Proposed ESSA Regulations: Impact on Students Experiencing Homelessness and in Foster Care Barbara Duffield, Patricia Julianelle, June 9, 2016

NAEHCY National membership association dedicated to educational excellence for children and youth experiencing homelessness, from early childhood through higher education.  Local Youth Task Forces, State Higher Ed Networks, Early Childhood Committee Technical assistance on policy implementation. Bringing your voices to Congress and state legislatures. Youth leadership and support. 2

Our Agenda Procedural Overview 3 Proposed Regulations  Transportation for Students in Foster Care  Achievement and Graduation Data  State Plan Consolidation Make Your Voice Heard 3

The Every Student Succeeds Act (ESSA) Statute passed by Congress and signed by the President on December 10, Amends McKinney-Vento, Title I, and other programs of the Elementary and Secondary Education Act. McKinney-Vento provisions take effect October 1,  “Awaiting foster care placement” is removed December 10, Title I (and most other) provisions take effect for the school year. 4

US Department of Education (ED) ED has the authority to issue regulations on some parts of ESSA, including Title I. The regulations interpret gray areas of the statute and fill gaps. Regulations cannot conflict with the statute. ED must publish its proposed regulations and consider public comments. Once they are promulgated and published in their final form, they have the force of law. 5

US Department of Education (ED) ED also has the authority to issue non-regulatory guidance on ESSA. We expect such guidance on McKinney-Vento. Guidance does not have the force of law, but it indicates ED’s interpretation of the statute. 6

ED’s Proposed Title I Regulations Published May 31, 2016 in the Federal Register.  NAEHCY’s preliminary analysis is available at: ESSA%20Regulations%20Preliminary%20Analysis.pdf ESSA%20Regulations%20Preliminary%20Analysis.pdf Comments are due August 1, Comments should be submitted via: =ED-2016-OESE =ED-2016-OESE

3 Proposed Regulations Transportation for Students in Foster Care Achievement and Graduation Data State Plan Consolidation There are no proposed Title I regulations related to the set-aside for students experiencing homelessness. 8

Proposed Regulation: Transportation for Students in Foster Care “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.” 9

Transportation for Students in Foster Care: What ESSA Says 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 [by December 10, 2016], 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, which must: 10

Transportation for Students in Foster Care: What ESSA Says (cont.) 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. 11

Transportation for Students in Foster Care: What ESSA Says (cont.) 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. 12

Based on our members’ experience, NAEHCY has grave concerns about this proposed regulation. Conflicts with ESSA. Reduces incentives for collaboration. Reduces incentives for placing youth in care close to their schools of origin and maintaining placement stability. Puts at risk transportation and protections of students experiencing homelessness. 13

Transportation for Students in Foster Care: What’s Your Experience? Polls: What is happening now? What do you expect would happen under this proposed regulation? 14

Proposed Regulation: Achievement and Graduation Data ESSA requires State report cards to disaggregate achievement and high school graduation data for McKinney-Vento students and students in foster care. ED’s proposed regulations use the McKinney-Vento Education definition of “homeless”, and the HHS definition of “in foster care.” 15

Proposed Regulation: Graduation Data ED’s proposed regulations request comment on when a student’s membership in a subgroup should be determined for graduation data:  At the time the student is enrolled in the cohort; or  At any time during the cohort period. 16

Determining Cohort Membership for Graduation Data: What do you Think? Poll 17

Proposed Regulation: Consolidation of the McKinney-Vento State Plan ED proposes consolidating the MV State Plan with the State Title I Plan. ED’s proposes including some, but not all, of the MV State Plan requirements within the Consolidated Plan. For more details: d%20ESSA%20Regulations%20Preliminary%20Analysis.pdf 18

Proposed Regulation: Consolidation of the McKinney-Vento State Plan ED’s proposal would not affect the local McKinney- Vento subgrant process or the local Title I, Part A plan requirement to describe the services provided to McKinney-Vento students, including with reserved funds, to support their enrollment, attendance and success. 19

Proposed Regulation: Consolidation of the McKinney-Vento State Plan NAEHCY welcomes feedback on this proposed regulation. Comment in the Chatbox or by to 20

Make Your Voice Heard! Public comments on these proposals are critical!  Comments are due August 1,  Comments should be submitted via the web portal: OESE https:// OESE NAEHCY’s Comment Template is available at essaregs.docx essaregs.docx Share you comments with your Members of Congress:

General Resources National Association for the Education of Homeless Children and Youth Facebook and Twitter National Center on Homeless Education National Network for Youth DVDs for awareness-raising “Real Students, Real Schools”: naehcy.org/videosnaehcy.org/videos “The McKinney-Vento Act in Our Schools”: 22