Legal Guide on the Rights of Homeless Students by TAKIA DILL https://padlet.com/tdill11/awrgau56bcv5 Made with the help of a typing monkey en-us 2019-07-22 04:35:26 UTC 2019-07-26 03:07:38 UTC hello@padlet.com Slide #1- Professional Perspective/Audience/Topic tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371854703 This legal guide is on the rights of homeless students in schools.  "During the 2014-2015 school year, U.S. public schools enrolled 95,032 unaccompanied students experiencing homelessness, up 21% from 78,654 during the 2012-2013 school year" (National Center for Homeless Education [NCHE], 2016, p. 17).
This guide is for the educational staff at the middle and high school levels.  I am writing this guide as a school counselor and will review it with school personnel during professional development. I chose this topic because homelessness is a huge problem in my community. Homelessness is connected with other issues which effect the school environment, such as hunger, bullying, self-harm, and foster care. All of these things are issues I will encounter as a school counselor.

National Center for Homeless Education. (2017). Supporting the education of unaccompanied students experiencing homelessness. Retrieved from https://nche.ed.gov/wp-content/uploads/2018/10/youth.pdf]]> 2019-07-22 04:44:08 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371854703 Slide #2- Interview tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371856533 I interviewed Ms. Renata Adams a retired (2019) counselor from Rancier Middle School in Killeen, TX.  Killeen is a small diverse city connected to Fort Hood Army Base, which causes frequent moves for our students.  Ms. Adams has vast experience dealing with homeless students in our school district.  According to recent data, “Killeen school district counted 919 homeless students, including 148 unaccompanied students” (Gibbs, 2017).  Ms. Adams recalls the 2018-2019 school year as a low year for homeless students at her school. This year she had 30 homeless students as opposed to 70 the year before. 
HOW DO THESE LARGE NUMBERS IMPACT EDUCATION?
Homelessness impacts education in a variety of ways.  Homeless students are frequently absent, they have a difficult time focusing because they are worried about other important issues, and they don’t have a safe/silent place to do schoolwork if the need arises. The main way homelessness impacts education is that the students have "huge gaps in their education, their knowledge is missing".  Ms. Adams makes sure her homeless students have access to tutoring to help close those gaps. (R. Adams, personal communication 7/15/19)
WHAT ARE SOME  OF YOUR BEST PRACTICES FOR HOMELESS STUDENTS?
*Make the time to meet with them every couple of days -TALK
*Provide needs that HARP doesn’t cover - collect sample toiletries from hotel stays
*Get to know the staff, send out emails to ask the teachers for items the students need
*Get to know the student- poll them as to how many times they really moved!
* Do a life board so that they can track the places they’ve been and the things they’ve learned. 
*Keep snacks; feed them no matter what the rules say
(R. Adams, personal communication 7/15/19).
WHAT ARE SOME EMERGING ISSUES DEALING WITH HOMELESS STUDENTS?
There is (SB 424) that was proposed recently concerning school suspensions of homeless students.  Basically, they are proposing that a student’s homeless status be taken into consideration before they are given an Out Of School
Suspension (OSS).
WHY IS THIS BILL IMPORTANT, AND HOW IS IT DETRIMENTAL
TO HOMELESS STUDENTS?
First, school may be the only place they get a meal on a consistent basis, secondly if their parent is working and they live in a shelter, they won’t have supervision.  The Bill proposes that schools use In School Suspension (ISS) or other punishments, in lieu of OSS
(R. Adams, personal communication 7/15/19)        

GIBBS, J. (2017, April 15). Slight decrease in Bell County homeless population. Retrieved from http://kdhnews.com/news/local/slight-decrease-in-bell-county-homeless-population/article_c19b2a7c-2228-11e7-a3ec-63190f73c7f3.html

Relating to determining appropriate disciplinary action to be taken against a public school student who is in foster care or who is homeless, S.B. 424, 86th legislature. (2019).

Texas Legislature Online. (2018). 86(R) SB 424 - Introduced version - Fiscal Note. Retrieved from https://capitol.texas.gov/billlookup/text.aspx?LegSess=85R&Bill=SB242
]]> 2019-07-22 05:01:23 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371856533 #3-Professional Association: US Department of Education tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371865408 In this letter explains the importance of adhering to the McKinney-Vento Act, due to the homeless population increasing from the 2006-2007 school year to the 2013-2014. It also explains specific provisions from the  McKinney-Vento Act, that ESSA amended which takes effect on October 1, 2016 (U.S. Department of Education, 2017). 

U.S. Department of Education. (2017, March 2). Archived: Letter on Educational Rights of Homeless Children and Youths under the McKinney-Vento Act. Retrieved from https://www2.ed.gov/policy/elsec/guid/secletter/160726.html]]> 2019-07-22 06:55:37 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371865408 #4 Current News Article tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371872576 There is a huge problem with college students that are also homeless and hungry.  Many college students in community college and even some four year universities are unstable where food and housing is concerned.  The definition of homeless for college students may include,  "students living in a shelter, as well as anyone "couch surfing" — staying with friends — or roaming across campus at night, catching short windows of sleep as they move from one empty building to another" (National Public Radio, 2018). It is difficult for students to focus on their educational needs when they don't have anywhere to live. The article further states, "homeless college students devote as much time to the classroom and to studying as do college students who are not homeless. However, they also work more, they commute more, spend more time taking care of other people and they sleep less" (National Public Radio, 2018).

National Public Radio. (2018, April 3). Hunger And Homelessness Are Widespread Among College Students, Study Finds. Retrieved from https://www.npr.org/sections/thetwo-way/2018/04/03/599197919/
hunger-and-homelessness-are-widespread-among-college-students-study-finds
]]> 2019-07-22 08:23:46 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371872576 Slide #6 - Constitutional Law tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371939690 The Mckinney-Vento Homeless Assistance Act ensures that state education agencies
"ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths,"(U.S. Code.gov). The Mckinney-Vento Homeless Assistance Act allows students to attend their school of origin, and get transportation, if need be.  In December of 2015, McKinney-Vento was reauthorized under the Every Student Succeeds Act (ESSA).   

McKinney-Vento Homeless Assistance Act, 42 USC § 11431; 42 U.S.C. § 11432A

US Code. (2015). [USC02] 42 USC CHAPTER 119, SUBCHAPTER VI, Part B: 

Education for Homeless Children and Youths. Retrieved from https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter119/subchapter6/partB&edition=prelim
]]> 2019-07-22 21:41:26 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371939690 Slide #7- State Law tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371945026 According to the Texas Constitution, "all free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.There are laws in place to ensure that basic human rights are followed. Another way to interpret this law in relation to homeless students in Texas is stated that, each person must be be treated fair and equal (Tex. Const. Art. I § 3)

Tex. Const. Art. I § 3]]> 2019-07-22 22:44:31 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371945026 Slide #5 - Current News Article tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371961208 There is a record high of homeless students this year.  In New York.  Homeless students have many obstacles to overcome. The article states that "nationwide, only 64 percent of homeless students earn a high school diploma, and there is a wide variation from state to state in what percentage of homeless students complete a high school diploma"(Sparks, 2019).  There are things in place in schools to help offset the huge burden placed on these students. At one school, their "Academic Time Leads to Achieving Students (ATLAS), program provides two homeless-student advocates who work with liaisons at each school" (Sparks, 2019). The advocate helps identify and meet student needs, whether they are academic or personal. 

Sparks, S. (2019, March 12). Schools Finding Record Numbers of Homeless Students, Study Says. Retrieved from https://www.edweek.org/ew/articles/2019/03/13/schools-finding-record-numbers-of-homeless-students.html]]> 2019-07-23 01:17:56 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371961208 Slide #8 - Federal Law tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371962787 The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) that allows parents to have access to their children’s education records, have school records amended, and consent to the disclosure of personally identifiable information from education records.

FERPA prohibits a school from disclosing personally identifiable information from students’ education records without the consent of a parent or eligible student (U.S. Department of Education, 2016).
There are exceptions to FERPA concerning homeless students. The officials at the school can release the information to a school where the student intends to enroll,  so long as the disclosure is for purposes related to the student’s enrollment or transfer [34 C.F.R. § 99.31(a)(2)].  "As such, despite the absence of a parent or guardian, schools in which unaccompanied youth enroll may be granted, without prior written consent, access to their education records for enrollment purposes" (National Center for Homeless Education, 2017).

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g

National Center for Homeless Education. (2017). Supporting the education of unaccompanied students experiencing homelessness. Retrieved from https://nche.ed.gov/wp-content/uploads/2018/10/youth.pdf
]]> 2019-07-23 01:27:26 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371962787 Slide #10 - Local Administrative Law/Policy/Rule tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371978115 Killeen Independent School District (KiSD), follows the McKinney-Vento Homeless Assistance Act and enrolls students without all the required paperwork such as birth certificate, immunization records, or proof of residence. They also provide 

The official name of the KISD program for the homeless is H.A.R.P. which stands for, Homeless Awareness Response Program. Other services that KISD provides are: Referrals to community agencies such as local shelters, transitional living programs, street outreach teams (CTYS), and service providers for unaccompanied youth. Tutoring at schools and shelters and assistance in applying for financial aid for college. Referral and assistance in applying for Food Stamps, SSI, and TANF (temporary assistance for needy families). Visit www.yourtexasbenefits.com (Killeen ISD, 2018).

Killeen Independent School District. (2018). Homeless Program. Retrieved from https://www.killeenisd.org/homeless_program
]]> 2019-07-23 03:09:45 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371978115 Slide #11- Ethical Principle tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371979354 Homeless students are often self conscious and worried about other students knowing their living arrangements.  The school counselors, " have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals" (ASCA, A.1.a, 2016). In addition, while there are cases of bullying on campus based on,  "ethnicity, racial identity, age, economic status, abilities/disabilities, language, immigration status, sexual orientation, gender, gender identity expression, family type, religious/spiritual identity, appearance and living situations (e.g., foster care, homelessness, incarceration)." The homeless students should be sheltered from these things as much as possible. (ASCA, B.2.i, 2016).  

2016 ASCA Ethical Standards for School Counselors. (n.d.). Retrieved from http://asca.dev.networkats.com/school-counselors/professional-development/webinar-series/webinar-learn-more-pages/2016-asca-ethical-standards-for-school-counselors]]> 2019-07-23 03:19:22 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371979354 Slide #9- State Law tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371979357 The Texas Education Code (TEC) §25.001(b)(5) 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” ("Texas School Selection Guidance," 2015). This means that people can register in any school in Texas, if they happen to live in that area.  Homeless students don't fall under the same restrictions because they often don't have any records, but they can still be enrolled.  

Texas School Selection Guidance. (2015, March 17). Retrieved from https://www.theotx.org/resource
/texas-school-selection-
guidance/texasschoolselectionguidance/]]> 2019-07-23 03:19:22 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371979357 Slide #12- Non-Law Source tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371988733 This resource gives general information and some statistics about homeless students. Unlike the laws and policies previously stated, this resource discusses stress, lack of emotional support, in addition to lack of hygiene homeless students face on a daily bases.  This resource also discusses one of the most useful practices for teachers and counselors homeless students. "Before addressing academic concerns, teachers should ensure that any homeless student has stable access to things like food, clothes, hygiene products, transportation, shelter, and medical care" (Writers, 2019). If we can ensure they have these basic things, they will have a better chance at being successful. 

Writers, S. (2019, July 22). Resources & Advocacy for Students Experiencing Homelessness. Retrieved from https://www.accreditedschoolsonline.org/resources/education-for-homeless-students/]]> 2019-07-23 04:30:35 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371988733 Slide #13 Best Practices for Compliance tdill11 https://padlet.com/tdill11/awrgau56bcv5/wish/371999092 Advocating for homeless students is a huge task for counselors, due to the fact that many of them are experiencing multiple issues.  However, there are some very important practices counselors, teachers and staff can adopt to give these students proper support for future success.  WE CAN:
*Abide by all federal and state and school guidelines and concerning the homeless students (equal access, attendance, registration, school choice, transportation etc.)
*Advocate for your students
*Build a relationship with the homeless students, and their parents.
*Utilize all resources at the school and in the surrounding community. (donations, mentoring, internships)
*Provide items that Homeless Awareness and Response Program (H.A.R.P.) doesn't provide like bus tokens.
*Train staff to look for signs of homelessness such as dirty clothing, sleeping all the time, and extreme hunger.
*Provide snacks as requested.
*Provide extra tutoring time
*Meet your student where they are, when they are ready to talk, they will.]]> 2019-07-23 06:27:52 UTC https://padlet.com/tdill11/awrgau56bcv5/wish/371999092