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ELIGIBLE OR NOT? UNDERSTANDING THE MCKINNEY-
VENTO DEFINITION OF
HOMELESS Christi na Endres
[email protected] Moore
• Operates U.S. Department of Education’s technical assistance and information center. Has Comprehensive website: www.serve.org/nche Helpline: Call 800-308-2145 or e-mail
[email protected] Listserv: visit www.serve.org/nche/listserv.php
for subscription instructions Free resources: Visit
www.serve.org/nche/products.php
GET TO KNOW NCHE
SETTING THE CONTEXT
• The McKinney-Vento Act Establishes the definition of homeless used by
schools and the rights given to eligible students Ensures that children and youth experiencing
homelessness have equal and immediate access to public education
Provides educational support to promote school success
HOMELESS DEFINITION
Individuals who lack a fixed, regular, and adequate nightti me residence
• Shared housing due to loss of housing, economic hardship, or a similar reason
• Motels, hotels, trailer parks, or camping grounds due to the lack of alternati ve adequate accommodati ons
• Emergency or transiti onal shelters
• Awaiti ng foster care placement
HOMELESS DEFINITION (CONT.)
• A public or private place not designed for or ordinarily used as sleeping accommodation for human beings
• Cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar setti ngs
• Migratory children living in the circumstances described above
• Unaccompanied youth living in the circumstances described above
UNACCOMPANIED HOMELESS YOUTH
• To be considered an UHY:1. The student’s living arrangement must meet
the definition of homeless, AND2. The student must be considered
unaccompanied, defined as “not in the physical custody of a parent or guardian”
HomelessNot in
Physical Custody
UHY
“FIXED, REGULAR, AND ADEQUATE”
• Fixed: Stationary, permanent, and not subject to change
• Regular: Used on a predictable, routine, or consistent basis (e.g. nightly); consider the relative permanence of the living arrangement
• Adequate: Suffi cient for meeting both the physical and psychological needs typically met in home environments
Can the student go to the SAME PLACE (fixed) EVERY NIGHT (regular) to sleep in
a SAFE AND SUFFICIENT SPACE (adequate)?
“SHARING THE HOUSING OF OTHER PERSONS…”
• Clarifying questions: Does the family or youth have a legal right to be
in the home? Can they be asked to leave at any time with no
legal recourse? Do they have their own key to the home? What responsibilities do they have for
contributing to the home? How long can they stay?
“…DUE TO LOSS OF HOUSING…”
• Did the family or youth lose housing due to: An eviction or foreclosure? Destruction of or damage to their home? Unhealthy or unsafe conditions? Domestic violence? Abuse or neglect? Absence of a parent or guardian due to
abandonment, parental incarceration, or asimilar reason?
“…ECONOMIC HARDSHIP…”
• Implies that limited financial resources have forced the family or youth to leave the personal residence and share housing due to an inability to pay the rent/ mortgage and other bills• Clarifying question:
Did economic hardship due to an accident or illness, loss of employment, loss of public benefits, or a similar reason force the family or youth to share the housing of others temporarily?
AWAITING FOSTER CARE PLACEMENT
US ED July 2004 Guidance at www.ed.gov/programs/homeless/guidance.pdf Awaiting foster care placement = homeless Already in foster care = not homeless
Some states have policies/laws regarding students involved with child welfare agencies Contact your State Coordinator for more
information
SUBSTANDARD HOUSING
No offi cial federal definition Evaluate according to community norms
Common indicators Does not meet local building code Inoperable indoor plumbing Nonworking, inadequate, unsafe electrical
service No working kitchen Condemned by a government agency Overcrowded
QUESTIONS?
LAYING THE GROUNDWORK
• Eligibility is determined on case-by-case basis, examining each student’s living arrangement Some instances are clear-cut, but others require
digging deeper and making a judgment call
• If living arrangement does not meet all three criteria in the defi niti on (fi xed, regular, and adequate), student is eligible
• Common examples of homeless situati ons are listed in the law Many other eligible situations are not listed
• Understand that students are eligible for The duration of their homelessness, or Until the end of any academic year in which they
obtain permanent housing• Remember to re-evaluate homeless situations
prior to the beginning of each school year
HELPFUL ELIGIBILITY CONSIDERATIONS
SPECIFIC DOUBLED-UP CONSIDERATIONS
• How the shared housing came about
• Intentions of both host and doubling-up families
• Housing options if not sharing housing
• Fixed, regular, and adequate criteria
SPECIFIC UHY CONSIDERATIONS
• UHY can be eligible regardless of age as long as they meet age criteria for public education in your state
• Eligibility is based on the current living situation, not whether the youth "chose” to leave or was “asked” to leave
Sometimes there is more than meets the eye for youth’s home life situations
THE PROCESSSTEP 1: GET THE FACTS
• Use a residency questionnaire for all students Samples at www.serve.org/nche/forum/eligibility.php
• Talk with parents in a private place• Avoid using the word “homeless”• Explain that you are asking questions only to
determine potential eligibility for services• Don’t contact persons outside school system for
information about living situations (FERPA) See NCHE’s Confirming Eligibility brief at
www.serve.org/nche/downloads/briefs/verif_ll.pdf
THE PROCESSSTEP 2: ANALYZE THE
FACTS
• Is the student’s living arrangement One of the examples mentioned in the law? Another living arrangement that is not fixed,
regular, and adequate?• Use questions in the Determining Eligibility
brief as a guide www.serve.org/nche/downloads/briefs/det_elig.pdf
QUESTIONS?
THE UPTONS
The Upton family moved in with Mr. Upton’s sister in a neighboring town. The school
principal says their daughter, Sarah, must transfer since she’s no longer living in the
attendance zone.Is Sarah eligible?
JANINE
Janine is 19 and ran away from home. Her mother won’t talk to her, but her dad
keeps in touch. She’s staying with another family, where she’s not allowed to see her boyfriend. Janine really cares
for her boyfriend, so she’s thinking of moving to another friend’s home.
Is Janine eligible?
THE BROWNS
The Browns lived in their own home until storm damage made it unlivable. They are
still paying the mortgage. The insurance company has not determined if the damage
will be covered. Until the claim is sett led, the family can’t rebuild. In the meantime,
they’re staying with friends. Are the Browns eligible?
THE BLAIRS
The Blairs own a home in your school district where their daughter, Emily, is
enrolled. Emily told the school counselor that the home’s heating system is broken
and her parents cannot afford to make the repairs. The counselor thinks Emily may be
eligible for MV services. Is Emily eligible?
JULIA AND BAXTER
Julia, a single mom, and her son, Baxter, had a place of their own until Julia was hurt at
work. The injury led to several surgeries and months of physical therapy. She hasn’t been
able to work since, so she, Baxter, and an old college friend moved into a place
together.Is Baxter eligible?
JULIA AND BAXTER: WITH A TWIST
Aft er a few months, things didn’t work out with Julia’s college friend, so she and Baxter
moved in with her parents until they can save enough to move out on their own.
Is Baxter eligible?
Fast forward: It ’s a year later and they’re sti ll at Julia’s parents’ home.
THE MILLERS
The Millers recently lost their home, and the family had to split up. Mr. Miller and son, Micah, went to stay with a cousin,
while Mrs. Miller moved to her grandfather’s with daughter, June. Soon, it
became apparent that the grandfather’s health was rapidly declining, so she and June have decided to stay indefinitely.
Are Micah or June eligible?
NCHE RESOURCES
• Determining Eligibility for McKinney-Vento Rights and Services htt p://center.serve.org/nche/briefs.php • Confirming Eligibility for McKinney-Vento
Services: Do’s and Don’ts for Liaisonshtt p://center.serve.org/nche/downloads/briefs/verif_ll.pdf • Homeless Liaison Toolkit
htt p://center.serve.org/nche/pr/liaison_toolkit.php
FOR MORE INFORMATION
State Coordinators for Homeless Education:www.serve.org/nche/states/state_resources.php
NCHE website: www.serve.org/nche
NCHE Helpline: 800-308-2145 or [email protected]
FINAL QUESTIONS?
