensuring that North Carolina's state policies are in compliance with federal

law– Providing technical assistance to North Carolina's local homeless education

liaisons– Providing informational and awareness materials to educators and other

interested community members throughout North Carolina.

• For additional information visit http://www.serve.org/hepnc

http://www.serve.org/hepnc

NC Homeless Education Statistics

The preliminary number for the 2008-2009 school year is 18,815

Compared to 16,947 K-12 homeless children and youth identified during the 2007-2008

school year

http://www.serve.org/hepnc

“Awaiting Foster Care Placement”(AFCP)

• 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 a definition that makes sense for their community.

http://www.serve.org/hepnc

“Awaiting Foster Care Placement” (cont)

• Why qualify?: Children awaiting foster care placement often face the same residential and school mobility as other homeless students

• View through the lens of lacking a fixed, regular, and adequate nighttime residence

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Demographics

• 1+ million youth ages 12-17 become homeless unaccompanied youth each year

• Disproportionate representation of minority ethnic groups, GLBT youth, and pregnant/parenting teens

• Generally aged 13 or older, but can be younger• U.S. Mayors’ report lists unaccompanied youth as

accounting for 2% of all homeless people

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Unaccompanied Youth

• Definition: Any student not living in the physical custody of a parent or guardian– Eligibility for MV is based on whether the living

situation is fixed, regular, & adequate– No lower age limit, upper age limit is school age

defined by the state.– No citizenship requirement (Plyler v. Doe)

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Unaccompanied Youth

– A youth can be eligible regardless of whether he/she was asked to leave the home or chose to leave; remember that sometimes there is “more than meets the eye” for youth’s home life situations

– An unaccompanied youth’s living arrangement must meet the Act’s definition of homeless for him/her to qualify for McKinney-Vento services

http://www.serve.org/hepnc

Rights of Unaccompanied Students

• Unaccompanied youth have the same rights under the McKinney-Vento Act as other eligible children and youth– Immediate enrollment, even when lacking records– Attend either the school of origin, if feasible, or

the local school– Receive transportation to the school of origin– Equal access to programs and services– Access to the dispute resolution process

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Special Provisions

• UY do not need a parent/guardian to enroll or have access to services

• Local liaison must support the student in making decisions and understanding his/her rights

• UY have the same right to appeal as parents/guardians

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Paths to Being “On Your Own”

• Family conflict• Parental incarceration, substance abuse,

illness, death, etc.• Foster care issues: aging out of the foster care

system; running away from a foster care placement

• Family homelessness

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Liaison Duties

• Inform school personnel about the requirements of the law and the needs of UY

• Identify UY• Help UY select and enroll in school• Obtain school/medical records• Inform UY of their rights to transportation to the

school of origin and assist with arranging this transportation

• Inform UY of their right to appeal school selection decisions counter to their wishes; ensure the youth’s immediate enrollment pending resolution of the dispute

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Identification Strategies

• Community agencies and schools can work together to promote awareness activities

• Refer potentially eligible students to local liaison • Use your “eyes and ears” in the community to

support school efforts to reach unaccompanied children and youth

• Make schools inviting with adults students can trust.

http://www.serve.org/hepnc

• What agencies or individuals could you partner with to identify youths in your community?

• What’s the first step to beginning collaborative relationships with those agencies or individuals?

• What would help you identify eligible students already enrolled in your school?

Brainstorm Identification Strategies

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Enrollment Strategies

• Three common methods for enrolling unaccompanied youth– The UY enrolls himself/herself– A caregiver enrolls the UY (see

www.serve.org/nche/downloads/toolkit/app_e.pdf for sample enrollment forms)

– The local liaison enrolls the UY

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Steps to Enrollment

• Enroll• Obtain records• Work with parent if appropriate• Link student to services

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Enrollment Reminders

• School districts can not:– require a caregiver to obtain legal guardianship– Discontinue enrollment due to lack of responsible

adult or inability to produce guardianship or other paperwork

• See Handout “When Legal Guardians Are Not Present: Enrolling Students on Their Own” http://www.serve.org/nche/downloads/briefs/guardianship.pdf

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Placement Strategies

• Request record’s from the student’s previous school immediately– FERPA allows for records transfer between a previous

school and an enrolling school without written consent– Special provisions for caretakers of UY

http://www.nlchp.org/content/pubs/FERPA%20Factsheet1.pdf

• Speak with previous school personnel and the student himself/herself to gather information about the student’s academic placement and any special needs

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Strategies to Serve Youth

• Be sensitive, honest, and trustworthy– Inform UY up-front about the circumstances under

which you may be required to report them to child welfare or law enforcement

– Keep in mind the challenges they face and provide support as you are able

– Encourage youth to stay in school; support them and advocate for them in getting their education

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Participation in Extra-curricular Activities

• Enrollment - “attending classes and participating fully in school activities”;– includes extra-curricular activities offered through

the school• Program fees and deadlines can be waived

(sample policy from Delaware can be found at www.serve.org/nche/forum/extra_curr.php)

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Participation in Extra-curricular Activities (cont)

• McKinney-Vento subgrant and/or Title I, Part A set-aside funds can be used to assist with program fees, if needed

• Signing/decision-making for UY to participate in school activities– Youth sign for themselves– Local liaison signs for the youth– Caregiver signs for the youth

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Disciplinary Issues

• Disciplinary action should not be taken against a student for issues related to his/her homelessness

• For disciplinary issues not related to homelessness, standard SEA or LEA disciplinary policies would apply

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“The Sticky Stuff”: Liability/Negligence

• Liability is based on the concept of negligence, or a failure to exercise reasonable care.

• Following federal law and providing appropriate services are evidence of reasonable care.

• Violating federal law and denying services are evidence of negligence.

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NC Reporting ofSuspected Runaways

• Between 1.6 and 2.8 million youth run away in a year• In North Carolina, over 7000 runaways are reported annually• Under NC law, schools are not required to report a suspected

runaway, however…– If you feel the need to report a student for the student’s own well-

being, talk with the student first; let the student know why you wish to report him/her and what educational or other support you can offer them both before and after reporting

• Build a relationship and trust with the student to help them see that the school is a safe place for them to be

http://www.serve.org/hepnc

Support Outside of School

• Support for higher education: www.serve.org/nche/ibt/higher_ed.php

• Job Corps: http://jobcorps.dol.gov/ • TANF (Temporary Aid for Needy Families):

www.acf.hhs.gov/programs/ofa/tanf/index.html

• SSI (Supplemental Security Income): www.ssa.gov/pubs/11000.html

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FINAL QUESTIONS?

http://www.serve.org/hepnc

Contact Us• Lisa Phillips, State Coordinator for Homeless Education

North Carolina Homeless Education Program Phone: (336)315-7491Fax: (336) 315-7457E-mail: lphillip@serve.org

• Bernette Kelley, Program SpecialistNorth Carolina Homeless Education Program Phone: (336)315-7462Fax: (336) 315-7457E-mail: bkelley@serve.org

• Teresa Lewis, Assistant Program Specialist North Carolina Homeless Education Program Phone: (336)315-7416Fax: (336) 315-7457E-mail: tlewis@serve.org

http://www.serve.org/hepnc