Ensuring Educational Stability for Foster Care Youth: Transportation Procedures October 26, 2016
Today’s Presenters Carmen M. Medina, Chief Student Services Division, Bureau of Curriculum, Assessment and Instruction PA Department of Education Matthew D. Butensky, SEA POC Youth Development Coordinator Educational Stability for Foster Care Youth Center for Schools and Communities 2
Today’s Discussion 1 Provide an overview of the federal framework for ensuring educational stability for children in foster care. 2 Review key Every Student Succeeds Act (ESSA) requirements for children in foster care. 3 Explain the transportation procedures required by ESSA for children in foster care. Review next steps and responsibilities in order to fulfill 4 ESSA requirements by December 10, 2016 . 3
Three Key Takeaways ESSA establishes, enhances, or formalizes collaborative 1 working relationships between county children and youth agencies (CCYAs) and local education agencies (LEAs). By December 10, 2016 , LEAs should designate a foster care 2 point of contact (POC) for CCYAs to fulfill the educational stability requirements outlined in ESSA. 3 By December 10, 2016 , LEAs must collaborate with CCYAs to develop and implement clear written procedures for how transportation will be provided, arranged, and funded for the duration of a child’s time in foster care. 4
Key Resource: Federal Guidance • On June 23, 2016, the U.S. Departments of Education (ED) and Health & Human Services (HHS) issued joint non- regulatory guidance on ESSA’s provisions for Ensuring Educational Stability for Children in Foster Care . • Today’s webinar relies heavily on this guidance, and we’ll mark specific areas of the guidance and flag other relevant federal resources using this marker: See joint guidance for more information about ESSA’s provisions for Best Interest Determinations (page 11). More information is also available on ED’s Students in Foster Care resource page. 5
Education Outcomes for Foster Youth Foster youth represent one of the most vulnerable student subgroups in the United States. • Approximately 270,000 of the 415,000 children in foster care were in elementary and secondary schools (2014). • 65% graduation rate compared to 86% graduation rate. • A study found that 75% of foster youth made an unscheduled school change in one school year compared to 40% for children not in foster care. See ED/HHS joint guidance (page 3, Introduction ). 6
Federal Milestones for Children in Foster Care 2008 The Fostering Connections to Success and Increasing Adoptions Act 2013 December 10, 2016 ESSA Foster Care Provisions Take Uninterrupted Effect. Protections for children in foster care now found Scholars Act exclusively under Title I, Part A (not McKinney-Vento). December 2015 The Every Student Succeeds Act (ESSA) June 2016 U.S. Depts. Of Education and Health & Human Services Release 7 Joint Guidance
Framework of ESSA’s Foster Care Provisions Staff & Collaboration “Dual-agency” vision, establishing state and local points of contact between LEA & CCYA Ensuring Best interest determinations, transportation, immediate Educational enrollment and transfer of records, considerations for Stability students with disabilities and English learners Data Collection & Reporting Reporting graduation rates and academic achievement of foster students in annual State Report Card McKinney- Vento Updates Removing “awaiting foster care placement” from definition of homeless children and youths 8
Key ESSA Provisions for Children in Foster Care 1 “Dual-agency” collaboration • LEAs should work closely with CCYAs to tailor processes and procedures to the unique local context (i.e. enrollment protocols, transportation agreements, best interest determinations, and records transfers). See ED/HHS joint guidance (page 7, Frequently Asked Questions , Question 4 – “What are the responsibilities of an LEA for ensuring the educational stability of children in foster care?”). 9
Key ESSA Provisions for Children in Foster Care 2 Best Interest Determination (BID) • A child in foster care remains in his or her school of origin, unless it is determined that remaining in the school of origin is not in that child’s best interest. ESEA section 1111 (g)(1)(E)(i) • The child remains in their school of origin until a final determination is made. • A sample Best Interest Determination Form template will be distributed in early November for LEA/CCYA use. See ED/HHS joint guidance (page 11, Frequently Asked Questions - Best Interest Determination ) for more information. 10
Key ESSA Provisions for Children in Foster Care 3 Immediate Enrollment • If not in their best interest to remain in school of origin, student must be immediately enrolled in new school and records must be transferred. ESEA section 1111 (g)(1)(E)(ii-iii) See ED/HHS joint guidance (page 20, Frequently Asked Questions – Immediate Enrollment and Records Transfer ) for more information. 11
Key ESSA Provisions for Children in Foster Care 4 Points of Contact (POCs) • Each state education agency (SEA) must designate a point of contact (POC) for child welfare agency (CWA). ESEA section 1111 (g)(1)(E)(iv) • LEAs must also designate a POC for CCYAs if the CCYA notifies the LEA, in writing, that it has designated a POC. ESEA section 1112 (c)(5)(A) • A LEA Foster Care POC Directory will be created after POCs have been designated. Please see SEA, LEA and CCYA Roles and Responsibilities Guide, and ED/HHS joint guidance (page 21, Frequently Asked Questions – State and Local Points of Contact ). 12
Examples of Potential Roles of the Point of Contact • Coordinating with the corresponding CCYA POC; • Leading the development of a process for making Best Interest Determination (BID); • Documenting the BID (sample form from PDE/DHS); • Facilitating transfer of records and immediate enrollment; • Facilitating data sharing with CCYA, consistent with FERPA; • Ensuring that students are enrolled in and regularly attending school; • Providing professional development and training to school staff; • Developing/coordinating local transportation procedures; and • Managing BIDs and transportation cost disputes. Please see ED/HHS joint guidance (page 22, Frequently Asked Questions – State and Local Points of Contact , Question 35). 13
Key ESSA Provisions for Children in Foster Care Transportation 5 • By December 10, 2016 , LEAs must collaborate with CCYAs to develop and implement clear written procedures for how transportation will be provided, arranged, and funded for the duration of a child’s time in foster care. ESEA section 1112 (c) (5)(B) • A Transportation Agreement Memorandum of Understanding (MOU) and a sample transportation plan will be provided in early November for LEA/CCYA use. Please see ED/HHS joint guidance (page 15, Frequently Asked Questions – Transportation ). 14
Transportation Procedures: What is an LEA’s role? By December 10, 2016 , LEAs must make assurances in their local plan they will develop and implement: • Clear written procedures for how transportation will be provided, arranged, and funded for the duration of time in foster care; • Procedures to ensure prompt and cost-effective transportation services. Please see ED/HHS joint guidance ( Frequently Asked Questions – Transportation , Questions 22 and 26) for more information, including a definition of “cost-effective.” 15
Transportation Procedures: What is an LEA’s role? • When additional costs are incurred in providing transportation to the school of origin, LEAs will provide 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. Please see Question 22 of the ED/HHS joint guidance for more information on an LEA’s role in providing transportation; “additional costs” are defined in Question 27 of the guidance. In addition, see § 299.13 of ED’s proposed regulations related to foster care transportation requirements and State Plans. 16
Developing a Transportation Plan (Due: December 10, 2016) LEAs and CCYAs have a dual responsibility to collaboratively design a formal, written transportation plan by December 10, 2016 . • PDE and DHS will release a sample, joint Memorandum of Understanding Transportation Agreement in early November. • Transportation MOU establishes an agreement between the LEA and the CCYA to jointly design a comprehensive transportation plan by December 10, 2016 . 17
Looking Ahead: Resources & Deadlines LEAs Submit MOUs & Transportation Plans • December 10, 2016 • Submit MOU and joint local Transportation Plan transportation plan to PDE Guide (PDE & DHS) no later than December 10, 2016. • November • pafostercare@csc.csiu.org • A sample transportation Sample plan guide will be provided in Transportation MOU early November to assist (PDE & DHS) LEAs and CCYAs to collaboratively design a local • Early November transportation plan. • Transportation MOU provided to LEAs and CCYAs is modifiable to address unique, local needs. 18
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