The McKinney-Vento Act The McKinney-Vento Act And And

Boulder Valley School DistrictBoulder Valley School District

October 2008October 2008

The McKinney-Vento Act The McKinney-Vento Act

is federal legislation designed to address the is federal legislation designed to address the problems that children and youth problems that children and youth experiencing homelessness have faced in experiencing homelessness have faced in enrolling, attending, and succeeding in enrolling, attending, and succeeding in school. school.

The program was originally authorized in The program was originally authorized in 1987 as part of the first significant federal 1987 as part of the first significant federal legislative response to homelessness. It was legislative response to homelessness. It was most recently reauthorized as Title X, Part C most recently reauthorized as Title X, Part C of Title 1, No Child Left Behind in 2002. of Title 1, No Child Left Behind in 2002.

Who are McKinney and Vento?Who are McKinney and Vento? Stewart B. McKinney was an Stewart B. McKinney was an

independent-minded, liberal independent-minded, liberal republican congressman from republican congressman from Connecticut who was elected to Connecticut who was elected to the U.S. House of Representatives the U.S. House of Representatives in 1970 and served for nine in 1970 and served for nine terms. McKinney was regarded by terms. McKinney was regarded by his peers as a fighter for the his peers as a fighter for the causes of the forgotten.causes of the forgotten.

Bruce F. Vento was elected by the Bruce F. Vento was elected by the state of Minnesota to the U.S. state of Minnesota to the U.S. House of Representatives in 1977 House of Representatives in 1977 and served until 2000. He earned and served until 2000. He earned a host of awards for his a host of awards for his leadership and legislative leadership and legislative contributions to improving the contributions to improving the lives of individuals experiencing lives of individuals experiencing homelessness.homelessness.

The intention of McKinney-Vento The intention of McKinney-Vento legislation is to legislation is to remove all remove all barriersbarriers to to enrollmentenrollment, , retentionretention, which includes , which includes

attendanceattendance, and , and academic academic successsuccess that children and youth that children and youth

who are experiencing who are experiencing homelessness might face.homelessness might face.

The McKinney-Vento Act defines The McKinney-Vento Act defines experiencing homeless as experiencing homeless as lacking a lacking a “a fixed, regular, and adequate “a fixed, regular, and adequate

nighttime residence.” nighttime residence.” A A fixedfixed residence is one that is residence is one that is

stationary,stationary, permanent, and not subject permanent, and not subject to change.to change.

A A regularregular residence is one which is used residence is one which is used on a regular (i.e., nightly) basis.on a regular (i.e., nightly) basis.

An An adequateadequate residence is one that is residence is one that is sufficient for meeting both the physical sufficient for meeting both the physical and psychological needs typically met in and psychological needs typically met in home environments. home environments.

Because the circumstances of Because the circumstances of homelessness vary with each family’s homelessness vary with each family’s or unaccompanied youth’s situation, or unaccompanied youth’s situation, determining the extent to which the determining the extent to which the

family or youth fits the definition must family or youth fits the definition must occur on a case-by-case basis. occur on a case-by-case basis.

McKinney-Vento issues require a case-McKinney-Vento issues require a case-specific inquiry.specific inquiry.

International law defines adequate as follows:International law defines adequate as follows:

““Adequate shelter means ... adequate privacy, adequate space, Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost.”regard to work and basic facilities - all at a reasonable cost.”

Federal law requires all school districts to Federal law requires all school districts to identify or locate children and youth identify or locate children and youth experiencing homelessness.experiencing homelessness.

The Act requires all LEAs (Local Educational The Act requires all LEAs (Local Educational Agencies, ie. school districts) to designate Agencies, ie. school districts) to designate staff to serve as local homeless liaison. staff to serve as local homeless liaison.

BVSD’s designees, part of the Department of BVSD’s designees, part of the Department of Student Success, Title 1 are:Student Success, Title 1 are:

The McKinney-Vento Team ofThe McKinney-Vento Team of

Catalina Mendez, Homeless LiaisonCatalina Mendez, Homeless Liaisonandand

Wendy Gaylord, LCSW, McKinney-Vento Wendy Gaylord, LCSW, McKinney-Vento AdvocateAdvocate

CDE requires tracking of children and youth CDE requires tracking of children and youth experiencing homelessness, McKinney-experiencing homelessness, McKinney-Vento students, by nighttime residence Vento students, by nighttime residence using the following categories:using the following categories:

ShelteredSheltered Doubled up due to economic hardshipDoubled up due to economic hardship Hotel/MotelsHotel/Motels UnshelteredUnsheltered

CDE also requires tracking of whether a CDE also requires tracking of whether a student is: student is:

Accompanied by parent or guardian Accompanied by parent or guardian Unaccompanied by parent of guardian Unaccompanied by parent of guardian

The Act requires school The Act requires school districts to disseminate districts to disseminate public notice of the public notice of the education rights of children education rights of children and youth in homeless and youth in homeless situations where such situations where such children and youth receive children and youth receive services, such as schools, services, such as schools, family shelters, and soup family shelters, and soup kitchens.kitchens.

Services and Rights:Services and Rights: Immediate Enrollment Immediate Enrollment

The McKinney-Vento Act requires schools The McKinney-Vento Act requires schools to enroll students experiencing to enroll students experiencing homelessness immediately, even if the homelessness immediately, even if the student is unable to provide documents student is unable to provide documents that are typically required for that are typically required for enrollment. Enroll means permitting the enrollment. Enroll means permitting the student to attend classes and participate student to attend classes and participate fully in school activities. Although the fully in school activities. Although the Act does not define immediate, the Act does not define immediate, the standard dictionary definition is “without standard dictionary definition is “without delay.” Therefore, the student must delay.” Therefore, the student must begin attending classes and begin attending classes and participating fully in school activities participating fully in school activities without delay. Generally, that would without delay. Generally, that would mean the same or the following day. mean the same or the following day.

Services and Rights: Services and Rights: Free Lunch and BreakfastFree Lunch and Breakfast

Any child identified as experiencing Any child identified as experiencing homelessness is automatically homelessness is automatically eligible for free school meals. They eligible for free school meals. They do not have to complete an do not have to complete an application. At BVSD we notify application. At BVSD we notify District Nutritional Services once District Nutritional Services once eligibility has been determined.eligibility has been determined.

Services and Rights:Services and Rights:School Stability School Stability

The McKinney-Vento Act allows for The McKinney-Vento Act allows for students to remain in the school of students to remain in the school of origin, defined as the school the student origin, defined as the school the student attended when permanently housed or attended when permanently housed or the school in which the student was last the school in which the student was last enrolled, for the duration of their enrolled, for the duration of their homelessness and for the remainder of homelessness and for the remainder of the school year if they secure the school year if they secure permanent housing.permanent housing.

Services and Rights:Services and Rights:Transportation Transportation

Transportation is provided Transportation is provided for McKinney eligible for McKinney eligible students in students in circumstances where not circumstances where not having it would be a having it would be a barrier to barrier to enrollmentenrollment, , retentionretention, which , which includes includes attendanceattendance, , and and academic success.academic success.

Services and Rights:Services and Rights:Referrals Referrals

School district liaisons are required to School district liaisons are required to provide referrals for health, mental provide referrals for health, mental health, dental, and other appropriate health, dental, and other appropriate services in the community as well as services in the community as well as for other appropriate services which for other appropriate services which may include housing, shelter, job may include housing, shelter, job training, public assistance, food and training, public assistance, food and nutrition, and legal assistance. nutrition, and legal assistance.

Services and Rights:Services and Rights:Waiver of Fees Waiver of Fees

Enrollment is defined to include attending classes and Enrollment is defined to include attending classes and participating fully in school activities. Enrichment participating fully in school activities. Enrichment programs and other supplemental services are programs and other supplemental services are school activities. Furthermore, the law requires that school activities. Furthermore, the law requires that children and youth in homeless situations have a full children and youth in homeless situations have a full and fair opportunity to succeed in school. and fair opportunity to succeed in school. Enrichment programs clearly support that Enrichment programs clearly support that requirement. requirement.

The McKinney-Vento Act prohibits segregating The McKinney-Vento Act prohibits segregating students experiencing homelessness. students experiencing homelessness.

Fees are waived for McKinney eligible students Fees are waived for McKinney eligible students because inability to pay fees would provide a barrier because inability to pay fees would provide a barrier to access programs and possible segregation.to access programs and possible segregation.

Other issues:Other issues:Absences Absences

The McKinney-Vento Act requires schools to identify and remove The McKinney-Vento Act requires schools to identify and remove all barriers to enrollment and retention in school for children all barriers to enrollment and retention in school for children and youth in homeless situations. Zero tolerance rules for and youth in homeless situations. Zero tolerance rules for absenteeism can be such barriers, particularly when they absenteeism can be such barriers, particularly when they result in class failures, exclusion from school, or court result in class failures, exclusion from school, or court involvement. Frequently, students in homeless situations will involvement. Frequently, students in homeless situations will miss school due to their living situations. Absences caused by miss school due to their living situations. Absences caused by homelessness should not be counted against students. The homelessness should not be counted against students. The McKinney-Vento Act requires that zero tolerance rules address McKinney-Vento Act requires that zero tolerance rules address the realities of homelessness and not create a barrier to the realities of homelessness and not create a barrier to enrollment and retention in school. enrollment and retention in school.

Sports and other extra-curricular activities are school activities Sports and other extra-curricular activities are school activities which must comply with the McKinney-Vento Act’s which must comply with the McKinney-Vento Act’s requirement to remove barriers. They must exempt homeless requirement to remove barriers. They must exempt homeless students from sports participation rules that students cannot students from sports participation rules that students cannot meet due to their homelessness and mobility, such as meet due to their homelessness and mobility, such as attendance rules.attendance rules.

How we work:How we work: A referral from any source is made directly to the A referral from any source is made directly to the

McKinney-Vento Team. The referral form is in BVSD’s McKinney-Vento Team. The referral form is in BVSD’s common folder in both Spanish and English and has common folder in both Spanish and English and has been circulated to numerous collaborating agencies. been circulated to numerous collaborating agencies.

We make a determination of eligibility based on an We make a determination of eligibility based on an interview with the family or student. In some cases interview with the family or student. In some cases determination can be made from information given by determination can be made from information given by the referral source.the referral source.

After hearing the needs of the family/student we make After hearing the needs of the family/student we make appropriate referrals, often including calls to appropriate referrals, often including calls to collaborating agencies.collaborating agencies.

We enter eligibility in IC, notify District Nutritional We enter eligibility in IC, notify District Nutritional Service and the school principal and request Service and the school principal and request transportation if needed.transportation if needed.

Follow up is case dependant.Follow up is case dependant.

Statistics from school year 08-Statistics from school year 08-0909

162 new cases since July 25, 2008162 new cases since July 25, 2008 34 BVSD Schools34 BVSD Schools ReferralsReferrals

60% directly from schools60% directly from schools 33% from collaborating agencies33% from collaborating agencies 6% from Ed Center employees6% from Ed Center employees 1% directly from parents1% directly from parents

What we need from you:What we need from you:

Help disseminating information about McKinney-Vento rights Help disseminating information about McKinney-Vento rights and services including posting of posters.and services including posting of posters.

Help identifying and referring McKinney eligible students Help identifying and referring McKinney eligible students

Implementation of systems in each school to ensure waiver of Implementation of systems in each school to ensure waiver of fees in a sensitive and confidential way.fees in a sensitive and confidential way.

Implementation of systems in each school which ensure thatImplementation of systems in each school which ensure thatall barriersall barriers to to enrollmentenrollment, , retentionretention, , which includes which includes attendanceattendance, and , and academicacademicsuccesssuccess that children and youth who are that children and youth who are experiencing homelessness might face experiencing homelessness might face are removedare removed..

Bibliography Bibliography

Austin, Joyce & Lundin, Carol, Opening DoorsAustin, Joyce & Lundin, Carol, Opening Doors - - The Men for WhomThe Men for WhomThe McKinney-Vento Act Was Named, retrieved from The McKinney-Vento Act Was Named, retrieved from http://homelessed.net/partners/biographies.htmhttp://homelessed.net/partners/biographies.htm

http://en.wikipedia.org/wiki/McKinney-http://en.wikipedia.org/wiki/McKinney-Vento_Homeless_Assistance_ActVento_Homeless_Assistance_Act

http://www.ed.gov/programs/homeless/guidance.pdfhttp://www.ed.gov/programs/homeless/guidance.pdf

THE 100 MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION THE 100 MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS, RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS, retrieved from http://www.naehcy.org/faq.html retrieved from http://www.naehcy.org/faq.html

http://www.naehcy.org/index.html http://www.naehcy.org/index.html

http://serve.org/nche http://serve.org/nche