essa updates for: homeless, foster care, students living ... essa...awaiting foster care placement...
TRANSCRIPT
Slide 1
ESSA Updates for:
Homeless, Foster Care,
Students Living with a
Non-Parent Caretaker
Texas Homeless Education Office
Slide 2
ESSA requires training of homeless
education personnel across the state!
Please register for this training
electronically. Use any electronic device to
log on to:
http://www.region10.org/mvhpd
ESSA Requires Training!
Thank you!
Slide 3
The following screen will display:
http://www.region10.org/mvhpd
The Every Student Succeeds Act (ESSA)
Working with the Texas Education Code
State of Texas Data at a Glance
ESSA Provisions
The 84th Texas Legislature & Texas Education Code Changes
4
Slide 5
2014-15 Texas Student Data (TEA)
Total student enrollment in public schools: 5,232,065
Total students economically disadvantaged: 3,068,820
Economically disadvantaged student rate: 58.8%
Total homeless students enrolled: 113,063
Elementary and Secondary Education Act
Reauthorization – Status Update
Prior ESEA reauthorization was in 2001 – No Child Left Behind Act.
ESEA reauthorized in 2015 by the Every Student Succeeds Act (ESSA)
Most McKinney-Vento provisions went into effect 10/1/16
6
ESSA Timeline
7
Timeline for Implementation of the Homelessness and Foster Care Provisions in
the McKinney-Vento Act and Title I Part A,
as amended by the Every Student Succeeds Act of 2015
April5,2016
McKinney-VentoActTimeline
October1,2016 AllamendmentstotheMcKinney-VentoActtakeeffect,exceptthedeletionof“awaiting
fostercareplacement”fromthedefinitionof“homelesschildrenandyouths.”
December10,2016 “Awaitingfostercareplacement”isdeletedfromthedefinitionof“homelesschildren
andyouths”ineverystateexceptAR,DEandNV.1
December10,2017 “Awaitingfostercareplacement”isdeletedfromthedefinitionof“homelesschildren
andyouths”inAR,DEandNV.2
TitleI,PartATimeline
Effective
December10,2016
(orbythestartof
the2017-18school
year).3
LEAsthatreceiveTitleIPartAfundsmustcollaboratewithchildwelfareagenciestodevelopand
implementproceduresforhowtransportationtomaintainfosteryouthintheirschoolsoforigin,
whenintheirbestinterest,willbeprovided,arrangedandfunded,includingusingchildwelfare
fundingtopayforsuchtransportation,andLEAsprovidingsuchtransportationif:
• Theyarereimbursedbythechildwelfareagency;
• TheLEAagreestopaythecosts;or
• TheLEAandthechildwelfareagencyagreetosharethecosts.
Effectivewhen
statesandLEAs
beginusingFY
2017funds.4
Nolaterthanthe
startofthe2017-
18schoolyear.
AllStateTitleIPlanamendments,includingtherequirementsthat:
• Statereportcardsdisaggregategraduationratesandacademicachievementofhomeless
childrenandyouth.
• Stateplansdescribecollaborationwiththestatechildwelfareagencytoensurefoster
youthcanremainintheirschooloforiginifintheirbestinterest,orenrollimmediatelyin
anewschool.
• SEAsdesignateapointofcontactforchildwelfareagencies,whomaynotbethe
McKinney-VentoStateCoordinator.
LEATitleIPlanamendments,includingtherequirementsthat:
• AllLEAsthatreceiveTitleIPartAfundsmustreservefundstosupporthomeless
students.
• TheamountofTitleIfundsreservedforhomelesschildrenandyouthmaybe
determinedbasedonaneedsassessment,andmustbebasedonthetotalallocation
receivedbytheLEAandreservedpriortoanyallowableexpenditureoftransfersbythe
LEA.
• LEAsthatreceiveTitleIPartAfundsmustdesignateapointofcontactforthelocalchild
welfareagency,ifthelocalchildwelfareagencynotifiestheLEA,inwriting,thatithas
designatedapointofcontactfortheLEA.
1ESSA,§9105(b)(1).Inpractice,thischangemeansthatasofDec.10,2016,childreninanystageoffostercareproceedingswillnot
beeligibleforMcKinney-VentoActprotectionsfor“homelesschildrenandyouths”byvirtueoftheirinvolvementinthechild
welfaresystem.AsofDec.10,2016,childreninthechildwelfaresystemwillbeconsideredpermanentlyhousedforthepurposes
oftheMcKinney-VentoAct,unlesstheymeettheotherelementsofthedefinitionof“homeless.”Studentswhowereidentifiedas
“awaitingfostercareplacement”fromthefirstdayofthe2016-17schoolyearuntilDec,9,2016,willremaineligibleforMcKinney-
Ventoservicesprovidedtoformerlyhomelessstudentswhoarenowpermanentlyhoused,fortherestofthe2016-17schoolyear.2ESSA,§§9105(b)(2),(c).
3ESSAspecifiesthisprovisiontakeseffectDecember10,2016(oneyearfromenactment).However,Section312ofthe
ConsolidatedAppropriationsActof2016(Pub.L.114-113)prohibitstheuseofFY2016fundstoimplementESSAamendments.At
thesametime,ESSAgivesEDtheauthoritytotakestepsforan“orderlytransition”tothenewlawinthe2016-2017schoolyear.4AmendmentstoTitleI,PartAwilltakeeffectafterthe2016-2017academicyear,pursuanttotheConsolidatedAppropriations
Actof2016(Pub.L.114-113),§312.
McKinney-Vento Act Amendments:
State Coordinators
States must designate State Coordinators who can “sufficiently carry out their duties.”
State coordinators must:
Conduct monitoring of local educational agencies (LEAs) for implementing MV & Title I homeless education provisions.
Publish annually updated list of liaisons on State Education Agency (SEA) website.
Respond to inquiries from homeless parents and unaccompanied youth.
8
McKinney-Vento Act Amendments:
State Coordinators
State coordinators must:
Post the number of homeless children and youth on the SEA website annually.
Collect and submit data that the McKinney-Vento Act requires the Secretary to submit to Congress.
9
McKinney-Vento Act Amendments:
State Coordinators
State coordinators must:
Ensure that homeless liaisons are trained
Ensure that homeless liaisons are training
district staff
Such training must include information on
USDE federal definitions of homelessness.
10
Definition: Who is Covered?
Children who lack a fixed, regular, and adequate nighttime residence— 11434a(2)
Living in emergency or transitional shelters.
[10% of identified MV students in 2014–15]
Living in a public or private place not designed for humans to live.
Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations.
[Motels: 6% of identified MV students in 2014–15]
11
Children who lack a fixed, regular, and adequate nighttime residence—
Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or similar settings. (4%)
Migratory children living in above circumstances.
Awaiting foster care placement (until 12/10/16).
Sharing the housing of others due to loss of housing, economic hardship, or similar reason –doubled-up [80% of MV students in 2014–15]
Definition
12
Slide 13
Primary Nighttime Residence at Time of Enrollment
113,063 = Texas Total
Students
Identified
3%7%
11%
79%
TexasStudentsExperiencingHomelessnessbyLivingSitua on2014-2015
Unsheltered=
3,869
Hotel/Motel=
7,250
Shelters=12,098
DoubledUp=
89,807
Homeless Liaison
McKinney-Vento requires a homeless liaisons be appointed in
every school district for certain duties:
Conduct outreach efforts
Autonomy to identify and certify as homeless
Role as homeless student advocate
Assist with enrollment and help settle enrollment
disputes – districts must have a dispute process –TASB
Connect students to district and community services,
such as transportation, nutrition, housing, resources
McKinney-Vento Act Amendments:
Local Liaisons
Local liaisons must:
Be able to carry out their duties described
in the law.
Outreach: Disseminate public notice of
McKinney-Vento rights in locations
frequented by parents, guardians, and
unaccompanied youth, in a manner and
form understandable to parents,
guardians, and youth.
15
McKinney-Vento Act Amendments:
Local Liaisons
Local liaisons must:
Ensure that school personnel providing
McKinney-Vento services receive
professional development and other
support.
Collect and provide to the State
Coordinator information needed to fulfill
the data collection required by the Act.
16
School Choice
School of Origin is defined as the school the student
was attending when they became homeless, or the last
school that they attended.
Homeless students may remain in their school of
origin –or
may enroll in their residency zoned school.
School choice information should be given when a
student enrolls or when a student withdraws. Parents
and students must be informed of their rights.
McKinney-Vento Act Amendments:
School Stability LEAs must :
Make a determination about which school is in the
child or youth’s best interest to attend, with a
presumption that staying in the school of origin is in
the child or youth’s best interest.
Consider student-centered factors related to the
child’s or youth’s best interest.
Give priority to the wishes of parents, guardians,
and unaccompanied youth.
Provide a written explanation, including the right to
appeal, if, after the determination, the LEA
determines school of origin, or the school
requested, is not in best interest.
18
McKinney-Vento Act Amendments:
School Stability
The definition of school of origin includes the
designated receiving school at the next grade
level for all feeder schools, when a student
completes the final grade level served by the
school of origin.
The definition covers PreK students.
Mandates school of origin transportation.
When a student obtains permanent housing,
transportation to the school of origin must be
provided until the end of the academic year.
19
McKinney-Vento Amendments:
Enrollment Barriers
Homeless children and youth must be enrolled in school immediately, without records, documentation, or immunizations even if the student has missed application or enrollment deadlines during any period of homelessness.
Unaccompanied youth must be enrolled without parent or guardian signature or presence
SEAs and LEAs must develop, review, and revise
policies to remove barriers to the identification,
enrollment, and retention of homeless students in
school, including barriers due to fees, fines, and
absences.
20
McKinney-Vento Amendments:
Disputes -1
If a dispute arises over eligibility, or school selection or enrollment in a school:
1. The child or youth shall be immediately enrolled in the school in which the parent, guardian or unaccompanied youth seeks enrollment, pending final resolution of the dispute, including all available appeals.
21
McKinney-Vento Amendments:
Disputes - 2
2. The parent or guardian of the child or youth (in the case of an unaccompanied youth) shall be provided with a written explanation of any decisions related to eligibility, school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions. – TASB Dispute Resolution documents at theotx.org
22
McKinney-Vento Amendments:
Academic Support and Extra-Curricular Activities
States must have procedures to:
identify and remove barriers that prevent youth
from receiving appropriate credit for full or partial
coursework satisfactorily completed while
attending a prior school.
ensure that homeless children and youth who
meet the relevant eligibility criteria do not face
barriers to accessing academic and
extracurricular activities, including magnet
school, summer school, career and technical
education, advanced placement, online learning,
and charter school programs. 23
McKinney-Vento Amendments:
Homeless Youth and College Readiness
State plans must describe how homeless youth
will receive assistance from school counselors to
advise, prepare, and improve their readiness for
college.
Local liaisons must ensure that unaccompanied
homeless youth:
are enrolled in school;
have opportunities to meet State academic
achievement standards, including implementing
procedures to remove barriers to credit accrual; and
are informed of their status as independent
students for financial aid and may obtain assistance
to receive verification for the FAFSA.
24
McKinney-Vento Amendments:
Preschool Children
State plans must include procedures that ensure
that homeless children have access to public
preschool programs, administered by the SEA
or LEA, as provided to other children.
Liaisons must ensure homeless families and
children can access early intervention services
under IDEA Part C, if eligible.
The definition of school of origin includes
preschools.
25
McKinney-Vento Amendments:
Identifying Homeless Children and Youth
Identification (eligibility) of homeless children and
youth is added to:
The activities and services for which state grants must
be used.
The professional development activities for liaisons and
other school personnel that States must provide.
The list of barriers that SEAs and LEAs must regularly
review and revise.
The purpose of coordination among liaisons and
community and housing agencies.
The purpose of LEA subgrants.
26
McKinney-Vento Amendments: Homeless Children and Youth with
Disabilities
LEAs must coordinate McKinney-Vento and
special education services within the LEA,
and with other involved LEAs.
27
McKinney-Vento Amendment: Privacy
Confidentiality: Schools must treat
information about a homeless child’s or
youth’s living situation as a student
education record, subject to all the
protections of the Family Educational Rights
and Privacy Act (FERPA).
28
McKinney-Vento Amendments:
Housing and HUD Homeless Assistance
Liaisons must refer homeless families and
students to housing services, in addition
to other community services.
29
McKinney-Vento Subgrant Applications
Added to quality criteria: the extent to
which the LEA uses the subgrant to
leverage resources, including maximizing
nonsubgrant funds for the position of the
liaison and the provision of transportation,
and how the LEA uses Title IA set-aside
funds to serve homeless children and
youth.
30
McKinney-Vento Subgrants: Use of Funds
McKinney-Vento subgrant funds may be
used to attract, engage, and retain
homeless children and youth who are not
enrolled in school.
McKinney-Vento subgrant funds may be
used for extraordinary or emergency
assistance needed to enable homeless
children and youths to attend school and
participate fully in school activities.
31
Title I, Part A Amendments:
State and Local Plans
Local Title I plans must describe the services the
LEA will provide to support the enrollment,
attendance, and success of homeless children
and youth, including services provided with the
Title I homeless reservation, in coordination with
the services the LEA provides under the
McKinney-Vento Act.
32
Title I Part A Amendments:
Reservation of Funds
All LEAs that receive Title I Part A funds must
reserve funds to support homeless students.
The amount of Title I funds reserved for
homeless children and youth:
must be based on the total allocation and
reserved prior to any allowable expenditure of
transfers.
may be determined based on a needs
assessment.
may be used for services not ordinarily provided
by Title I, including local liaisons and
transportation to the school of origin.
33
Title I Part A Amendments:
State Report Cards
State report cards must include
disaggregated information on the
graduation rates and academic
achievement of homeless children and
youth, and children and youth in foster care.
34
Title I Part A Amendments:
Foster Care – the Short Version
Creates new Title I, Part A assurances that will
provide ALL children in any stage of foster care
proceedings with McKinney-Vento-like rights
and protections.
LEAs are not required to provide school of origin
transportation, if there are additional costs,
unless they are reimbursed by the child welfare
agency or agree to provide it.
Removes awaiting foster care placement from
the McKinney-Vento Act 12/10/16.
35
Title I Part A Amendments:
Foster Care – State Title I Plans (1)
State Title I Plans must describe the steps
the SEA will take to ensure collaboration
with the State child welfare agency to
ensure the educational stability of children
or youth in foster care including assurances
that:
1. Foster youth are enrolled or remains in
their school of origin, unless a
determination is made that it is not in their
best interest;
36
Title I Part A Amendments:
Foster Care – State Title I Plans (2)
2. The determination must be based on best
interest factors, including consideration of
the appropriateness of the current
educational setting, and the proximity
to the school in which the child is enrolled
at the time of placement; and
3. When a determination is made that it is
not in the best interest to remain in the
school of origin, the child must be
immediately enrolled in a new school.
37
Title I Part A Amendments:
Foster Care – State Title I Plans (3)
The SEA designates a point of contact for
child welfare agencies, who will oversee
implementation of the SEA
responsibilities.
The SEA point of contact may not be the
same person as the state coordinator for
homeless children and youth under the
McKinney-Vento Act.
38
Title I, Part A Amendments on Foster Care:
Local Title I Plans – Points of Contact
Local Title I plans must contain an
assurance that the LEA will collaborate with
the state or local child welfare agency to:
designate a point of contact (Foster Care
Liaison) if the corresponding child welfare
agencies notifies the LEA, in writing, that it
has designated a point of contact for the
LEA – (Education Decision-Maker).
39
Title I, Part A Amendments on Foster Care:
Local Title I Plans – Transportation
Local Title I plans must contain an assurance
that the LEA will collaborate with the state or
local child welfare agency to:
Within one year of enactment (12/10/16),
develop and implement procedures for how
transportation to maintain foster youth in their
schools of origin, when in their best interest,
will be provided, arranged and funded.
40
Title I, Part A Amendments on Foster Care:
Local Title I Plans – Transportation
Local transportation procedures must:
1. Ensure that foster youth who need
transportation to the school of origin
promptly receive it in a cost-effective
manner, and in accordance with the
child welfare agency’s authority to use
child welfare funding available under
section 475(4)(A) of Title IV-E of the
Social Security Act to provide
transportation. 41
Title I, Part A Amendments on Foster Care:
Local Title I Plans – Transportation
Local transportation procedures must:
2. Ensure that if there are additional costs
incurred in providing transportation to the
school of origin, LEAs will provide it if:
They are reimbursed by the child welfare
agency;
The LEA agrees to pay the costs; or
The LEA and the child welfare agency
agree to share the costs.
42
Effective Dates
The following provisions take effect on December 10, 2016:
The requirement that State Title I Plans describe the steps a SEA will take to ensure collaboration with the State child welfare agency to ensure the educational stability of children in foster care, including assurances that those children can remain in their school of origin if in their best interest and be immediately enrolled in a new school when not staying in their school of origin.
The requirement that SEAs designate a foster care point of contact, who shall not be the McKinney-Vento State Coordinator. 43
Effective Dates
The following provisions take effect on December 10, 2016:
The requirement that LEAs collaborate with child welfare agencies to develop and implement written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged and funded (with LEAs to pay additional costs only if reimbursed by child welfare agencies or if the LEA agrees to pay or share costs).
44
Effective Dates
LEAs should designate foster care points of contact by December 10, 2016 if the corresponding child welfare agency has informed the LEA in writing that it has designated a point of contact for schools
Guidance suggests LEAs designate points of contact “in an expedited manner”
In Texas these provisions are already in place:
Texas already requires a Foster Care Liaison in every school district.
Texas requires an Education Decision-Maker designated by CPS
45
Non-Regulatory Guidance
References the Fostering Connections to Success and Increasing Adoptions Act of 2008, which requires child welfare agencies to:
Include a plan for ensuring educational stability in every child’s case plan.
Ensure the placement of each child in foster care takes into account the proximity of the placement to the child’s school.
Coordinate with LEAs to ensure each child in foster care can remain in the school of origin if in his/her best interest.
46
Non-Regulatory Guidance:
Definition of “child in foster care”
“24-hour substitute care for children placed away from their parents or guardians and for whom the child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child….” (q. 1)
47
The Texas 84th
Legislature: A recap of
laws impacting homeless
children and youth
2/2015
HB: 679
Directs a Texas study on homeless youth to be
conducted by TDHCA and other members of TICH
(TNOYS will lead the effort) to identify:
1. the number of homeless youth (under 19 years old) in
TX
2. the needs of these homeless youth
3. the extent to which current programs meet those
needs
4. funding sources to provide services
5. a strategic plan with steps and timelines for reducing
youth homelessness in TX
Texas Education Code (TEC) Chapter 33,
Subchapter Z, Section 33.906.
(HB 1559)
Requires any school with a website to post on it, information regarding local services and programs that assist homeless students
The information must be easily understandable in English and Spanish
The information must be easy to find on the site
Any school within a district that has fewer than 3,000 students and is in a county with a population less than 50,000 is exempted
2/2015 \
HB 2398/TEC 25.0915
Decriminalizing Truancy
1. The truancy charge may be dismissed if there is “sufficient
justification for failing to attend school” (Article 45.0513 code of
Criminal Procedure), homelessness could be identified as a
justification
2. Increases the age from 18 to 19 for mandatory school
attendance (ED Code: 25.085(b)
3. A school district may not refer a student to truancy court if the
school determines the student’s truancy is the result of:
pregnancy
being a foster child
being homeless
being the principal earner for the family (25,0915(B)(2)(a-3)
HB 2398/TEC 25.0915
4. Defines “parent” to include “a person
standing in parental relation”
5. Gives school districts the leeway to delay or
not refer for truancy if:
a. The district is applying truancy prevention measures,
and
b. The district determines the measures are succeeding
and
c. The district determines it is in the best interest of the
student to delay or not make the referral
6. Effective September 1 2015
HB 1804/TEC 25.007
Assists students in substitute care with school transitions
10 days for schools to send records
Develop systems to ease transitions
Develop systems for awarding partial credit from current and previous school
Promote practices that facilitate access to extracurricular, summer and credit accrual programs for students in substitute care
2/2015 \
HB 1804/TEC 25.007
Encourage school districts to provide services for students in substitute care when applying for post secondary study and financial aid
Requires acceptance of special education referrals from the previous school
Requires notice to the education decision-maker and caseworker regarding certain events that significantly impact the child’s education
Develop procedures for allowing the student to complete a course that is required for graduation at no cost and before the beginning of the next year
2 \
HB 1804/TEC 25.007
Ensure that a student not likely to graduate prior to the fifth year following 9th grade enrollment has his/her credit accrual and personal graduation plan reviewed
Ensure a student in 11 or 12 grade be provided information regarding tuition and fee exemptions for dual credit courses
2 \
HB3748/25.007
Contains many of the same provisions as
HB1804 for coordination of educational
support for current and former foster
children
Eases transitions
Awarding of credit, including partial credit
Support services, school programs access
Schools must provide notice to the child’s
educational decision-maker of certain
events
Notification of tuition and fee exemptions for
dual credit courses 1/12/2017
HB3748/25.007
Access to dual credit courses to activate
tuition and fee waivers
Institutions of higher education must
designate a foster liaison to provide support
services and resources to former foster
youth
The Texas Higher Education Coordinating
Board must designate a foster liaison to
assist in coordinating college readiness and
student success
1/12/2017
HB3748/TEC 25.007
Information exchange between DFPS and
THECB including demographic information
of students attending institutions of higher
education
THECB to provide to DFPS information
regarding educational outcomes on:
academic achievement, graduation rates,
attendance, etc.
1/12/2017
HB505
Prohibits the Texas Higher Education
Coordinating Board from adopting any rule
that would limit the number of dual credit
courses or hours in which a student may
enroll while in high school or in a given
semester or academic year
Dual credit courses “activate” the tuition and
fee waiver for higher education for former
foster youth
1/12/2017
SB1407
“Normalcy” bill that allows substitute
caregivers to approve or disapprove of a
child’s participation in activities based on a
“reasonable and prudent parent” standard
1/12/2017
Other Bills
SB125 requires a comprehensive
assessment no later than 45 days after
coming into care – including a trauma
screening
SB 206 Sunset recommendations for foster
care redesign: copies of important
documents by 16th birthday, identify
education decision-maker, school of origin
rights strengthened
SB219 Sunset recommendations –
education provisions – education decision
maker, permanency plan addresses
educational needs, addresses early
childhood and educational services
1/12/2017
?????????????
Questions
Hotline: 1-800 446-3142 Jeanne Stamp: 512-475-6898 [email protected] www.theotx.org
Contact Texas Homeless
Education Office