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

COMMON CHALLENGES IN INTERPRETING THE DEFINITION, AND RESPONSES
Schools and child welfare agencies may encounter difficulties in trying to
interpret the definition of awaiting foster care placement. State guidance, a
well-informed homeless liaison, and effective collaboration can help ease such
challenges.
A common challenge in implementing the definition of awaiting foster
care placement under the McKinney-Vento Act regards placements that are
intended to be temporary but that in fact extend over a long period of time.
A lack of foster family homes and other appropriate placements may cause
child welfare caseworkers to keep children in temporary placements for weeks
or even months longer than anticipated. Such children may be covered by
the McKinney-Vento Act upon placement but, depending on state or local
policies, that eligibility may become less clear as the placement effectively
becomes more and more long term.
There are several possible approaches to this challenge, including these:
• Massachusetts’ policy specifies that students in short-term
placements remain eligible under the McKinney-Vento Act for the
duration of their stay.
• I n Connecticut, if students remain in such programs beyond 30
days, schools are encouraged to contact the caseworker, obtain an
update on the placement and upcoming placement changes, and
reevaluate whether remaining in the school of origin is still in the
child’s best interest.
• Delaware has eliminated this challenge all together by simply
covering all children in out-of-home care under the McKinney-
Vento Act.
The McKinney-Vento Act also provides a mechanism for resolving disputes,
if they arise. For example, in Massachusetts, if a student’s “temporary”
placement remains stable over several months, and the school district believes
the youth is no longer eligible or it is no longer in the youth’s best interest to
remain in the school of origin, the district has the option to initiate a dispute
process. If the guardian appeals, the state Department of Education will
render a decision.
It is also important to note that once found eligible for McKinney-Vento
services, youth in out-of-home care will remain eligible for many services
32 The McKinney-Vento Act and Children and Youth Awaiting Foster Care Placement