Guide for NEW YORK CITY

Transcription

1 New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) Toll-free number: (800) Website: For information about New York State, please see our Guide to the Educational Rights of Students in Temporary Housing in New York State. A Publication of the New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) September 2014 Guide for NEW YORK CITY

2 If your family is living in ANY of the following situations Housing that is not Fixed, Regular AND Adequate; A shelter, emergency or transitional housing; Sharing housing due to loss of housing or economic hardship; In a motel, hotel, trailer park, or camping grounds due to lack of other housing; In a car, park, public space, abandoned building, or bus or train station; Awaiting foster care placement; or In any of the above housing arrangements and are eligible for the Migrant Education Program NYS-TEACHS is funded by the New York State Education Department and is housed at Advocates for Children of New York. This guide does not provide legal advice and should not be used as a substitute for seeking professional legal advice. It is a summary of policies and laws.... your children have important educational rights under the McKinney-Vento Act, a federal law. In this guide... Educational Rights, 3 Unaccompanied Youth, School Selection, 4-5 Special Education, Enrolling in School, 6-7 Dispute Resolution, Transportation, 8-10 STH Responsibilities, 18 Preschool, 11 Helpful Contact Info,

3 Educational Rights Contact Information OTHER RESOURCES FOR FAMILIES AND YOUTH IN TEMPORARY HOUSING Children and youth who are living in temporary housing situations have the right to... Below are resources for issues not related to education: Advocacy for Families and Youth: Coalition for the Homeless: The Door: (for youth only) Legal Aid Society: Legal Services of NY: New York Legal Assistance Group: Urban Justice Center: Counseling: For a list of mental health providers, call Medicaid Exemption: Individuals living in shelters can receive that accepts Medicaid so they can get treatment at any hospital or clinic that accepts Medicaid. To get straight Medicaid, fill out an Exemption Form and send it in with a residency letter from the shelter. To get an Exemption Form, call Free Furniture: Furnish-a-Future: offers free used furniture for formerly homeless families leaving the shelter system and will deliver it for free. Families must have a referral from DHS. Go to school, no matter where they live or how long they have lived there; Choose between the local school close to where they are currently living and their school of origin, which is the school they attended before losing their housing or the school where they were last enrolled; Immediate enrollment. Enroll and participate in school without providing any documents, such as proof of residency, immunizations, school records, or other documents normally needed for enrollment; Transportation, to and from the school where they were last permanently housed or last attended; Receive free meals at school, without filling out an application; Have access to the same special programs and services, if needed, as those offered to other students who are eligible to receive them Your local educational homeless liaison can help with all of these rights. Please call NYS-TEACHS at (800) for liaison contact information. 26 3

4 Contact Info: Other Resources WHICH SCHOOL CAN I CHOOSE? Contact Information EDUCATION RESOURCES Children and youth who are temporarily housed have the right to choose between the local school where they are currently living, the school they last attended and the school where they were last permanently housed. What is the local school? The local school is the school zoned for the area where the student is temporarily living or any school permanently housed students living in the same zone can attend. What is the school of origin? The school of origin is the school where the student was last enrolled or the school the student attended before she lost her housing. How do I decide? There are many things to consider when deciding where to send your child to school, and every family is different. It s often better to keep children in the school they have been attending so they can remain with their classmates and teachers they know. Students who transfer have to make new friends and get used to new classes, and it can take several months for students to catch up with their school work. But sometimes it makes sense to transfer because of transportation issues (see pages 8 10), and, for some families, safety concerns (see page 5). Do I have to transfer my child to a new school if my family is temporarily living in a different borough? NO. All parents in temporary housing can choose to keep their child in the school they were attending, even if it s in another borough. Below are resources for services including afterschool programs, alternative high schools, GED programs, English classes, and college scholarships: Afterschool Programs: Family Guide to After School Programs: The After School Corporation, Alternative High Schools and GED Programs: (see page 21 for additional District 79 programs) Manhattan Comprehensive Night and Day School English Classes: Call 311 for a list of GED Programs for youth and adults. College Scholarship Information: LeTendre Education Fund provides college scholarship for students who are or have been homeless: Education and Training Voucher Program provides up to $5000 a year for foster youth and former foster youth to go to college:

5 School Selection CSE # 5 (Districts 19, 23, 32), /3558 CSE Chairperson: Geraldine Beauvil 1665 St. Marks Avenue, Brooklyn, NY, What if this is my child s first year of school? If your child has never been enrolled in school, you should find out which school is zoned for the address where you are temporarily living and enroll your child in that school. CSE # 6 (Districts 17, 18, 22), CSE Chairperson: Arlene Rosenstock 5619 Flatlands Avenue, Brooklyn, NY, CSE # 7 (Districts 20, 21, 31) CSE Chairperson: Amine Haddad Districts 20, 21: th Street, Brooklyn, NY, District 31: Ocean Terrace, Bldg. A, Staten Island, NY, CSE # 8 (Districts 13, 14, 15, 16), CSE Chairperson: Cherry Kang 131 Livingston Street, 4th Fl., Brooklyn, NY, CSE # 9 (Districts 1, 2, 4), CSE Chairperson: Jennifer Lozano 333 7th Ave., 4th Fl., New York, NY, CSE # 10 (Districts 3, 5, 6), CSE Chairperson: Jane O Connor 388 West 125th Street, New York, NY, Charter Schools (All Districts), CSE Chairperson: Mariama Sandi One Fordham Plaza, 7th Floor, Bronx, NY What if we find permanent housing? Children who were living in temporary housing who become permanently housed within New York City have the right to continue going to the same school until they graduate from that school building. For example, if a temporarily housed student is in 4th grade at a K-8 school, and finds permanent housing mid-year, she is entitled to stay enrolled at that school through 8th grade. What if my family is at a shelter? Family Shelters For families living in family shelters, parents can request a shelter transfer. Families who have been placed in a shelter outside of the school district of origin may be able to transfer to a closer shelter if there are beds available. To find out more about shelter transfers, ask your shelter caseworker, contact your borough s Students in Temporary Housing Content Expert (see page 20) or call NYS-TEACHS at (800) Domestic Violence Shelters Your children are entitled to the same rights as any child staying in any other kind of temporary housing situation. But often it is best to transfer your children for safety and confidentiality reasons. In all cases, families should make sure that the school has a copy of the order of protection, if there is one, that the address is blocked on the school data tracking system, and that school staff know not to give any information about the children to the abuser. 24 5

6 Contact Info: Education Resources HOW DO I ENROLL IN SCHOOL? Contact Information SPECIAL EDUCATION CONTACTS Students who are temporarily housed must be enrolled in school immediately even if they do not have documents normally needed for enrollment, like: School records, Medical records (including proof of immunizations), Birth certificates, Proof of residency, Guardianship papers or Individualized Education Plans (IEPs). How long should it take to enroll my children in school? Children and youth living in temporary housing have the right to enroll in school immediately. Immediate enrollment means being able to attend classes and participate fully in school activities. This is also true for students receiving special education services. Who can help me get my child enrolled in school? Every NYC borough has 1-2 Students in Temporary Housing Content Experts who can help families who are living in temporary housing with their educational needs. If you are having difficulty enrolling your child in school, contact your borough s Students in Temporary Housing Expert (see page 20) or call NYS-TEACHS at (800) Whose responsibility is it to get my child s old school records and give them to the new school? It is the enrolling school s responsibility to immediately contact the student s previous school to get her academic records. However, if you have your child s records, you should bring them 6 For help with services for children and youth with special needs, including special education services, contact: Committee on Preschool Special Education (CPSE)* (children 3-5 years old) *For CPSE help, call the district CSE (contact info below) CSE # 1 (Districts 7, 9, 10), CSE Chairperson: Steven Birkeland One Fordham Plaza, 7th Floor, Bronx, NY, CSE # 2 (Districts 8,11, 12), CSE Chairperson: Tricia DeVito 3450 East Tremont Ave., 2nd Fl, Bronx, NY, CSE # 3 (Districts 25, 26, 28, 29) CSE Chairperson: Esther Morell Districts 25, 26: Linden Place, Flushing, NY, Districts 28, 29: Sutphin Blvd., Jamaica, NY, CSE # 4 (Districts 24, 27,30) CSE Chairperson: Chris Cinicola Districts 24, 30: Queens Plaza North, 5th Fl, Long Island City, NY, District 27: Rockaway Blvd., 2nd Fl, Ozone Park, NY,

7 Enrollment EDUCATION ADVOCACY SUPPORT FOR CHILDREN WITH SPECIAL NEEDS Advocates for Children of New York, (hotline hours M-Th 10 am 4 pm) AHRC, (212) , TDD/TTY: Mental Health Association of New York, Partnership for Children s Rights, Legal Services for New York Bronx, Legal Services for New York Brooklyn, NY Lawyers for the Public Interest, Parent to Parent of New York, Partnership for the Homeless, Queens Legal Services, Contact Information Resources for Children with Special Needs South Brooklyn Legal Services, Sinergia, to the school. If the student was previously enrolled in a NYC public school, academic and immunization records should be available through ATS, the Department of Education s computer system. All schools have access to ATS. A student cannot be turned away from a school for failing to have academic or immunization records. Do I need to get a letter from the shelter or from a landlord to prove where I am currently living? NO. A school may not force you to get a letter from a shelter or a landlord in order to enroll your child in school. If you tell the school that you are living in temporary housing, they must enroll your child immediately. However, if the school doubts that you are temporarily housed and starts the dispute resolution process, it is the parent s responsibility to prove where the family is living and that it is temporary (see pages 16-17). Does a family member need legal custody of a student in order to enroll the student in school? NO. If a student is living in temporary housing with a family member or friend and wants to enroll in school, the family member or friend does not need to have legal custody of the youth. Schools cannot force family members or friends to file for custody or show guardianship papers in order to enroll a student who is covered under the McKinney-Vento Act (see page 12). If my child is under 21 years old, can she return to school even though she dropped out over a year ago? YES. Students have the right to attend school until they receive their high school diploma (even if they have a GED) or until the end of the school year in which they turn 21 years old. United We Stand, Transportation 22 7

8 Contact Info: STH Content Experts HOW WILL MY CHILD GET TO SCHOOL? Contact Information CITYWIDE PROGRAM CONTACTS In NYC, children in temporary housing in grades K-6 may be eligible for yellow bus service through the Department of Education if there is an available route. If there is not an available route, the children will be given full-fare MetroCards by their schools and, if necessary, parents of K-6 students will be given a MetroCard to accompany their children on public transportation. Children grades 7-12 are eligible for full-fare MetroCards to travel to and from school. How do I request transportation to school for my child? The family should contact the Students in Temporary Housing Content Expert (see page 20) for the borough in which the family is living, or call NYS-TEACHS at (800) How do I check on a busing request? Contact the Office of Pupil Transportation (OPT) at (718) If OPT hasn t gotten the request, contact the STH Content Expert (page 20). Office of School and Youth Development Susana Vilardell, Director (718) , svilardell@schools.nyc.gov Montgomery Smith, Senior Program Manager (718) , msmith66@schools.nyc.gov Vicky Checo, Program Coordinator (718) , vcheco@schools.nyc.gov Citywide Special Education (District 75) Michele Marcel, (212) , mmarcel@schools.nyc.gov 400 First Avenue, Rm. 331, New York, NY, District 79 Alternative Schools and Programs BRONX Referral Center, (718) Eva Ruiz, Bronx Regional HS, 1010 Rev. Polite Avenue, Bronx, NY, BROOKLYN Referral Center, (718) Makia Washington, mwashington7@schools.nyc.gov Marcy Avenue Complex, 832 Marcy Avenue, Brooklyn, NY MANHATTAN Referral Center, (212) Kathleen Guilbert, kguilbert@schools.nyc.gov Richard Bonk, rbonk@schools.nyc.gov Alternative Learning Complex, 269 West 35th Street, New York, NY, What if the Office of Pupil Transportation has the wrong address for my child? Contact the school and ask that they enter the correct address into ATS, the Department of Education s computer system. OPT cannot process a request for busing without the correct address. QUEENS Referral Center, (718) Nancy Faltas, nfaltas@schools.nyc.gov Maria Johnson, mjohnson50@schools.nyc.gov Michele Brown, mbrown39@schools.nyc.gov Jamaica Learning Center, Hillside Ave, Jamaica, NY, STATEN ISLAND Referral Center, (718) Melissa Galli, St. George, 450 St. Marks Place, Staten Island, NY,

9 Transportation Contact Information BOROUGH-BASED STUDENTS IN TEMPORARY HOUSING CONTENT EXPERTS Bronx (Districts 7, 8, 9, 10, 11, 12) Stephanie Dyer, (718) , Bak Harris, (718) , 1 Fordham Plaza, Rm. 816, Bronx, NY, Brooklyn (Districts 13, 14, 15, 16, 19, 23, 32) Wayne Harris, (718) , Jean Regnier, (718) , 131 Livingston Street, 4th Floor, Brooklyn, NY, Manhattan (Districts 1, 2, 3, 4, 5, 6) Cecilio (Bo) Diaz, (917) , Iris Gersten, (917) , 333 7th Avenue, 7th Fl, New York, NY, Queens (Districts 24, 25, 26, 27, 28, 29, 30) Winnie Tjioe, (718) , Stephanie Goldstein, (718) , Queens Plaza North, 2nd Fl, Long Island City, NY, Can my child get transportation to school if we are temporarily living outside of the attendance zone and/or borough? YES. Students living in temporary housing are entitled to transportation to their school of origin (either the last school they attended or the school they attended when they were last permanently housed), even if they are living outside of the attendance zone/borough. If the students are in grades K-6, they can get yellow bus service if there is an available bus route. If they are in grades 7-12, the students are entitled to a full-fare MetroCard. What if we are living at a domestic violence shelter? The shelter caseworker should tell the parent where it is safe for the children to be picked up (either at an address or corner). This information, but not the address of the shelter, should be given to Office of Pupil Transportation. How long can my children get transportation to school? Children and youth living in temporary housing are entitled to transportation for as long as they are living in temporary housing. There is no time limit on how long a family can live in temporary housing. It may be a few weeks or several years. Staten Island/South Brooklyn (Districts 17, 18, 20, 21, 22, 31) Charlene Mitchell, (718) cmitchell4@schools.nyc.gov Edonine Castor, (718) , ecastor@schools.nyc.gov 1780 Ocean Ave, Room 1B, Brooklyn, NY, Transportation, cont d 20 9

10 Preschool/STH Responsibilities METROCARDS Students in grades K-12 who need transportation but are not getting busing should get a full-fare MetroCard from the school. Parents may also get MetroCards to accompany their young children on public transportation. Contact the Students in Temporary Housing Content Expert for help. (see page 20.) There is no time limit for how long a parent may receive a MetroCard to accompany their children to school. A family does not have to be living in a shelter in order to receive MetroCards. Contact the Students in Temporary Housing Content Expert for help. (see page 20.) Still have questions??? If you have additional questions regarding a student in temporary housing, or if you need assistance contacting your borough Student in Temporary Housing Content Expert or another agency listed in this guide, please call... NYS-TEACHS New York State Technical and Education Assistance Center for Homeless Students Parents who live at a shelter and leave before the Department of Education worker arrives, should ask them for MetroCards in the afternoon the day before. Parents who receive an unlimited MetroCard from their workfare or WEP assignment shouldn t need another one to take their children to school. Parents not getting MetroCards from WEP can get one from the Students in Temporary Housing Program. Parents are also entitled to get MetroCards to attend school meetings, parent-teacher conferences, and special education appointments. Melanie Faby Program Associate for Homeless Education, NY State Education Department Susana Vilardell Director, NYC Department of Education Students in Temporary Housing Program

11 Preschool RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION S STUDENTS IN TEMPORARY HOUSING PROGRAM Reach out to children and youth in all different kinds of homeless situations; Make sure students are enrolled in school immediately, even if they do not have the papers they would normally need; Help families and youth get immunizations and medical records if a student needs them; Tell parents and youth about all transportation services and help set up transportation; Settle disagreements between schools and families or youth quickly; Make sure preschoolers who are homeless can enroll in Head Start, Even Start, or other pre-school programs; Put up notices about the educational rights of students in homeless situations; Refer students to any medical, dental, mental Health or other services they need; Coordinate with social services and housing agencies to ensure access to education; and Make sure students have a full and equal chance to do well in school. PRESCHOOL Are preschoolers entitled to immediate enrollment? YES. If a district offers pre-k services, students in temporary housing are entitled to immediately enroll in the local program (see pages 6-7). What if there is no space in the pre-k program? If there is no space in the program the Students in Temporary Housing Content Expert (or the Department of Education Worker, if you are living at a shelter) should find a seat at another school in the district. If there aren t any available seats in the district, the Content Expert or the Department of Education Worker should find a seat in another district. What about Head Start? If there is no space in a local pre-k program, Head Start programs are another option. All preschool age children in temporary housing are eligible for Head Start and should be given priority for enrollment. Your borough s STH Content Expert can help you contact your local Head Start. For a list of local Head Start programs, please go to Other Preschool Resources: The Child Care Resource and Referral program (CCR&R) provides a list of all available preschool programs and child care resources in NY state, broken down community by community. Please go to referralagencys.asp and click on Find your Local Child Care Resource and Referral Organization or call (518)

12 Dispute Resolution WHAT IF I M A YOUTH ON MY OWN? Youth who are homeless and who are not living with their parents or legal guardians can and should go to school. Who is an unaccompanied youth? An unaccompanied youth is a youth who is not in the physical custody of his or her parents. Unaccompanied youth are covered under McKinney-Vento if they are living in temporary housing as described on page 2. If I am living apart from my parents in a temporary housing situation, can I enroll in school without my parents? YES. Unaccompanied homeless youth DO NOT need a parent with them to enroll in school. School districts should enroll you immediately, even without any of the paperwork the school might ordinarily need. When you go to the school to enroll you should ask to speak with the Students in Temporary Housing liaison who can help you with enrollment. If that person is not available, call NYS-TEACHS at (800) How long should it take to get a written decision from the school? The school must provide the parent or unaccompanied youth with a written explanation of its decision immediately. If the school does not provide you its decision in writing, contact the Students in Temporary Housing Content Expert for help. Does it cost money to file an appeal? NO. The parent or unaccompanied youth can fill in the forms by hand, and they do not need to pay a fee to file an appeal. Who can help me with an appeal? The Students in Temporary Housing Content Expert must help you under federal law. (see page 20.) Where can I find a copy of the appeal forms? The appeal forms can be downloaded from: or you can ask the Students in Temporary Housing Content Expert for a copy of the forms or call NYS-TEACHS at (800) What if my parents want me to come home? Students who are not living with a parent or guardian and who are living in a temporary housing situation (see page 2) can enroll themselves in school even if their parent or guardian says they can return home. For many of these students, school is their only safe, nurturing environment. Schools should not refuse to enroll students in order to force them to go home or punish them for leaving home. Preschool 12 17

13 Unaccompanied Youth DISPUTE RESOLUTION If a school does not believe that a student is homeless, or if a school refuses to immediately enroll a student or provide transportation to a student who says they are homeless, parents and unaccompanied youth have the right to challenge or appeal the school s decision. Even if a school thinks a student is not homeless, the school must immediately enroll the student and provide transportation for the student while the problem is being resolved. Can I go back to high school even though I am 20 years old and left school 2 years ago? YES. All youth who have not received a high school diploma have the right to attend school through the school year when they turn 21, even if they have dropped out. Students who have earned GEDs can also return to school to work towards a regular diploma. There are special programs for older students who do not have a lot of credits. Contact the Students in Temporary Housing Program (see page 20) or NYS-TEACHS at (800) for more information. What if there is a dispute? If there is a dispute, the parent should contact the Borough Students in Temporary Housing Content Expert or the Department of Education worker, if the parent is living at a shelter. (see page 20.) If the Content Expert cannot fix the problem, the parent will get a written explanation of the decision including information about the right to appeal the decision. What is the appeal process? If a student says that she is homeless but the school district disagrees, the district must provide the parent or unaccompanied youth with a written explanation of its decision. This written decision must tell the parent or the unaccompanied youth about their right to appeal and must also include the name, and contact information for the LEA liaison, who is responsible for helping the parent or unaccompanied youth with any appeal. The parent or unaccompanied youth has thirty days from the day that the district gives its decision to file an appeal with the State Education Department. Special Education 16 13

14 Special Education dents in homeless situations who decide to transfer to a new school. SPECIAL EDUCATION Under federal law, students with disabilities who have current Individualized Education Plans (IEPs) and transfer to a new school district should be placed in school immediately and receive services like those they received at their old school. How do I request an evaluation for my child? If you have a child 0-3 years old, you can contact the Early Intervention Program at (800) 577-BABY (2229) to request an evaluation. To request an evaluation for a child who is 3-5 years old, contact the Committee on Special Education in your school district. (see pages ) To request an evaluation for special education services for children and youth between 5-21 years old, contact the School-Based Support Team at the school where the student is enrolled or the Committee on Special Education if the student is out of school. (see pages ) If my child already has an IEP and transfers to a new school, does she have to wait for the school to hold an IEP meeting before she can start attending school and receiving services? NO. If your child has a current IEP, she should be able to be placed immediately in school and should receive services comparable to those on his IEP. If the new school district doesn t have exactly the same type of program that is on your child s IEP, they should offer you the most comparable program offered in that school district. The School-Based Support Team can hold an IEP meeting, but your child does not have to wait to receive services while this happens. Under Chancellor s Regulations, the Department of Education must find a new placement in 3 days for stu- 14 How long should it take for special education services to begin once I consent to an evaluation? No more than 60 school days. Evaluations, an IEP meeting, and arranging for a placement must be completed within 60 school days from the day the parent consents for evaluation. Can I have my child evaluated for special education services even though I may be moving soon? YES. Schools must evaluate students for special education services if the parent makes a request even if the student may be transferring schools soon. If you move during the evaluation process, the 60-day time limit will NOT apply if the new school is working to promptly complete the former school s evaluation and the parent and new school district agree in writing to a specific time when the evaluation will be completed. Who can I contact if I have a question or a problem with my child s special education placement? If you have a question or a problem with your child s special education placement, you can speak with a member of the School- Based Support Team, your school district s CPSE (see pages 23-24) or call one of the education advocacy services listed on page