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Meeting the Needs of Children in Foster Care: What ESSA Means for Vulnerable Children & Youth
October, 2016
MAURA MCINERNEY, ESQ.
EDUCATION LAW CENTER
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Who We AreEducation Law Center-PA (“ELC”) is a non-profit, legal advocacy
organization dedicated to ensuring that all children in Pennsylvania have
access to a quality public education.
Through legal representation, impact litigation, and policy advocacy, ELC
advances the rights of vulnerable children, including children living in
poverty, children of color, English language learners, children with
disabilities, those in the foster care and juvenile justice systems, and
children experiencing homelessness. Our strategic areas:
- Equal Access to Quality Schools
- Adequate & Equitable School Funding
- Dismantling the School-to-Prison pipeline
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Students in Foster Care Children in foster care are some of the country’s most educationally disadvantaged students.
Compared to other students, they experience:◦ Higher rates of school suspensions and expulsions;
◦ lower standardized test scores in reading and math;
◦ high levels of grade retention and drop-out;
◦ far lower high school and college graduation rates.
See National Fact Sheet on Foster Care and Education from January 2014.
Barriers to Achievement•History of truancy
•Delayed enrollment
•Lack of school stability
•Impact of “on grounds” schools in PA
•Unmet special education needs
•Over-representation in “alternative education”
•Confusion about legal rights & absence of active involved advocates and decision makers
•Lost credits/diploma requirements
•Limited access to higher education
School StabilitySince 2008, federal child welfare law has required child welfare agencies to collaborate with education agencies to ensure school stability. ESSA creates reciprocal obligations on education agencies.
State Title I Plans must describe the steps the State Education Agency (SEA) will take in collaboration with the State child welfare agency to ensure school stability for ALL children and youth in foster care.
◦ Encompasses ensuring LEAs provide school stability
◦ Potential penalty: Withdrawal of U.S. DOE Title I funds
Foster Care Amendments – State Title I Plans
State Title I Plans must describe the steps the SEA will take to ensure collaboration with the State child welfare agency to improve the educational stability of children or youth in foster care including assurances that:
1. Foster youth are enrolled or remain in their school of origin, unless a determination is made that it is not in their best interest;
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Foster Care – State Title I Plans
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
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
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Presumption In Favor of School Stability
Youth in foster care remain in their school of origin unless determination is made that it is not in their best interest.
Foster Care – Local Title I Plans
Within one year of enactment, LEAs must develop and implement plans for the transportation of foster youth to their school of origin, when in their best interest
LEAs are required to provide transportation to the school of origin with payment determined by agreement with child welfare. Some states have laws governing this. Child welfare agencies can draw down Title IV-E administrative dollars for this.
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Transportation
By December 10, 2016, Local Title I plans must contain an assurance that LEAs will collaborate with the state or local child welfare agency to:◦ develop and implement clear written procedures for how
transportation to maintain youth in foster care in their schools of origin, when in their best interest, will be provided, arranged and funded for the duration of the time in foster care.
◦ Ensure that children in foster care needing transportation to the school of origin promptly receive transportation.
TransportationThese procedures must ensure that youth in foster care who need transportation to the school of origin promptly receive it “in a cost-effective manner.”
“Additional” transportation costs provided by LEA if:
◦ LEA reimbursed by the CW agency;
◦ LEA agrees to pay; or
◦ LEA & CW agree to share costs.
Immediate Enrollment and Transfer of School Records
When NOT in the child’s best interest to remain in the school of origin…
◦ the child will be immediately enrolled in a new school
◦ even without normally required records
◦ The enrolling school must contact the previous school to obtain academic and other records
SEA Point of ContactState Ed Agency (SEA) must designate a point of contact to work with child welfare agencies to oversee implementation of the new responsibilities for student in foster care.
CANNOT be same person as State Coordinator for homeless children and youth under the McKinney-Vento Act.
LEA Points of Contact
Local Education Agencies (i.e. school districts; charter schools) must designate a point of contact for children in foster care if the child welfare agency notifies the LEA it has designated a point of contact.
Charter Schools
SEAs or entities receiving charter school grants must work with charter schools on recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for youth in foster care and unaccompanied homeless youth.
Data and Reporting: State Report Card
SEAs must annually include the following disaggregate information on children and youth in foster care in their State report cards:
◦ Student achievement on academic assessments
◦ Performance on other academic indicators
◦ High school graduation rates
ESSA RegulationsRe School Stability
◦ CURRENT PROPOSED REG FROM DOE:
ii) The SEA will ensure that an LEA receiving funds under title I, part A of the Act will provide children in foster care transportation, as necessary, to and from their schools of origin, consistent with the procedures developed by the LEA in collaboration with the State or local child welfare agency under section 1112(c)(5)(B) of the Act, even if the LEA and local child welfare agency do not agree on which agency or agencies will pay any additional costs incurred to provide such transportation.
McKinney-Vento Revisions
In most states, one year after enactment (December 10, 2016), the phrase “awaiting foster care placement” will be deleted from the definition of “homeless child or youth” in the McKinney-Vento Act.
In several states the phrase will be deleted in two years (December 10, 2017).
If child was eligible under M-V in the beginning of the year, transportation provided until the end of the year.
“Awaiting Foster Care”
Within one year of enactment, “awaiting foster care placement” is deleted from the definition of homelessness in the McKinney-Vento Act.
Children in foster care would still qualify as homeless if living in a shelter, doubled up with another family etc.
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New Jersey Laws & PoliciesBest Interest Determination◦Presumption in Favor of School Stability
Collaboration between CW and Ed
Dispute Resolution Process
Transportation: ◦Child Welfare arranges/provides for first 5days
◦School district of residence pays thereafter
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CONTACTS & RESOURCES
Michele Safrin, Administrator, Office of Educational Support & Programs
(609) 888-7375 [email protected]
Charles Crudup, Education Stability Field Coordinator (609) 888-7757 [email protected]
Barbara Pugh, Education Stability Coordinator(609) [email protected]
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Questions
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Contact Information
Maura McInerney, Esq. Education Law Center
1315 Walnut StreetPhiladelphia, PA
215-238-6970 Ext. [email protected]
