Rethinking Homelessness

1. Their Future Depends on it! Rethinking Homelessness Texas Homeless Education Office | http://www.utdanacenter.org/theo

2. Getting It Right: Educating Children and Youth Experiencing Homelessness 11th Annual Multidisciplinary Advocacy TrainingConference for Attorneys and Guardians Ad Litem in Child Abuse/Neglect Cases UT Pan American University | Annex October 3, 2013 | 1:00 p.m. – 1:45 p.m.

3. Welcome Tim Stahlke Senior Program Coordinator Phone: 512/ 475-9709 Fax: 512/ 471-6193 tstahlke@austin.utexas.edu www.utdanacenter.org/theo Texas Homeless Education Office | http://www.utdanacenter.org/theo

4. How many Khadijah’s are in your community? “For almost all of my life, I have never had a place to call home. I have questioned why I have to struggle so hard to succeed while others do not have to question whether they will go to college. However, there is one thing I have never questioned: My education…. My life and circumstances have given me life skills, that in turn, have helped make me into the driven and passionate student I am today.” Khadijah WilliamsHarvard University Class of 2014 Texas Homeless Education Office | http://www.utdanacenter.org/theo

5. Domestic violence • Alcohol dependency • Drug dependency • Family disintegration • Lack of education • Unemployment • Lack of job skills • Underemployment • Serious illness • Natural disaster • Mental illness Contributing Factors to Homelessness Lack of affordable housing • Lack or loss of economic support networks • Lack or loss of social support networks Texas Homeless Education Office | http://www.utdanacenter.org/theo

6. How many individuals experience homelessness in TX? Texas estimate . . . 79,000 + Texas Homeless Network, 2012 … on any given night. Texas Homeless Education Office | http://www.utdanacenter.org/theo

7. How many children and youth experience homelessness in TX? Texas homeless students served by academic year as reported by the Texas Education Agency. . . . 53,200 2007-2008 80,940 2008-2009 76,095 2009-2010 85,155 2010-2011 95,868 2011-2012 Texas Homeless Education Office | http://www.utdanacenter.org/theo

8. Children are Homeless home / room / neighborhood / family members / school / community / possessions / security / safety / self esteem / predictable routines Children experiencinghomelessness experiencethe trauma of loss: Texas Homeless Education Office | http://www.utdanacenter.org/theo

9. Effects of Trauma on Homeless Children and Families • Enabling good decision- making by the parent / caregiver / unaccompanied youth • Help students recover from traumatic events • Preserving the best interest of the child or youth Texas Homeless Education Office | http://www.utdanacenter.org/theo

10. The Challenge Before Us Children living in homeless situations may perform two to three years below grade level in school. For many children, every move costs them as much as 4-6 months of academic progress. Casey Family Programs Texas Homeless Education Office | http://www.utdanacenter.org/theo

11. Start •Modest Resources •Underemployment •Fixed Income •Family Break-up •Job Loss •Health Problem •Earthquake •Domestic Violence •AIDS •Substance Abuse •Fire Outcome •Homelessness Cycle of Homelessness Source: Mary Ann Weinacht, Ed.D., Assoc. Professor & Mary Nan Aldridge, Ph.D., Professor, Sul Ross State University Complications/Personal Crisis Conditions Result •Move Out/Lose Home/ Evicted •Lack of Affordable Housing •Lack of Jobs and Insufficient Incomes •Lack of Support Services Now Endangered •Job •Family Life •Mental/Physical Health •Safety Texas Homeless Education Office | http://www.utdanacenter.org/theo

12. Schools were not designed to serve homeless students! We have to adjust our schools to meet the situations in whichthese children and youth are living. Texas Homeless Education Office | http://www.utdanacenter.org/theo

13. McKinney-Vento Act Main Themes • School access • School stability • Support for academic success • Child-centered, best interest decision making • Case-by-case determinations • Critical role of the homeless liaison Texas Homeless Education Office | http://www.utdanacenter.org/theo

14. The Key to McKinney-Vento Act implementation. Every school district must designate a liaison, in charge of implementing the McKinney-Vento Act. Ensures identification, enrollment, transportation, services, dispute resolution, and awareness. Works in coordination with all the schools in the district, as well as the community. McKinney-Vento Liaisons Texas Homeless Education Office | http://www.utdanacenter.org/theo

15. McKinney-Vento Liaisons Texas Homeless Education Office | http://www.utdanacenter.org/theo

16. Eligibility—Who is Coveredby the McKinney-Vento Act? • Children who lack a fixed, regular, and adequate nighttime residence, including: • Sharing the housing of others due to loss of housing, economic hardship, or similar reason • 64% of identified homeless children and youth in Texas • Where would you go if you couldn’t stay here? • What led you to move in to this situation? Texas Homeless Education Office | http://www.utdanacenter.org/theo

17. Eligibility—Who is Coveredby the McKinney-Vento Act? • Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations [Motels: 5% of identified homeless children and youth in Texas] • Living in emergency or transitional shelters [28% of identified homeless children and youth in Texas] • Living in a public or private place not designed for humans to live Texas Homeless Education Office | http://www.utdanacenter.org/theo

18. Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or similar settings [3% of identified homeless children and youth in Texas] Migratory/migrant children living in above circumstances Awaiting foster care placement Relatively restrictive definition in Texas Eligibility—Who is Coveredby the McKinney-Vento Act? Texas Homeless Education Office | http://www.utdanacenter.org/theo

19. Eligibility—Who is Coveredby the McKinney-Vento Act? • Undocumented children and youth have the same right to attend public school as U.S. citizens (Plyler vs. Doe) and are covered by the McKinney-Vento Act • Challenges of multiple definitions of homelessness that do not pertain to the education arena; i.e., HUD definition Texas Homeless Education Office | http://www.utdanacenter.org/theo

20. Eligibility—Who is Coveredby the McKinney-Vento Act? fixed …. • “Securely placed or fastened.”“Not subject to change or fluctuation.” • “A fixed residence is one that is stationary, permanent, and not subject to change.” • “Inhabitant: One who, although he may not be a citizen, dwells or resides in a place permanently or has a fixed residence therein, as distinguished from an occasional lodger or visitor.” • “Domicile: The place where a person has his true fixed permanent home and principal establishment, and to which place he has, whenever he is absent, the intention of returning, and from which he has no present intention of moving.” Texas Homeless Education Office | http://www.utdanacenter.org/theo

21. Eligibility—Who is Coveredby the McKinney-Vento Act? regular …. • “Normal, standard.”“Constituted, conducted, or done in conformity with established or prescribed usages, rules, or discipline.”“Recurring, attending, or functioning at fixed or uniform intervals.” • “Consistent.” • “A regular residence is one which is used on a regular (i.e., nightly) basis.” • “Habitual: By habit; constant; customary, accustomed, usual; common; ordinary; regular; familiar.” Texas Homeless Education Office | http://www.utdanacenter.org/theo

22. Eligibility—Who is Coveredby the McKinney-Vento Act? • adequate …. • “Sufficient for a specific requirement.”“Lawfully and reasonably sufficient.” • “Fully sufficient; equal to what is required; lawfully and reasonably sufficient.” • “An adequate residence is one that is sufficient for meeting both the physical and psychological needs typically met in home environments.” Texas Homeless Education Office | http://www.utdanacenter.org/theo

23. Determining Eligibility • Some instances are clear; others require judgment call • Use “fixed, regular, and adequate” as your standard • Follow a process • Get the facts • Analyze the facts • Is the living situation listed in the MV definition? • Is the living situation another kind of situation that is not fixed, regular, and adequate? Texas Homeless Education Office | http://www.utdanacenter.org/theo

24. Determining Eligibility • Doubled-up situations: “Sharing the housing of others due to loss of housing, economic hardship, or a similar reason” • Why did the family move in together? • How permanent is the arrangement meant to be? • Is it fixed, regular, and adequate? • “Awaiting foster care placement” • Collaborate with your local child welfare community • Consider whether the placement is temporary / emergency or intended to be permanent Texas Homeless Education Office | http://www.utdanacenter.org/theo

25. Determining Eligibility • “Substandard housing” • Communities vary; evaluate housing according to local standards/norms, e.g., building codes, definition of substandard, etc. • Sample considerations: • Health and safety concerns • Number of occupants per square foot • Age of occupants • State and local building codes • Collaborate with local housing agencies to establish guidelines that incorporate state and local legal requirements and community standards. Texas Homeless Education Office | http://www.utdanacenter.org/theo

26. Case-by-case, by the liaison “Determining Eligibility” brief Get as much information as possible Sensitivity: Avoid the word “homeless” Student Residency Questionnaire www.utdanacenter.org/theo/downloads/factsheets/RP14_SRQ.doc Determining Eligibility Texas Homeless Education Office | http://www.utdanacenter.org/theo

27. How McKinney-Vento Comes into Play with Children in Foster Care • When McKinney-Vento applies to children involved with CPS • When a McKinney-Vento-type provision exists for children in foster care – Fostering Connections & some state laws • When McKinney-Vento does not apply and no similar provision exists for children in foster care

28. When McKinney-Vento Applies When child is “awaiting foster care placement” –federal MV language Children in CPS custody in certain particularly unstable placements are considered McKinney eligible, i.e., ran away from foster placement, in a shelter or transitional living program

29. When McKinney-Vento Applies • “Awaiting” foster care • In a shelter • Ran away from foster care and living in ahomeless situation – NOT in another foster home • Aged out and is living in a homeless situation • Other - living in a homeless situation

30. When McKinney-Ventodoes not Apply When child is in foster care they are not “awaiting foster care placement” and therefore are not McKinney eligible Texas discerns between formal and informal out of home care

31. Substitute and Foster Care Substitute Care = Care of childrenoutside immediate family • Formal processes - not homeless(foster home, group home, residential treatment centers, kinship care, adoption, legal guardianship) • Informal processes - homeless(relative care, non-relative care, shelter care, transitional living, unaccompanied youth who meet M-V guidelines) Texas Homeless Education Office | http://www.utdanacenter.org/theo

32. Substitute and Foster Care • Does CPS have custody/ward of state? • Is the home licensed or certified? • Is it a kinship or foster home? • Has there been a home study? • Is the family receiving financial support from CPS? • If the answer is no = informal & MV eligible • If the answer is yes = formal & not MV eligible

33. Awaiting Foster Care: MV Eligible? The Jones’ family is a kinship home for their grandchildren who were removed from their mother’s care when CPS substantiated allegations of abuse. CPS has custody of the children, and provides services and financial support to the Jones family. Are the children considered “awaiting”foster care? NO. Are they MV eligible? No. How do you know? What questions should you ask?

34. Length of eligibility for MV • Once identified, students are eligible for services for the duration of the school year, even if they become permanently housed OR • For the duration of homelessness

35. Length of eligibility for MV • Currently identified students should not “roll” to next year’s identification list without proper verification

36. Who needs to know? Anyone who can aid the student’s enrollment, attendance, or success in school FERPA considerations District policies Texas Homeless Education Office | http://www.utdanacenter.org/theo

37. What happens after astudent is identified? Appropriate follow-up to insure enrollment, attendance, and success in school Attendance issues and interventions Transportation and support strategies Texas Homeless Education Office | http://www.utdanacenter.org/theo

38. When is a person no longer considered “homeless”? When they become “Permanently Housed.” • Developing a working definition for district procedures • Recommended time-frames to consider • Challenges of ‘doubled up” families Texas Homeless Education Office | http://www.utdanacenter.org/theo

39. School Selection • Homeless students may attend one of two schools: • School of Origin: School the child/youth attended when permanently housed or school in which child/youth last enrolled • Local Attendance Area School: Any public school that nonhomeless students living in the attendance area in which the child/youth is actually living are eligible to attend • Best Interest: In determining the best interest, the local educational agency shall to the extent feasible, keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian. Texas Homeless Education Office | http://www.utdanacenter.org/theo

40. School Selection • Students can stay in their school of origin the entire time they are homeless, and until the end of any academic year in which they move into permanent housing • If a student becomes homeless in between academic years, he or she may continue in the school of origin for the following academic year • School of Origin does NOT apply to feeder patterns – only to a specific campus – once a student changes campus (i.e., promotion) S o O no longer applies Texas Homeless Education Office | http://www.utdanacenter.org/theo

41. School Selection • The School of Origin never “rolls off” as an option for a student who is homeless to attend if it is in the best interest of the student and is “feasible” • If a student is sent to a school other than that requested by a parent or guardian, the district must provide a written explanation and the right to appeal Texas Homeless Education Office | http://www.utdanacenter.org/theo

42. School Selection • Texas law allows homeless students to enroll in the DISTRICT of their choice if they meet the definition of homeless –- not dependent on residency of student, guardian(s), or parent(s)- districts are not obligated to transportation Texas Homeless Education Office | http://www.utdanacenter.org/theo

43. Feasibility • Feasibility criteria in the U.S. Department of Education’s July 2004 Policy Guidance: • age of the child or youth • distance of a commute and the impact it mayhave on the student’s education • personal safety issues • student’s need for special instruction (e.g., special education and related services) • length of anticipated stay in the temporary location • time remaining in the school year • Student-centered, individualized determination Texas Homeless Education Office | http://www.utdanacenter.org/theo

44. School Selection: Key Questions • How permanent does the family’s living situation appear? • How deep are the child’s ties to current school? • How strong is the child academically? • Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have? • Would the timing of the school transfer coincide with a logical juncture such as after testing, after an event that is significant to the child, or at the end of the school year? • How would the length of the commute impact the child? • Are there any safety issues to consider? Guiding the Discussion on School Selection – School Selection Checklist Texas Homeless Education Office | http://www.utdanacenter.org/theo

45. School Enrollment • Homeless children have the right to enroll immediately, even if they do not have required documents • If a student does not have immunizationsor immunization or medical records, the liaison must assist with obtaining them and the student must be enrolled in the interim • Enrolling schools obtain school records from the previous school Texas Homeless Education Office | http://www.utdanacenter.org/theo

46. Children and youth who are homeless must be enrolled immediately in any school open to other children living in the same neighborhood. Immediate enrollment includesattending classes and participatingfully in all school activities. Texas law agrees that enrollment of homeless students is not dependent on the residency of the parent or guardian. TX Ed Code 25.001(b)(5) School Enrollment Texas Homeless Education Office | http://www.utdanacenter.org/theo

47. Immediate enrollment in school applieseven if no parent or guardian is present. TX law allows youth to enroll in school on their own, as long as they are not in the district primarily to participate in extracurricular activities and not expelled/no current delinquent/criminal conduct. TX Ed. Code 25.001(b)(4), (d) School Enrollment Texas Homeless Education Office | http://www.utdanacenter.org/theo

48. Transportation • LEAs must provide homeless students transportation to their school of origin, ata parent’s or guardian’s request (or at the liaison’s request for an unaccompanied youth) • Districts may choose the manner used to transport the student • Students must not be penalized for district delays in arranging transportation Texas Homeless Education Office | http://www.utdanacenter.org/theo

49. US DA policy allows homelessstudents immediate access to freemeals upon identification by liaisonsor shelter providers (categorical eligibility) In doubled-up situations, host families may count guest family on application Foster care children are eligible, as well Child Nutrition Programs Texas Homeless Education Office | http://www.utdanacenter.org/theo

50. All homeless students have 30 days provisional enrollment to supply immunization records or begin the required course of immunizations Liaison must be notified when immunizations are lacking and must help student obtain them Provisional enrollment applies regardless if the student is enrolling in school for the first time or is entering the district from out-of-state Immunizations Texas Homeless Education Office | http://www.utdanacenter.org/theo