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McKinney-Vento 201 and Best Practices in New Mexico

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Title: McKinney-Vento 201 and Best Practices in New Mexico


1
McKinney-Vento 201 and Best Practices in New
Mexico
  • Joseph Sanchez, State Coordinator for Homeless
    Education
  • New Mexico Department of Education
  • Joseph.sanchez1_at_state.nm.us
  • 505.222.4743

2
Housekeeping
Cell phones off or on vibrate Be kind Be
courteous
3
Todays Goals
  • Become familiar with important advanced homeless
    education concepts
  • Eligibility
  • Unaccompanied Youth
  • Transportation
  • Title IA
  • IDEA
  • Learn good practices and implementation
    strategies by networking with colleagues

4
Determining Eligibility
  • Determining Eligibility for Rights and Services
    Under the McKinney-Vento Act and Confirming
    Eligibility for McKinney-Vento Services Dos and
    Donts for Local Liaisons (handouts)NCHE
    Information by Topic www.serve.org/nche/ibt/sc_el
    igibility.php
  • New Mexico Student Residency Questionnaire Form
    (handout)
  • New Mexico Dispute Resolution Policy
  • NM Administrative Code 6.10.13 Homeless Policy
    Rule at http//www.nmcpr.state.nm.us/NMAC/cgi-bin/
    hse/homepagesearchengine.exe?urlhttp//www.nmcpr.
    state.nm.us/nmac/parts/title06/06.010.0003.htmget
    urltermshomelesspolicy (handout)

5
The Definition
  • Individuals 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
    camping grounds due to the lack of alternative
    adequate accommodations
  • Living in emergency or transitional shelters
  • Abandoned in hospitals
  • Awaiting foster care placement

6
The Definition (cont)
  • Have a primary nighttime residence that is 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 circumstances
    described above
  • Unaccompanied youth living in the circumstances
    described above

7
Laying the Groundwork
  • McKinney-Vento eligibility is determined on a
    case-by-case basis by examining the living
    arrangement of each student.
  • Some instances will be clear-cut others will
    require further inquiry and then a judgment call.
  • If the living arrangement does not meet all three
    criteria (fixed, regular, and, adequate), it is
    considered a homeless situation.
  • The examples of homeless situations listed in the
    definition address some of the more common
    situations of homelessness the list of examples
    is not exclusive.

8
Fixed, Regular, and Adequate
  • What do the terms fixed, regular, and adequate
    mean?
  • Fixed Stationary, permanent, and not subject to
    change
  • Regular Used on a predictable, routine, or
    consistent basis (e.g. nightly)
  • Adequate Sufficient for meeting both the
    physical and psychological needs typically met in
    home environments
  • Use the sample questions on pages 5-6 of the
    Determining Eligibility brief

9
What If We Disagree?
  • If there is a disagreement about whether the
    student meets the McKinney-Vento definition of a
    homeless child or youth (between the
    parents/youth and the school), New Mexicos
    dispute resolution process should be followed.
  • Under the dispute resolution process
  • The parent/guardian/unaccompanied youth should be
    referred to the local liaison for assistance with
    the appeal process.
  • The student must be enrolled immediately in the
    requested school.
  • The student must be provided with all services to
    which McKinney-Vento eligible students are
    entitled (e.g. transportation, Title I services,
    free meals).
  • Enrollment must continue until the dispute is
    resolved.
  • New Mexico Dispute Resolution Policy
  • ( provided earlier Policy handout)

10
Step 1 Get the Facts
  • Use an enrollment questionnaire for all students
    this will assist with identifying eligible
    students.
  • If the form indicates a possible homeless
    situation, refer to the local liaison to
    determine eligibility.
  • Discuss the living arrangement with the
    family/student in a private place and with
    sensitivity.
  • Ask additional questions respectfully, as needed.
    (these are often very personal discussions for
    the family)

11
Step 1 Get the Facts (cont)
  • Avoid using the word homeless some families
    may want to avoid the stigma others may not
    consider themselves homeless and yet they might
    be eligible.
  • Inform the family about the benefits of
    eligibility, including immediate enrollment and
    the provision of services.
  • (FERPA) Avoid contacting persons outside the
    school system to probe for more information
    regarding the familys living arrangement see
    NCHEs Confirming Eligibility brief at
    www.serve.org/nche/downloads/briefs/verif_ll.pdf
    (handout - provided earlier)

12
Step 2 Analyze the Facts
  • Does the students living arrangement fit into
    one of the examples of homelessness in the law?
  • If not, would the student qualify for services
    because he/she lives in another type of living
    arrangement that does not meet the fixed,
    regular, and adequate standard?
  • Use the information/questions contained in the
    Determining Eligibility brief to assist in
    answering these questions.

13
Step 3 Call for Back-up
  • Contact Joseph Sanchez at (505) 222-4743 or
    joseph.sanchez1_at_state.nm.us
  • Contact the NCHE Helpline at 800-308-2145 or
    homeless_at_serve.org

14
New Mexico Enrollment Recommendation for LEAs
  • Include NM Residency Questionnaire in all
    district enrollment packets
  • Complete the Title X, Part C Referral Form to
    assess the needs of identified homeless students
  • Inform parents, guardians, or youth of
    educational rights, including school or origin
    and transportation
  • Local liaison must maintain student folders to
    include
  • New Mexico Residency Questionnaire
  • Title X, Part C Referral Form

15
New Mexicos Enrollment Recommendation for LEAs
(cont)
  • Document services received by student (e.g., free
    lunch, tutoring, transportation, uniforms, school
    supplies, and/or other comparable services)
  • Homeless Liaisons and Student Teacher
    Accountability Reporting System (STARS)
    Coordinators should collaborate to report the
    primary nighttime residence Homelessness
    Indicator code as identified on the New Mexico
    Residency Questionnaire or a form created by your
    LEA

16
Doubled-Up
  • Legislative wording Sharing the housingof
    other persons due to loss of housing, economic
    hardship, or a similar reason
  • Questions
  • Why did the family move in together? Crisis or
    by mutual choice as a plan for mutual benefit?
  • How permanent is the living arrangement intended
    to be?
  • Is the living arrangement fixed, regular, and
    adequate?
  • See pages 2-3 of the Determining Eligibility
    brief for a discussing of shared housing use
    questions on pages 5-6, also

17
Doubled-Up (cont)
  • But
  • Are all doubled-up situations automatically
    homeless?
  • Is there a limit on how long a doubled-up child
    should be considered homeless?
  • Are both doubled-up parties homeless?

18
Awaiting Foster Care Placement
  • Collaborate with your local child welfare
    community
  • Consider whether the placement is a temporary,
    emergency placement or if the placement is
    intended to be permanent
  • Determine awaiting foster care placement
    eligibility on a case-by-case basis

19
Scenario Eligible or Not?
  • Patricia and her son, Luis, showed up mid-year at
    your school to enroll Luis, saying theyve just
    moved in with relatives that live in the area.
    You suspect Luis might qualify for McKinney-Vento
    services, but youre not sure.
  • What questions would you ask to determine if Luis
    is eligible?
  • Are there certain circumstances under which you
    would qualify Luis and other circumstances under
    which you wouldnt?
  • Other questions on eligibility?

20
Unaccompanied Youth
  • NCHE Information by Topic www.serve.org/nche/ibt/
    sc_youth.phpNCHE Forum www.serve.org/nche/forum
    /youth.phpNCHE Best Practices and Model
    Programs www.serve.org/nche/best/youth.phpNew
    Mexico Department of Education McKinney-Vento
    Homeless Assistance Program Enrollment Services
    to Unaccompanied Youth (handout)

21
Unaccompanied Homeless Youth
  • The McKinney-Vento defines unaccompanied youth as
    a youth not in the physical custody of a parent
    or guardian
  • An unaccompanied youths living arrangement must
    meet the Acts definition of homeless for him/her
    to qualify for McKinney-Vento services
  • There is no lower age limit for unaccompanied
    youth the upper age limit (as with all
    McKinney-Vento eligible students) is your states
    upper age limit for public education Louisianas
    upper age limit is 21
  • 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 youths home life
    situations

22
Unaccompanied Homeless Youth (cont)
  • In New Mexico, schools are mandatory reporters of
    suspected abuse and neglect and substance abuse
    (22-10A-32. Licensed school employees required
    training program) (handout)
  • Running away is not a statutory offense in New
    Mexico therefore, schools are not required to
    report runaways (NMSA 1978, Section 32A-3B-3(A)
    (handout) when in doubt ? report!
  • Visit www.childwelfare.gov/systemwide/laws_polici
    es/state/ for useful information on state law

23
Unaccompanied Homeless Youth (cont)
  • Minor medical consent in New Mexico (handout)
  • A Minor
  • A minor is a person under the age of 18.
  • Informed Consent
  • As a general rule, New Mexico law requires a
    minor who
  • seeks medical treatment to obtain the consent of
    a parent
  • or guardian. Several important exceptions are
    described
  • below. In the situations outlined in this card, a
    minor who
  • understands the risks, benefits and proposed
    alternatives to
  • certain health services may give informed consent
    without
  • the consent of a parent or guardian.

24
Enrolling Unaccompanied Youth
  • Common methods of enrollment
  • Responsible adult enrolls (an option use
    caregiver authorization form for contact
    information can not be required for enrollment)
  • Youth enrolls himself/herself
  • Local liaison enrolls
  • The person who enrolls the youth generally signs
    forms and makes educational decisions

25
New Mexico Public Education Enrolling
Unaccompanied Youth
  • Revise LEA policies, such as those related to
    attendance and credit accrual, to eliminate
    barriers to academic success for unaccompanied
    youth.
  • Implement policies to address issues related to
    required signatures for unaccompanied youth to
    participate in field trips or extracurricular
    activities.
  • Provide opportunities to enroll in diversified
    learning opportunities such as vocational
    education, credit-for-work programs, and flexible
    school hours, yet ensure that they are integrated
    with the mainstream school environment, including
    extracurricular activities, as much as possible.
  • Maintain a list of available surrogate parents to
    assist unaccompanied youth with their special
    education needs.

26
Unaccompanied YouthLiability Concerns
  • Liability is based on negligence
  • Negligence Conduct that falls below the
    standards of behavior established by law for the
    protection of others against unreasonable risk of
    harm a person has acted negligently if he or she
    has departed from the conduct expected of a
    reasonably prudent person acting under similar
    circumstances
  • To establish liability Must prove that there was
    the duty to act, that there was a failure to
    fulfill that duty, and that this failure caused
    harm to the student
  • Source http//legal-dictionary.thefreedictionary.
    com/
  • Note This slide is not official legal advice
    please consult with your districts general
    counsel when making decisions at the district
    level

27
Scenario Amanda
  • Jared shows up at your school to enroll, saying
    his stepfather kicked him out of the house
    because they couldnt get along and hes now
    staying with a friend that lives in the area.
  • Would you qualify Jared for McKinney-Vento
    services? How would you come to your decision?
  • What other services and supports would
    youconsider for Jared?
  • How would you respond if Jareds mom called your
    school saying she didnt want Jared enrolled
    there?
  • Other questions about unaccompanied youth?

28
Transportation
  • Increasing School Stability for Students
    Experiencing Homelessness Overcoming Challenges
    to Providing Transportation to the School of
    Origin and Transportation for Homeless Children
    and Youth Strategies for Rural School Districts
    at www.serve.org/nche/ibt/sc_transport.php
    (handout)
  • NCHE Information by Topic www.serve.org/nche/ibt/
    sc_transport.php
  • NCHE Forum www.serve.org/nche/forum/transp.php

29
Transportation The Basics
  • Under McKinney-Vento
  • Transportation must be provided to/from the
    school of origin if it is in the students best
    interest to attend there
  • Feasibility is based on the students best
    interest and is a student-centered determination
  • Transportation must also be provided under
    McKinney-Ventos comparable services provision
  • Policies that act as a barrier to the school
    enrollment and retention of homeless students
    must be reviewed and revised transportation is
    included in this general mandate

30
TransportationCovering the Cost
  • McKinney-Vento subgrant funds can be used to
    cover the excess cost of transporting homeless
    students
  • ARRA stimulus funding can be used to pay for
    transportation (one of the 16 allowable usages of
    funds) NONEXISTENT AFTER JUNE 30, 2011
  • Title I funds can be used for non-school of
    origin transportation, if the transportation
    supports the childs education (e.g. afterschool
    programs, field trips, before-school programs,
    etc.)
  • Can use general transportation funds or other
    funds, as appropriate

31
Transportation Strategies
  • Think creatively (strategies from NCHEs
    transportation tip sheet)
  • Reroute busses
  • Consider logical transfer points (for intra-and
    inter-district transportation) ask
    transportation personnel for assistance in
    mapping
  • Use special education busses (often have the most
    flexibility in routing)
  • Use alternative education busses
  • Encourage afterschool program participation, as
    this broadens transportation options more bus
    drivers may be available, parents may be able to
    pick up the child, Title I dollars can be used
  • Use public transportation, as appropriate

32
Transportation Strategies (cont)
  • Think creatively (cont)
  • Use taxis or ask parents to transport to a
    transfer point or the students prior bus stop
  • Contract with community members (example
    contracting with retired persons see tip sheet)
  • Contract with school district staff (see tip
    sheet)
  • Set up a reimbursement program
  • Reimburse parents, caregivers, older youth,
    carpoolers
  • Develop a policy for parents to sign, including
    the reimbursement rate and policies on timing,
    student absences, and changes in residence

33
Questions on Transportation?
34
Title IA
  • NCHE Information by Topic www.serve.org/nche/ibt/
    sc_titlei.phpNCHE Title IA Legislative
    Resources www.serve.org/nche/legis_other.phptitl
    eia(includes September 2009 Title IA ARRA
    Guidance)

35
The Title IA set-aside
  • Title IA of NCLB requires districts to set aside
    Title IA funds to be used to serve homeless
    students these funds can be used
  • To support homeless students not attending a
    Title IA school
  • To provide services to homeless students that are
    not ordinarily provided to other Title I students
    and that are not available from other sources,
    according to the need of the homeless student

36
The Title IA set-aside (cont)
  • Federal law does not give any set method for
    determining the set-aside some suggested methods
    include
  • Project for next year based on this years
    numbers and any anticipated new needs or change
    in the homeless population
  • Multiply the of homeless students by the Title
    IA per pupil allocation
  • Match your McKinney-Vento subgrant
  • Reserve a of your Title IA funds based on your
    districts poverty level
  • Louisiana best practice option

37
Title IA Set-Aside Guiding Questions re
Services
  • Is it already identified as a program component
    or need in the consolidated plan?
  • Is it an educationally-related need or support
    service?
  • Are there other district or community funding
    sources already set up to provide what is needed?
  • What is the cost in proportion to the overall
    program budget or per-pupil expenditure?
  • Is the expense critical to maintaining the
    students enrollment, attendance or success in
    school?

38
Title IA Set-Aside Permissible Usages of Funds
  • Tutoring (including in shelters, motels, and
    other places where homeless students live)
  • School uniforms (if not available from other
    sources)
  • Transportation to participate in afterschool
    activities
  • Health, nutrition, and other social services, if
    not available from any other source (including
    basic medical equipment, such as eyeglasses
    and/or hearing aids)

39
Title IA Set-Aside Permissible Usages of Funds
(cont)
  • Title IA set-aside funds should be used only to
    the extent that services and supports are not
    available from other sources
  • (New Guidance) LEA may use Title IA ARRA funds to
    provide, where appropriate, items or services
    including, but not limited to
  • Items of clothing, particularly if necessary to
    meet a schools dress or uniform requirement
  • Clothing and shoes necessary to participate in
    physical education classes
  • Student fees that are necessary to participate in
    the general education program
  • Personal school supplies such as backpacks and
    notebooks
  • Birth certificates necessary to enroll in school
  • Immunizations
  • Food

40
Title IA Set-Aside Permissible Usages of Funds
(cont)
  • Medical and dental services
  • Eyeglasses and hearing aids
  • Counseling services to address anxiety related to
    homelessness that is impeding learning
  • Outreach services to students living in shelters,
    motels, and other temporary residences
  • Extended learning time (before and after school,
    Saturday classes, summer school) to compensate
    for lack of quiet time for homework in shelters
    or other overcrowded living conditions
  • Tutoring services, especially in shelters or
    other locations where homeless students live
  • Parental involvement specifically oriented to
    reaching out to parents of homeless students
  • Fees for AP and IB testing
  • Fees for SAT/ACT testing
  • GED testing for school-age students
  • Supporting the position of the local liaison

41
Title IA Set-Aside Prohibited Usages of Funds
  • Transportation to/from the school of origin
  • Rent
  • Utilities
  • Clothing for parents

42
Questions on Title IA?
43
IDEA/Special Education
  • NCHE Information by Topic www.serve.org/nche/ibt/
    sc_spec_ed.phpNCHE IDEA Legislative Resources
    www.serve.org/nche/legis_other.phpidea

44
IDEA Continuation of Servicesfor Mobile
Students
  • If a student transfers during the IDEA evaluation
    process
  • Evaluations continue
  • Original timeframe for completion remains valid,
    unless the new school district is making
    sufficient progress to ensure a prompt
    completion of evaluations and the parent agrees
    to an alternative timeline

45
IDEA Continuation of Servicesfor Mobile
Students (cont)
  • If the student has an IEP in place and transfers,
    the new district
  • Must provide appropriate services immediately
    that are comparable to what is in the students
    IEP
  • Can adopt the previous IEP or write a new IEP, in
    consultation with the parent, while comparable
    services continue

46
IDEASchool of Origin Considerations
  • Special education placements must be as close as
    possible to the childs home, unless the IEP
    (including parent input) requires some other
    arrangement and considers any potentially harmful
    effect of the child or quality of services s/he
    needs the right to attend the school of origin
    remains in effect. 300.116

47
IDEA2008 Q and A Document
  • Section F Unaccompanied Homeless Youth and
    Surrogate Parents
  • Surrogate Parents
  • SEA must make reasonable efforts to appoint
    within 30 days
  • Are considered the unaccompanied youths parent
    for special education purposes
  • Cannot be an employee of the SEA, LEA, or any
    other agency involved in the education or care of
    the child
  • Must have no personal or professional interests
    in conflict with the interest of the child
  • Must have the necessary knowledge and skills

48
IDEA2008 Q and A Document (cont)
  • Section F Unaccompanied Homeless Youth and
    Surrogate Parents
  • Temporary Surrogate Parents
  • Appointed immediately
  • Appropriate staff of emergency shelters,
    transitional shelters, independent living
    programs and street outreach programs that are
    involved in the education or care of the child
    may be appointed as temporary surrogate parents
    without regard to the non-employee requirement
  • Must have no personal or professional interests
    in conflict with the interest of the child
  • Must have the necessary knowledge and skills
  • Rights transfer to the student upon the student
    reaching the age of majority

49
Questions on IDEA?Any remaining questions?
50
Thank you!
  • Presenters Contact Information
  • Joseph Sanchez joseph.sanchez1_at_state.nm.us
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