{"id":721,"date":"2020-12-15T20:48:19","date_gmt":"2020-12-15T20:48:19","guid":{"rendered":"http:\/\/blogs.luc.edu\/edlawinstitute\/?p=721"},"modified":"2020-12-15T20:48:19","modified_gmt":"2020-12-15T20:48:19","slug":"with-the-uptick-of-students-facing-homelessness-its-time-to-revisit-the-importantce-of-the-mckinney-vento-act-by-hannah-cholewinski","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/edlawinstitute\/with-the-uptick-of-students-facing-homelessness-its-time-to-revisit-the-importantce-of-the-mckinney-vento-act-by-hannah-cholewinski\/","title":{"rendered":"With the Uptick of  Students Facing Homelessness, It\u2019s Time to Revisit the Importance of the McKinney-Vento Act, by Hannah Cholewinski"},"content":{"rendered":"<p>With the uptick of furloughs and layoffs over the last six months of the COVID-19 pandemic, more and more students face the possibility of insatiable housing situations and possible homelessness.\u00a0 Even prior to the pandemic, Chicago Public Schools (CPS) reported <a href=\"https:\/\/www.chicagohomeless.org\/faq-studies\/\">serving a total of 16,451 homeless students<\/a> during the 2018-2019 school year.\u00a0 Although CPS has not released data for the COVID-era, many national organizations expect homelessness to spike through the pandemic, leaving children in <a href=\"https:\/\/www.schoolhouseconnection.org\/covid19-and-homelessness\/\">fluctuating circumstances,<\/a> wrought with stress and housing instability.<\/p>\n<p>Because of these changes, a question many are asking is how to appropriately serve children who are experiencing homelessness; in a wider sense the question is: <em>what, exactly, constitutes homelessness<\/em>?\u00a0 The answer lies in the McKinney-Vento Act.\u00a0 The McKinney-Vento Act (\u201cMVA\u201d) was most recently <a href=\"https:\/\/nche.ed.gov\/mckinney-vento\/\">reauthorized <\/a>in December of 2015 under Title IX, Part A of the Every Student Succeeds Act (ESSA) as a means of addressing child and youth homelessness in schools.\u00a0 MVA requires that schools identify, reach out, and <span style=\"font-size: 16px;background-color: #ffffff\">support students experiencing homelessness.\u00a0 However, there may be more children experiencing homelessness that are covered by this act than one may think, including students displaced due to domestic violence, substandard living conditions, and students with hospitalized parents.\u00a0 (A full list of situations which constitute homelessness under MVA can be found <\/span><a style=\"font-size: 16px;background-color: #ffffff\" href=\"https:\/\/nche.ed.gov\/wp-content\/uploads\/2020\/05\/NCHE-Eligibility-Flowchart.pdf\">here<\/a><span style=\"font-size: 16px;background-color: #ffffff\">.)<\/span><\/p>\n<div id=\"attachment_722\" style=\"width: 310px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-722\" class=\"size-medium wp-image-722\" src=\"http:\/\/blogs.luc.edu\/edlawinstitute\/files\/2020\/12\/ev-IWJH-l-vb4k-unsplash-300x197.jpg\" alt=\"\" width=\"300\" height=\"197\" srcset=\"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-content\/uploads\/2020\/12\/ev-IWJH-l-vb4k-unsplash-300x197.jpg 300w, https:\/\/blogs.luc.edu\/edlawinstitute\/wp-content\/uploads\/2020\/12\/ev-IWJH-l-vb4k-unsplash-1024x673.jpg 1024w, https:\/\/blogs.luc.edu\/edlawinstitute\/wp-content\/uploads\/2020\/12\/ev-IWJH-l-vb4k-unsplash-768x505.jpg 768w, https:\/\/blogs.luc.edu\/edlawinstitute\/wp-content\/uploads\/2020\/12\/ev-IWJH-l-vb4k-unsplash-1536x1010.jpg 1536w, https:\/\/blogs.luc.edu\/edlawinstitute\/wp-content\/uploads\/2020\/12\/ev-IWJH-l-vb4k-unsplash-2048x1346.jpg 2048w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><p id=\"caption-attachment-722\" class=\"wp-caption-text\">Photo by <a href=\"https:\/\/unsplash.com\/@evstyle?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText\">Ev<\/a> on <a href=\"https:\/\/unsplash.com\/s\/photos\/homeless?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText\">Unsplash <\/a><\/p><\/div>\n<p>Data from CPS indicates that <a href=\"https:\/\/www.chicagohomeless.org\/faq-studies\/\">88.5%<\/a> of its homeless students live in \u201cdoubled-up\u201d environments with other families, which usually results in over-crowded and\/or dangerous living conditions.\u00a0 Around 11% of these families live in shelters, <a href=\"https:\/\/www.chicagohomeless.org\/faq-studies\/\">1%<\/a> lived in motels, and the remaining <a href=\"https:\/\/www.chicagohomeless.org\/faq-studies\/\">0.3%<\/a> reported living in a car or other public space.<\/p>\n<p><strong>What Benefits are Provided Under MVA?<\/strong><\/p>\n<p>Should a child you work with qualify for MVA supports under one of the above categories, they are entitled to immediate assistance from their <a href=\"https:\/\/www.cde.state.co.us\/dropoutprevention\/covid-faq-mckinney-vento#:~:text=A%3A%20Yes.,homelessness%20and%2For%20housing%20crises.\"><em>school of origin<\/em><\/a>.\u00a0 The school of origin is the school where the child started the school year. In the COVID-era, this includes distance learning programs, meaning that the school of origin for children experiencing homelessness during COVID-19 will be the distance learning program the child was enrolled in <em>at the start of the year<\/em>.\u00a0 Under MVA, schools must continue enrollment for a child protected by the Act even if the child moves out of the district due to housing instability.\u00a0 The MVA also requires that students be enrolled immediately, regardless of whether they have all the required verification documentation.\u00a0 This is important as it keeps children in a stable school environment and allows for continuous education in spite of outside stressors.<\/p>\n<p>MVA qualified students also have <a href=\"https:\/\/www.cde.state.co.us\/dropoutprevention\/covid-faq-mckinney-vento#:~:text=A%3A%20Yes.,homelessness%20and%2For%20housing%20crises.\">unique protections<\/a> relevant to the troubles faced by many students in the current COVID-19 crisis.\u00a0 Students who qualify are ensured assistance with WiFi access for educational purposes, delivery of educational materials resources such as pens, paper, pencils, etc., access to nutritional services, access to the school district\u2019s homeless education liaison for continued assistance and support, and equitable access to a free and appropriate public education (<a href=\"https:\/\/www.wrightslaw.com\/info\/fape.index.htm\">FAPE<\/a>) at their school of origin until the end of the year.\u00a0 The access to a free and appropriate public education is of particular importance, as this is a protected right generally only reserved for students receiving special education services. FAPE guarantees the child a measure of appropriate education, with legal resources available in situations where an appropriate public education is not delivered.<\/p>\n<p><strong>Does MVA Provide Funding Assistance for Schools?<\/strong><\/p>\n<p>In addition to the protections listed above, MVA-qualified students receive entitlements under <a href=\"https:\/\/www.isbe.net\/Pages\/ESSA-Funding.aspx\">Title I funding<\/a>, granting financial assistance for the following: student fees, extended learning time for children in non-traditional housing situations such as shelters and over-crowded living quarters, tutoring services, and access to adequate technology for distance learning purposes.\u00a0 This is especially important for children experiencing homelessness as a result of COVID-19 because it ensures equitable access to learning supports, including the possibility of obtaining additional tutoring hours, specific instruction to overcome the difficulties of living in a shelter or overcrowded housing, and access to appropriate technology for remote classes.<\/p>\n<p>The great question in all of this is how schools already struggling with funding from thinly stretched budgets can provide even more assistance to children.\u00a0 On April 6, 2020, the US Department of Education announced <a href=\"https:\/\/docs.google.com\/document\/d\/1TlteU6XatUxuX-kUlhk2BLDystQ3IlwrvBrj-qkgmS0\/edit\">a number of funding initiatives and relief plans<\/a> for schools.\u00a0 Two of these waivers are of particular importance for children covered under MVA:<\/p>\n<ul>\n<li>First, states may now request to carry over funding from their 2019 Title I, Part A funds into 2020, which can be used after September 30, 2020 for additional supports.<\/li>\n<li>Additionally, the Department of Education allowed an extension of 2018 Title I, Part A <em>and <\/em>MVA funds until September 30, 2021.<\/li>\n<\/ul>\n<p>These waiver requests promise an answer within one business day, allowing for quick access to extremely necessary funds.\u00a0 Further, the CARES Act distributed $13 billion to schools via the Elementary and Secondary School Emergency Relief Fund, which provides flexibility for funding <em>all <\/em>students, including those covered by the MVA.\u00a0 Finally, it is important to remember that MVA funding is meant for <em>supplementing<\/em> Title I and additional federal funding.\u00a0 Schools can dip into the MVA funding, but should look to federal waivers, Title I, and CARES Act funding to provide equitable opportunities to homeless students first.<\/p>\n<p><strong>How Can Schools Help MVA-Qualified Students?<\/strong><\/p>\n<p>Finally, the question comes: \u201cbut what more can we do?\u201d\u00a0 Schools need to work even more closely with their community homeless liaisons to be aware of and up to date on the changing situations of their students.\u00a0 School administrators should be more fully aware of MVA funding and implementation methods and be willing to disseminate extremely important changes, updates, and training on MVA to their teachers and staff.\u00a0 In COVID, administrators should also be looking towards how to cover students with changing housing situations under MVA as quickly as possible and working with community and legislative resources to provide a safe space daily to students in difficult homing situations.\u00a0 Raising awareness of and training on MVA are key components of ensuring that the students in the direst of housing situations are allowed back into the safety and stability of a school building as quickly as possible.<\/p>\n<p><em>Hannah Cholewinski is a law student at Loyola University Chicago School of Law and wrote this blog post as part of the Education Law Practicum.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>With the uptick of furloughs and layoffs over the last six months of the COVID-19 pandemic, more and more students face the possibility of insatiable housing situations and possible homelessness.\u00a0 Even prior to the pandemic, Chicago Public Schools (CPS) reported &hellip; <a href=\"https:\/\/blogs.luc.edu\/edlawinstitute\/with-the-uptick-of-students-facing-homelessness-its-time-to-revisit-the-importantce-of-the-mckinney-vento-act-by-hannah-cholewinski\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[37,52,60,63,73],"class_list":["post-721","post","type-post","status-publish","format-standard","hentry","category-educational-equity","tag-covid","tag-homeless-students","tag-mckinney-vento","tag-mva","tag-remote-learning"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts\/721","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/comments?post=721"}],"version-history":[{"count":0,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts\/721\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/media?parent=721"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/categories?post=721"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/tags?post=721"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}