SETAUKET, N.Y. - It's called the McKinney-Vento Act, a federal law that says homeless students are entitled to enroll in school while any disputes about their homeless status proceed. Those are called "310 appeals" in New York.
Despite a couple of court rulings that said it should not, the New York State Education Department persists in allowing schools to dis-enroll students before their final appeal is ruled on, which sometimes takes over a year. This affects a student's stability, which depends in part on access to school.
Deborah Berger is an attorney who began trying to change this nearly a decade ago.
"I think that it's disgraceful," Berger says. "While you're deciding whether or not the child meets the requirements of McKinney-Vento, the child should not be dis-enrolled."
When invited to comment, a spokeswoman for the Education Department said, "Department practice is to not comment on matters involving litigation and commissioners' decisions in 310 appeals."
Many families simply accept having to enroll their child in a new school and, not wanting to uproot them twice, they will withdraw their appeal, so no final decision is ever issued. As a result, it is hard to know how many children have been affected by this practice.
Lisa Coleman, education and domestic violence attorney, National Law Center on Homelessness and Poverty, says she has seen no other states that have put up as much resistance as New York when it comes to the appeals process.
"They're still denying homeless children and families the opportunity to both appeal the decision of the Education Department and also attend school at the same time," Coleman says. "That is in direct contravention of the McKinney-Vento Act."
Coleman's group has twice in recent years represented Long Island families and children and won rulings that she says continue to be evaded by the state.
"We want to make sure that kids get access to schools now," she stresses. "New York State could easily remedy that issue just by simply changing their policy."
She says the Center will continue to look for homeless families to represent, in an effort to finally get a ruling that will be obeyed. In the 2012-2013 school year, more than 29,000 children were identified as homeless in New York State, according to The New York State Technical and Education Assistance Center.
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Education advocates are calling on lawmakers to increase funding for programs to combat the teacher shortage.
Around 37% of schools nationwide report being short at least one teacher. The problem is worse at schools serving high-poverty neighborhoods where more than half report a vacancy.
Susan Kemper Patrick, a senior researcher on the Educator Quality team at the Learning Policy Institute, said those numbers are troublingly high.
"At least 314,000 teaching positions across the U.S. are either unfilled or filled with teachers who are not fully certified for their assignments," she said. "This means at least one in ten teaching positions nationally are either unfilled or not filled with a certified teacher."
Data from the California Commission on Teacher Credentialing showed 10,000 teacher vacancies in the 2021-22 school year. The number of teacher credentials issued that year was down 16% from the previous year - but has now started to trend upward.
In 2023, California passed a bill to make it easier for retired teachers to return to the classroom.
Kemper Patrick noted that schools are resorting to desperate measures such as combining classes, relying on a virtual teacher or using a long-term substitute.
"The U.S. Department of Education School Pulse survey found that 36% of public schools across the U.S. reported that they had to increase class size due to teacher and staff vacancies," she said.
Kemper Patrick blamed the problem on low salaries, noting the average starting salary for a teacher nationwide is less than $43,000 a year. Congress is currently considering two bills, the Diversify Act and the Educators for America Act, which would double the amount of the Teach America grant from $4,000 to $8,000 per year.
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It's estimated that nearly half of all schools in the country don't have enough teachers. To help change that, the University of Texas in El Paso offers a residency program to help ensure that first-time teachers succeed.
The "Miner Teacher Residency" gives students in the College of Education an opportunity to work in elementary and middle schools alongside working teachers.
Clifton Tanabe, dean of the UTEP College of Education, was part of a recent national roundtable discussion on ways to solve the teacher shortage, and said the program gives future educators the skills they need to be ready for their first day of class.
"A third grader in a first-year teacher's classroom is only going to get to do third grade once, but that teacher will be able to do the third grade again and again," he explained. "So, we want them ready for that first group of third graders that they take on."
Tanabe added nearly half of the students enrolled in the program are first-generation college students and 70% are bilingual. He adds that mirrors the population of students in the public school system in El Paso, where 90% of the students are Hispanic. Most of the new teachers remain in the area, he said.
Many school districts have been forced to leave positions open, or fill them with teachers who are not fully certified. Some rural Texas districts have gone to a four-day school week. And some teachers are leaving the profession, citing increased workloads, low pay and concerns about safety.
According to Tanabe, teacher retention is directly related to being successful in the first two years on the job - and the UT program addresses this.
"So, folks who graduate from our residency model in their first and second years in teaching are set up with an instructional coach who's from the university, from the College of Education, to work with them on individualized instructional improvement," he continued.
The residency program is in its sixth year. It currently has 62 teachers working in five different school districts in the El Paso area.
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Ohio's Black students are more likely to face excessively harsh discipline practices such as expulsion and suspension, according to a recently released report from the Children's Defense Fund of Ohio.
The data show out-of-school suspensions and expulsions rose in every grade level from kindergarten through twelfth grade in the 2022-23 school year, compared with the previous academic year.
John Standford, state director for the Children's Defense Fund of Ohio, said economically disadvantaged students comprised 83% of all out-of-school suspensions.
"School districts really have to pay closer attention to the data and really screen the data, review the data, on a regular basis to really begin to address the issues of inequities," Standford urged.
Last year saw 174,000 cases of total suspension or expulsion among low-income students compared to 35,000 cases among students who do not qualify as economically disadvantaged. According to the report, Black females in Ohio were six times more likely to receive out-of-school suspensions than their white female peers. Black males were also more than four times more likely to be suspended or expelled than their white male peers.
Kim Eckhart, research manager for the fund, said she understands the difficulties teachers face. She hopes the report encourages districts across the state to support schools with the resources and time needed to address behavioral problems restoratively.
"We need schools to be supporting teachers with additional time and space," Eckhart contended. "So that there is capacity to address these things, rather than just kicking the student out of the class, kicking them out of the school."
School discipline practices are also linked to Ohio's alarmingly high chronic absenteeism rates. According to the report, missing as little as two days of school per month can lead to chronic absence. More than 26% of Ohio students -- more than 400,000 children -- were chronically absent from school in the 2022-2023 school year, up by nearly half from the 2018-19 school year.
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