Tale From the Field: Determining Eligibility of a Family when there may be Domestic Violence
- NYSTEACHs.org
- Sep 30, 2024
- 6 min read
Disclaimer: With October being Domestic Violence Awareness Month, please be aware that this month’s tale from the field discusses domestic violence.
A district liaison called the NYS TEACHS helpline. They inquired on eligibility under McKinney Vento for a family in their district. The liaison shared that the parent reached out to the district to ask to change the bus pick-up location for her child. In conversation with the parent, she shared that she and her child left home and went to her mother’s house due to a dispute in the home. After further discussion, the parent shared with the liaison that there is a history of domestic violence. Mom and child are now staying at grandma's house in the spare room for a couple days or weeks. When the district liaison shared information regarding McKinney Vento benefits, the parent stated that she is not homeless, that they have fixed, regular and adequate housing. When the district liaison called the helpline she also shared that there is a history of CPS involvement and the student is often late or missing days of school. The liaison is concerned that the housing situation is not stable and that the family may need additional support. The district liaison is wondering if the student is eligible for McKinney Vento benefits and how the district can support mom and the student.
Resources
Questions to considers:
The parent and child have now moved into grandma’s spare room due to domestic violence in the home. Would this be McKinney Vento eligible?
Is a McKinney Vento designation appropriate? Can district liaison designate if the family is refusing benefits?
If the parent continues to reside with grandma, how long can the district keep the McKinney Vento designation open?
What is the connection between domestic violence and homelessness?
How can the school support families that are victims of domestic violence?
Questions and Answers:
1. The parent and child have now moved into grandma’s spare room due to domestic violence in the home. Would this be McKinney Vento eligible?
A student should be designated as homeless if he/she lacks a fixed, regular, and adequate nighttime residence. 42 U.S.C. § 11434a(2)(A). If any one of the three criteria are missing, the student is protected under the McKinney-Vento Act. This family in the scenario above has now moved into grandma’s house due to domestic violence in the home. This raises concern regarding the regularity and adequacy of the living situation. Based on the information shared by mom, there may be more details that were not shared regarding the living situation, relationship between the parents and parent and child. The family has a history of CPS involvement and the child is often absent from school. With the current facts presented, the family is eligible for McKinney Vento benefits due to lack of regularity and stability in the home.
2. Is a McKinney Vento designation appropriate? Can district liaison designate if the family is refusing benefits?
A McKinney Vento designation is appropriate for this family. With the information shared by mom, the family's housing situation may change. The history of housing instability in their home due to conflict allows for a McKinney Vento designation based on the fact that the situation may not be regular. A McKinney Vento designation will protect school selection options for the student and may also allow for other McKinney Vento benefits and resources that the school/LEA may offer.
The liaison can designate the family even if the family is refusing benefits. Families and youth in homeless situations frequently will not identify themselves as such. This may be due to the stigma and prejudices associated with homelessness or because the youth or family does not recognize that the living situation would be considered a homeless situation under the McKinney-Vento Act. Indeed, most families and youth are likely unaware of the McKinney-Vento Act. Therefore, schools must ensure that families and youth are aware of the Act, who it covers, and what it provides. 42 U.S.C. §§11432(g)(6)(A)(i), (iv). The Act requires school districts to disseminate public notice of the education rights of children and youth in homeless situations where such children and youth receive services, such as schools, family shelters, and soup kitchens. 42 U.S.C. §11432(g)(6)(A)(v). Identification and outreach techniques must be administered sensitively and without stigma, to create an environment in which families, children and youth will be comfortable seeking support. Once a school has sensitively and discretely explained the rights available under the McKinney-Vento Act, families or youth may choose not to take advantage of McKinney-Vento services, at their discretion. That is the parent’s right. Either way, you should count all children you identify as homeless in your data, regardless of signatures or services provided.
School House Connection: Q&A Eligibility.
3. If the parent continues to reside with grandma, how long can the district keep the McKinney Vento designation open?
For the family described in the scenario, it is strongly encouraged to continue to connect with mom regularly to receive updates regarding their housing situation. The parent may choose to continue to reside in the home for many reasons. Also, this parent has not directly shared that she is a victim of domestic violence. It is important to keep in mind that the situation should be approached in a sensitive matter. Not all relationships are the same and abuse can look different in every situation. It is also important to remember to not force disclosure but to provide assistance. The overall goal of McKinney Vento is to provide support to families that may be experiencing housing instability.
There is no limit on the amount of time a student can be considered homeless. A youth can be homeless for an unspecified amount of time if housing is not fixed, regular, and adequate. Given the limited availability of affordable housing across the state, it is not unusual for a temporarily housed student to be designated as homeless for more than one academic year.
4. What is the connection between domestic violence and homelessness?
The 2015 U.S. domestic violence shelter program’s annual 24-hour survey reported that over 31,500 adults and children had fled domestic violence and found refuge in a domestic violence emergency shelter or transitional housing program (National Network to End Domestic Violence, 2016). Domestic violence was named as a primary cause of homelessness in nine of the 25 cities surveyed by the U.S. Conference of Mayors in 2003. Many parents and their children become homeless when they flee a domestic abuser, some witnessing or experiencing domestic violence on a regular basis. Once a child or youth is identified as homeless by their school or local educational agency (LEA), they are eligible for services to help meet their educational and other needs.
Families that experience domestic violence may face many barriers. The McKinney Vento act serves as protection but also allows for educational stability for students and may help ease some of the effects of domestic violence and homelessness on children.
5. How can the school support families that are victims of domestic violence?
Build a support system in your school/LEA. Fully implement the McKinney-Vento Act in the school district, ensuring that survivors of domestic violence or their children who are in temporary or unstable housing can enroll in school immediately and receive all necessary and appropriate services. This includes sharing information on the McKinney Vento Act within your school district to ensure that families are identified.
Speak privately and gently to the parent experiencing domestic violence about services available to them and their children, both at school and in the community. Attempt to create a safe space. Partner with community-based health organizations to make helpful resources such as healthcare, counseling, or legal aid accessible to all students. Continuing to share with other district staff that the goal is not for families to disclose but for families to be identified and provided the right resources and support.
Make referrals as needed to appropriate supports within the school that students may need. This includes counseling within and outside of the school. Students that are experiencing trauma need additional support to aid their academic success.
MCKINNEY-VENTO 2001 – Domestic Violence, Homelessness, and Children’s Education
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