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McKinney Vento: Educational Rights of Homeless Students 

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McKinney Vento: Educational Rights of Homeless Students 

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Slide #1:Professional Perspective of McKinney-Vento Padlet:

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Slide #1:Professional Perspective of McKinney-Vento Padlet:

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This presentation is to inform educational stakeholders in Hurst Euless Bedford ISD (HEB ISD) of homeless high school student's legal rights in education. Special attention to the role of the School Counselor is noted as they are in a key position to assist these students. Homelessness is a problem that is increasing and educators must respond appropriately to help this population achieve academic success.

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Slide #2 Professional Interview- Elaine Vaughn

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Slide #2 Professional Interview- Elaine Vaughn

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I conducted an interview with Elaine Vaughn, current school counselor at Buinger Career and Technical Education Academy in Hurst Euless Bedford Independent School District to learn more about her personal experience helping homeless students. Vaughn has over 20 years of experience in education, including lead counselor of HEB ISD’s alternative education school and has firsthand experience helping homeless students (Elaine Vaughn, personal communication, August 23, 2019).

Students who are homeless are coded in the education system as, "McKinney Vento," in reference to McKinney–Vento Homeless Assistance Act (1987). School Districts receive Federal funding to help schools meet the special needs of this vulnerable population. Educational continuity is paramount to these student's success. Often time, a homeless student's experience at school is the only area of stability in their life. Through providing necessary services, educational systems can help students who face homelessness to succeed academically and provide them with the opportunity to alter the trajectory of their life.

Over the course of Vaughn's career, she has encountered several memorable experiences with homeless students. The best practice and legal guidelines when a student identifies that they are homeless is to enroll them regardless of the records they are able to provide (Elaine Vaughn, personal communication, October 1, 2019). Students have thirty days from enrollment to provide vaccination records. Another best practice is if a student who is enrolled in the district becomes homeless and moves to temporary housing, like a motel or shelter, the district has to provide transportation to school if remaining in their current district is in the student's best interest (Elaine Vaughn, personal communication, October 1, 2019). Vaughn explained that while she was counseling at Keys, the district's alternate education campus, a student and their family got evicted and had to move into a shelter thirty minutes away. The district had to provide transportation to and from school for the student until they were able to move back into the district(Elaine Vaughn, personal communication, October 1, 2019). Homeless students face many challenges, maintaining consistency with their schooling encourages more successful educational outcomes.

In the 2014/2015 school year, the district was mandated to seek out homeless students. The outcome was a huge increase in the districts homeless population. As the situations were investigated it was discovered that not all of the families claiming homelessness were actually homeless(Elaine Vaughn, personal communication, October 1, 2019). One example of this Vaughn described two boys who received many benefits through a local church and the school district. The boys claimed they had nowhere to live, but it turns out the boys came from an affluent family and made the choice to not stay at home. She explained that through church advocating on behalf of the boys they had even received post-secondary scholarships (Elaine Vaughn, personal communication, October 1, 2019). Homeless students are now identified through answering questions on enrollment forms. These students are then referred to social workers to intervene.

There are many students who come to school without any paperwork or documentation. It is a challenge for school districts to help students obtain services without the necessary paperwork. It is best practice for school counselors to refer students for social services. A challenge that often arises is that without proper documentation, there are not many accessible social services (Elaine Vaughn, personal communication, October 1, 2019). For example, a family of teenage girls from Congo moved into the district several years ago. The girl's father left them here with an aunt and they enrolled in school. The oldest girl got married and the aunt made all of the girls leave. The girls were not able to get in contact with their father for any legal documents. As a result, they were not able to obtain work visas and could not get jobs. All three girls wound up living with and being supported by the oldest sister's husband. One of the girls came to Vaughn to get assistance with getting a green card. Vaughn referred the girl to a social worker, but there was not much that could be done without access to the proper paperwork (Elaine Vaughn, personal communication, October 1, 2019). Vaughn explained that sometimes you have to accept unfavorable outcomes, but try to do the best you can to help these students.

Federal guidelines are making it increasingly difficult for undocumented residents to receive services. As a result, it is likely that there will be more students with families facing homelessness. It is imperative that stakeholders understand the value that stability in the educational lives of these students provides. Furthermore, understanding homeless student's educational rights are key to assisting these families and mitigating potential liability.

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Click on this link for The American School Counseling Association's Position on Assisting Homeless Students. The ASCA recognizes that homelessness affects the whole child. The school counselor's role is to identify students who are homeless and advocate on their behalf by connecting them with appropriate community resources.

American School Counseling Association. (2018). The school counselor and children experiencing homelessness. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Homelessness.pdf

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The Silent Crisis: Student Homelessness on the 30th Anniversary of the McKinney-Vento Homeless Assistance Act

This article was published by The Institute for Children, Poverty, and Homelessness in 2017 to describe the current state of affairs of education for homeless students.

When the McKinney–Vento Homeless Assistance Act (1987) was introduced by President Raegan the population of homeless students was 500,000. In 2017, the number of homeless students increased by 160% to nearly 1.3 million (Duffield, Choen, 2017).

In spite of improvements being made and The Act being amended four times, there is still much improvement in graduation rates and mental services needed for homeless students(Duffield, Choen, 2017).

Areas that need improving are; identifying homeless students, targeted intervention strategies which include mental health(Duffield, Choen, 2017).

As homelessness continues to increase, educators can advocate for continuity in education for this sensitive population(Duffield, Choen, 2017).

Duffield, B., & Cohen, L. (2017). The silent crisis: Student homelessness on the 30th anniversary of the MCKINNEY-VENTO Homeless Assistance Act. Retrieved  from https://www.icphusa.org/reports/silent-crisis-student-homelessness-30th-anniversary-mckinney-vento-homeless-assistance-act/#the-future

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Education Week interviewed Barbara Duffield, the executive director of SchoolHouse Connection, which co-wrote a report on homelessness with three other groups, the America's Promise Alliance, Civic Enterprises, and the Institute for Children, Poverty, and Homelessness (Sparks, 2019).

The report shows that only 64% of homeless students earn high school diplomas (Sparks, 2019).

Intervention strategies have proven successful in a program in Rutherford Tennessee, where the homeless student graduation rate is at 94.5% (Sparks, 2019).

A key to the success of the program is that every high school has had a graduation coach who advocates on behalf of students through connecting them with homeless-student advocates. The assigned advocate helps coordinate student's needs with appropriate services through an ATLAS, Academic Time Leads to Achieving Students, program (Sparks, 2019).

Homeless students who build relationships with trusted adults and maintain consistency in their schooling are more likely to graduate than those who enroll in many different schools (Sparks, 2019).

Homelessness is caused by various reasons nationwide. Schools that use a trauma-based approach have proven to be successful in helping homeless students graduate(Sparks, 2019).

"The federal Every Student Succeeds Act (2015) requires states to report the test performance and graduation rates of homeless students for the first time beginning with data from the 2017-18 school year, and graduation rates for homeless students in all states are expected to be released in 2020" (Sparks, 2019 pp18) . With this mandate, homeless student identification is likely to rise. Schools that intervene and advocate for this special population have more impact on student achievement.

Sparks, S. (2019). Schools Finding Record Numbers of Homeless Students, Study Says. Education Week, 38(25), 1-9. Retrieved from https://www.edweek.org/ew/articles/2019/03/13/schools-finding-record-numbers-of-homeless-students.html

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McKinney–Vento Homeless Assistance Act (1987).
Source of Law: Federal Statutory Law
The McKinney Vento Act (1987) provides federal guidelines and financing to assist homeless students. This was amended and renamed the Every Student Succeeds Act (ESSA, 2015), which combines the McKinney Vento Act and part A of The Elementary and Secondary Education Act (1965). Homelessness is defined, and students have the right to either go to a school in which they reside while homeless or remain in the school of origin. It is based on what is best for the student.
McKinney–Vento Homeless Assistance Act, 42 U.S.C. 119 § 11301 (1987).

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The Education Act (2002).
Source of Law: Federal Statutory Law
The Education Act states that in order to received certain federal funding, Title 1 plans at the state level must ensure the identification, enrollment, attendance, and school stability of homeless children and youth (U.S.C., 2002).
Education Act, 20 U.S.C. §6311(g) (1) (F) (2002).

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L.R. v. Steelton-Highspire School District (2010).
Source of Law: Judicial
This course case reiterates the mandate for homeless student’s immediate enrollment in the school district of origin regardless of having paperwork on hand as required by McKinney Vento (1987). Students are also to receive transportation to the school district as needed.
L.R. v. Steelton-Highspire School District, 1:10-CV-00468 (M.D. Pa., 2010).

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Texas Education Code Section 25.007 (2017).
Source of Law: State Statutory Law
The Texas Education Code states that a school district shall enroll a person that is homeless, “regardless of the residence of that person or either parent of that person, or of the person's legal guardian or other person having lawful control of that person” (TEC, 2017).
Transition Assistance for Students Who Are Homeless Or In Substitute Care 2 T.E.C. §25.007 (2017).

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HEB ISD can help advocate for the homeless school population by adopting policy and informing educational stakeholders. An example of our school district's policy is, " Education Assistance to Homeless Students A parent is encouraged to inform the district if his or her child is experiencing homelessness. District staff can share resources that may be able to assist families. The McKinney-Vento Homeless Assistance Improvements Act requires schools to make certain considerations for a student who is experiencing a temporary living arrangement due to the family’s economic hardship or loss of housing. For more information, please contact your school counselor or you may call the HEB ISD Homeless Liaison directly at the number below: Federal Programs Coordinator Phone Number: 817-399-2082 " (HEB ISD Code of Conduct, 2019 p 30).  High School campuses' have homeless liaisons available and the district also has a crisis intervention team in place. If at anytime a student indicates homelessness, contact your campus counselor.
HEB ISD Code of Conduct (2019). HEB ISD. Retrieved from https://www.hebisd.edu/cms/lib/TX50000437/Centricity/Domain/137/Code%20of%20Conduct%202019-2020.pdf.

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According to the American School Counseling Association Code of Ethics Section A.6 (c). (Counselors) "Connect students with services provided through the local school district and community agencies and remain aware of state laws and local district policies related to students with special needs, including limits to confidentiality and notification to authorities as appropriate" (ASCA, 2016, p3). Furthermore, if a student is in foreseeable danger, the counselor has a legal obligation to notify the campus liaison. Law always trumps ethical principles.
American School Counseling Association (2016). Code of Ethics. Retrieved from
https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Helping Homeless Students
This article was published in response to counselors who are concerned with confidentiality and homelessness. Students who are ashamed of their homelessness may request the counselor not tell. Counselors should consider if the person they are informing has a legitimate educational interest (LEI) when deciding to share. Counselors must understand the circumstances these students reside in are often crowded and pose a foreseeable danger. Moreover, districts are required to have a homeless student coordinator, so help is readily available. This article reiterates the American School Counseling Associations protocol when handling the privacy rights of homeless students.
Stone, C. (2014). Helping Homeless Students. Retrieved from https://www.schoolcounselor.org/magazine/blogs/january-february-2014/helping-homeless-students.

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Slide #13: Best practices when working with homeless students

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Slide #13: Best practices when working with homeless students

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If a student reports that they are homeless and they are new to the school district, they are able to enroll, even if they do not have all of the necessary paperwork. Inform the homeless liaison of the situation. If the circumstance is suspicious contact the school resource officer as well.

If an enrolled student becomes homeless, contact the district homeless liaison to arrange appropriate services, including transportation if needed.

Connecting students with local charities and resources are one method counselors can implement when advocating for homeless students.

Homeless students face difficult circumstances and often require special mental and emotional care. Counselors can help foster a sense of belonging for these students by acting as an additional resource for help.

Counselors have a legal obligation to intervene and get the student help if there is a foreseeable danger.

School counselors can offer emergency packs of clothing and food available for students in immediate need.