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      <title>Legal Guide - Poverty and Education by Alicia Rowland</title>
      <link>https://padlet.com/alyr03/9xj501dmzd2i</link>
      <description>Made with good vibes</description>
      <language>en-us</language>
      <pubDate>2019-09-03 04:37:22 UTC</pubDate>
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         <title>2</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/379295320</link>
         <description><![CDATA[<div><strong>Interview<br></strong><br>For this work, the person interviewed was the LISD Homeless Education Liaison and Director of Guidance and Counseling, Monya Crow. The interview took place on September 20, 2019, in her office located at the District’s Administrative Center, 1565 W. Main Street, Lewisville, TX 75067. <br>Considering that almost a third of LISD students come from low-income families, it is important to study not only the effects of poverty on their academic performance but also the legal aspects related to data collection. The compliance side of the programs available to support these students add a new layer of duties for the education agency and the district. Beyond the mandated records repository, there is also a social and humanitarian responsibility that the school assumes as it supports the needs of students at risk. The low-income families with children registered in LISD have a diverse ethnic background and level of need, and the school and district’s personnel should be appropriately trained to understand and handle each case in an effective manner. </div><div><br></div><div>Ms. Crow expressed that the district follows the federal regulations contained in the McKinney-Vento Homeless Assistance Act of 1987. LISD complies with best practices by:</div><ul><li>Identifying students who qualify for services and reporting that information to the State.</li><li>Writing internal protocols for the counselors to follow when they identify a student who qualifies to be served under McKinney-Vento.</li><li>Making sure that all students served under the McKinney-Vento Act have the same opportunity to access academic, extracurricular and post-secondary resources as those who are not. “An example would be a student who was interested in taking an AP exam or participating in an extracurricular activity but did not have the resources to pay for it. Federal funds through the McKinney-Vento Act could be accessed to support the student and provide access” (M. Crow, personal communication, September 20, 2019). </li><li>Staying current on all new legal developments by having its Homeless Education Liaison and Director of Guidance and Counseling to attend training at the Texas Homeless Education Office (THEO), and act as a multiplier within the district.</li></ul><div>In recent years, the phenomenon of unaccompanied minor immigrants has created a new issue for the school system. The counselors have to expand their scope of services and quickly learn legal updates. This is a difficult situation that also presents an ethical problem, an economic burden on the school system, and stress on classroom teachers who have to intentionally work to develop their multicultural proficiency and empathy.<br>(M. Crow, personal communication, September 20, 2019)<br><a href="https://www.lisd.net/Domain/118">https://www.lisd.net/Domain/118</a></div>]]></description>
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         <pubDate>2019-09-03 04:38:01 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/379295320</guid>
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         <title>3</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/379295353</link>
         <description><![CDATA[<div><strong>Resource from a Professional Association<br></strong><br>National Education Association (NEA). (2019, February 25). </div><h1><em>Educating students from poverty and trauma. Backgrounder. </em>Retrieved from <a href="https://files.eric.ed.gov/fulltext/ED591937.pdf">https://files.eric.ed.gov/fulltext/ED591937.pdf</a></h1><div><br></div><div>According to the National Education Association (NEA) poverty and trauma can put young children in a fight or flight mode. Their background experiences may have a negative impact on their health, learning abilities and achievement which might also cause the children to misbehave. NEA suggests several strategies to promote these students’ growth. They include celebrating their assets, creating a safe learning environment, give them opportunities to express themselves in writing, spaces to self-regulate, and to have some control over their choices in class. NEA also recommends to teach them emotional and reading skills, vocabulary and work on their short-term memory. All of these strategies have the potential to help, however, the most important skill an educator can have when working with poor and traumatized children is to listen to their stories.</div><div><br></div>]]></description>
         <enclosure url="https://files.eric.ed.gov/fulltext/ED591937.pdf" />
         <pubDate>2019-09-03 04:38:11 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/379295353</guid>
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         <title>4</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117374</link>
         <description><![CDATA[<div><strong>News Article</strong> - <strong>Federal Courts Can't Solve Our Education Ills.</strong><br><br>Lindseth, A., Testani, R., and Peifer, L. (2017). Federal courts can't solve our education ills. <em>Education Next, 17</em>( 2), 71-77. Retrieved from <a href="https://www.educationnext.org/federal-courts-cant-solve-our-education-ills-forum-san-antonio-rodriguez/">https://www.educationnext.org/federal-courts-cant-solve-our-education-ills-forum-san-antonio-rodriguez/</a><br><br>In 1973 the U.S. Supreme Court rejected the argument that unequal funding to school districts was opposed to the XIV Amendment of the Constitution (S<em>an Antonio Independent School District v. Rodriguez, 1973)</em>. Currently, plaintiffs in Connecticut and Michigan have filed lawsuits that look for a recognition of a federal constitutional right to education. Lindseth, Testani and Peifer (2017) argue that the advocates for this motion might be well intentioned but lack a solid legal basis because:</div><ul><li>Education, even though it is an important service, is not a right protected under the U.S. Constitution.</li><li>The courts usually refuse to create new substantive rights.</li><li>The Federal Government was designed to have limited powers (U.S. Constitution Amend. X)</li><li>Federal courts are not well equipped to address issues on education usually handled by the states.</li><li>“The doctrine of <em>stare decisis</em> (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding” (Lindseth et al, 2017).</li><li>There is no correlation between the amount of money spent and the quality of education.</li></ul>]]></description>
         <enclosure url="https://www.educationnext.org/federal-courts-cant-solve-our-education-ills-forum-san-antonio-rodriguez/" />
         <pubDate>2019-09-30 01:30:49 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117374</guid>
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         <title>5</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117390</link>
         <description><![CDATA[<div><strong>News Article - The Achievement Gap Fails to Close. Half Century of Testing Shows Persistent Divide Between Haves and Have-nots.<br></strong><br>Hanushek, E., Peterson, P., Talpey, L., and Woessmann, L. (2019). The achievement gap fails to close. Half century of testing shows persistent divide between haves and have-nots. <em>Education Next, 19</em>(3), 8-17. Retrieved from <a href="https://www.educationnext.org/files/ednext_XIX_3_hanushek_et_al.pdf">https://www.educationnext.org/files/ednext_XIX_3_hanushek_et_al.pdf</a><br><br>Hanushek, Peterson, Talpey, and Woessmann (2019), analyzed 50 years of data from 1954 to 2001 with the purpose of understanding the changes in the students’ achievement gap. They found that:</div><ul><li> Contrary to the common opinion, the gap between students from high socio-economic status and those from low-income families stayed the same, even though the gap between Black and White students has narrowed over time.</li><li>Student achievement is mainly affected by the level of education of the parents and the teachers’ quality. The correlation of achievement with family income and/or compensatory programs promoted to diminish the gap is weak and decline over time. </li><li>Although there are gains in student achievement at 8th grade level, these do not continue at the end of high school.</li><li>As Stanford sociologist "Sean Reardon, says, 'rich Americans and poor Americans are living, learning, and raising children in increasingly separate and unequal worlds'”. (Hanushek et al., 2019). This persistent trend suggests the need to re-evaluate current national education policies.</li></ul><div><br></div>]]></description>
         <enclosure url="https://www.educationnext.org/files/ednext_XIX_3_hanushek_et_al.pdf" />
         <pubDate>2019-09-30 01:30:54 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117390</guid>
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         <title>6</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117399</link>
         <description><![CDATA[<div><strong>Constitutional Law<br></strong><br></div><div>U.S. Const. amend. XIV. <a href="https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf">https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf</a><br><br></div><div>The XIV Amendment of the U.S. Constitution is relevant to the issue of poverty and education because it instructs the states not to deprive any person of their property (including education) without due process and to guarantee the equal protection of the law. Based on this directive, children have access to education without regard to their legal or economic status. </div>]]></description>
         <enclosure url="https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf" />
         <pubDate>2019-09-30 01:30:57 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117399</guid>
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         <title>7</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117410</link>
         <description><![CDATA[<div><strong>Statutory Law<br></strong><br></div><div>Every Student Succeeds Act (ESEA), 20 USC §6301(e). <a href="https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter70&amp;edition=prelim">https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter70&amp;edition=prelim</a><br><br></div><div>The purpose of the Title I of Every Student Succeeds Act, 2015 is to provide all children with the opportunity of accessing high-quality education and to close the academic gap. Through this Title, local education agencies grant financial assistance to schools with large numbers of low-income students.</div>]]></description>
         <enclosure url="https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter70&amp;edition=prelim" />
         <pubDate>2019-09-30 01:31:01 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117410</guid>
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         <title>8</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117429</link>
         <description><![CDATA[<div><strong>Judicial Law<br></strong><br></div><div><em>G.S. v. Rose Media School District, </em>No. 17-2886 (3d Cir. 2018)<strong>. </strong><a href="https://cases.justia.com/federal/appellate-courts/ca3/17-2886/17-2886-2018-11-06.pdf?ts=1541527219">https://cases.justia.com/federal/appellate-courts/ca3/17-2886/17-2886-2018-11-06.pdf?ts=1541527219</a><br><br></div><div>The decision in this case determined that it is against public policy to waive a student’s future educational rights. The state and local education agencies lack authority to deny benefits and services under the McKinney-Vento Homeless Assistance Act of 1987 based on the length of time a student experiences homelessness.<strong> </strong></div>]]></description>
         <enclosure url="https://cases.justia.com/federal/appellate-courts/ca3/17-2886/17-2886-2018-11-06.pdf?ts=1541527219" />
         <pubDate>2019-09-30 01:31:05 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117429</guid>
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         <title>9</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117435</link>
         <description><![CDATA[<div><strong>Administrative Law<br></strong><br></div><div>Counseling Public School Students Regarding Higher Education, 19. Tex. Admin. Code§61.1071. <a href="http://ritter.tea.state.tx.us/rules/tac/chapter061/ch61gg.html">http://ritter.tea.state.tx.us/rules/tac/chapter061/ch61gg.html</a><br><br></div><div>Title 19 of the Texas Administrative Code in accordance with the Texas Education Code, recognizes the importance of the school counselor’s role to provide information about higher education, enable students to receive academic achievement, and access financial aid, including but not limited to grants and scholarships.</div>]]></description>
         <enclosure url="http://ritter.tea.state.tx.us/rules/tac/chapter061/ch61gg.html" />
         <pubDate>2019-09-30 01:31:09 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391117435</guid>
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         <title>10</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655761</link>
         <description><![CDATA[<div><strong>Local Policy/Rule<br></strong><br>Lewisville ISD. (2019). Student Handbook 2019-2020. Retrieved from <a href="https://www.lisd.net/cms/lib/TX01918037/Centricity/Domain/143/LISD%20Student%20Handbook.pdf">https://www.lisd.net/cms/lib/TX01918037/Centricity/Domain/143/LISD%20Student%20Handbook.pdf</a></div><div><br></div><div>LISD has included in its Student Handbook 2019-2020, p.21,  the provisions that apply to students who are homeless and/ or are protected under the McKinney-Vento Act, 1987. Some of the benefits include reducing the requirements for student enrollment, examination or promotion. </div><div><br><br></div><div><br></div>]]></description>
         <enclosure url="https://www.lisd.net/cms/lib/TX01918037/Centricity/Domain/143/LISD%20Student%20Handbook.pdf" />
         <pubDate>2019-10-01 02:11:19 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655761</guid>
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         <title>11</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655797</link>
         <description><![CDATA[<div><strong>Ethical Principle</strong><br><br>American School Counselor Association. (2016). ASCA <em>ethical standards for school counselors.</em> Retrieved from <a href="https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf">https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf</a></div><div><br></div><div>Competency A.10 of this document delineates the ethical obligations that the school counselor has towards underserved and at-risk populations. Some of the duties include creating a safe environment for learning, free from stigmas or isolation based on their housing status or any other disability, identifying community resources to support the students and their families, and collaborating with parents or guardians to ensure that the needs of the students are met.</div><div><br></div>]]></description>
         <enclosure url="https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf" />
         <pubDate>2019-10-01 02:11:29 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655797</guid>
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         <title>12</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655811</link>
         <description><![CDATA[<div><strong>Non-Law Source<br></strong><br></div><h1>Jensen, E. (2013). <em>Engaging Students with Poverty in Mind: Practical Strategies for Raising Achievement.</em> Alexandria, VA: ASCD.</h1><div><a href="http://www.ascd.org/publications/books/113001.aspx">http://www.ascd.org/publications/books/113001.aspx</a><br><br>In this book, Jensen (2013) identifies engagement as a key component for the academic achievement of low socioeconomic status students. There are seven factors that can affect engagement: health and nutrition, vocabulary, effort and energy, mindset, cognitive capacity, relationships, and stress level. Throughout the book, the author uses research studies results, experience, and other success stories to design and share strategies that positively impact each factor. The implementation of these strategies is important to motivate and engage the students, which is essential to increase their academic achievement.</div><div><br><br></div>]]></description>
         <enclosure url="http://www.ascd.org/publications/books/113001.aspx" />
         <pubDate>2019-10-01 02:11:33 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655811</guid>
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         <title>13</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655821</link>
         <description><![CDATA[<div><strong>Best Practices Recommendations<br></strong><br>Historically, there has been great interest from policymakers to study the effect of poverty on education and to write laws and regulations to minimize it. Despite the efforts, the academic gap between those who have access to a variety of opportunities and those who have not has not significantly changed. Due to the impact poverty and trauma can have on the whole child, educators should get familiarized with those concepts to be able to provide interventions that effectively reach the students. Some thoughts to remember are:</div><ol><li>Registration is an important moment to identify children that might be homeless and/or have any other special need. The school office personnel should be well trained, so they can collect relevant information concerning the new student and his family. They should look for the assistance of the counselor and/or other staff members if the case requires it. If for any reason, the registration records are inaccurate, identification may also happen as the teacher uses formative assessments and conversations with the student that reveal his background.</li><li>The first step to comply with federal, state laws, and local policies is to get to know what they require and the benefits offered to the students and their families under each body of law. Educators should get trained and stay current, get to know their students, establish connections with their families and keep all records, so the school can, in turn, share the most accurate data with the state. This is particularly important when the student qualifies for services under special programs.  </li><li>Considering that the achievement gap is not related to race or federal investment in the education system but to the parents’ level of education and the teacher’s quality, it would be interesting to use financial means to support programs geared towards adult education, professional development, and accountability.</li><li>Children must have their physical and emotional needs covered to be able to learn and work to their maximum potential. Collaborative work between classroom teachers, parents, the counselor, and community members is the best way to make sure that children are receiving what they need, so they can become productive citizens in the future. </li><li>Generational poverty cannot be broken by a legal mandate. It can only happen when the children have opportunities to expand their horizons beyond their immediate environment. Reading, developing new vocabulary, being challenged and nurtured during their daily experiences at school can help to close the achievement gap.</li><li>Although two lawsuits are currently advocating for a Constitutional reform to include education as a fundamental right, there is no indication that this movement is going to prosper. Educators then have an ethical commitment to do what is right to help all children to be successful and achieve their potential. In doing so, school faculty and staff follow the spirit of the XIV Amendment of the U.S. Constitution and Every Student Succeeds Act of 2015.</li></ol><div><br></div>]]></description>
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         <pubDate>2019-10-01 02:11:36 UTC</pubDate>
         <guid>https://padlet.com/alyr03/9xj501dmzd2i/wish/391655821</guid>
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         <title>1</title>
         <author>alyr03</author>
         <link>https://padlet.com/alyr03/9xj501dmzd2i/wish/392253193</link>
         <description><![CDATA[<div><strong>Professional Perspective<br></strong><br>The focus of this legal guide for educators is poverty and the educative system. This topic was selected because of the alarming statistics that relate low income with fewer opportunities, poor health, and underperforming academics. In the United States close to 16.2% of children live under the poverty line (United States Census Bureau, 2019), in Texas, the child poverty rate is 22.2% (Spotlight on Poverty and Opportunity, 2019), and in Lewisville Independent School District (LISD) the poverty rate reaches 32.2%. There are legislation and programs at the federal, state, and local levels that have been implemented in an effort to improve people’s living conditions and ameliorate the poverty effects. As a school counselor, supporting students at risk is paramount.</div>]]></description>
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         <pubDate>2019-10-02 04:16:14 UTC</pubDate>
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