T exas H omeless E ducation O ffice

1. TexasHomelessEducationOffice 1-800-446-3142 http://www.utdanacenter.org/theo The University of Texas at AustinCharles A. Dana Center2901 N IH 35, Room 2.200Austin, Texas 78722 USDE Region 10 ESC

2. Identification and Educational Assistance for Unaccompanied and Homeless Youth

3. Working with Unaccompanied and Homeless Youth AGENDA Definitions Identify unaccompanied youth needs and challenging situations Identify common issues when working with homeless unaccompanied youth Identify laws & possible solutions

4. How Many Children and Youth Experience Homelessness in TX? 53,200 2007-2008 80,940 2008-2009 76,095 2009-2010 85,155 2010-2011 95,868 2011-2012 101,00+ 2012-2013

5. How Many Children and Youth Experience Homelessness in TX? • 101,000+ homeless students identified by schools reported in 2012-13 • The Urban Institute estimates that approximately 10% of all children experiencing poverty will experience homelessness in a year • According to the 2013 CPPP indicate 26.6% of Texas’ over 7,000,000 children live in poverty- 10% is closer to 200,000 that experience homelessness during a given school year

6. Issues with under identification • Identification triggers services • Identification =$ • Identification – numbers reported to USDE • Under identification: Families and unaccompanied youth: • don’t know/think they are homeless • want to hide the fact they are homeless due to embarrassment, fear of authority

7. Are unaccompanied students homeless? Unaccompanied: students not with a parent or legal guardian If they meet the same criteria for homelessness as other Students Often doubled-up, “couch surfing”

8. Who Are Homeless Unaccompanied Youth? • Must be in the physical custody of a parent or legal guardian • Is there an age limit on serving homeless secondary students? MV applies to all school-aged youth (as defined by state law); typically states allow youth to attend school up to the age of 21 – in Texas this has been extended to age 26 in certain circumstances TEA defines unaccompanied as under age 21 on September 1 of the school year

9. Definition of Homeless Youth? Must meet the McKinney-Vento Education definition of homeless: Children and youth who lack a fixed, regular, and adequate nighttime residence: • Doubled up -sharing the housing of others due to loss of housing, economic hardship, or similar reason, “couch surfing” • Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations • Living in emergency or transitional shelters • Abandoned in hospitals • Awaiting foster care placement • Living in a public or private place not designed for humans to live • Living in cars, parks, abandoned buildings, bus or train stations, etc. • Migratory children living in above circumstances • Children of deployed military whose “plan” breaks down

10. Undocumented Students • Students who are undocumented are eligible for M-V services • Legal citizenship status should not be a factor in enrolling and educating undocumented students in homeless situations • Schools are not to ask for proof of legal status in determining homelessness – only the living situation should be considered • Plyer v Doe 1982 supreme court ruling • Current immigration crisis

11. MV Eligible? Formal vs Informal Substitute Care What questions should you ask? 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

12. MV Eligible? CPS asked the Jones family to take their grandchildren in while they investigate allegations of abuse against their mother. Are the children considered “awaiting” foster care? Is this an informal or formal placement? Are they MV eligible? Why or why not? Are the children unaccompanied?

13. 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?

14. Why are Youth Homeless on Their Own? • Over half of callers to Runaway Hotline report being physically abused at home; over one-third report sexual abuse; over two-thirds report that at least one of their parents abuses drugs or alcohol • Other youth are thrown out of their homes because they are pregnant, gay or lesbian, or because their parents believe they are old enough to take care of themselves • Some children and youth are abandoned by their parents, or are on their own due to death of parents • Some children and youth are in unstable living situations due to parental incarceration, illness, or hospitalization

15. Why are Youth Homeless on Their Own? • Over half of youth living in shelters report that their parents either told them to leave, or knew they were leaving and did not care • Some youth become homeless with their families, but, due to lack of space in doubled-up or motel situations, end up homeless on their own • Natural disasters cause youth to be separated from family during their homelessness • Aging out of foster care into homelessness; running away from foster care placements due to abuse in the foster home, or to reconnect with siblings and family

16. Runaway YOUTH ARE HOMELESS Runaway, pushed out, and unaccompanied youth are a growing proportion of children in homeless situations They often know what they are running from, but have no realistic idea of what they are running to.

17. Impact of Homelessness on UHY • Higher rates of acute and chronic illness, depression and anxiety; experiences of trauma and loss • For unaccompanied youth, lack of support from any caring adult leads to faulty decision making • Unaccompanied youth are frequently victimized. As many as half have been assaulted or robbed; one in ten runaways reports being raped – likely a low report • According to the National Runaway Switchboard, 5,000 unaccompanied youth die each year from assault, illness, or suicide • Perform lower on academic assessments • 50% of homeless youth & 75% of unaccompanied homeless youth do not graduate

18. Signs of Homelessness • Tired, sleeping in class, lack of energy • Poor hygiene • Wear the same clothes day after day • Inability to concentrate • Doesn’t turn in homework assignments • Doesn’t complete special projects • Is frequently tardy or absent • Comes to class “unprepared” • Change in behavior • Is angry, hostile, anxious • Is secretive, afraid to share information • Moves around a lot • Grades fall off, gaps in learning

19. Barriers to Education • High mobility: 41% will attend at least two different schools; 28% will attend three or more • Unaccompanied youth: lack of a parent or guardian to sign forms • Lack of school records and other paperwork • Lack of transportation • Lack of school supplies, clothing • Credit accrual policies, attendance policies • Low expectations by family, school • Lack of stable housing • Emotional crisis / mental health issues • Employment - need to balance school and work • Fatigue, poor health, hunger • Concerns about being captured by authorities

20. McKinney-Vento Act Provisions

21. McKinney-Vento requires... • That all homeless children and youth have access to a free and appropriate public education: • That every state review and revise all laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children; and • That homeless children and youth have access to the education and services they need to ensure them an opportunity to meet the same challenging state standards to which all students are held

22. Educational Rights Under The McKinney-Vento Act • Creates a state Homeless Education Office • Broad mandate for all school districts to remove barriers to school enrollment and retention by revising policies and practices that act as barriers for homeless students • Creates a Homeless Education Liaison in every district • Requires outreach and identification • Requires immediate enrollment • Right to remain in the school of origin • Mandates transportationto the school of origin • Access to programs and services • Access to dispute resolution procedures

23. McKinney-Vento Personnel • Every State Education Agency has an Office of State Coordinator for the Education of Homeless Children and Youth - THEO • Collaboration responsibilities across agencies and with communities • Technical assistance to LEAs • Compliance oversight • Professional development • Data collection and reporting • Hotline • Three year competitive grant program • Dispute assistance • Advocacy • Federal and State policy input

24. McKinney-Vento Personnel • Every Local Education Agency (school district) must designate a liaisonfor students in homeless situations • Responsibilities • Ensure that children and youth in homeless situations are identified through school and community • Ensure that homeless students enroll in and have full and equal opportunity to succeed in school • Make referrals for health, mental health, and other services, and ensure that homeless children receive Head Start and preschool programs administered by school districts • Track student attendance and academic progress, arrange tutoring and other interventions

25. Student Rights Outreach and Identification The McKinney-Vento Act requires public notice of educational rights of children and youth experiencing homelessness be disseminated in every school district at every campus and wherever services are accessed. Posters can be downloaded from the THEO website - www.utdanacenter.org

26. New SRQ Use a student residency questionnaire

27. New PEIMS indicators for 2012-13 school year Districts must identify in PEIMS: Homeless students Homeless Unaccompanied students Homeless students that receive MV services Homeless students that do not receive MV services p. 180

28. Immediate Enrollment • Enrollment is defined as attending and fully participating • Immediate enrollment without records • Enrollment without withdrawal from previous school • LEA contacts previous school last attended for records • Enrollment without parent or legal guardian • Enrollment without proof of a permanent residence • Cannot require dual residency affidavits • Homeless students are not transfer students • Without immunizations

29. Enrollment Disputes • Admit child or youth immediately to school of choice pending resolution of dispute • School must provide parent/guardian or youth with written explanation of decision including statement of rights and appeal process • Referral to liaison for dispute resolution and assistance with appeal process • Liaison ensures unaccompanied youth is immediately enrolled and assists with appeals process • Student must remain enrolled and attending school throughout the appeals process

30. Immunizations Texas Attorney General’s Decision April 15, 2004 • 30-day provisional enrollment • Liaison must help student obtain records or necessary course of immunizations

31. Can unaccompanied youth consent to their own medical treatment? • Generally, only persons age 18 and over can consent to their own medical, dental, and health care; minors need consent of a parent or guardian • The Texas Family Code gives youth 16 or older who are independent of parents the right to consent to their own medical treatment. • Students of any age can access certain health and mental health services under certain circumstances, i.e., in cases of abuse

32. Educational Stability • Requires schools to keep children in the school of origin, except where contrary to thewishes of the parent or guardian • Child or youth’s right to attend their school of origin extends for the duration of the school year even if permanently housed or to the entire duration of homelessness – there is no time limit, only consideration of the living situation • Requires districts work together to develop a plan for sharing transportation costs and responsibilities • TEC third choice (§25.001(b)(5)TEA Legal letter)

33. Length of Eligibility • Once identified, students are eligible for services throughout the school year, even if they become permanently housed or • For the duration of homelessness

34. Unaccompanied Youth—Key Provisions • Liaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and inform the youth of his or her appeal rights – school of origin is the first consideration • School personnel must be made aware of the specific needs of runaway and homeless youth.

35. Who can make decisions for an unaccompanied youth regarding participation in extra curricular activities, field trips, etc.? • States and school districts have implemented a variety of policies and procedures • Youth make decisions on their own • Local liaison makes decisions • Student and counselor together • Caregiver forms allow other adults to make decisions • Assign trained education mentors/decision makers

36. How does your district handle: • Lack of parental signature for field trips, playing sports, other activities, services? • Who goes on the contact form? • Who receives school notices & reports? • Who gets called in case of illness, a behavior issue, or an emergency? • Who is held accountable for poor school attendance? • Who requests and attends an ARD?

37. What about school liability or parental disapproval? Liability is based on the concept of negligence, or a failure to exercise reasonable care — following federal law and providing appropriate services are evidence of reasonable care School districts must follow MV and the TEC laws

38. Do schools have to contact the police when enrolling unaccompanied youth? • State law determines the obligation of a school liaison or service provider to alert other agencies about unaccompanied youth • Most state laws that address this issue (including Texas) permit, but do not require, schools to report unaccompanied youth; many laws also give schools the option to contact social services instead of the police • The school district should work with police and social services regarding mandatory reporting to ensure that care is exercised to keep a youth in school and serve his/her best interest

39. Who can make decisions related to special education for an unaccompanied youth? • IDEA requires LEAs to appoint surrogate parents for unaccompanied homeless youth within 30 days – expands the definition of parent • IDEA regulations permit staff members of emergency shelters, transitional shelters, independent living programs and outreach programs to serve as temporary surrogate parents for unaccompanied homeless youth • Districts should have a surrogacy program to train potential surrogates. They cannot be employees of the school district

40. Texas Undocumented Youth Assistance • Undocumented unaccompanied homeless youth have the same rights as other unaccompanied homeless youth • Undocumented homeless youth are entitled to enroll in school of origin, residency, any district, without records • Schools are not to ask about documentation status • Not eligible for the FAFSA, but are eligible for the TASFA

41. Title I and Unaccompanied youth • Homeless students are automatically eligible for Title I services • Title I services are provided to unaccompanied and homeless youth as they are to any other eligible student – “comparable services” • However, Title I may provide additional services to homeless youth – more flexibility in funds • Title I set-a-sides for non Title I schools

42. Examples of Eligible Uses • Clothing and school uniforms • School supplies • Birth certificates • Immunizations • Food • Medical and dental services • Glasses and hearing aids • Counseling services • Part of homeless liaison’s salary • Outreach services • Extended learning time before and after school • Tutoring services • Fees for GED testing • Fees for AP & IB testing • Fees for SAT & ACT testing • Student fees • Excess cost of school of origin transportation

43. Nutrition Programs • Categorical eligibility for homeless, runaway, foster, and migrant children and youth – w/o application • Homeless documentation can be used to document eligibility for nutrition programs • Income documentation is not required if child/youth is homeless • Homeless children residing with another household are eligible • Other children in the household may be eligible • Duration of eligibility for the entire school year even if housing is secured or duration of homelessness

44. What if an unaccompanied youth has been suspended for misbehavior from his/her former school? Must the school enroll this child? • If discipline action was taken against a youth for reasons related to homelessness (for example, excessive absences caused by homelessness), the youth must not be penalized or denied enrollment and the policy should be revised

45. What obligation does a school have to help unaccompanied youth make up lost credits? • Many youth lose credits due to mobility and absences—consequences of homelessness • McKinney-Vento requires that schools and districts remove barriers to enrollment and retention and provide academic support—LEA policies should be revised • Youth should be provided academic support through tutoring, programs with cooperating universities, or online courses, for example; appropriate use of Title I set aside funds

46. Can an unaccompanied youth apply for federal financial aid (through FAFSA) without providing information about their parents’ income and their parents signature? • NEW! Starting July 1, 2009 • Youth will be considered independent students if they are verified as unaccompanied and homeless - OR as unaccompanied, at risk of homelessness, and self-supporting - during the school year in which the application is submitted • Verification must be made by a McKinney-Vento Act school district liaison; a HUD homeless assistance program director or their designee; a Runaway and Homeless Youth Act program director or their designee; or a financial aid administrator. • Youth who are in foster care at any time after the age of 13 will automatically be independent students

47. Miranda Miranda, who is 17 years old, arrives at Oak High School in early November seeking to enroll. She informs you that she left home four months ago because she just couldn’t stay there anymore. She is reluctant to share any other information about why she no longer wants to live with her mother, who is her custodial parent and her mother’s boyfriend. She informs you that her father died 5 years ago.

48. Miranda Miranda has been sleeping on the couch of a friend who resides in your district and within the attendance zone of Oak High School. Before Miranda’s name reached your desk, the registrar called her mother who informed the school that Miranda could come home anytime she wants. However, the mother didn’t really seem to care if Miranda lived at home or not—she doesn’t really plan to do anything about the fact that Miranda left. Miranda is steadfast about not going home and about enrolling in Oak High.

49. Miranda She only needs two more semesters of credit to graduate. Unfortunately, she has barely attended classes since the school year began two months ago. She says she intended to continue in her school of origin, but she was unaware of her McKinney-Vento rights and thought she had to use public transportation to get there. Somehow she just never had the money so was only present for 7 days this semester.

50. Miranda • Is Miranda “homeless” under McKinney- Vento? Why or Why not?  • What are Miranda’s choices of schools? • What would you do if she tells you her mom hits her & her mother’s boyfriend abuses her? • What would be your responsibility if Miranda’s mother contacted you and told you that she had run away without permission?