ESSA Updates for: Homeless, Foster Care, Students Living ... ESSA...Awaiting foster care placement (until 12/10/16). Sharing the housing of others due to loss of housing, economic

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!

http://www.region10.org/mvhpd/





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


State Coordinators


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


State Coordinators


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


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


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.

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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.


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


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


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


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


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


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


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


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


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


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


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


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



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



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


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



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



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

mailto:[email protected]

Documents

ESSA Updates for: Homeless, Foster Care, Students Living ... ESSA...Awaiting foster care placement (until 12/10/16). Sharing the housing of others due to loss of housing, economic