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

Connecticut
Delaware
School district leads the
best-interest determination,
considering the wishes of
DCF, the child’s parent or
legal guardian, and the child’s
attorney.
CT McKinney-
Vento Homeless
Assistance
Act Joint
Memorandum,
2/15/05 (see,
Legal Center for
Foster Care &
Education, www.
abanet.org/child/
education)
Department of Services for
Children, Youth and Their
Families leads the initial bestinterest
determination, with
school personnel and the CASA
or Guardian ad litem. At the end
of the school year, the school
district leads a reevaluation of
best interests, with all interested
parties (district liaison,
caseworker, parent, guardian ad
litem, and child).
Draft Delaware
Memorandum of
Understanding
(see, Legal Center
for Foster Care &
Education, www.
abanet.org/child/
education)
Another promising model for determining school enrollment is team decision
making. In this model, a team of people works together to evaluate the
student’s best interests, including family members, foster parents, service
providers, other community representatives, the caseworker, the supervisor,
and educators (including the homeless liaison). The individual youth should
also participate. 49
Since interested parties may disagree about what is in a student’s best
interests, some jurisdictions have also clarified a dispute process. For
example, Massachusetts specifies that in the case of a dispute, the social
worker is afforded the rights of a parent under McKinney-Vento, and the
state has developed dispute forms and a formal process involving the state
Department of Education. Arizona’s Children’s Services Manual also affords
the caseworker the dispute rights of a parent, including an appeal to the state
Department of Education (see, Legal Center for Foster Care & Education,
www.abanet.org/child/education).
42 The McKinney-Vento Act and Children and Youth Awaiting Foster Care Placement