Tales from the Field: Supporting Recently Arrived Youth
- NYSTEACHs.org
- Nov 30, 2023
- 2 min read
The Tale:
Recently, a woman called the helpline and identified herself as the aunt of a young man who recently arrived from South America. Her nephew is 16 years old and is currently residing with her and her family. She has no legal custody of him and has shared that she currently does not have plans to pursue legal custody. Currently, her concern is that her nephew has been waiting for an ENL (English As a New Language) program placement. She did not have issues with enrollment initially, however, her nephew has been placed in general classes with monolingual students. She has noticed that he is struggling academically and is struggling to learn the language without the proper program in place. Additionally, she believes that her nephew was not properly assessed during his intake for an accurate program planning placement. She has tried to connect with the school, however, has received pushback from the school, stating that without an official transcript, they are limited in information and proper placement. She also shared that the school has reached out regarding immunizations. She is wondering how long students have to obtain immunizations before they are allowed to return to school.
Questions to consider:
1. Is this student McKinney Vento eligible?
2. How many days does the family have to obtain immunizations?
3. How long does a school district have to provide a final program placement for Bilingual Education?
4. How can liaisons and school districts work with UHY and families of recently arrived students to ensure that proper program planning takes place without official transcripts from previous education institutions?
Resources:
Is this student McKinney Vento eligible?
The student described above is McKinney Vento eligible. In this scenario, the student is an unaccompanied homeless youth. Unaccompanied youth are defined as youth who are not in the physical custody of their parents or legal guardian and are living in a temporary housing arrangement (See 42 U.S.C. §11434a[6]; Education Law §3209[1][a][1][v]; and 8 NYCRR §100.2[x][1][iii][6]). This definition refers to all unaccompanied children and youth in temporary housing between the ages of 5 and 21, regardless of citizenship or immigration status, who are residing in New York State.
The law's definition of homeless children and youths, which includes youth who are living with family members in ‘doubled-up’ housing (e.g., sharing the housing of other persons due to economic hardship or a similar reason) may describe many unaccompanied youth who reside in sponsor households. McKinney-Vento eligibility determinations must take into account the unique circumstances of each child. (Provision of Educational Services for Recently Arrived Unaccompanied).
In this scenario, the student is residing with family. However, the current housing situation may be fixed and adequate but based on the information shared is not currently regular. There is no legal custody paperwork in place or intent to pursue permanent legal custody of the student. The family is allowing the student to reside with them upon his arrival from South America, the regularity of the housing situation is uncertain and therefore the student is protected under the McKinney Vento Act as an unaccompanied homeless youth.
2. How many days does the family have to obtain immunizations?
Pursuant to Public Health Law (PHL) §2164, public and private school officials may not admit unvaccinated children to school in excess of 14 days unless:
(1) the student is transferring from out-of-state or from another country and can show a good faith effort to get the necessary certification or other evidence of immunizations, in which case the 14 days may be extended to not more than 30 days; or
(2) the student has been legally exempted for medical reasons or because the child’s parents hold genuine and sincere religious beliefs which are contrary to vaccination practices (PHL § 2164[7][a], [8], [9]; Education Law § 914[1]; 10 NYCRR § 66-1.3).
Students in temporary housing are not exempt from the immunization requirements. However, as described above, in cases where the student in temporary housing needs immunizations or immunization or medical records, the enrolling school district must act immediately to assist in obtaining the necessary immunizations or immunization or medical records. (Addendum to Joint Guidance on State Requirements for Vaccinations)
3. How long does a school district have to provide a final program placement for Bilingual Education?
If a newly enrolled student is identified as an ELL pursuant to the above procedure, the student is to be provided a final program placement in a Bilingual Education (BE) or English As a New Language (ENL) program within ten (10) school days. (Provision of Educational Services for Recently Arrived Unaccompanied)
To ensure that unaccompanied youth are provided with the required supports and services, LEAs must, at minimum:
Ensure that the youth are enrolled in school without delay and provided with any additional special education or language acquisition supports necessary.
Conduct the ELL identification process for the unaccompanied youth within 10 school days of enrollment. Commissioner’s Regulations §154-2.3(a) describe the following identification process:
First, a Home Language Questionnaire (HLQ) is administered by qualified personnel.
If the HLQ reflects that a language other than English is spoken at home, qualified personnel must conduct an individual interview in English and the student’s home language, at which the student’s prior work in English and the home language is reviewed if available.
Based on information gathered at the informal interview, the qualified personnel will determine if the student will take the New York State Identification Test for English Language Learners (NYSITELL).
The student’s NYSITELL score determines if the student is an ELL (and if so, the student’s level of English language proficiency).
(Provision of Educational Services for Recently Arrived Unaccompanied)
4. How can liaisons and school districts work with UHY and families of recently arrived students to ensure that proper program planning takes place without official transcripts from previous education institutions?
Requesting records for recently arrived students may not always be easy. In most cases, it is not always possible to obtain education records for students that have arrived from outside of the U.S. Liaisons and LEAs may request the records from the school that the unaccompanied youth previously attended. This includes taking reasonable steps to promptly obtain the IEP and any other records relating to the provision of special education programs and services to the child. (Provision of Educational Services for Recently Arrived Unaccompanied). Delays in obtaining records or efforts to obtain them should not delay the enrollment of the student.
If connecting with the previous school is not possible, liaisons and LEAs may obtain information on past education history through conversation with the parent or student in the case of a UHY. During the intake process, liaisons, school counselors, and other school personnel may discuss with the student or parent. Sample questions for students and parents can be found here (Prompt and Proper Placement: Enrolling Students without Records). Lastly, it is important to remember that students and parents should be provided with proper translation services to best meet their needs.
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