[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14432-14436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06073]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
McKinney-Vento Education for Homeless Children and Youths Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Secretary issues guidelines for States related to
requirements under the McKinney-Vento Homeless Assistance Act
(McKinney-Vento Act), as amended by the Every Student Succeeds Act
(ESSA). These guidelines address ways in which
[[Page 14433]]
a State may (1) assist local educational agencies (LEAs) to implement
the provisions related to homeless children and youths amended by the
ESSA and (2) review and revise policies and procedures that may present
barriers to the identification, enrollment, attendance, and success of
homeless children and youths in school.
FOR FURTHER INFORMATION CONTACT: John McLaughlin, Office of Elementary
and Secondary Education, U.S. Department of Education, 400 Maryland
Avenue SW., Washington, DC 20202-6132. Telephone: (202) 401-0962 or by
email: [email protected].
If you use a telecommunications device for the deaf or a text
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION:
I. Background
Section 724(g) of the McKinney-Vento Act, as amended by the ESSA
(Pub. L. 114-95), requires the Secretary to develop, issue, and publish
in the Federal Register guidelines concerning ways in which a State:
(1) May assist LEAs to implement the provisions related to homeless
children and youths amended by the ESSA and (2) may review and revise
policies and procedures that may present barriers to the
identification, enrollment, attendance, and success of homeless
children and youths in school.
Under the McKinney-Vento Education for Homeless Children and Youth
(EHCY) program, which is administered by the U.S. Department of
Education's (the Department) Office of Elementary and Secondary
Education, State educational agencies (SEAs) must ensure that homeless
children and youths have equal access to the same free, appropriate
public education, including a public preschool education, as is
provided to other children and youths. The SEA and LEAs in the State
must review and revise any laws, regulations, practices, or policies
that may act as barriers to the identification, enrollment, attendance,
or success in school of homeless children and youths. LEAs and schools
may not separate homeless students from the mainstream school
environment on the basis of their homelessness. Homeless students must
also have access to the education and other services that they need to
meet the same challenging State academic standards to which all
students are held. (Section 721 of the McKinney-Vento Act, as amended
by the ESSA).
Following reauthorization of the McKinney-Vento Act by the No Child
Left Behind Act of 2001 (NCLB) (Pub. L. 107-110), the Secretary
published a notice in the Federal Register on March 8, 2002 (67 FR
10697), that provided detailed guidelines to help States expedite the
school enrollment of homeless children and youths. These guidelines
included a review of statutory enrollment provisions related to both
SEA and LEA responsibilities and concluded with a discussion of ways in
which States have assisted, or may assist, LEAs in immediately
enrolling students experiencing homelessness in schools.
Since the McKinney-Vento Act was last reauthorized under NCLB, SEAs
and LEAs have made great strides in revising policies that posed
barriers to the enrollment and success of homeless children and youths.
The ESSA provides a new opportunity for States to review these policies
and procedures to address continued barriers to homeless student
success, as well as to review and refine policies related to new or
changed provisions in the law.
II. Definitions
Section 725 of the McKinney-Vento Act, as amended by the ESSA,
defines the following terms:
(a) Homeless children and youths means individuals who lack a
fixed, regular, and adequate nighttime residence. The term includes--
(1) Children and youths who are sharing the housing of other
persons due to loss of housing, economic hardship, or a similar reason;
are living in motels, hotels, trailer parks, or camping grounds due to
the lack of alternative adequate accommodations; are living in
emergency or transitional shelters; or are abandoned in hospitals.
(2) Children and youths who have a primary nighttime residence that
is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings.
(3) Children and youths who are living in cars, parks, public
spaces, abandoned buildings, substandard housing, bus or train
stations, or similar settings; and
(4) Migratory children (as defined in section 1309 of the
Elementary and Secondary Education Act of 1965, as amended), who
qualify as homeless because they are living in circumstances described
in this definition.
(b) Enroll and enrollment include attending classes and
participating fully in school activities.
(c) Unaccompanied youth includes a homeless child or youth not in
the physical custody of a parent or guardian.
III. Changes to the EHCY Program Under the ESSA
The ESSA amended a number of key provisions under the EHCY program.
Significant changes affect the following areas of the EHCY program:
(1) State Plans
State plan requirements have been modified and must include:
(a) A description of procedures to ensure (i) that homeless
children and youths separated from public schools are identified and
accorded equal access to appropriate secondary education and support
services, including by identifying and removing barriers that prevent
youths described in this clause from receiving appropriate credit for
full or partial coursework satisfactorily completed while attending a
prior school, in accordance with State, local, and school policies and
(ii) that homeless children and youths who meet the relevant
eligibility criteria do not face barriers to accessing academic and
extracurricular activities, including magnet school, summer school,
career and technical education, advanced placement, online learning,
and charter school programs, if such programs are available at the
State and local levels. (Section 722(g)(1)(F)(ii-iii)).
(b) A demonstration that SEAs and LEAs have developed polices to
remove barriers to the identification, enrollment, and retention of
homeless children and youths, including barriers to enrollment and
retention due to outstanding fees or fines, or absences. (Section
722(g)(1)(I)).
(c) An assurance that SEAs and LEAs will adopt policies and
practices to ensure that LEA liaisons participate in professional
development and other technical assistance activities provided by the
State Office of the Coordinator for Education of Homeless Children and
Youths (Office of the Coordinator). (Section 722(g)(1)(J)(iv)).
(d) A description of how homeless children and youths will receive
assistance from counselors to advise such youths, and prepare and
improve the readiness of such youths for college. (Section
722(g)(1)(K)).
(2) Functions of the Office of the Coordinator
The statute now requires the State Coordinator for Education of
Homeless Children and Youths (State Coordinator) to:
(a) Make publicly available reliable, valid, and comprehensive
information on (i) the number of homeless children and youths
identified in the State, which must be posted annually on the
[[Page 14434]]
State's Web site, and (ii) the difficulties in identifying the special
needs of and barriers to the participation and achievement of homeless
children and youths. (Section 722(f)(1)(A) & (C)).
(b) Conduct monitoring of LEAs. (Section 722(f)(5)).
(c) Provide professional development opportunities for LEA
personnel, including the LEA liaison for homeless children and youths
(LEA liaison), to assist these personnel in identifying and meeting the
needs of homeless children and youths and provide training on the
Federal definitions of terms related to homelessness. (Section
722(f)(6)).
(d) Respond to inquiries from parents and guardians of homeless
children and youths, as well as unaccompanied homeless youths, to
ensure that they receive the protections and services required by the
McKinney-Vento Act. (Section 722(f)(7)).
(e) In conjunction with LEA liaisons, inform parents and guardians
of homeless children and youths, as well as unaccompanied homeless
youths, of the duties of LEA liaisons and publish an annually updated
list of LEA liaisons on the SEA's Web site. (Section 722(g)(6)(B)).
(3) Duties of LEA Liaisons
The statute now requires LEA liaisons for homeless children and
youths to:
(a) Ensure that school personnel providing services under the
McKinney-Vento Act receive professional development and other support.
(Section 722(g)(6)(A)(ix)).
(b) Ensure that unaccompanied homeless youths (i) are enrolled in
school, (ii) have opportunities to meet the same challenging State
academic standards as other children and youths, and (iii) are informed
of their status as independent students under the Higher Education Act
of 1965 and that they may obtain assistance from the LEA liaison to
receive verification of such status for purposes of the Free
Application for Federal Student Aid. (Section 722(g)(6)(A)(x)).
(c) Ensure that public notice of the educational rights of the
homeless children and youths is disseminated in locations frequented by
parents or guardians of such youth, and unaccompanied homeless youths,
including schools, shelters, public libraries, and soup kitchens, in a
manner and form that is understandable. (Section 722(g)(6)(A)(vi)).
In addition, LEA liaisons who receive appropriate training may now
affirm that a child or youth who is eligible for and participating in a
program provided by the LEA, or the immediate family of such a child or
youth, is eligible for homeless assistance programs administered under
Title IV of the McKinney-Vento Act. (Section 722(g)(6)(D)).
(4) School Stability
The statute has modified the requirements governing ``best
interest'' determinations to include the following:
(a) The LEA must presume that keeping a homeless child or youth in
the school of origin is in the child's or youth's best interest unless
doing so is contrary to the request of the child's or youth's parent or
guardian, or (in the case of an unaccompanied youth) the youth.
(Section 722(g)(3)(B)(i)).
(b) The LEA must consider student-centered factors related to a
child's or youth's best interest, giving priority to the request of the
child's or youth's parent or guardian, or (in the case of an
unaccompanied youth) the youth. (Section 722(g)(3)(B)(ii)).
(c) If the LEA determines that it is not in a child's or youth's
best interest to attend the school of origin, or the school requested
by the parent, guardian, or unaccompanied youth, it must provide a
written explanation of the reasons for its determination, in a manner
and form that is understandable. (Section 722(g)(3)(B)(iii)).
(5) Immediate Enrollment
The ESSA now requires that a school selected based on a homeless
child's or youth's best interest must immediately enroll such child or
youth even if he or she has missed application or enrollment deadlines
during any period of homelessness. (Section 722(g)(3)(C)(i)(II)).
(6) Enrollment Disputes
The enrollment dispute procedures now encompass eligibility and the
protections in those procedures have been clarified. For example, the
Office of the State Coordinator now has an explicit duty to respond to
inquiries from the parents and guardians of homeless children and
youths, which may include eligibility disputes. (Section 722(f)(7)). In
addition, if a dispute arises over eligibility, the child or youth
shall be immediately enrolled in the school in which enrollment is
sought, pending final resolution of the dispute, including all
available appeals. (Section 722(g)(3)(E)).
(7) School of Origin
The definition of ``school of origin'' now specifically includes
preschools and, when a child or youth completes the final grade level
served by the school of origin, it also includes the designated
receiving school at the next grade level for all feeder schools.
(Section 722(g)(3)(I)).
(8) Privacy
The law now specifies that information about a homeless child's or
youth's living situation shall be treated as a student education
record, and shall not be deemed to be directory information. (Section
722(g)(3)(G)).
(9) Definition of Homeless Children and Youth
The definition no longer includes ``awaiting foster care
placement.'' The deletion of ``awaiting foster care placement'' goes
into effect on December 10, 2016, in every State except Delaware and
Nevada, where the deletion is effective on December 10, 2017. (Section
725(2)(B)(i)).
IV. Guidelines for States on Assisting LEAs With the Implementation of
EHCY Provisions Amended by the ESSA
A. State Responsibilities in Assisting LEAs
In its State plan, an SEA must assure that every LEA in the State
designates an appropriate staff person to serve as a LEA liaison.
(Section 722(g)(1)(J)(ii)). The LEA liaison will help ensure that
homeless children and youths enroll in, and have a full and equal
opportunity to succeed in, the schools of that LEA. (Section
722(g)(6)(A)(ii)).
The State Coordinator in each State must, among other things,
provide technical assistance to, and conduct monitoring of, LEAs in
coordination with LEA liaisons, to ensure that LEAs comply with EHCY
program requirements. (Section 722(f)(5)). As described more fully
above, State Coordinators also are responsible for providing
professional development opportunities for LEA liaisons and other
personnel to assist them in carrying out EHCY program requirements.
(Section 722(f)(6)). Because the protections afforded to homeless
children and youths apply regardless of whether an LEA receives a
McKinney-Vento Act subgrant, the State Coordinator must ensure that
technical assistance and professional development opportunities are
provided to all LEAs.
Through strong leadership, collaboration, and communication with
LEA liaisons, the State Coordinator can help ensure that LEAs are aware
of, understand, and can successfully implement the changes to the EHCY
program under the ESSA. Establishing clear-cut policies and procedures
at the State level, and making sure LEAs understand them, will
facilitate a
[[Page 14435]]
smooth transition to and implementation of new and revised EHCY program
requirements.
B. State Activities That Can Be Effective for Assisting LEAs in
Implementing the Provisions in the McKinney-Vento Act, as Amended by
the ESSA
States have many options for ensuring that all LEA liaisons and
LEAs receive training and information on changes to the EHCY program
resulting from enactment of the ESSA. As previously shared in past
guidance and technical assistance, we encourage SEAs to prepare and
disseminate to their LEAs and schools memoranda, guidance documents,
notices, or letters summarizing the new and existing EHCY program
requirements and to share with them guidance provided by the
Department. In doing so, we encourage States to use all available
technology, such as email notices, listservs, the SEA Web site,
Statewide hotlines, and teleconferencing. Additional State activities
that may assist LEAs in implementing the law include:
(1) Hosting Statewide Trainings and Orientations, Especially for New
LEA Liaisons
States can implement a system to ensure that every LEA liaison
receives annual professional development on the provisions in the
McKinney-Vento Act and good practices for implementation. States should
require LEAs to notify the State Coordinator whenever a new LEA liaison
is appointed so that the State Coordinator can provide or arrange small
group or individually customized orientations with resources and
support to equip new liaisons to fulfill their role effectively.
Furthermore, the State Coordinator should ensure that all LEA liaisons
receive ongoing information and professional development on challenging
areas of implementation, including determining eligibility, determining
best interest for school selection, and facilitating the dispute
resolution process. States should investigate ways to assess LEA
liaison competency and knowledge of LEA requirements and obligations
under the McKinney-Vento Act. States may want to include other
education personnel, as appropriate, in such training.
(2) Disseminating Templates, Forms, and Policies
States can provide sample forms, checklists, and other information
on effective practices and procedures that may be implemented related
to new and continuing statutory provisions under the EHCY program. SEAs
can also provide samples of local Memoranda of Agreement that LEAs may
utilize for coordination with local housing and social service
agencies.
(3) Hosting and Encouraging Meetings and Convenings
States should provide networking opportunities for LEA liaisons
through venues such as State or regional meetings, including homeless
education strands of statewide Federal education or vulnerable student
programs, as well as periodic conference calls or online meetings such
as Webinars. These opportunities can provide LEA liaisons with direct
access to and collaboration with the State Coordinator, colleagues in
other LEAs, and useful resources. These may also provide opportunities
to connect to and coordinate with contacts at other homeless-serving
agencies and local programs.
V. Guidelines for Reviewing and Revising State Policies and Procedures
Section 722(g)(1)(I) requires, in the State Plan, a demonstration
that the State educational agency and local educational agencies in the
State have developed, and shall review and revise, policies to remove
barriers to the identification of homeless children and youths, and the
enrollment and retention of homeless children and youths in schools in
the State, including barriers to enrollment and retention due to
outstanding fees or fines, or absences. The following are examples of
effective ways in which a State may review and revise State policies
and procedures that may present barriers to the identification,
enrollment, attendance, and success in school of homeless children and
youths:
(1) Convening a Statewide Advisory Committee To Review State Policies
and Procedures
An SEA may form a broad-based committee of experts and stakeholders
to review relevant State policies and procedures affecting homeless
children and youths and provide input on changes that may be needed.
Such a committee could include representatives of the State
coordinator's office; other SEA officials, including transportation
officials; representatives from other State agencies, including public
health and social services agencies; LEA officials, including LEA
liaisons; legislative staff; homeless families and youths; and advocacy
groups. The committee should review State laws, rules, regulations,
letters, memoranda, and guidance documents to ensure that the State's
policies comply with the requirements of the McKinney-Vento Act. The
committee should pay particular attention to issues concerning
transportation policies; student records and record-transfer
requirements; enrollment of unaccompanied youths, including
guardianship requirements; procedures for resolving enrollment
disputes; and barriers resulting from school-related fees or school
uniform policies.
(2) Soliciting Public Comment
A State may use a public comment process to solicit input on
policies and procedures that should be revised to remove barriers to
homeless children and youths' identification, enrollment, attendance,
and school success. This process can include public hearings and
meetings as well as the online submission of comments. This process
could include sharing and analyzing existing EHCY data and conducting a
survey of LEA liaisons and homeless youth and families. The SEA should
engage specific stakeholder groups, including homeless children and
youths and their families, to encourage them to provide comment. This
process can be reopened biennially or annually as a request for
information.
(3) Consulting With the Federal EHCY Program Office's Technical
Assistance Contractor, the National Center for Homeless Education
(NCHE), and Participating in Facilitated Peer Workgroups
The Federal EHCY program office and NCHE will work with State
coordinators to disseminate information on innovative policies and
approaches to implementation from across the country so that State
Coordinators can learn from each other to improve statewide policy and
practice. States may convene and/or join ad-hoc topical workgroups or a
regular community of practice, as well as access more general Webinars
and written advice, for crafting comprehensive State plans. NCHE will
also facilitate the peer review of State plans and create ways to
disseminate exemplary policies and practices after plans have been
approved by the Department.
(4) Ensuring Sufficient Capacity in its Office of the Coordinator
Ensuring the Office of the Coordinator has sufficient capacity is
critical to facilitating an effective review of policies and
procedures. This review is essential for (1) developing State plans,
(2) providing for the professional development of LEA liaisons, and (3)
providing for technical assistance to LEA liaisons. Beyond the
development
[[Page 14436]]
of the State plan, the Office of the Coordinator should be able to
analyze LEA data on enrollment or other demographic information for
patterns of possible under-identification of homeless children and
youths or subgroups across the State. Such under-identification may
necessitate the revision of policies and procedures.
As previously communicated by the Department in 2014 and 2015, for
FY 2016 and FY 2017, the Office of the Coordinator should have the
capacity to create annual work plans with measurable goals to improve
identification, enrollment, attendance, achievement, and graduation for
homeless students. Creating such annual work plans and setting
measureable goals are elements included in the Federal EHCY program
logic model. These elements are also part of the program leading
indicators developed in 2014, with baseline implementation beginning in
FY 2015 and further technical assistance coming from NCHE. Engagement
in these activities affords the Office of the Coordinator an
opportunity to revisit and revise, as appropriate, policies and
procedures.
VI. Future Guidance
In light of the amendments to the McKinney-Vento Act under the
ESSA, the Department is in the process of reviewing current guidance on
the EHCY program and anticipates issuing updated guidance at a future
date. General guidance, an email address to submit questions, and other
information on ESSA is available online at: www.ed.gov/ESSA.
Accessible Format: Individuals with disabilities may obtain this
notice in an accessible format (e.g., braille, large print, audiotape,
or compact disc) on request to the contact person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to this Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Portable Document Format (PDF). To use PDF you
must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Program Authority: Subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act, as amended by the Every Student Succeeds
Act (Pub. L. 114-95).
Dated: March 14, 2016.
Ann Whalen,
Senior Advisor to the Secretary Delegated the Duties of Assistant
Secretary for Elementary and Secondary Education.
[FR Doc. 2016-06073 Filed 3-16-16; 8:45 am]
BILLING CODE 4000-01-P