Charter Schools and Homeless Students: What Homeless Students Need What The Law Requires; What Homeless Students Need LOCATION: 2017 Charter School Summer Summit, Austin, Texas DATE: 6/28 – 6/30/2017 PRESENTER: Patrick Lopez, Senior Program Coordinator 512-475-9704 plopez@austin.utexas.edu

Welcome Education for Homeless Children and Youths (McKinney-Vento) Program in Texas Funding for the McKinney-Vento program is provided from the US Department of Education to TEA.TEA contracts with Region 10 to provide support for the program. Region 10 contracts with the THEO to provide technical assistance, training and subgrant management. In Texas, TEA is the overall authority for disputes and program implementation. TEXAS HOMELESS EDUCATION OFFICE

The Texas Homeless Education Office (THEO) The Charles A Dana Center The University of Texas at Austin 1616 Guadalupe St, Suite 3.206 Austin, Texas 78701 512-475-9702 office Toll Free: 800-446-3142 in Texas http://www.theotx.org/ The Texas Homeless Education Office’s website is the best place to find fact sheets, legislative updates and other information related to educating homeless children and youth in Texas.   Questions about sub-grant management should be directed to the Texas Homeless Education Office.

THEO Staff Contact Information Jeanne Stamp, Project Director 512-475-6898, jeannestamp@austin.utexas.edu Vicky Dill, Coordinator 512-475-9715, vickydill@austin.utexas.edu Patrick D. Lopez, Coordinator 512-475-9704, plopez@austin.utexas.edu Janie C. Phillips, Administrative Associate 512-475-9702, janiephillips@austin.utexas.edu Tim Stahlke, Coordinator 512-475-9709, tstahlke@austin.utexas.edu Ken Martin, Coordinator 512-471-7145, ken.martin@austin.utexas.edu

Contact info for Region 10 David Ray Program Coordinator for Homeless and Foster Care Education Region 10 Education Service Center 904 Abrams Road Richardson TX 75081 David.Ray@region10.org (512) 463-9235 office Region 10 regularly hosts free webinars related to homeless education issues.

In order to comply with the ESSA rules regarding the training of homeless education personnel across the state, please register for this training in addition to any registration or sign-in you have done already today. Use any electronic device to log in to: http://www.region10.org/mvhpd

The following screen will display: http://www.region10.org/mvhpd The following screen will display: Pull-down menu: LEA non-subgrantee, LEA subgrantee, or select another type Pull-down menu: Select the name of your LEA Enter the name of the ESC or other location where the training is taking place Use the pop-up calendar to pick today’s date

Homeless Students In Texas 2014-2015 Total Student Enrollment in Texas Public Schools, all grades: 5,232,065 2014-2015 Total Number of Identified Homeless Students In Texas Public Schools, all grades: 113,063

How many children and youth experience homelessness in Texas? 53,200 2007-2008 80,940 2008-2009 76,095 2009-2010 94,624 2011-2012 85,155 2010-2011 101,088 * 2012-2013 * First year of PEIMS 111,759 2013-2014 How many children and youth experience homelessness in Texas? Texas homeless students served by academic year as reported by the Texas Education Agency . . . 113,063 2014 - 2015 Actual numbers reported to TEA are lower. 113,063 students experienced homelessness in the 2014-15 school year.

Primary Nighttime Residence at Time of Enrollment 113,063 = Texas Total Students Identified Like national numbers, the majority (79%) of students experiencing homelessness in Texas are doubled-up. Does this surprise you?

Homeless Students In Texas About 1 in 50 students in Texas public school are homeless. Given that many charters target at-risk students and those that have had difficulty in a traditional setting, the prevalence of homelessness is much greater in many charters. Chances are that many, if not all, charters will be working with homeless students on a regular basis.

Two Important Considerations What are charter schools required by law to do regarding students that are living in homeless situations? What should charter schools be doing to best meet the needs of students living in homeless situations?

The McKinney-Vento Act Subtitle VII-B of the McKinney-Vento Homeless Assistance Act (MV) is a federal law designed to remove barriers to education created by homelessness, and thereby increase the enrollment, attendance, and success of children and youth experiencing homelessness. The McKinney-Vento Act was passed in 1987 and was most recently amended by the Every Student Succeeds Act of 2015.

MV MV provides the statutory definition public education uses to determine who is homeless. MV requires homeless students to have access to the same public school system as any student that is not homeless. MV provides a process for all LEAs to follow in order to resolve disputes under MV. This process is known as the dispute resolution process.

Charter Schools and MV Charter school were authorized by the Texas Legislature in 1995. The first charters opened in Texas in 1996. The first charters schools in the US appeared in 1991 and 1992.

Charter Schools and MV Public charter schools are required to follow the requirements of MV just as any other local education agency (district). However, MV was written before public charter schools existed. The statutory language of MV does not address the unique characteristics of charter schools. This can create challenges.

Requirements In MV That Apply To All LEAs (Including Charters) LEAs must: • Identify homeless children and youth • Enroll homeless children and youth, including unaccompanied homeless youth, immediately • Continue a child’s education in the school of origin at the request of the parent or student

Requirements In MV That Apply To All LEAs (Including Charters) LEAs must: • Appoint a local homeless education liaison • Provide services to homeless students that are comparable to those offered to other students • Provide transportation to homeless students so that they may continue to attend their school of origin

Requirements In MV That Apply To All LEAs (Including Charters) LEAs must: • Coordinate with with community homeless service providers • Review and revise policies that my act as barriers to the enrollment of homeless children and youth

Identification is Not Optional It is the law LEA’s are audited for their compliance with the McKinney-Vento law Student Residency Questionnaires or some form of record must be maintained both for those who are eligible and those who are not

Identification Identification should be auditable Every student’s housing status must be assessed each year and when coming into the school during the year Need procedures for identification of students becoming homeless while already attending during the school year

Identification Under-identification may be occurring in many LEA’s and charters due to: School staff’s lack of understanding of the McKinney-Vento definition The district’s lack of identification procedures Families and youth do not know the definitions so may not know they are homeless – often true if they stay with others, i.e. doubled-up, couch-surfing Families and youth are afraid and/or embarrassed to let school know their situation

McKinney-Vento-eligible children and youth lack a Definition of Homelessness McKinney-Vento-eligible children and youth lack a fixed … regular … and adequate … nighttime residence. According to McKinney-Vento, students are considered homeless if they lack a fixed, regular and adequate nighttime residence. Let’s look at each one of those components individually.

Definition of Homelessness fixed …. Securely placed or fastened A fixed residence is one that is stationary, permanent, and not subject to change or fluctuation “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 Fixed implies permanency or something that is not subject to change. Look at other terms related to “fixed” on the slide. What are some living situations that would not be considered “fixed”?

Definition of Homelessness 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 Used on a regular basis (i.e., nightly) Habitual: by habit; constant; customary, accustomed, usual; common; ordinary; regular; familiar Regular implies that it is consistent or used on a nightly basis. Look at other terms related to “regular” on the slide. What are some living situations that would not be considered “regular”?

Definition of Homelessness adequate …. Sufficient for a specific requirement Lawfully and reasonably sufficient Fully sufficient; equal to what is required; lawfully and reasonably sufficient Sufficient for meeting both the physical and psychological needs typically met in home environments Adequate means that it is sufficient to meet the needs of the inhabitants. Look at other terms related to “adequate” on the slide. What are some living situations that would not be considered “adequate”?

Doubled-Up Situations Definition of Homelessness Doubled-Up Situations Children who lack a fixed, regular, and adequate nighttime residence include those: Sharing the housing of others due to loss of housing, economic hardship, or similar reason. Where would you go if you couldn’t stay here? What led you to move in to this situation? Why did the family move in together? How permanent is the arrangement meant to be? Is it fixed, regular, and adequate? The most common type of homelessness is called doubled-up and means those who are sharing the housing of others due to loss of housing, economic hardship or similar reason. How can a liaison determine which families are homeless and doubled-up and which families are simply living together? Where would the family go if they were unable to share housing? What precipitated or led to the move into the current situation? How permanent is the current arrangement intended to be? Finally, is the current housing in anyway lack being considered fixed, regular and adequate?

Definition of Homelessness Hotels and Motels Children who lack a fixed, regular, and adequate nighttime residence include those: Living in motels, hotels, trailer parks, camping grounds due to the lack of adequate alternative accommodations. Another type of homelessness would include students living in hotels or motels due to the lack of adequate alternative accommodations. This represents about 5.5% of the identified homeless youth in Texas.

Definition of Homelessness Shelters Children who lack a fixed, regular, and adequate nighttime residence include those: Living in emergency or transitional shelters. Students who are living in emergency or transitional shelters are also considered homeless and represent about 11.5% of the identified homeless youth in Texas.

Definition of Homelessness Public Spaces Children who lack a fixed, regular, and adequate nighttime residence include those: Living in a public or private place not designed for humans to live. The definition would also include students living in public or private places not designed for humans to live in. This would include sheds, abandoned buildings, cars, parks and more.

“Substandard” or Inadequate Housing Definition of Homelessness “Substandard” or Inadequate Housing Children who lack a fixed, regular, and adequate nighttime residence include those: Living in housing that is not able to perform its intended purpose. See the definition of “adequate” shared earlier. Students living in substandard housing are also considered homeless. This would include living in housing that is not able to perform its intended purpose.

“Substandard” or Inadequate Housing (continued) Definition of Homelessness “Substandard” or Inadequate Housing (continued) Communities vary - evaluate housing according to local standards/norms 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 (i.e., Section 8 criteria) Communities vary on how they evaluate local housing standards and norms. Sample considerations would include health and safety concerns (including running water and electricity), number of occupants per square foot, age of the occupants, and state and local building codes. Liaisons should collaborate with local housing agencies to establish guidelines that incorporate state and local legal requirements and community standards.

Migratory/Migrant Students Definition of Homelessness Migratory/Migrant Students Children who lack a fixed, regular, and adequate nighttime residence include those: Who are migratory or are in migrant student programs AND who lack a fixed, regular, and adequate nighttime residence. Migrant students are NOT homeless by virtue of their migrant status. Based on McKinney-Vento, migrant alone is not a qualifier for homelessness. Any migrant students housing should be evaluated to determine if it lacks being fixed, regular and adequate.

Definition of Homelessness Military Dependents Children who lack a fixed, regular, and adequate nighttime residence include those: Who are dependents of military parents or guardians AND lack a fixed, regular, and adequate nighttime residence as a result of a military deployment or similar reason. McKinney-Vento would also include dependents of military parents or guardians and lack a fixed, regular and adequate nighttime residence as a result of a military deployment or similar reason.

Absence of Legal Guardian Schools may not delay or deny enrollment due to lack of proof of legal guardianship, nor may they require caregivers to become legal guardians. So if Grandma shows up at the front office and she says, “I have charge of my grandchildren.” Are they homeless?

Homeless Children and Youth Are Categorically Eligible for… Title I services Free School Lunch However, not all charters have these programs.

Homeless Children and Youth Are Categorically Eligible for… If a charter does not receive Title I funds or provide any nutrition service, it is not required to do so for a homeless student. However, just because it isn’t mandated by law, does not mean that it’s not essential.

Going Beyond Mandates for Better Outcomes For example, a charter that provides no food service is not obligated to provide lunch to a homeless student. But many homeless students do not have access to nutritious food on a regular basis. Providing meals my not be required by law, but in order for such a student to succeed, it may be imperative that the charter provide some sort of access to food for homeless students that need it.

Going Beyond Mandates for Better Outcomes Access to food for a homeless student could be anything from setting up an onsite food pantry to helping the student access SNAP benefits. Again, there is no legal requirement to provide nutrition, but access to nutrition is essential for students to be able to succeed in school.

Going Beyond Mandates for Better Outcomes Another example—MV requires LEAs to appoint a homeless liaison. A charter might be able to satisfy that by appointing a liaison at the charter headquarters. However, if one charter has multiple campuses spread across a large geographic area, like the entire state of Texas, then it would be a good idea to have a homeless contact point at each physical location.

Liaison Duties LEA homeless liaisons must ensure that: School personnel providing McKinney-Vento services receive professional development and other support Children, youth and families have access to and receive educational services for which they are eligible, including Head Start, early intervention (IDEA Part C) and other preschool programs Children, youth and families receive referrals to health care, dental, mental health, substance abuse, housing and other services (i.e., SNAP, TANF) Local liaisons must ensure that:   School staff are trained in McKinney-Vento. Children, youth and families have access to and receive educational services including head start and preschool and also receive referrals to health care, dental, mental health, substance abuse, housing and other services.

Liaison Duties Liaisons must ensure that (continued): Disputes are resolved and assistance to access transportation is provided. Youth are enrolled in school and that procedures are implemented to identify and remove barriers that prevent them from receiving credit for full or partial coursework satisfactorily completed at a prior school, in accordance with state, local, and school policies. (TX-SB1494) Disputes are resolved and assistance to access transportation is provided.   Youth are enrolled in school and that procedures are implemented to identify and remove barriers that prevent them from receiving credit for full or partial coursework completed at a prior school, in accordance with state, local, and school policies.

Liaison Duties Liaisons must ensure that (continued): Liaisons themselves must participate in professional development and technical assistance as determined appropriate by the State Coordinator. 11432(g)(1)(F)(ii) Local LEA liaisons must participate in professional development and technical assistance as determined by the state coordinator.

Liaison Duties A directory of all LEA homeless liaisons can be found on the Texas Homeless Education Office’s URL (www.theotx.org) or on TEA’s ASKTed resource.

Transportation and School of Origin School of Origin--school that child or youth attended when permanently housed or last enrolled LEAs must adopt policies and practices to ensure transportation is provided to and from the school of origin School of origin transportation may cross district and state lines Feeder pattern schools and pre-school students are now included in the school of origin definition

School of Origin Transportation: Charter Schools If a student in a charter school loses his or her housing, the charter school must join with the zoned district to share the costs of school of origin transportation for a homeless student, even if the charter school does not normally transport other students.

Transportation If the student is enrolled in a charter school and the charter school transports its students, the charter school would be responsible for “comparable” transportation for the homeless student, even if the student is sleeping outside the district in which the charter school is located.

Transportation If the student is enrolled in a charter school and the local district provides transportation for the charter school’s students, the district would be responsible for “comparable” transportation of the homeless student, even if the student is sleeping outside the district in which the charter school is located.

Transportation To reiterate: If the charter school does not provide transportation to any student, they are still required to provide transportation to homeless students if the charter school is the school of origin Transportation must last the duration of homelessness or the end of the school year if the student becomes permanently housed (ESSA)

Students Without Records The McKinney-Vento Homeless Assistance Act requires schools to enroll homeless students immediately, even if they do not have the documents normally required for enrollment such as school records, medical records, proof of residency, or others.

Immunizations Homeless students have a 30 day grace period after enrollment to provide proof of immunization. In other words, they have 30 days in which to either obtain copies of immunization records or start the immunization process. If the child is 16 or older, unaccompanied, and providing their own support, they can consent to their own treatment. Texas Family Code, § 32.003(a)(2)(A) and (B)

Homeless Liaisons Help Procure Immunizations It is the Homeless Liaison’s job to make every effort to either get students to low or no cost clinics or to a LEA based health clinic if that is available Full documentation of efforts should be kept, especially if the effort to immunize is not successful

Special Education Students Use of existing ARD and IEP records Assignment of a surrogate parent or other responsible person to attend ARD Transfer of records from previous campus must be expeditious; counselors and homeless liaisons must ensure that charter schools give accurate and full transfer of credits and partial credits to students who are highly mobile

Title I Provisions Title I requires that districts provide services for children and youth who live in homeless situations These services should be based on an assessment of the needs of homeless students in the LEA, and upon the needs of the individual student

Title I Provisions Children and youth experiencing homelessness are automatically eligible to receive Title I services by virtue of their homelessness, even if they attend schools that are not Title I schools.

Title I, Part A Set-Aside ESSA requires that Title I, Part A set-asides support homeless students and youth. All campus improvement plans must describe how these resources will support homeless students at that campus (effective 2017-18) The Part A set-aside must meet the extraordinary needs of children in homeless situations, and may best be based on an assessment of homeless students’ needs (ESSA)

The Texas Homeless Education Office Trains school districts in how to help implement the McKinney-Vento Law Offers subgrants to education service centers, and school districts, including public charter schools, to support homeless students Answers questions about eligibility and services Supports districts with resources and materials

FAFSA Help Unaccompanied Homeless Youth (UHY) may apply for the FAFSA as “independent students”. This may dramatically increase their potential for loans and grants. The counselors and homeless liaison should inform UHY of this opportunity and guide their FAFSA application process. ESSA requires that UHY are informed of this law and receive assistance.

Web Resources Texas Education Agency (TEA):http://tea.texas.gov/Texas_Schools/Supp ort_for_At- Risk_Schools_and_Students/Education_of_Ho meless_Students/ Texas Homeless Education Office: www.theotx.org Region 10 Education Service Center: www.region10.org/mckinney-vento-homeless

Web Resources National Association of the Education of Homeless Children and Youth: www.naehcy.org National Center for Homeless Education (NCHE): www.nche.ed.gov National Law Center for Homelessness and Poverty: www.nlchp.org United States Department of Education; McKinney- Vento Program: www.ed.gov/OFFICES/CEP

Questions Call the Texas homeless education hotline 1-800-446-3142 www.theotx.org Thank you!