the Every Student Succeeds Act (ESSA) Increasing Education Stability for Foster Youth- Understanding Fostering Connections & the Every Student Succeeds Act (ESSA) Name, Affiliation, Who ACY is Melissa Rock Child Welfare Director mrock@acy.org (410) 547-9200 x3024 October 7, 2016

Advocates for Children and Youth (ACY) CHILD WELFARE HEALTH EDUCATION JUVENILE JUSTICE Every child’s ally Improving the lives of children for generations to come Independent research and proven best practices Conveners and leaders

School Mobility: Causes and Impact on Education Administration for Children and Families: Children’s Bureau: Guidance to States and Services on Addressing Human Trafficking of Children and Youth in the United States Published: September 13, 2013 Last Reviewed: June 22, 2015

Children in Foster Care: A Highly Mobile Population Foster children Children who left foster care by age 18 had an average of 3 placement changes. Those who were in foster care through age 18 experienced even more changes. 65% children entering foster care change schools mid-year Survey of former foster youth: 65% experienced 7+ school changes

High Mobility as a Barrier to Educational Attainment Mobility undermines achievement Results in lower math and reading scores National study: Students who transferred 2+ times between 8th & 12th grade twice as likely to drop out Students who transferred 4+ times by grade 6 lost 1 year academically Schools with significant student mobility report impact on non-mobile students and overall school climate Why? Difficulty transferring/accruing credits Enrollment requirements - e.g. school records, health records, proof of residence and guardianship School uniform requirements Different rules/expectations across schools Programs/supports available at some schools and not others Lack of friends, familiar teachers, opportunity to learn about activities

Reducing and Minimizing Effects of Mobility Can Improve Achievement Washington State Studies Homeless students who remained in school of origin scored higher on state standardized tests Youth who average only one fewer placement change per year were twice as likely to graduate before leaving care.

Legal Tools to Minimize, and Reduce Effects of, Student Mobility

McKinney Vento Act 42 U.S.C. 11431; COMAR 13A.05.09 Purpose Each homeless child or youth must have “equal access to the same free, appropriate public education, including a public preschool education,” as other children and youth School system must proactively review and remove barriers to homeless children’s enrollment, attendance, and academic success “Awaiting foster care placement” Placed out of the child's home pursuant to a shelter care order or a voluntary placement agreement; or Committed to the care/custody of the Department of Social Services or Department of Juvenile Services and placed into a temporary, short-term placement of not longer than 90 school days, such as in: —        An emergency or shelter facility; —        A diagnostic center; —        A psychiatric respite facility; —        An emergency foster home; or —        Another temporary, short-term placement. 

Fostering Connections Act 42 U.S.C. 675(1)(G) Purpose: To promote “educational stability” for children in foster care. Requires that placement decisions “take into account the appropriateness of the [child’s] current educational setting” and “proximity to the school in which the child is enrolled at the time of placement” Directs foster care agencies to: “coordinate with the appropriate local educational agencies to ensure that the child remains in school in which the child is enrolled at the time of each placement” OR “provide immediate and appropriate enrollment n a new school and assure transfer of records”

Every Student Succeeds Act Enacted December 10, 2015, goes into effect December 10, 2016 Reauthorized the Elementary and Secondary Education Act (ESEA) (Originally enacted in 1965 and last reauthorized as the No Child Left Behind Act in 2002) For the first time, it contains key protections for students in foster care to promote school stability and success, and required collaboration with child welfare partners. Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care (from: U.S. Department of Education and U.S. Department of Health and Human Services-- http://www.acf.hhs.gov/sites/default/files/cb/ed_hhs_foster_care_guidance.p df)

Why Are These Protections Needed? 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; – High levels of grade retention and drop-out; – Higher levels of school instability than their peers; (One study showed that 75% of foster youth made an unscheduled school change in a school year compared to less than 40% of their peers.) – Lower standardized test scores in reading and math; – Far lower high school and college graduation rates. (Only 65% of foster youth graduated high school by age 21 compared to 86% among all youth 18-24) See National Fact Sheet on Foster Care and Education from January 2014. (Only 65% of foster youth graduated high school by age 21 compared to 86% among all youth 18-24): National Center for Education Statistics (2014). Digest of education statistics, 2014 - table 104.40. Retrieved from https://nces.ed.gov/programs/digest/d15/tables/dt15_104.40.asp?current=yes. (One study showed that 75% of foster youth made an unscheduled school change in a school year compared to less than 40% of their peers.): Frerer, K.; Sosenko, L.D.; Pellegrin, N.; Manchik, V.; & Horowitz, J. (2013). Foster youth stability: A study of California foster youths’ school and residential changes in relation to education outcomes. Retrieved from http://www.iebcnow.org/IEBCPublicFiles/iebc.public/67/67e52ff2-4b46-4afa-8133-ba223aa80c33.pdf.

Overview of the Foster Care Provisions School Stability Protections (remaining in same school; best interest determinations; immediate enrollment; transportation when needed) Staff resources at state and local education agencies (and child welfare agencies) Removal of “awaiting foster care placement” from the McKinney Vento Act. Requires disaggregate data collection and reporting by SEAs

State Title I Plan Requirements: School Stability State Title I Plans must describe the steps the State Education Agency (SEA) (MSDE, in Maryland) will take to ensure collaboration with the State child welfare agency (DHR) to ensure the educational stability of children or youth in foster care. 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; If it is not in the child’s best interest to stay in his or her school of origin, the child is immediately enrolled in the new school even if the child is unable to produce records normally required for enrollment; and That the new (enrolling) school immediately contacts the school of origin to obtain relevant academic and other records. (ESEA section 1111(g)(1)(E)(i)-(iii)). Federal child welfare law already requires child welfare agencies to collaborate with education agencies to ensure school stability; this law creates reciprocal obligations on education agencies.

State Title I Plan Requirements: School of Origin & Immediate Enrollment Youth in foster care are enrolled or remain in their school of origin, unless a determination is made that it is not in their best interest.* School of Origin: School the child is enrolled/zoned to attend when the child enters foster care, or before a change of placement, when already in foster care. * The join guidance encourages States to adopt policies that continue these school stability provisions even once a child transitions out of foster care, at least through the end of that school year. Immediate Enrollment: Attending classes and fully participating in activities (i.e., not sitting in a room doing worksheets)

State Title I Plan Requirements: Best Interest Determination The State educational agency (MSDE), in collaboration with the State child welfare agency (DHR) must ensure that in determining whether it is in a student’s best interest to remain in his/her school of origin, the local education agency (county school system) takes into consideration all factors relating to the child’s best interest. These factors may include: Preferences of the child; Preferences of the child’s parent(s) or education decision maker(s); The child’s attachment to the school, including meaningful relationships with staff and peers; Placement of the child’s sibling(s); Influence of the school climate on the child, including safety; The availability and quality of the services in the school to meet the child’s educational and socioemotional needs; History of school transfers and how they have impacted the child; How the length of the commute would impact the child, based on the child’s developmental stage; Whether the child is a student with a disability under the IDEA who is receiving special education and related services or a student with a disability under Section 504 who is receiving special education or related aids and services and, if so, the availability of those required services in a school other than the school of origin; and Whether the child is an EL and is receiving language services, and, if so, the availability of those required services in a school other than the school of origin, consistent with Title VI and the EEOA.

Points of Contact The State Education Agency (SEA) must designate a point of contact within their agency to work with 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. Local Education Agencies (county school systems) must designate a point of contact for children in foster care, if the child welfare agency notifies the LEA, in writing, that it has designated a point of contact within the child welfare agency for the LEA.

Transportation By December 10, 2016, Local Title I plans must contain an assurance that Local Education Agencies (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. These procedures must: Ensure that youth in foster care 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. 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.

Data & 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 Integrated Data System (Spotlight from the field): Recognizing the importance of agencies sharing critical information on a child’s education needs, a county in one State has created an integrated data sharing system, allowable through an interagency agreement. An LEA has partnered with child welfare agencies, organizations and other LEAs to create a web-based information sharing network for foster youth. It is designed to improve the educational outcomes of foster youth by gathering and transferring placement, health, and education records. The integrated data system receives downloads of student information directly from the LEAs and child welfare agency. The child welfare agencies provide the names of the children in foster care, as well as the name and contact of person holding education rights; health (including immunizations) and education records (prior school placements, attendance, grades, etc.) to the LEA. The LEA provides the following information for all students in foster care: the names and addresses of the education agencies; the child’s grade level performance; start date and leave date; current class schedule; home language survey results; high school exit exam results and attendance records

Data & Reporting: State Report Card (cont’d) Data Sharing (Spotlight from the field): In one county, the educational agency provides information on the child’s educational needs to the child welfare agency by creating an Education Passport. Information contained in the Passport is subject to confidentiality laws. Pursuant to provisions in FERPA, the child’s social services worker may request copies of education records listed on this form. The school must waive all fees, per State law. The Education Passport includes all records provided to the receiving school applicable to that student. This information includes: name, student ID, birthdate, student withdrawal date, transferring school, total days enrolled at transferring school, emergency contact information, and whether an education advocate is available. Records may include immunizations, psychological evaluation, physical exam, birth certificate, 504 plan, IEP, achievement tests, vocational tests, graduation plan/transition plan, transcript record, current report card, attendance record, current classes, and withdrawal date. The Passport includes information to assess the student’s progress in school such as: type of school setting, teacher’s name, number of school changes not related to grade promotion and reasons for change, chronic absenteeism and reasons for absenteeism, information on the student’s success in school, any behavior/motivation strategies that a student best responds to, student’s involvement in extracurricular activities or barriers to involvement, and an assessment of the socio-emotional and environmental issues impeding the student’s school performance.

Type III Schools Policy Directive: SSA-CW #16-19: Type III Educational Program “The requirement of group home providers/diagnostic centers that all children must attend on grounds Type III Educational Programs as a condition of placement is prohibited.” Guidelines for Type III Educational Program A child may be placed in a Type III Educational Program for a period not to exceed: Thirty (30) calendar days if a child has not attended school for a long period of time (i.e., 1-2 years) and is in need of transitional services to assure smooth transition. Sixty (60) school days, if pursuant to a best interest meeting it is determined that it is in the child’s best interest to attend a Type III school placement . A child may not be placed in a Type III Educational Program: As a condition for placement in a group home; If the child/youth is suspended from school; While waiting for school records; For afterschool academic support; For GED preparation and GED tests.