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School counselors within smaller school districts often wear many hats, especially those that support students that are commonly marginalized. As a school counselor and McKinney Vento Liaison, it is pertinent to know and understand the language as well as the legal and ethical procedures and processes that are required for removing educational barriers while improving the educational opportunities and outcomes for those students who are experiencing homelessness. Even if you are not the district liaison, as a school counselor for any campus level, you will be part of a team that supports these students. Understanding the national, state, and local policies that surround this program is imperative.

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The National Center for Homeless Education (2021) reported that 1,280,886 students were identified and served by local education agencies and districts within the United States during the 2019-2020 school year alone. These numbers have only continued to rise, and with these increases, new laws and policies are often being developed and are ongoing by various agencies and programs that support school districts. Issues that surround this population are also changing rapidly.

One issue surrounding this topic is related to identification of these students. Oftentimes, too many students go unnoticed and unidentified, therefore, it is important for all members of the school staff to be aware of the requirements related to identification and the definition of homelessness.

National Center for Homeless Education. (2021). Student Homelessness in America: School years 2017-18 to 2019-20. National Center for Homeless Education. https://nche.ed.gov/wp-content/uploads/2021/12/Student-Homelessness-in-America-2021.pdf

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Padlet Slide #3 Professional Association:

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Padlet Slide #3 Professional Association:

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The National Association for the Education of Homeless Children and Youth (NAEHCY) is a non-profit association that provides resources, trainings, technical assistance, and professional development to connect advocates, educators, parents, and service providers. Their goal is to ensure school enrollment, attendance, and overall success for those students whose lives have been disrupted by homelessness. They are dedicated to supporting their members to ensure educational equity is provided to children and youth that experience homelessness.

One of the resources found within The National Association for the Education of Homeless Children and Youth is a document that provides questions and answers regarding homeless students receiving special education services. This guidance document provides service providers, educators, parents, liaisons, students, administrators, and advocates, answers to questions based on regulations, statutes, relevant case law, guidance, and best practice from around the country.

The National Association for the Education of Homeless Children and Youth & The National Law Center on Homelessness & Poverty. (2016, September). The most frequently asked questions on the education rights of children in homeless situations: Students receiving special education and related services. https://naehcy.org/wp-content/uploads/2017/12/FAQIDEA.pdf

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The National Association for the Education of Homeless Children and Youth (NAEHCY) is a national membership association dedicated to educational equity and excellence for children and youth experiencing homelessness. NAEHCY's vision is that every child and youth experiencing homelessness is successful in school, from early childhood through higher education.

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National Association for the Education of Homeless Children and Youth

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The National Association for the Education of Homeless Children and Youth (NAEHCY) is a national membership association dedicated to educational equity and excellence for children and youth experiencing homelessness. NAEHCY's vision is that every child and youth experiencing homelessness is successful in school, from early childhood through higher education.

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Padlet Slide #4 Current News Articles: It's a Team Effort to Ensure Rural Students Who Are Homeless Get an Equal Education

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Padlet Slide #4 Current News Articles: It's a Team Effort to Ensure Rural Students Who Are Homeless Get an Equal Education

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This article describes the team effort that it takes in order to ensure homeless children and youth are supported. In addition, the article touches on the following topics:

McKinney Vento grants can help provide the school districts financial support and resources, but these services are most likely not enough. This story educates the public on what supports are provided through the school district, such as transportation and free breakfast and lunch at school.

This story mentions the rise of homeless students, especially after the Covid-19 pandemic, and how school districts are becoming more knowledgeable with identifying these students. It informs the public about the McKinney Vento law and the eligibility requirements. It also informs the public that many of these students are still going unnoticed.

This story provides examples of how districts throughout Nebraska work with outside resources and nonprofit organizations to better provide support to these students and their families.

coordination with local non-profit organizations to provide assistance with clothing and food vouchers as well as bill pay for electric and heating.

coordination to get these students and their families access to mental health services and housing.

This story also educates the community and public on how these students are being impacted by their living situation.

Peal, J. (2024, October 16). It's a team effort to ensure rural students who are homeless get an equal education. Nebraska Public Media. https://nebraskapublicmedia.org/en/news/news-articles/its-a-team-effort-to-ensure-rural-students-who-are-homeless-get-an-equal-education/

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It's a team effort to ensure rural students who are homeless get an equal education

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More than 4,800 students are considered homeless in Nebraska, and school districts can do only so much to help. Many rely on partnerships with local organizations to support student needs outside of school.

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Padlet Slide #5 Current News Article: Missed Deadline to Spend Federal Funds Means Homeless Students Will Lose Out on Services

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Padlet Slide #5 Current News Article: Missed Deadline to Spend Federal Funds Means Homeless Students Will Lose Out on Services

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This article addresses how some of the midwest states, Iowa, Nebraska, Missouri, and Kansas have left a large amount of funding to aid homeless students unspent.

Approximately 40% of the money allocated to these states remained unclaimed by the deadline. This is more than $280 million that was left unspent.

This money, which is part of the American Rescue Plan Act, was to be spent on a variety of services for homeless students. Services include things such as transportation, food, clothes and training on identification of these students.

It was reported that the school districts either did not know about these funds or had a difficult time in finding ways to use the funds.

This article educated the public on how many homeless students there are in each of these states:

approximately 3,300 homeless students in Nebraska

approximately 6,500 homeless students in Iowa

approximately 6,600 homeless students in Kansas

approximately 32,000 homeless students in Missouri

Many school districts later applied for extensions, and are in the process of reimbursement requests.

The article mentions how this money is a one time thing, and that many school districts were not sure how to use the money since this was not something that would be continuous.

The article explains the McKinney Vento law to the public.

Mansouri, K. (2024, November 21). Missed deadline to spend federal funds means homeless students will lose out on services. KCUR. https://www.kcur.org/education/2024-11-21/missed-deadline-to-spend-federal-funds-means-homeless-students-will-out-lose-out-on-services

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Missed deadline to spend federal funds means homeless students will lose out on services

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States had until the end of September to distribute federal rescue funds to school districts to help students struggling with housing get equal access to education. Barring extensions, most states will leave money on the table — including several in the Midwest.

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Padlet Slide #6, Original Sources of Law: The 14th Amendment

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Padlet Slide #6, Original Sources of Law: The 14th Amendment

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Law: The 14th Amendment

Reference List Citation for the Original Law: U.S. Const. amend. XIV.

Source of Law: Constitutional Law

URL: https://constitution.congress.gov/constitution/amendment-14/

Summary of the Law: This law guarantees that no state will deny any individual, born or naturalized in the United States, an equal protection of laws. This law indicates that all children, no matter their status, have access to public education as well as basic rights and protections.

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Padlet Slide #7, Original Source of Law: Education for Homeless Children and Youths

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Padlet Slide #7, Original Source of Law: Education for Homeless Children and Youths

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Law: Education for Homeless Children and Youths

Reference List Citation for the Original Law:

Public Health and Welfare, 42 U.S.C. §11431. et seq. (2002).

Source of Law: Statutory Law

URL:https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter119/subchapter6/partB&edition=prelim

Summary of the Law: This law states that each child, who is homeless, receive a free and appropriate public education, including a preschool education, with equal access just as any other child/children. In addition, this policy ensures that each state will revise any laws, regulations, practices, or policies that would act as a barrier to the identification of enrollment, attendance, or success in school, for a homeless child or youth. Furthermore, this policy ensures that homelessness alone cannot be a reason to separate a student from the mainstream population, and lastly, children who are homeless should be provided access to education and other services in order to ensure that these children have an equal opportunity to meet the state’s academic standards just as all other students would.

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Padlet Slide #8, Original Source of Law: McKinney-Vento Homeless Assistance Act

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Padlet Slide #8, Original Source of Law: McKinney-Vento Homeless Assistance Act

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Law: McKinney-Vento Homeless Assistance Act

Reference List Citation for the Original Law:

McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11301 et seq. (1987).  Retrieved from https://uscode.house.gov/view.xhtml?req=(title:42%20section:11301%20edition:prelim)

Source of Law: Statutory Law

URL: https://uscode.house.gov/view.xhtml?req=(title:42%20section:11301%20edition:prelim)

Summary of the Law: This law addresses homelessness and provides assistance to homeless individuals and their families. This law addresses the needs of homeless individuals and provides resources for services through a variety of things, including education.

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Padlet Slide #9 Original Sources of Law: Public Education - Admission, Transfer, and Attendance

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Padlet Slide #9 Original Sources of Law: Public Education - Admission, Transfer, and Attendance

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Law: Public Education - Admission, Transfer, and Attendance

Reference List Citation for the Original Law:

Tex. Ed Code, § 25.001; 25002 (n.d.). Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm

Source of Law: Statutory Law

URL: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm

Summary of the Law: This law provides the specific guidelines school districts must follow regarding enrollment and attendance. Students who are homeless are allowed to enroll at and attend school within their home district, even if they do not have the required documents, such as their immunization records or proof of residency. This law explains the accommodations that must be made to prevent the student from missing, thus hindering their education further.

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Padlet Slide #10 Policy or Rule -  Administrative Law: Alvord ISD

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Padlet Slide #10 Policy or Rule -  Administrative Law: Alvord ISD

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Law: Alvord ISD, Board Policy, Admissions: Homeless Students

Reference List Citation for the Original Law:

Alvord Independent School District. (2016). Board Policy. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1256&code=FDC#localTabContent

Source of Law: Local Administrative Law

URL: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1256&code=FDC#localTabContent

Summary of the Law: This policy addresses the details for procedures related to educating student who are homeless within Alvord ISD. Details noted indicate the district liaison duties and responsibilities as well as the admission procedures for students who are homeless, including the steps to take when a student enrolls. This policy states that a student will not be stigmatized or segregated due to homelessness. In addition, this policy provides the details of identifying the school of origin when a student is homeless and making the determination for the best interest of the student. This policy also provides the details of transportation as well as dispute resolution for a student who is homeless.

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In addition to several others, school counselors have an ethical responsibility to their students and an obligation to support student development. This includes that school counselors are "i. Are knowledgeable of local, state and federal laws, as well as school and district policies and procedures affecting students and families and strive to protect and inform students and families regarding their rights" (American School Counselors Association, 2022, p. 2). This ethical standard is one of many that relates to this topic. It is extremely crucial that school counselors are knowledgeable of the laws and policies surrounding McKinney Vento. Without this knowledge, students could potentially go unidentified and not served. In addition, if these students are identified, it is important that the school counselor is there to assist the family and inform them of their rights while providing resources and support.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

American School Counselors Association. (2024). The school counselor and students experiencing homelessness. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Working-with-Students-Exp

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(Adopted 2017; revised 2019)

ASCA Position

School counselors promote equal opportunity, a safe and nurturing environment and respect for all individuals regardless of citizenship status, including undocumented students and students with undocumented family members, understanding that this population faces a unique set of stressors. School counselors work to eliminate barriers that impede student development and achievement and are committed to the academic, career and social/emotional development of all students. "School counselors demonstrate their belief that all students have the ability to learn by advocating for an education system that provides optimal learning environments for all students" (ASCA, 2022, p. 1).

The Rationale

The 1982 U.S. Supreme Court ruling in Plyler v. Doe (1982) prohibits states from denying undocumented children a public K-12 education. In ruling the court stated that to deny these students an education would create a "lifetime of hardship" for the student, and it would create a "permanent underclass" (Eusebio & Mendoza, 2015).

Educators are on the front lines of implementing Deferred Action for Childhood Arrivals (DACA). Because of their unique position within a school, school counselors are able to support undocumented students by assisting these students in gathering documentation for DACA requests, advising them on the many academic, career and social/emotional opportunities made possible by DACA (Avila & Zellner, 2015).

A school counseling program is an integral component of the school's academic mission. Comprehensive school counseling programs, informed by student data and based on standards in academic, career and social/emotional development, promote and enhance the learning process for all students. The ASCA National Model ensures equitable access to a rigorous education for all students. Undocumented students and students with undocumented family members deserve the same services as all other students but face social, financial and legal barriers. These students need support to feel safe, in addition to needing assistance to find funding for any postsecondary educational goals, due to lack of Title IV federal financial aid that is not available to undocumented student in the form of grants, student loans or work-study.

Many students experience stressors due to:

separation from family

cultural differences

language barriers and interpretation for families

anxiety, fear, grief and loss regarding family members' detention and deportation

caretaker roles for family members

concerns about their futures

understanding how to navigate college access and availability to them

marginalization due to mixed cultures

PTSD due to traumatic immigration events

re-traumatization

Connecting with a school counselor will alleviate many of these stressors and fears, especially when individual counseling addresses the students' concerns. Having access to a qualified school counselor builds a support system needed at any age and will enable students to develop goals for their futures and feel safe and connected to their communities. School counselors recognize these stressors can be alleviated by intervention from a school counselor.

The School Counselor's Role

School counselors focus their skills, time and energy on direct and indirect services to all students, regardless of their citizenship, national origin, race, color, gender, sexual orientation, socioeconomic status or any other demographics. School counselors participate as members of the educational team and use the skills of leadership, advocacy and collaboration to promote systemic change as appropriate. Supporting all students with a variety of needs may include a diverse skill set, including knowledge about many legal factors affecting students.

"Undocumented youth, in particular, can experience high levels of acculturative stress from immigration-related issues such as separation from family and academic difficulties. The psychological costs of family separation, associated with the migration process and with U.S. immigration procedures such as detention and deportation, are well documented and, among children, may include symptoms of depression and anxiety" (U.S. Department of Education, 2015).

The role of the school counselor includes:

Advocating for the rights of all students, including undocumented students, by ensuring students are not barred from education based on foreign birth certificates, lack of a Social Security number or a home language other than English

Working with other district personnel so any information collected is uniformly applied to all students and not used to discriminate or bar certain students' access to education

Supporting undocumented students by helping them gain access to an equitable education that meets their needs and prepares them for postsecondary access, if necessary (e.g., referrals for ELL services, special education services and medical treatment)

Working with school and district personnel to promote awareness and to educate school counselors and school and district personnel, students, parents and the community on policy, procedures and rights of the students and their families and to eliminate discriminatory language and actions regarding these students and their families

Supporting the family with information about educational access and rights

Assisting students with seeking postsecondary goals, navigating college access and finding funding for their goals

Working with community partners and leveraging resources to provide support in keeping families intact, if possible, while supporting students who are separated from a parent due to deportation

Ensuring schools are a safe haven for undocumented students and will not divulge confidential information to any outside agencies without proper legal documentation

Providing counseling intervention and social/emotional support for students affected by immigration stressors, including assessment of possible trauma that they may have experienced

Keeping abreast of current policies and practices of postsecondary institutions regarding access for undocumented students

Advocating against the practice of separating children from their families at U.S. borders (ASCA, 2018)

Maintaining a database of community resources to support referrals in assisting families with various challenges related to issues surrounding undocumented status, including recovery associated with trauma resulting from separation

Summary

School counselors understand undocumented students face additional legal, financial and social stressors and need additional support with these barriers as well as assistance with postsecondary goals. School counselors have a responsibility to provide services to all students regardless of their citizenship status, to advocate for their access to services and to prevent discrimination against students by removing barriers impeding student development and achievement.

References

American School Counselor Association. (2022). ASCA ethical standards for school counselors. Alexandria, VA: Author. Retrieved from http://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

American School Counselor Association. (2018). ASCA issues statement condemning the separation of children and families at U.S. borders. Alexandria, VA: Author. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Press%20releases/ ASCA-statement-against-border-separation.pdf

Avila, K. & Zellner, M. (2015). Deferred action for childhood arrivals (DACA): Toolkit for educators. San Francisco, CA: Educators for Fair Consideration. Retrieved from http://e4fc.org/images/E4FC_DACAEducatorToolkit.pdf

Eusebio, C., & Mendoza, F. (2015). The case for undocumented students in higher education. San Francisco, CA: Educators for Fair Consideration. Retrieved from http://www.e4fc.org/images/E4FC_TheCase.pdf

Plyler v. Doe, 457 U.S. 202 (1982).

U.S. Department of Education. (2015). Resource guide: Supporting undocumented youth. Washington D.C.: Author. Retrieved from https://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf

Resources
Chicago Public Schools & Choose Your Future. (2016). Undocumented Students. Chicago, IL: Author. Retrieved from https://chooseyourfuture.cps.edu/high-school-college-career/undocumented-students/

Suárez-Orozco, C., Bang, H. J., & Kim, H. Y. (2011). I felt like my heart was staying behind: Psychological implications of family separations & reunifications for immigrant youth. Journal of Adolescent Research, 26(2), 222-257. doi:10.1177/0743558410376830

https://www.aft.org/our-community/immigration

https://www.nilc.org/wp-content/uploads/2015/11/immigration-reform-chart-2013-07-11.pdf

https://www.nilc.org/wp-content/uploads/2015/11/immigration-reform-chart-esp-2013-07-11.pdf

​*Note this position statement includes minor updates to reflect the revisions to the 2022 ASCA Ethical Standards for School Counselors.

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The School Counselor and Working with Students Experiencing Issues Surrounding Undocumented Status - American School Counselor Association (ASCA)

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Padlet Slide #12 Non-Law Source: Homeless Liaison Toolkit

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Padlet Slide #12 Non-Law Source: Homeless Liaison Toolkit

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This resource is a great tool that provides everything a district liaison would need to know. This source provides strategies on increasing identification as well as suggestions on collaborating with other entities and agencies. Though this source does list the various laws associated with McKinney Vento, it provides a wide array of other suggestions and strategies that a liaison would need to know in order to best meet the needs of their students.

National Center for Homeless Education. (2020, August). Homeless Liaison Toolkit. https://nche.ed.gov/wp-content/uploads/2020/09/Local-Liaison-Toolkit-2020.pdf

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Padlet Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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Padlet Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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1. If you are not your district's McKinney Vento Liaison, become knowledgeable in who that individual is. Meet with them to determine the policies and procedures that they use in the district's identification process. Ask the liaison what happens next after a student is identified.

2. Conduct your own research by reviewing your district's policies and procedures to become knowledgeable in the process used.

3. Ask your district liaison for training on how you can support the district on the identification process and for providing services.

4. Reach out to your local service center to connect with additional agencies that may be available to assist with your students.

5. Create, maintain, and update a resource packet that includes services, agencies, and non-profits from around your area that may be able to provide services to your students and their families for a low or no cost. This resource packet should include a large range of services from dental/health services, counseling, housing, bill pay supports, clothes closets, food banks, etc.

6. Talk to other counselors within your district and within your area to collaborate on outside resources and services that are available.

7. Reach out to these families. Build a trusting relationship with them, so you can guide and assist where needed.

8. Utilize the website SchoolHouse Connections for their various resources, guides, tip sheets, tools, etc.