The Educational Rights of Students in Temporary Housing in NYC. Today s Training. Research on Educational Outcomes

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1 The Educational Rights of Students in Temporary Housing in NYC Presented by NYS-TEACHS -- the New York State Technical and Education Assistance Center for Homeless Students Toll-free Hotline: NYS-TEACHS is a project of Advocates for Children and is funded by a grant from the New York State Education Department. Today s Training Introduction General Overview Q & A Background Data Key Protections for Students in Temporary Housing Rights and Responsibilities of Students and Schools School Selection Dispute Resolution Transportation Unaccompanied Youth Strategies and Resources Useful Contact Information 2 Research on Educational Outcomes More than 75% of homeless children read below grade level. 36% of homeless children repeated a grade, twice the rate of other children. Students with two or more school changes are half as likely to be proficient in reading as their peers. Third-graders who have changed school frequently are 2.5 times more likely to repeat a grade than their peers. Rubin, D. et al. (1996) Cognitive and Academic Functioning of Homeless Children Compared with Housed Children, Pediatrics, 93, ; Better Homes Fund. Homeless Children: America s New Outcasts. (Newton, MA: 1999); Lovell, P. & Isaacs, J. (2008), The Impact of the Mortgage Crisis on Children, available at 4 1

2 Pre-Test True (A) or False (B)? 1) A family cannot be considered homeless if they are living in a home. 2) If a family states they are homeless, the student must be enrolled and transported even if the school does not believe them. 3) A homeless student cannot enroll in a new district without providing required documents. 4) A homeless student has up to three (3) choices of schools they can attend. 5) A family can only be covered by McKinney-Vento for up to one (1) year. 6) A homeless student is entitled to transportation up to 50 miles each way to and from their school of origin. 4 Barriers to Education for Children and Youth in Homeless Situations Enrollment requirements (residency, school records, immunizations, legal guardianship) High mobility resulting in lack of school stability and education continuity Lack of access to programs Lack of transportation Lack of school supplies, clothing, etc. Poor health, fatigue, hunger Prejudice and misunderstanding 5 Protects the educational rights of children and youth experiencing homelessness The McKinney-Vento Homeless Assistance Act School Stability Federal law First enacted in 1987 Reauthorized in 2001 as a part of the No Child Left Behind (NCLB) Act. School Access Main Themes Academic Success 6 2

3 Who is Covered by McKinney-Vento? 7 Who is covered under McKinney-Vento? All students who lack a night-time residence that is: Fixed Regular Adequate 8 Helpful Definitions FIXED: A fixed residence is one that is stationary, permanent, and not subject to change. REGULAR: A regular residence is one which is used on a predictable or routine basis. ADEQUATE: An adequate residence is one that is sufficient for meeting both the physical and psychological needs typically met in home environments. These definitions come from the National Center for Homeless Education in their publication: Determining Eligibility for Rights and Services Under the McKinney-Vento Act. 9 3

4 Examples of Temporary Housing in the McKinney-Vento Act Sharing the housing of others due to loss of housing, economic hardship or other similar reason Living in motels, hotels, trailer parks, camping grounds Living in emergency or transitional shelters Abandoned in hospitals Awaiting foster care placement Living a in public or private place not designed for sleeping Living in cars, parks, abandoned buildings, bus or train stations, etc. Migratory living in circumstances described above (M-V Section 725) 10 Steps for Determining Eligibility ANALYZE THE FACTS Does the student s living arrangement fit into one of the listed examples? Does the student qualify because the student s housing is not fixed, regular AND adequate? Still uncertain? Call NYS-TEACHS at What Rights Does McKinney- Vento Provide? Immediate Enrollment Choice of Schools Free Meals Transportation 12 4

5 Dispute Resolution If a dispute arises, the DOE must: Immediately admit student to the school/district where enrollment is sought; Provide transportation if requested; Give the parent/guardian/youth a written explanation of the school s decision; and Refer the student to the STH Content Expert for help with any appeal. If you have any questions about the dispute resolution process, please contact: Melanie Faby at (518) or Susana Villardell at (212) if in NYC, or the NYS-TEACHS hotline. M-V Section 722(g)(3)(E); 8 N.Y.C.R.R (x)(7)(ii) 13 Dispute Resolution, cont d Parent, guardian, or youth must appeal district s decision to the State Commissioner of Education within 30 days. Chancellor s Regulation A-780 addresses dispute resolution for NYC. If not, the school can implement its decision. During the dispute resolution process the STH Content Expert must: provide the appeal forms and stay application, and help parent, guardian, or youth fill them out; make copies of the appeal forms and any supporting documents at no cost; make sure the appeal is properly filed and served and give the parent, guardian, or youth verifications that this has been done. 8 N.Y.C.R.R (x)(7)(ii)(c). 14 Immediate Enrollment 15 5

6 Scenario: Immediate Enrollment Jessica s family lost their housing in a nearby district. They recently moved to your district in order to stay with relatives until they get back on their feet. Jessica and her mother come to your school to enroll. Jessica does not have any of the necessary paperwork to enroll. True (A) or False (B) Jessica can enroll in school without the necessary paperwork. Jessica cannot be placed in a class until she gets her academic records from her previous school. 16 Immediate Enrollment Students experiencing homelessness are entitled to immediate enrollment, even if they do not have: School records, Medical records including immunization records, Proof of residency, Guardianship papers, Birth certificate, or other documents normally needed. N.Y. Educ. Law 3209(2)(e)&(2-a); M-V Section 722(g)(3)(C) 17 Records Enrolling school has the responsibility to request student s previous school records. Previous NYS school must send records within 5 days of receipt of record request. (N.Y. Educ. Law 3209(2)(f)) If there is any delay in getting records, contact the STH Content Expert, or NYS-TEACHS for help. If previous school is in another state/ country, contact NYS-TEACHS. 18 6

7 Enrollment Form/ Residency Questionnaire This form should be completed for all students seeking enrollment, as well as those students changing addresses. NYC uses its own Residency Questionnaire. For a copy, visit the Students in Temporary Housing webpage at 19 School Selection 20 Scenario: School Selection Jessica s family lost their housing in a nearby CSD. They recently moved to your district in order to stay with relatives until they get back on their feet. Jessica comes to enroll at your school, but she also might want to stay enrolled in the school where she used to live. True (A) or False (B) Jessica can only enroll at the school where she is currently living. If Jessica chooses to enroll at your school, she can only stay there until her family finds permanent housing. Jessica can enroll at your school, and has a window of time in which she can change her mind. 21 7

8 School Selection School selection options include: 1. School attended when the student was last permanently housed. 2. School where the student last attended. 3. School located in the attendance zone where the student is temporarily residing or any other school that permanently housed students who live in the same attendance zone may attend. (N.Y. Educ. Law 3209(2); M-V Section 722(g)(3)(A)) 22 Illustration: School Selection Perm Housed Doubled Up Shelter Motel CSD A CSD B CSD C CSD D 23 Who Decides Where a Student Goes to School? Parent Person in Parental Relation Youth, together with the homeless liaison if the youth is unaccompanied Director of a runaway and homeless youth residential program in consultation with the youth. STH Content Experts and Family Assistants, as well as school based liaisons should encourage parents to keep their children in the school of origin if it s in their best interest. N.Y. Educ. Law 3209(1)(b) 24 8

9 How Long Can a Child or Youth Stay in the School Selected? In NYC, students can remain in the same school until they graduate from that school, regardless of housing status. 25 Can You Change Your Mind? Before the end of the first semester or within 60 days, whichever is later, a student can change schools. 8 N.Y.C.R.R (x)(2)(vi). for example, transfer from the local school back to the school of origin or vice versa. 26 Free Meals All students identified as homeless are entitled to free meals. Completed application not required to receive free meals. STH Content Experts and shelter directors should submit a list of students in temporary housing to Food Service staff. U.S.D.A. Memo (July 19, 2004), U.S.D.A. Memo (April 4, 2002),

10 Transportation in NYC Yellow bus service is provided to students in grades K-6 whenever an appropriate route exists to provide such service. While busing is being arranged or if a yellow bus route does not exist, provide the student with a MetroCard and the parent if he or she accompanies the youth to and from school. Busing should be arranged within 5 business days. If there is a delay in transportation or if there are any problems or questions, contact the STH Content Expert for your borough or NYS-TEACHS. Post-Test True (A) or False (B)? 1) A family cannot be considered homeless if they are living in a home. 2) If a family states they are homeless, the student must be enrolled and transported even if the school does not believe them. 3) A homeless student cannot enroll in a new district without providing required documents. 4) A homeless student has up to three (3) choices of schools they can attend. 5) A family can only be covered by McKinney-Vento for up to one (1) year. 6) A homeless student is entitled to transportation up to 50 miles each way to and from their school of origin. 29 Special Topics Unaccompanied Youth Title I Funding Special Education Pre-School Aged Students 30 10

11 Unaccompanied Youth Youth not in the physical custody of a parent or legal guardian. Must meet definition of homeless to be covered under McKinney-Vento. Unaccompanied youth do not need an adult to enroll in school. New federal financial aid guidelines for unaccompanied homeless youth. 8 N.Y.C.R.R (x)(1)(vi) 31 Unaccompanied Youth Availability of permanent housing does not affect eligibility under McKinney-Vento for unaccompanied youth. An offer to return home does not mean a youth cannot be considered unaccompanied. Why not? 32 Funding McKinney-Vento Subgrant Funds State Transportation Aid Title I Set-Aside Funding 33 11

12 Title I Funds All students in temporary housing are eligible for Title I services. Every school in NYC must set aside a portion of their Title I funds to serve students in temporary housing. Set-aside funds can also be used for students who do attend Title I schools. NYC s Title I plan is available online at the Students in Temporary Housing webpage at For FAQs, please visit: 7D424EBD5C83/86759/TitleIPartASetAsideforStudentsinTemporaryHousing20.pdf 34 Title I, cont d Examples of services that can be provided with Title I Set-Aside funds: Before-school, after-school, and/or summer programs; Counseling services; Outreach efforts to identify children and youth living in homeless situations and help them access school programs; Basic needs such as clothing, uniforms, school supplies, and health-related needs; Transportation once the student is permanently housed; The work of the liaison; Tutoring services; Parental involvement programs that make a special effort to reach out to parents in homeless situations; Research-based programs that benefit highly mobile students; and Data collection to assess the needs and progress of homeless and other highly mobile students. Other services that are not ordinarily provided to permanently housed Title I students and are not available from other sources 35 Special Education Services: How are IEPs implemented when a child changes districts? When a student transfers between schools within the NYC DOE, the DOE must immediately provide the student with the services listed on the IEP. If the local school does not offer the listed service, the next step is to contact OSE. If neither the local school nor OSE can provide the service within 1 day, contact the STH Content Expert or NYS-TEACHS for immediate assistance. If a student transfers to NYC from another part of the state, the DOE must provide services comparable to those in the current IEP from the previous district. IDEA Section 614(d)(2)(C)(i); (e) 36 12

13 Who can sign for special education services? Parent, Foster parent, Guardian, Person who is acting in the place of a parent and with whom the child is living; can be a non-relative, Person legally responsible for the child. IDEA Section 601(23); (a)(4) 37 What if a student doesn t have any of those people? The DOE must assign a surrogate parent within 30 days, including in cases where: the student is a ward of the State, or the student is an unaccompanied youth under McKinney-Vento. IDEA Section 615(b)(2); Temporary Surrogate Parents Before a surrogate has been appointed, a temporary surrogate can be appointed immediately. For unaccompanied youth, the following people can be temporary surrogates: Staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs; State, DOE, or agency staff involved in the education or care of the child ; preamble to regulations 39 13

14 Preschoolers STH Content Experts must ensure that families and children receive access to Head Start, Even Start programs and preschool programs. Head Start agencies must give prioritized enrollment to child who are homeless. Children who are homeless are entitled to immediate enrollment in Head Start programs. See for more information about Head Start Reauthorization. M-V Section 722(g)(6)(A)(iii); Head Start Reauthorization 40 Pre-School Resources Child Care Resource and Referral Networks (CCR&R) Child care resources for every region in the state Pre-School Resources Child Care, Inc. dba as Center for Children's Initiatives Website: (212) Main Line (212) Direct Line Child Development Support Corporation Phone: (718) , Toll Free (888) Chinese American Planning Council, Inc. Phone: (212) x 207, Toll Free 1- (888) Committee for Hispanic Children & Families, Inc. Phone: (212) , Toll Free 1- (888) Day Care Council of New York, Inc. Phone: (212) , Toll Free 1- (888)

15 Outreach Posters and Brochures NYS-TEACHS Brochures are available in English and in Spanish and NYS-TEACHS Posters in 7 languages. Please visit our website or call to order posters and brochures. (They re free.) 43 Identification Strategies Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, etc.) Coordinate with community service agencies, such as shelters, soup kitchens, drop-in centers, welfare and housing agencies, and public health departments Provide outreach materials and posters where there is a frequent influx of low-income families and youth in high-risk situations, including motels and campgrounds Educate school staff about warning signs that may indicate an enrolled child or youth may be experiencing homelessness 44 Identification Strategies (cont.) Make special efforts to identify preschool children, including asking about the siblings of school-aged children Develop relationships with truancy officials and/or other attendance officers Use enrollment and withdrawal forms to inquire about living situations Have students draw or write about where they live Avoid using the word "homeless" in initial contacts with school personnel, families, or youth 45 15

16 Enrollment Strategies Train all school enrollment staff, secretaries, school counselors, school social workers and principals on the legal requirements for enrollment. Be sensitive about smoothly integrating new students into the classroom and school community. 46 Enrollment Resources NYS Liaison Toolkit Enrollment: Ready Reference for Schools From the School Office to the Classroom: Strategies for Enrolling and Supporting Students Experiencing Homelessness Prompt and Proper Placement: Enrolling Students Without Records Providing Equal Access: Enrolling Children and Youth Experiencing Homelessness (online training presentation) 47 Dispute Resolution Resources Copies of NYS appeal forms and instructions, or Liaison Toolkit, Appendix E, SED Guidance Memo and Q&As Regarding 310 Appeal Process als.shtml or NCHE Resolution of Disputes brief

17 Resources for Preschoolers Helping Young Children Grow & Learn: A Guide for Families and Shelter Providers. SE_family.pdf Using the Best That We Know: Supporting Young Children Experiencing Homelessness. SE_educ.pdf The Potential of Title I for High-Quality Preschool. For information about the Parent-Child Home Program, please see: For more resources on preschool and early childhood education, please see: 49 Special Education Resources Parent Training and Information Centers in NYS: Advocates for Children of New York (New York City) (212) ; (866) , Resources for Children with Special Needs, Inc. (212) , Sinergia/Metropolitan Parent Center (212) , For general information about special education, contact Vocational and Educational Services for Individuals with Disabilities (VESID) at (518) or 50 Special Education Resources, cont d For assistance with particular cases contact the VESID s Special Education Quality Assurance Regional Offices: New York City Regional Office (718) For information about programs and services for young children, ages birth through five, who have physical, mental, or emotional disabilities contact the Early Childhood Direction Centers: (518)

18 Special Education Resources, cont d Individuals with Disabilities Education Improvement Act (IDEA) of 2004: Provisions for Children and Youth with Disabilities Who Experience Homelessness - Project HOPE-VA - for information briefs National Dissemination Center for Children With Disabilities - for fact sheets National Association of State Directors of Special Education - National Early Childhood Technical Assistance Center - The Child Advocate - Free legal resources for students with disabilities: National Disability Rights Network or Resources for parents of students with disabilities, from USDE Center for Law and Education USDE Office of Special Education Programs - USDE Office for Civil Rights Useful Websites New York State Technical and Education Assistance Center for Homeless Students National Center for Homeless Education National Association for the Education of Homeless Children and Youth National Law Center on Homelessness and Poverty 53 Scholarships Education and Training Voucher Program provides up to $5000 a year for foster youth and former foster youth to enable them to attend college. For more information, go to: LeTendre Education Fund provides a $1000 college scholarship to youth who are or who have been homeless. For more information, go to:

19 Contact Information NYS-TEACHS