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

WHO IS RESPONSIBLE FOR ENROLLING THE YOUTH IN SCHOOL?
Interviews for this report indicated that when the adults in a student’s life do
not know who is supposed to enroll the child in school, at least two negative
consequences can result:
• No one enrolls the child, and the child misses school.
• Someone without authority enrolls the child in an inappropriate
school.
Child welfare agencies should assign responsibility for school enrollment
clearly and ensure that schools know where that responsibility lies.
WHO DECIDES BETWEEN THE SCHOOL OF ORIGIN AND THE LOCAL SCHOOL?
Children and youth awaiting foster care placement have the right to remain
in their school of origin or enroll in the local school, depending upon their
best interests. The McKinney-Vento Act gives parents and youth the right
to participate in that best-interest decision and appeal decisions with which
they do not agree. However, in the case of youth in out-of-home care, it may
be unclear who is considered the “parent” for such purposes. This must be
clarified to help avoid confusion, disputes, and poor education decisions.
Education and child welfare agencies, as well as individual schools and
caseworkers, must be informed of who is empowered to make such decisions.
Models for choosing between the local school and the school of origin that
are in use in the jurisdictions interviewed include the following:
JURISDICTION
MODEL
FOR MORE
INFORMATION
The Massachusetts
Department of Elementary
and Secondary Education
Homeless Education
Advisory 2004−9 states that
children and youth in state
care or custody “...may be
enrolled by the social worker
or the parent/guardian.”
Delaware’s Draft MOU
establishes that the
“Department of Services
for Children, Youth and
Their Families shall...enroll
a child who is in foster
care in school immediately
(24-48 hours), once DSCYF
staff has faxed registration
materials (including IEP,
if applicable). The child
may be brought to the
school by the foster parent
to complete additional
paperwork needed by the
school (e.g., emergency
card).”
Arizona
Caseworker leads the bestinterest
determination with
the homeless liaison, including
input from the out-of-home
caregiver, the school district, and
the parent.
Children’s
Services Manual
of the Arizona
Division of
Children, Youth
and Families
(see, Legal Center
for Foster Care &
Education, www.
abanet.org/child/
education)
Strategies for Improving Educational Outcomes through School Stability 41