The McKinney-Vento Act and Children and Youth ... - State of Michigan

(iii) children and youths who are living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train stations, or
similar settings; and
(iv) migratory children (as such term is defined in section 1309 of
the Elementary and Secondary Education Act of 1965) who qualify
as homeless for the purposes of this subtitle because the children are
living in circumstances described in clauses (i) through (iii).” 33
Based on this definition, the McKinney-Vento Act applies to children and
youth who are “awaiting foster care placement.” The McKinney-Vento Act
does not define the parameters of the phrase “awaiting foster care placement.”
In its Non-Regulatory Guidance, the U.S. Department of Education
(USDE) does not define the term either, addressing the issue only briefly and
suggesting that “LEA liaisons should confer and coordinate with local public
social service agency providers in determining how best to assist homeless
children and youth who are awaiting foster care placement.” 34
In the absence of a clear federal policy, states and localities have adopted
different definitions of awaiting foster care placement. This report explains
several different approaches to defining awaiting foster care placement, as
well as policies and practices to implement the definitions and support
the educational stability and success of children and youth awaiting such
placement. Specifically, the report highlights policies and practices from the
following jurisdictions:
• Connecticut
• Delaware
• Massachusetts
• Anchorage, Alaska
• Ann Arbor, Michigan
• Fairfax County, Virginia
• Minneapolis, Minnesota
• Pima County, Arizona
These states and localities were selected in an effort to present a variety of
definitions of awaiting foster care placement, vehicles for establishing the
definition, types of collaborations between education and child welfare
agencies, and practical strategies for implementing the law and supporting
the educational achievement of youth in foster care.
Child welfare agencies
also have legal
responsibilities related
to the education of
youth in their care. For
example, Title IV-E of
the Social Security Act
requires agencies to
keep education records
as part of their written
case plan, including
names and addresses
of educational providers,
grade level performance,
school records, and
assurances that the
child’s placement in
out-of-home care takes
into account proximity
to the school in which
the child is enrolled at
the time of placement.
The child’s education
record must be reviewed
and updated as part of
case plan reviews, and
the child welfare agency
must give a copy of
the record to the foster
parent or foster care
provider at the time of
each placement. When a
youth ages out of care,
the agency must provide
the youth with a copy
of his or her education
records. (42 U.S.C.
§675(1)&(5))
Continued on page 16.
Strategies for Improving Educational Outcomes through School Stability 15