Title: McKinney-Vento 201 and Best Practices in New Mexico
1McKinney-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
2Housekeeping
Cell phones off or on vibrate Be kind Be
courteous
3Todays 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
4Determining 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)
5The 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
6The 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
7Laying 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.
8Fixed, 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
9What 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)
10Step 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)
11Step 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)
12Step 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.
13Step 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
14New 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
15New 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
16Doubled-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
17Doubled-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?
18Awaiting 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
19Scenario 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?
20Unaccompanied 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)
21Unaccompanied 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
22Unaccompanied 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
23Unaccompanied 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.
24Enrolling 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
25New 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.
26Unaccompanied 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
27Scenario 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?
28Transportation
- 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
29Transportation 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
30TransportationCovering 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
31Transportation 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
32Transportation 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
33Questions on Transportation?
34Title 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)
35The 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
36The 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
37Title 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?
38Title 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)
39Title 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
40Title 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
41Title IA Set-Aside Prohibited Usages of Funds
- Transportation to/from the school of origin
- Rent
- Utilities
- Clothing for parents
42Questions on Title IA?
43IDEA/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
44IDEA 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
45IDEA 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
46IDEASchool 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
47IDEA2008 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
48IDEA2008 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
49Questions on IDEA?Any remaining questions?
50Thank you!
- Presenters Contact Information
- Joseph Sanchez joseph.sanchez1_at_state.nm.us