Homelessness - McKinney-Vento Act

The Act’s Definition of Homeless Children and Youth:

Students and families who lack a nighttime residence which is: fixed, regular, adequate. There also needs to be a precipitating event which occurred beyond the family’s control.

Who Is Considered Homeless?

Students who are:

• Living with others due to the loss of housing or other hardship.
• Staying in cars, tents/ campgrounds, motels/hotels, parks, abandoned buildings or are unsheltered residing in homeless or domestic violence shelters
• Have been abandoned in hospitals.

What Can Cause Homelessness?

Many factors can cause homelessness:

• Financial Hardship
• Eviction
• Natural Disaster (Flood, Fire, Mold)
• Domestic Violence
• Parental Incarceration
• Parental Abandonment
• Parent/Child Conflict

What Protections Does the McKinney-Vento Act Afford Student and Their Families?

• The removal of all barriers at the time of registration (i.e. the lack of proper paperwork, immunizations records, lack of transportation, etc.)
• Free meals (breakfast and lunches) at school without application
• Transportation assistance either within or beyond district borders (school districts are required to work together and are responsible to provide at least 50/50 assistance
• Title 1/Homeless Set Aside Funds to help students with specific costs related to their school experience or medical need
• Due process during and in the event of a dispute resolution
• In short---EDUCATIONAL STABILITY

How Can Title One/Set Aside Funds Be Used?

• Medical reeds (dental, vision, etc.)
• Clothing related to school uniforms, gym classes, etc.
• School supplies
• Tutoring
• Before/after school programs
• Counseling

What Should Staff Do If They Suspect a Student Is Homeless?

• Report the concern to the school principal, counselor, nurse, main office staff and/or district homeless liaison
• Maintain an open mind and heart
• Be empathetic/non-judgemental
• Maintain confidentiality
• Remain vigilant as to the potential for student homelessness

Why Does McKinney-Vento and Educational Stability Matter?

School is often the safest and most familiar place for children and families who find themselves in transitional circumstances. Students who change schools often can run the risk of : poor academic progress, behavioral “acting out,” attendance issues, school disengagement, lower self esteem, and the potential for dropping out. Students perform better when their level of stress is reduced and they feel supported in their school communities. Parent engagement is more likely when schools work collaboratively with families.

Consider This

How do you think your students feel when they don’t know where they will lay their heads at night? What kind of student would you be if you didn’t know where you’d be staying and/or didn’t have any of your belongings? How successful would you be as a student if the McKinney- Vento Federal Homeless Assistance Act didn’t exist? This is why the protections afforded by McKinney-Vento matter!

https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/us-code/education-for-homeless-youth.html

 

 

 

 

Dispute Resolution Process Education for Children and Youth Experiencing Homelessness Program Pursuant to the McKinney-Vento Act, every state must develop procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths. 42 U.S.C §11432(g)(1)(C). The state must ensure that Local Education Agencies (LEAs) comply with requirements set forth in the McKinney-Vento Act including ensuring immediate enrollment, providing written notice to families concerning school selection, enrollment decisions and providing enrollment and pendency in the school of choice while a dispute is being resolved. 42 U.S.C §11432(g)(2)(A).

The Pennsylvania Department of Education (PDE) has developed the following procedures to govern the resolution of disputes regarding enrollment, school selection, homeless status and complaints of non-compliance with legal requirements pertaining to the education for homeless children and youths:

Level 1 – A dispute may be raised with a LEA.

If a dispute arises over school selection or enrollment, the child or youth involved must immediately be admitted to the school in which they are seeking enrollment, pending resolution of the dispute 42 U.S.C.§11432(g)(3)(E)(i). PDE recommends that the parent, guardian or unaccompanied youth who initiates the dispute contact the LEA liaison for individuals experiencing homelessness as soon as possible after receiving notice of the dispute. If the person initiating the dispute does not contact the LEA liaison directly, the LEA shall be responsible for contacting the LEA liaison regarding the dispute as soon as possible and referring the family or youth involved to the liaison.

The LEA liaison shall ensure that the child or youth is immediately enrolled, explain the dispute resolution process to families and help them to use it 42 U.S.C. §11432(g)(3)(E)(iii). The LEA shall issue a written disposition of the dispute within 20 business days after the LEA liaison is notified of the dispute. The disposition shall be provided to the parent, guardian or unaccompanied youth and shall explain the basis for the decision and advise the parent, guardian or youth of the right to appeal. 42 U.S.C.§11432(g)(3)(E)(i).

NOTE: The LEA should use and maintain copies of PDE’s “Notice of Procedural Safeguards” form (see attached) which ensures that all LEAs (a) inform families of the basis of their decision regarding enrollment or school selection; (b) notifies families of their right to remain in their school of choice pending resolution of the dispute and (c) explains the procedures for challenging the decision of the LEA.

Level 2 – A complaint may be filed with a McKinney-Vento coordinator.

If the parent, guardian or unaccompanied youth is dissatisfied with the LEA’s disposition of a dispute or would like to raise any issue of McKinney-Vento Act noncompliance, they may file a complaint or appeal with a McKinney-Vento site or regional coordinator or with the state coordinator. (See attached list which contains contact information for all of the McKinneyVento coordinators in Pennsylvania). In lieu of filing an appeal with a McKinney-Vento coordinator, a parent, guardian or unaccompanied youth may elect to appeal the LEA decision directly to a court of competent jurisdiction. Participation in the appeal procedure is not required prior to taking legal action.

• Parents, guardians, and unaccompanied youths should be informed that they can provide written or oral documentation to support their position; and
• Parents, guardians, and unaccompanied youths should be given the opportunity to challenge the school system’s assertions.

A regional or site coordinator with whom a complaint or appeal is filed must notify the state coordinator immediately. Upon being notified, the state coordinator will review the complaint or appeal and assign it to a site or regional coordinator for disposition. The coordinator to whom the appeal is assigned may contact, interview and accept documentation from any individual or LEA involved, and shall issue a written disposition within 20 business days after the complaint or appeal has been assigned. The disposition shall be provided to the LEA and the parent, guardian or unaccompanied youth involved. The child or youth shall continue to be enrolled in the school in which he or she is seeking enrollment until the complaint or appeal is resolved or until a disposition from a McKinney-Vento coordinator is received.

If a decision cannot be reached or agreed upon as the regional coordinator level, the dispute will be forwarded to the state coordinator for resolution. The state coordinator will view all information and interview all concerned parties involved. The Office of Chief Counsel will be included in the resolution process as needed. If mediation services are needed, the state coordinator will assist in the mediation and may also invite those involved to have the dispute mediated at any time in the process through the Dispute Resolution Program operated by the Commonwealth Office of General Counsel (OGC). The OGC Dispute Resolution Program is a voluntary informal process through which a trained mediator assists in reaching a mutually acceptable resolution.

Participating in mediation is not a waiver of the right to file a lawsuit nor is participation in mediation required prior to taking legal action.

NOTE: The parent, guardian or unaccompanied youth may file a complaint with the McKinneyVento site, regional or state coordinator on the attached complaint form. However, the use of the attached form is not mandatory. Any dispute raised by a homeless family or youth concerning school enrollment or any other right under the McKinney-Vento Act whether received via telephone, letter or any mode of communication shall be treated as a complaint.