64 th illinois asbo conference and exhibitions april 29 – may 1, 2015 @illinoisasbo #iasboac15...

64th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS APRIL 29 – MAY 1, 2015

@IllinoisASBO #iasboAC15

Transporting Homeless Studentseligible under McKinney-Vento:

Ron O'Connor, McKinney-Vento Liaison, Will County Regional Office of Education Jackie Gharapour Wernz, Partner, Franczek Radelet Dr. Daniel Thorse, Assistant Superintendent Administration and Personnel, Plainfield School District 202

Moderator: Mike Schroeder, Chief School Business Official, Channahon School District 17



STATUTE AND CODE

McKinney-Vento Homeless Assistance ActSigned into law July 22, 1987

(Stewart B. McKinney – Title VII, Section B)

Reauthorized 2001 as part of

No Child Left Behind Act(McKinney-Vento – Title X, Section C)

The McKinney-Vento Act was the first and remains the onlyMajor federal legislative response to homelessness

State of Illinois - Education for Homeless Children Act(105 ILCS 45/1 et seq.) Effective Jan 1, 1995



Statewide

Area 1-Suburban Chicago Region

•2006- 18,624•2014- 59,336

Number of Children and Youth Experiencing Homelessness

•2006- 2,645 •2014- 14,181

DATA & RESEARCH From SIS



STATUTE AND CODEWho is eligible under McKinney-Vento?

Children Who:• Lack a fixed, regular and adequate

nighttime residence • Includes those who are sharing the housing

of other persons due to loss of housing, economic hardship or similar reason

• Must be handled case by case



STATUTE AND CODEWho is eligible under McKinney-Vento?

• Families or Unaccompanied youth living in emergency shelter ,or motel

• Families living in domestic violence shelters

• Families or youth living in cars, campgrounds, or parks

• Children living in shelters awaiting placement in foster care

• Children in temporary foster care (awaiting permanent placement)

• Families or youth living in substandard housing or abandoned buildings

• Families or youth that are doubled up with friends or relatives

• Families living in transitional housing programs

• Migrant youth



CHOICE OF SCHOOLSBy federal and Illinois law, a McKinney-Vento eligible

child must be allowed to enroll in (at least) one of the following three schools:

(1) the school last attended;(2) the school attended when the child was last permanently

housed; or

(3) the school that non-homeless children who live in the same attendance area in which the eligible

child or youth lives are eligible to attend.

Illinois Education for Homeless Children Act, Section 105 ILCS 45/1-10 and the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11432(g)(3)(A).

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CHOICE OF SCHOOLS• School choice resides with the caregiver of the

McKinney-Vento eligible student, not the school.

• It is the responsibility of the school district to assist a child in enrolling in a district if the child is unaccompanied by a parent or guardian and is McKinney-Vento eligible.

Illinois Education for Homeless Children Act, Section 105 ILCS 45/1-10 and the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11432(g)(3)(A).



CHOICE OF SCHOOLS

• McKinney-Vento eligible students must be allowed to enroll or re-enroll immediately, even if he/she does not have school records.

• Children and youth who have experienced homelessness are permitted to attend their school of origin for as long as they lack a fixed, regular or adequate residence, or if the child becomes permanently housed, for the remainder of the academic year in which housing is acquired.



TRANSPORTATION

• School districts must provide students experiencing homelessness with transportation to and from their school of origin, at a parent’s or guardian’s request.

• For unaccompanied youth, schools must provide transportation to and from the school of origin.

• The local LEA of origin and the LEA in which the McKinney-Vento eligible child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin.



TRANSPORTATION

• Notify other LEA of the need to transport the McKinney-Vento eligible student in order to reach agreement on billing or invoicing.

• If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally.

• Reasonable transportation is to be provided for eligible students. It may be in the form of:– Reimburse the parent or caregiver– Taxi, CTA Voucher, extension of district bus route etc.



DISPUTE RESOLUTION

• The student must be immediately admitted to the school of choice while the dispute is being resolved.

• The parent or guardian must be provided with a written explanation of the school’s decision, including the right to appeal the decision

• The school must refer the youth, parent, or guardian to the liaison to ensure that the dispute resolution process is carried out expeditiously



PRIMARY DUTIES OF THE SCHOOL DISTRICT

• IMMEDIATELY ENROLL all McKinney-Vento eligible students in free breakfast and lunch programs and to waive any of the fees or charges

that are subject to waiver. • This includes:

1. Charges for text books and instructional materials2. Charges for use of school property such as locks, towels, lab equipt.3. Charges for field trips made during or after school if trip is required or customary part of class or extracurricular activity4. Charges for uniforms or equipment related to a particular class 5. Charges for supplies related to a particular class 6. Graduation fees such as caps and gowns7. School record fees8. School health services fees9. Driver education fees

* School Records may not be withheld due to an outstanding student fee




Districts have an affirmative responsibility to identify McKinney- Vento students

Districts Must Provide Immediate School Access for McKinney-Vento eligible Students.

• Without documents normally required.• Students must be enrolled in school while records are

obtained.• Students must be enrolled even without immunizations

and other records. • Start free breakfast and lunch programs • LEA must waive any of the school fees




• General Rule of Residency:– The residence of a person who has custody of a pupil is

deemed to be the residence of the pupil.

– Custody for residency & enrollment DOES NOT mean court-ordered guardianship.

– (v) If the pupil lives with an adult who has accepted responsibility for the pupil and provides a fixed nighttime abode for the pupil, then the pupil is a resident of the district in which that adult lives…

AS LONG AS THE PUPIL IS NOT LIVING WITH THE ADULT FOR ACCESS TO THE EDUCATIONAL PROGRAMS OF THE DISTRICT.



ENSURING PRIVACY• It is prohibited, under the Illinois School Student Records Act, for

any school staff to provide school student records or information therein to any landlord, zoning office, contractor, municipal official or housing authority.

Section 2(f)(105 ILCS 10/2(f)

• Family Educational Rights and Privacy Act (FERPA)– Information may be released to the “Parent”– Parent means a parent of a student and includes a natural parent, a

guardian, or an individual acting as a parent in the absence of a parent or a guardian. 34 CFR §99.3

Violation of law may:• Jeopardize housing for families

– Section 8 housing violations– Tenant eviction– Flag for immigration

• Put the district in jeopardy of being sued• Put jobs in jeopardy



DUTIES OF THE LIAISON FOR MCKINNEY-VENTO STUDENTS

• A McKinney-Vento Liaison is a point person for families eligible under the law at your school or district and help navigate the complex world of schools and school administration for these families

• The McKinney-Vento Liaisons use all their knowledge to act as an advocate on behalf of these families at the school or district.



MORE DUTIES OF THE MCKINNEY-VENTO LIAISON

• Work with school staff to capture and report data on McKinney-Vento students in SIS

• Refrain from any segregation, discrimination or stigmatization of such students.• Adopt a policy and practice for providing transportation• Provide notice at all school locations the rights of and

services for, McKinney-Vento eligible children and youth.• Review and revise any policies, websites, forms and

other similar items that may act as barriers to enrollment, attendance and success

• Provide outreach to McKinney-Vento eligible families and youth

64 th illinois asbo conference and exhibitions april 29 – may 1, 2015 @illinoisasbo #iasboac15...

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