Homeless Education 101

Homeless Education 101 David Ray, M.Ed. Region 10 ESC 972.348.1786 David.Ray@Region10.org www.region10.org/mvh

Non-Agenda • Spend anytime discussing the moral or ethical pros and cons with regards to providing services to the homeless.

Agenda • Homeless Education History • Homeless Liaisons • Definition • Required Services • Unaccompanied Youth • Other

Levels of Law • Federal • McKinney-Vento Act • McKinney-Vento Federal Guidance • State • Texas Education Code • TEA Legal Guidance • Other • Local/TASB Policy

McKinney-Vento History • Nine titles within the act • Title VII addresses education • Signed into law in 1987 • Largest amendment took place in 2002 as it became part of NCLB • Named after Stewart McKinney & Bruce Vento

Homeless Liaisons • Identification • Enrollment & Success • Head Start and Pre-K • Health, Mental Health & Dental Care • Informing Parents and Posting Rights • Dispute Resolution • Immunizations • Unaccompanied Youth

Definition Lack a…. • FIXED • REGULAR • ADEQUATE Nighttime residence

PEIMS 100 Record Column 79 • 0= Not Homeless • 1= Sheltered • 2= Doubled-Up • 3= Unsheltered • 4= Hotel/Motel

PEIMS 100 Record Column 80 • 0= Not Unaccompanied • 1= Unaccompanied & Receiving Services Under a MV Program • 2= Unaccompanied & NOT Receiving Services Under a MV Program

Dispute Resolution • Written Explanation of the Decision • Immediate Enrollment While Dispute is Resolved • All Services While Dispute is Resolved • Arrangements at the Same School

Dispute Resolution • Written notice should include: • Contact information for the local homeless education liaison • A simple, detachable form that parents, guardians, or unaccompanied youth can complete and turn in to the school to initiate the dispute resolution process; the school should copy the form and return the copy to the parent, guardian, or youth for their records when it is submitted. • A step-by-step description of how to dispute the school’s decision • Notice of the right to enroll immediately in the requested school pending resolution of dispute • Notice that “immediate enrollment” includes full participation in all school activities • Sample Letter

Nutrition • Automatic Eligibility • Letter from Homeless Liaison with a list of names is sufficient documentation • Comparable Service

Enrollment • Immediate Enrollment • Even if Lacking Proper Paperwork • Proof of Residency • Guardianship • Immunizations • Birth Certificate • School Records • Federal Law: SoO or Local • Texas Education Code: Any • Dispute Resolution

Evaluation • Evaluate the Housing Status of All Students at a Regular Interval • Student Residency Questionnaires • Incomplete or Confusing Forms

Transportation • School of Origin • The term ‘school of origin’ means the school that the child or youth attended when permanently housed OR the school in which the youth was last enrolled. • Students can possibly have 2 schools of origin.

School of Origin Suzy’s family was recently evicted and had to move into a shelter in a neighboring district. Which school is the school of origin? A What are this student’s options for transportation? School of Origin from A, or as a comparable service from B Where can this student enroll? Anywhere in Texas that is in their best interest

Suzy decided to enroll in District B. Recently, Suzy’s mother got a job at a temple near District C. School of Origin Which school is the school of origin? A & B What are this student’s options for transportation? School of Origin from A, or as a comparable service from B Where can this student enroll? Anywhere in Texas that is in their best interest

Suzy decided to enroll in District C. Eventually, they were able to get in a shelter closer to district C. After 2 months, she decided she did not like District C and is thinking of moving to district D. School of Origin Which school is the school of origin? Which school is the school of origin? A & C A & C What are this student’s options for transportation? What are this student’s options for transportation? School of Origin from A, or as a comparable service from C School of Origin from A, or as a comparable service from C Where can this student enroll? Where can this student enroll? Anywhere in Texas that is in their best interest Anywhere in Texas that is in their best interest

Determining Feasibility • Related to Enrollment • More Factors Than Distance • Case by Case Basis • Written Notice for Denial • Dispute Resolution • Keep Records

Determining the Method • School Bus • District Vans & SUVs • Contracted Transportation Services • Public Transportation • Shelter Transportation • Reimbursement to Parents • Other (Possibly SPED)

Common Concerns • After School- Comparable • DAEP- Comparable (Unless SoO) • Pre-School- Comparable • 2-Mile Radius- Comparable (Unless SoO) • Discipline- Comparable & Written Policy • No Exception for High Mobility • No Transportation-Still Must Provide • Field Trips/ Testing- Use other funds, Title-I

A Test

Other services via Title I, part A-Set Aside School Supplies Health Related Needs Field Trip Costs School Uniforms/Clothing Tutoring/Educational Aides

Educating Unaccompanied and Homeless Youth • PEIMS 100 Record Column 80 Indicates Unaccompanied • 0= Not Unaccompanied • 1= Unaccompanied and Receiving Services Under M-V • 2= Unaccompanied and Not Receiving Services Under M-V

Educating Unaccompanied and Homeless Youth Homeless Unaccompanied Students not with legal guardians

Educating Unaccompanied and Homeless Youth • Unaccompanied Youth. The term unaccompanied youth includes a youth not in the physical custody of a parent or guardian. This would include youth living in runaway shelters, abandoned buildings, cars, on the streets, or in other inadequate housing and children and youth denied housing by their families (sometimes referred to as “throwaway” children and youth) (Federal Guidance)

Educating Unaccompanied and Homeless Youth In 1938, Huey, Dewey and Louie are sent to live with Uncle Donald because their father was in the hospital and their mother, Della Duck (Donald’s twin sister), could not care for them. Homeless & Unaccompanied

Educating Unaccompanied and Homeless Youth By 1941, the boys had permanently moved in with Donald. However, guardianship transfer was never sought. Students not with legal guardians

Educating Unaccompanied and Homeless Youth In 1987, Donald joined the navy. He made a plan with his Uncle, Scrooge McDuck, to watch the boys while he was away. Students not with legal guardians

Educating Unaccompanied and Homeless Youth Homeless & Unaccompanied

Educating Unaccompanied and Homeless Youth • 1 in 10 report being raped • 1 in 100 die each year, the vast majority from suicide • 75% report at least one parent who abused drugs or alcohol • 20-40% were sexually abused in their homes • 40-60% were physically abused • Many youth have been thrown out because of their sexual orientation (20-40% identify as LGBT) • 10% of currently homeless female teenagers are pregnant

Educating Unaccompanied and Homeless Youth • Homeless Liaisons • parent or guardian (or in the case of an unaccompanied youth, the liaison)

Educating Unaccompanied and Homeless Youth • UIL • Homeless students need their school administrator to apply to the UIL for a waiver of residence if the student plans to participate in varsity athletics. • Residence rules for athletic varsity eligibility are found in Section 440 (b) and 442 of the Constitution and Contest Rules.

Educating Unaccompanied and Homeless Youth • Health/Immunizations • Immediate referral to HoLi • Age 16 and up can consent to own medical treatment (FC)

Educating Unaccompanied and Homeless Youth • Tex. Fam. Code § 32.003: Consent to Treatment by Child (a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child: (2) is: (A) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the residence; and (B) managing the child's own financial affairs, regardless of the source of the income;

Educating Unaccompanied and Homeless Youth • Grades and Credit Recovery • 90% rule has exceptions • Encouraged to get creative • TXVSN is an option • Flexible Schedules (Mobile, AL and Anchorage, AK) • Review transcripts to see if credit can be given • Award credit for employment

Educating Unaccompanied and Homeless Youth • Texas Codes > Education Code > Title 2 > Subtitle E > Chapter 25 > Subchapter C >25.092 (a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit under this subsection without the consent of the judge presiding over the student's case. (b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.

Educating Unaccompanied and Homeless Youth • Truancy and Drop-Out • Method for reviewing absences? • Which are related to homelessness and which are not? • What are the students’ expectations of themselves?

Educating Unaccompanied and Homeless Youth • ARD Meetings and Special Education • Legal framework (ESC18) assigns a surrogate • Also defines “parent” broadly • “An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare”

Educating Unaccompanied and Homeless Youth • FAFSA and Post-Secondary Education • Unaccompanied Homeless students meet the definition of “Independent Student” • Verification can be made by the HoLi (Sample Letter) • Youth who are in foster care at any time after age 13 are also considered independent students

Educating Unaccompanied and Homeless Youth • Foster Care and CPS • Students who run away from Foster Care are considered Homeless • Students who are awaiting Foster Care Placement are considered Homeless • When do I call CPS? (FC)

Educating Unaccompanied and Homeless Youth • SSI, TANF, Medicaid, Housing etc. • SSI • Student must be disabled • Ages 16-18 can apply on their own • Food Stamps • No age minimum • No parent signature required • No denial based on lack of address of ID • Eligibility is based on household not family • Couch Surfing youth are considered their own household

Educating Unaccompanied and Homeless Youth • SSI, TANF, Medicaid, Housing etc. • TANF • Large barriers for Unaccompanied Youth • Medicaid • Most students would qualify • Youth under the age of 21 who are financially eligible but not “dependent children” (i.e. because they do not live with parents). Financial eligibility levels vary greatly among states, but are often very low. Parental income is not considered if the youth does not live with parents. • Housing

Policy • Procedure • Protocol • Practice • Plan • Process • Steps • Method • Arrangement • System • Strategy • Course • Order • Habitude • Manner • Mode • Praxis • Approach • Scheme • Recipe

Homeless Education 101