Tales from the Field: How to Conduct an Investigation to Determine Whether a Student is in Temporary Housing

The Tale: 

McKinney-Vento liaisons sometimes call the TEACHS Helpline with a challenging scenario. A family/student comes into the district office and says that they are in temporary housing. An administrator—such as a principal or superintendent—or the registrar is sure that the family/student is actually in permanent housing. Someone in the family may have made false statements regarding their living situation in the past to keep their children in their current school, or there may be factual or perceived evidence that contradicts what the family/student claims. The administrator and the registrar may be frustrated by what they see as fraudulent behavior and may want to disenroll the student.  The liaison herself is unsure if she believes the family’s/student’s account of their living situation, but she knows that students are supposed to be enrolled immediately. She enrolls the student despite her reservations.

Questions:

1. A McKinney-Vento liaison designates a student McKinney-Vento eligible even though she and/or district administrators believe the student might actually be in permanent housing. What is the next step to investigate the student’s living situation?

2. If the district decides to conduct an investigation, are there guidelines for how to conduct the investigation? 

3. What if the investigation reveals that the family is in permanent housing?

Resources:

Confirming Eligibility for McKinney-Vento Rights and Services

Confirming Eligibility for McKinney-Vento Services: Do’s and Don’ts for Local Liaisons

Dispute resolutions/appeals process

LEA Requirements for Implementing McKinney-Vento Homeless Student Dispute Resolution Process 

Local Liaison Toolkit 2020

Answers

1. A McKinney-Vento liaison designates a student McKinney-Vento eligible even though she and/or district administrators believe the student might actually be in permanent housing. What is the next step to investigate the student’s living situation?

It is important to remember that schools must enroll (or maintain enrollment of) students seeking McKinney-Vento eligibility immediately, even if they are unable to provide paperwork normally required for enrollment, including proof of residency [42 U.S.C. § 11432(g)(3)(C)(i)(I)]. It is only after enrollment and the provision of transportation, if needed, that a district can make the decision to conduct an investigation to determine whether the housing situation is temporary or permanent. The NCHE brief, Confirming Eligibility for McKinney-Vento Rights and Services has helpful information to assist in making an eligibility determination.

2.      If the district decides to conduct an investigation, are there guidelines for how to conduct the investigation? 

Yes, the National Center for Homeless Education has shared the following list of practices to avoid When Seeking to Confirm Eligibility. Confirming Eligibility for McKinney-Vento Services: Do’s and Don’ts for Local Liaisons

Efforts to confirm information about a child’s or youth’s living arrangement should be reasonable, respectful, effective, discreet, and in compliance with privacy guidelines. 

• Do not contact people or agencies outside the school system to seek information about a family’s or youth’s situation. Information about a homeless student’s living arrangement is considered part of the student’s education record and, as such, is covered by the privacy protections included in the Family Educational Rights and Privacy Act (FERPA). [42 U.S.C. § 11432(g)(3)(G)]. 

• Do not conduct invasive surveillance of families or youth, including following them, observing them from outside their residences, or talking to neighbors about their living situation. If needed, trained staff members may conduct home visits. 

• Do not use police officers to conduct home visits.  

• Do not insist that families or youth provide documents like eviction notices, utility bills, occupancy permits, or notarized letters from the party whose housing they are sharing. While some families may be willing and able to provide this paperwork, others may be unable to do so. Still, others may hesitate to document that they’re living in someone else’s housing for fear of causing problems for the host party due to the violation of a lease, occupancy limits, or public housing guidelines. 

In sum, a school district’s attempts to verify a student’s eligibility for McKinney-Vento services must be conducted reasonably and discreetly. 

NCHE emphasizes that all such efforts must be grounded in sensitivity and respect, keeping the academic well-being and best interest of the child or youth in the forefront. Invasive or threatening techniques to confirm eligibility or explore the situation of a family or youth violate the McKinney-Vento Act, may violate FERPA, humiliate families and youth, and may put temporary housing arrangements in jeopardy.

3.  What if the investigation reveals that the family is in permanent housing?

After the investigation is complete and if it reveals that the student is not in temporary housing, an LEA must issue a written decision to the parent, guardian or youth that includes:

·        A statement regarding the right to appeal the LEA’s decision to the Commissioner with the State Education Department; 

·        The name, post office address and telephone number of the McKinney-Vento Liaison; and,

·        The petition form used to file a 310 appeal with the Commissioner, and an explanation of the district’s decision. The NYS TEACHS website has many useful resources to help liaisons with the appeal process found at Dispute resolutions/appeals process.

The McKinney-Vento liaison assists the family throughout the appeal process. Note that the family/UHY has 30 calendar days after receiving the district’s decision letter to decide whether to file a 310 appeal. A 310 appeal process is specifically used when a district is contesting a student’s homeless status, eligibility, enrollment, or transportation. If it is a residency determination—not related to a student’s homeless status—a district would follow its usual residency determination process for communicating with families.

NYSED’s McKinney-Vento Field Memo (July 2024) LEA Requirements for Implementing McKinney-Vento Homeless Student Dispute Resolution Process provides assistance to LEAs and McKinney-Vento liaisons in navigating the appeal process and to ensure compliance with timelines for submission of the required forms.