The American School Counselor Association

“Working with Undocumented Students”Position Statement Draft

CESCaL ConferenceSupporting Access to Higher Education for Immigrant & Undocumented Students

Monday, April 24 – Tuesday April 25, 2017

Presenters

• Mark Boggie, M.Ed. • Assistant Dean Student Services, Cochise College, Sierra Vista, AZ

• Co-Chair ASCA Position Statements Committee

• Eric R. Blanco, M.S., P.P.S.• CASC President 2016-2017

• School Counselor, Ernest Righetti H.S.

• ASCA Position Statement Committee Member/Contributor

Our PurposeWhy are we here?

Purpose

• Provide basic information regarding immigrant and undocumented students

• Survey the current, adopted ASCA Position Statements

• Examine the ASCA process in developing and adopting Position Statements

• Review the DRAFT ASCA Position Statement “Working with Undocumented Students”

• Solicit feedback from participants regarding the DRAFT content

The ProblemMaterials in this section provided by: David H. K. Nguyen, JD, PhD – University of North Dakota – An Update on Federal and State Laws and Policies for Undocumented/DACAmented Students: What Professionals Should Know A presentation at the UNT Law Conference Monday, March 27, 2017-with permission

Quick Facts

• 11 – 12 million undocumented immigrants (Pew Research Center)

• 1.5 million Asian & Pacific Islanders; 575,000 black immigrants, 267,000 undocumented LGBTQ immigrants

• 4.5 million citizens have at least one undocumented parent

• 1 in 17 children live in mixed-status families

• 1.1 – 1.4 million undocumented students in the U.S.

• 7,000 – 13,000 undocumented students enrolled in college (2012)

• Some institutions ban applications and most are ineligible for most student aid

• Resident v. non-resident tuition: Δ $20,000/yr.

Undocumented Immigration: Countries of Origin (2012) U.S. Department of Homeland Security

1,760,000

160,000

170,000

210,000

230,000

260,000

310,000

360,000

560,000

690,000

6,720,000

11,430,000

0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000

Other Countries

Vietnam

Ecuador

China

Korea

India

Phillipines

Honduras

Guatemala

El Salvador

Mexico

All Countries

Chart Title

Plyler v. Doe (1982) & K-12 guarantee

• 1975 Texas law: all children must be “legally admitted” or withhold of funds from districts - states cannot constitutionally deny students a free public education on account of their immigration status

• 1977: Mexican-American children attempt to enroll in Tyler ISD

• Found that denying access was a violation of 14th Amendment Equal Protection Clause (no state shall deny to any person within its jurisdiction "the equal protection of the laws“)

• Judge Brennan: Without education, underclass would be created

• All students, without regard to status, are afforded a basic public education

Is the Plyler guarantee being fulfilled?

• States & districts have still created barriers

• 1994 proposed CA Prop. 187

• AZ SB 1070 (2010) & AL HB 56 (2011)

• Track and report undocumented students

• 49% of undocumented students drop out of high school (Potochnick, 2014)

“[D]enying these children a basic education" would "deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the

smallest way to the progress of our Nation.” - Plyler v. Doe (1982)

Federal Legislation

Date Legislation

1965 Higher Education Act requires legal residency for federal aid

1996 IIRIRA (Sec. 505): denial of social/welfare benefits for undocumented if not afforded to legal nationals

2001 – 2011 Versions of the DREAM Act

2012 DACA (Deferred Action for Childhood Arrivals) executive order

2014 DAPA (Deferred Action for Parental Accountability) and expanded DACA

2015 DAPA blocked by injunction

2017 Illegal Immigration Executive Order

Activity

Think – Pair – Share

What are the issues you see in your state/district/school?

Consider your unique situation, share with someone sitting near you, share with the group.

State Action

• 19 states implemented state action permitting resident in-state tuition

• 4 boards of regents have acted

• 7 states have allowed state financial aid

• 6 states have actively prohibited in-state tuition or enrollment

State action: in-state tuition permitted19 states have acted permitting resident instate tuition

California New York Utah

New Jersey Florida Washington

Texas Oklahoma Virginia

Illinois Kansas New Mexico

Nebraska Wisconsin Maryland

Connecticut Minnesota Oregon

Colorado

State action: in-state tuition prohibitedOverview of State Actions Banning In-State Tuition or Enrollment for Undocumented Students

State Year Adopted Notes

Arizona 2006

Georgia 2008

South Carolina 2008 This is not a ban on in-state tuition for undocumented students. Instead students must prove that they are in the country legally to enroll at public institutions of higher education.

Indiana 2011 H.B. 1402 & S.B. 590 prohibited resident tuition rates for all undocumented students among other antiimmigration measures. In 2013, S.B. 207 passed to grandfather those enrolled in 2011 to receive in-state tuition.

Alabama 2011 Same as South Carolina, however there are explicit rules disallowing enrollment by undocumented students

North Carolina 2009 The state has a checkered history on this front changing it policy at least five times since 2001. Currently, if a student can pay out-of state tuition and has graduated from a North Carolina high school they can legally enroll at community colleges in the state

State action: state financial aidOverview of States Allowing State Financial Aid to Undocumented Students

State Year Adopted Notes

Texas 2001

New Mexico 2005 S.B. 582 allows state-funded financial aid; attempts to repeal this law have been unsuccessful (H.B. 173).

California 2013 A.B. 131, or the California Dream Act, grants “Cal Grants,” fee waivers, and institutional student aid programs.

Minnesota 2013 H.F. 875, or The Prosperity Act, affords in-state tuition, state financial aid, and privately funded institutional financial aid.

Oregon 2013 Eligible to apply for state financial aid programs

Colorado 2013 Colorado ASSET program requires an affirmation of applying for legal status or will apply when eligible

Washington 2014 State Need Grant is available to those lawfully present through DACA

Deferred Action for Childhood Arrivals (DACA)• More than 800,000 have applied

• Before 16 years, younger than 31, and before June 2007

• 2-year renewal

• Prosecutorial discretion through executive order

• Provides certain benefits

• SSN, employment, driver’s licenses

• Not a pathway to citizenship

• Free, but other expensive applications & fees

• Many do not apply out of fear

Recent Headlines

“House Democrats ask Trump administration to remind schools that they must educate undocumented children” – Washington Post –Emma Brown April 3 http://wapo.st/2nycaRm?tid=ss_mail

“Survey Finds College Applications from International Students Down” - (US News) by Lauren Camerahttp://www.testprepprofessionals.com/survey-finds-college-applications-from-international-students-down/

“First protected DREAMer is deported under Trump” - Alan Gomez and David Agren, USA TODAY Published 4:45 p.m. ET April 18, 2017 | Updated 9:26 p.m. ET April 18, 2017https://www.usatoday.com/story/news/world/2017/04/18/first-protected-dreamer-deported-under-trump/100583274/

CASC Efforts to Assist Students

• CASC has created an undocually sticker that was unveiled last week and this week here at CESCAL Conference.

• Display sticker in your office to create Safe place/Safe zone

• Send message to our undocumented youth that they belong, they matter and we want to stand by them as they make their dreams reality.

• Connect students to resources and information to increase access to college knowledge, financial aid, and their rights.

• Help them manage their stress/anxiety/fears

• Let students know that you are an advocate for all students regardless of citizenship status.

Activity

Think – Pair – Share

What resources do you have available to you in your school/district/state?

Consider your unique situation, share with someone sitting near you, share with the group.

BackgroundASCA’s Position Statements

ASCA’s Current Position Statements

• Academic and College/Career Planning -2013

• Annual Performance Evaluation - 1999

• Bullying, Harassment and Violence-Prevention Programs - 2011

• Character Education - 2016

• Child Abuse and Neglect Prevention - 2015

• College Access Professionals - 2016

• Comprehensive School Counseling Programs - 2012

• Confidentiality – 2014

• Corporal Punishment in the Schools - 2012

• Credentialing and Licensure - 2015

• Cultural Diversity - 2015

• Discipline - 2013

• Equity for All Students - 2012

• Gender Equity - 2014

• Gifted and Talented Student Programs -2013

• Group Counseling – 2014

• HIV/AIDS/STD - 2012

• Identification, Prevention and Intervention of Behaviors That Place Students At Risk -2011

• LGBTQ Youth - 2016

ASCA’s Current Position Statements

• Multi-tiered Systems of Support - 2014

• Peer Support Programs - 2015

• Promotion of Safe Schools through Conflict Resolution and Bullying/ Harassment Prevention – (Crisis/Critical Incident Response in the Schools) – 2016

• Retention, Social Promotion and Age-Appropriate Placement - 2012

• School Counseling Preparation Programs -2014

• School-Family-Community Partnerships - 2016

• Student Mental Health - 2015

• Student Post-Secondary Recruitment - 2015

• Student Safety and the Use of Technology -2012

• Students with Disabilities - 2016

• Test Preparation Programs - 2012

• Transgender/Gender-Nonconforming Youth - 2016

• Trauma-Informed Practice - 2016

• Use of Non-School-Counseling-Credentialed Personnel - 2012

• Use of Support Staff in School Counseling Programs - 2013

Activity

Think – Pair – Share

How would you use/have you used the ASCA Position Statements?

Consider your unique situation, share with someone sitting near you, share with the group.

ASCA’s Draft Position Statements - 2017

• High Stakes Testing (Revised 2014, Archived 2016)

• Individual Student Planning (formerly Academic and College/Career Planning - 2013)

• Virtual School Counseling

• Career Development

• Academic Development

• Social/Emotional Development

Process

The American School Counselor Association creates and maintains position statements based on the following criteria:

• The issue has an impact on students in one or more of the following areas: 1. academic development2. personal/social development3. career development

• Activities provided by a professional school counselor within a comprehensive school counseling program may create differences in educational philosophy

• The issue is of national interest

• The issue arises in the regular course of the school counseling position

Process

Characteristics of Effective Position Statements

• Brief – typically, ASCA’s position can be stated in 2 sentences, the entire statement is one page in length

• Includes current (5 year window) and relevant research

• Consistent with other ASCA documents as appropriate

• Clearly defines the role of the school counselor related to the position

• Addresses ASCA and the school counseling professions’ belief and philosophy

• Consistent with ASCA’s Ethical Standards

Process

• Revising Current Statements• Archiving Statements

• Creating New Position Statements• Suggestions/Ideas typically come from:

• Delegate Assembly

• ASCA Governing Board

• ASCA Members

• Other Associations/Groups with a vested interest

ContentThe School Counselor and Working with Undocumented Students

(Draft 2017)

ASCA Position

American School Counselor Association (ASCA) Position

School counselors promote equal opportunity, a safe and nurturing environment, and respect for all individuals regardless of citizenship status, including undocumented students, understanding that this population faces a unique set of stressors. School counselors work to eliminate barriers that impede student development and achievement and are committed to the academic, social/emotional and career development of all students.

ASCA Position

American School Counselor Association (ASCA) Position (continued)

The ASCA Ethical Standards (2016) state: “School counselors are advocates, leaders, collaborators and consultants who create systemic change by providing equitable educational access and success by connecting their school counseling programs to the district’s mission and improvement plans. School counselors demonstrate their belief that all students have the ability to learn by advocating for an education system that provides optimal learning environments for all students” (p. 1).

The Rationale

The U.S. Supreme Court case Plyer v. Doe (1982) prohibited states from denying undocumented children a public K-12 education. According to the ruling, denying them that education would create a “lifetime of hardship” for undocumented children and a “permanent underclass” of individuals (Eusebio & Mendoza, 2015).

Educators have been at the forefront of implementing the recent immigration policy known as Deferred Action for Childhood Arrivals (DACA), not just in supporting undocumented students in gathering documentation for their DACA requests, but also in advising them on the many academic, career and personal opportunities that could be made possible by obtaining DACA (Avila & Zellner, 2015).

The Rationale (continued)

A comprehensive school counseling program is an integral component of the school’s academic mission. Comprehensive school counseling programs, driven by student data and based on standards in academic, career and social/emotional development, promote and enhance the learning process for all students. The ASCA National Model ensures equitable access to a rigorous education for all students. . The ASCA National Model ensures equitable access to a rigorous education for all students. Undocumented students deserve the same services as all other students, but face social, financial, and legal barriers. These students need support to feel safe, in addition to needing assistance to find funding for any post-secondary educational goals, due to lack of Title IV Federal financial aid: grants, student loans, work-study.

Many students experience stressors due to:• Separation from family• Acculturation issues• Language barriers and interpretation for families• Fear about detention and deportation or family members’ detention and deportation• Caretaker roles for family members• Concerns about their futures• Understanding how to navigate college access and availability to them• Marginalization due to mixed cultures• PTSD due to traumatic immigration events• Retraumatization

The Rationale (continued)

Connecting with a school counselor will alleviate many of these stressors and fears, especially when individual counseling addresses the students’ concerns. Having access to a qualified professional school counselor builds a support system needed at any age and will enable students to develop goals for their futures and feel safe. School counselors recognize that all of these stressors can be alleviated by intervention from a professional school counselor.

The School Counselor Role

School counselors focus their skills, time and energy on direct and indirect services to all students, regardless of their citizenship, national origin, race, color, gender, sexual orientation, socio-economic status, or any other demographics. School counselors participate as members of the educational team and use the skills of leadership, advocacy and collaboration to promote systemic change as appropriate. Supporting all students with a variety of needs, may include a diverse skill set, including knowledge about many legal factors affecting students.

“Undocumented youth, in particular, can experience high levels of acculturative stress from immigration-related issues such as separation from family and academic difficulties. The psychological costs of family separation, associated with the migration process and with U.S. immigration procedures such as detention and deportation, are well documented and, among children, may include symptoms of depression and anxiety” (U.S. Department of Education, 2015).

The School Counselor Role (continued)

The role of the school counselor includes: •advocating for the rights of undocumented students, ensuring that students are not barred from education based on foreign birth certificates, lack of a social security number, or a home language other than English;•working with other district personnel, so that any information collected is uniformly applied to all students and not used to discriminate or bar certain students access to education;•supporting undocumented students by helping them gain access to an equitable education that meets their needs, such as ELL services, if necessary; •supporting the family with questions about educational access and rights;•assisting students with seeking post-secondary goals, navigating college access, and finding funding for their goals; •working with community resources for support to keep families intact while supporting students who may not have access to parent because families are separated due to the potential enforcement of borders; and •ensuring schools are a safe haven for undocumented students and will not divulge confidential information to any outside agencies without proper legal documentation.

Summary

School counselors understand that undocumented students face additional legal, financial, and social stressors and need additional support with these barriers as well as assistance with post-secondary goals. School counselors have a responsibility to provide services to all students regardless of their citizenship status, advocate for their access to services, and to prevent discrimination against students by removing barriers impeding student development and achievement.

References and Resources

References

American School Counselor Association, (2016). ASCA ethical standards for school counselors. Alexandria, VA: Author. Retrieved from http://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Eusebio, C., & Mendoza, F. (2015). The case for undocumented students in higher education. San Francisco, CA: Educators for Fair Consideration. Retrieved from http://www.e4fc.org/images/E4FC_TheCase.pdf

Avila, K. & Zellner, M. (2015). Deferred action for childhood arrivals (DACA): Toolkit for educators. San Francisco, CA: Educators for Fair Consideration. Retrieved from http://e4fc.org/images/E4FC_DACAEducatorToolkit.pdf.

Plyler v. Doe, 457 U.S. 202 (1982).

U.S. Department of Education. (2015). Resource guide: Supporting undocumented youth. Washington D.C.: Author. Retrieved fromhttps://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf

Resources

Chicago Pulic Schools & Choose Your Future. (2016). Undocumented Students. Chicago, IL: Author. Retrieved from https://chooseyourfuture.cps.edu/high-school-college-career/undocumented-students/

Suárez-Orozco, C., Bang, H. J., & Kim, H. Y. (2011). I felt like my heart was staying behind: Psychological implications of family separations & reunifications for immigrant youth. Journal of Adolescent Research, 26(2), 222-257. doi:10.1177/0743558410376830

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