2018 Year-in-Review

Answer: The financial aid office cannot require the updated letter from you. The financial aid administrator is required to make the independence determination in the absence of a letter from you. Particularly for students already at their university, the financial aid office should not be sending students back to the high school. AVG-117 makes this very clear.

However, you can send the updated letter, and practically speaking, it may be much easier for the student if you do. The U.S. Department of Education (ED) has changed their guidance to financial aid administrators (FAAs), and also to liaisons. ED now specifically says that liaisons may continue to submit letters of verification for unaccompanied homeless youth in subsequent years, up to age 23, as long as liaisons have the information that is necessary to make the determination of their homeless and unaccompanied status, or their status as at risk of homelessness, unaccompanied, and self-supporting.

Please see the sidebar on Application and Verification Guide (AVG)-118 for the instruction to FAAs (you can just search for “liaison”). Also, see pp. 48-49, Q-2, for the same information provided to liaisons.

I think you could let the school know about this new guidance, and then provide them with an updated letter (as long as you have the information needed to verify that she is homeless and unaccompanied, OR that she is at risk of homelessness, unaccompanied, and self-supporting).

If you don’t have the information to make the determination, the FAA must make the determination.

Answer: LEAs must conduct outreach to identify and report data on all children and youth experiencing homelessness, including young children. Some strategies recommended by the U.S. Department of Education include collaborating with:

• Shelters;
• Health centers and social service agencies, such as agencies that administer the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Temporary Assistance for Needy Families (TANF), and other public benefits;
• Early childhood education providers, such as Head Start and Early Head Start programs; public or private preschool programs, which can be school or community based; public or private child care programs; family child care homes and home-based early childhood programs; and early childhood health and development providers, such as HHS/HRSA-funded Maternal, Infant, and Early Childhood Home Visiting (MIECHV);
• School personnel; and
• Early intervention and special education programs (IDEA, Parts B and C). USED Guidance, March 2017, N-1.

Other partners that can help find families with young children experiencing homelessness include housing and homeless assistance programs, motels, domestic violence shelters and advocates, substance abuse programs, faith-based providers like Family Promise, and sources of food like soup kitchens and food pantries.

USED Guidance states: “N-4. Do McKinney-Vento Act requirements apply to homeless children attending preschool? To the extent that an LEA offers a public education to preschool children, including LEA-administered Head Start programs, an LEA must meet the McKinney-Vento Act requirements for homeless children in preschool, including ensuring that a homeless child remains in his or her public preschool of origin, unless a determination is made that it is not in the child’s best interest. (See sections 721(1), 722(g)(1)(F)(i), 722(g)(3)(I)).”

This means that if there is an opening in the preschool program, a child experiencing homelessness must be enrolled immediately, even if they do not have proof of immunizations or other documents typically required for enrollment. The McKinney-Vento Act is federal law, and therefore supersedes conflicting state law and regulations.

In addition, under the new federal child care law and regulations, states are required to establish a grace period for children experiencing homelessness to comply with immunization and other health and safety requirements. Homeless children must be allowed to receive child care services during the grace period, while families work to meet health and safety requirements. In addition, federally-funded child care agencies are required to help families comply with immunization and other requirements during the grace period, and providers can receive payment during the grace period. Here is a link to a summary of those rules: https://schoolhouseconnection.org/wp-content/uploads/2016/12/CCDFSummary.pdf

We recommend talking to your State McKinney-Vento Coordinator and CCDF state administrator to learn more about how the state is complying with those new rules. The CCDF regulations also require training and outreach on homelessness, so it could be a good opportunity to cross-train on McKinney-Vento, preschool, and child care more generally.

Answer: Charter schools are subject to the same transportation provisions as any public school, whether they are their own LEA or part of another LEA. They are required to provide school of origin transportation. In addition, for children for whom the charter is not their school of origin, charter schools are required to provide comparable transportation. Those are two separate and different requirements. (The school of origin requirement is in section 722(g)(1)(J)(iii) of the law, and the comparable transportation for non-school of origin transportation is in section 722(g)(4)(A) of the law.)

Whether the charter school generally provides bussing to students does not matter when it comes to school of origin transportation for McKinney-Vento students, because school of origin transportation is a requirement under McKinney-Vento. It is not a comparable service— it is beyond comparable. The specific type of school of origin transportation provided depends on the age of the child and the options available. For older students who can access the city bus safely, bus passes might work perfectly. If parents have vehicles and are able to transport their children, gas assistance is a great option. Taxis, school buses or other arrangements will be necessary in other circumstances.

For charter schools that are part of your LEA, ultimately your LEA is responsible. Contracts and payment arrangements your LEA has with the charter school are outside the purview of McKinney-Vento; under McKinney-Vento, the bottom line is that transportation is provided in compliance with the law, and internal payment arrangements can work however the charter or your district set that up. For those charter schools that are their own LEA, they are responsible. In those cases, your district may split the cost with the charter, but again, those specifics are up to you to work out.

Answer: The short answer is yes, both McKinney-Vento funds, and the Title I Part A homeless set aside funds, may be used for this purpose.

The U.S. Department of Education guidance states that Title I Part A set aside funds may be used for homeless students if the services are “reasonable and necessary to assist homeless students to take advantage of educational opportunities.”

Credit recovery certainly fits that description.

Also, two authorized activities in the McKinney-Vento Act speak to this issue:

• The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State academic standards as the State establishes for other children and youths. 42 U.S.C. 11433(d)(1).
• The provision of services and assistance to attract, engage, and retain homeless children and youths, particularly homeless children and youths who are not enrolled in school, in public school programs and services provided to non homeless children and youths. 42 U.S.C. 11433(d)(7).

Lastly, ESSA put new emphasis on credit recovery by requiring States to have “procedures to identify and remove barriers that prevent students from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies.” 11432(g)(1)(F)(ii). School district liaisons are required to implement these procedures. 11432(g)(6)(A)(x).

Although this provision does not speak directly to the situation raised in your question—because the ESSA provision deals with credits for courses fully or partially completed—it reflects a strong Congressional policy in support of assistance with credit recovery.

Answer: Yes, both the school and the student have rights in this situation. First, regarding the runaway report: It’s not the role of the school to make runaway reports. Parents make runaway reports regarding their children to law enforcement. So the stepfather can make a report, and should not ask the school to do that. If a runaway report is made to law enforcement, and the school is aware of the report, the school has to contact law enforcement or child protective services or the parent. The purpose of the contact is to let someone know where the youth is. In this case, the stepdad knows where the youth is. The stepdad can go to law enforcement and tell them where the youth is. The school does not need to be involved, and in fact should not be involved. This is a family matter that the stepdad needs to deal with, not the school.

In addition, the McKinney-Vento Act requires schools to remove barriers to identification, enrollment, and retention in school. 42 U.S.C. § 11432(g)(1)(I). Calling the police in this situation would present a tremendous barrier to identification, enrollment, and retention and would violate the McKinney-Vento Act.

The school also is not required to complete any paperwork related to child support. In fact, I would suggest your district speak with an attorney before completing any such paperwork. I suspect the paperwork requires the school to verify information about the support the stepdad provides to the youth. Since you have identified the student as an unaccompanied youth, it would not be appropriate for you to provide the court with information stating the stepdad is supporting the student.

Assuming the student is 16 years old or older, the student can get social security benefits transferred to his own name. He will need to do that at a social security office. If you (or someone else appropriate from school) could accompany him, or at least give him a letter on your letterhead describing his situation, that would be very helpful. He can get an appointment at the Social Security office by calling 800-772-1213.

Hopefully, at least the youth will able to switch payment of the Social Security benefits. The youth also can switch Supplemental Nutrition Assistance Program (SNAP) benefits, if stepdad is getting any of those.