K-12 Supports for Students in Foster Care Getting Them Ready K-12 Supports for Students in Foster Care

Eligibility Foster Care means: DSHS/CA (or a licensed or certified child placing agency) has placement and care responsibility for a child/youth. Twenty-four hours-per-day, temporary, substitute care away parents or guardians Includes any out-of-home care (including a relative or suitable other), so long as the child is under the placement and care responsibility of DSHS/CA. May also include the period of time needed to transition a student back home. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Identification Students in foster care will be identified using the Comprehensive Education Data and Research System (CEDARS) through a collaborative effort between OSPI and DSHS. DSHS/CA is required to notify LEAs each time a student enters care, changes placement, or returns home. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

State Laws WA State laws regarding students in Foster care OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Enrollment and Attendance – LEAs RCW 28A.225.330(7) - Enrolling students from other districts Prevents school districts from denying or delaying the enrollment of dependent youth, and requires school districts to retrieve school records (educational history) within two business days RCW 28A.225.023 - Unexpected or excessive absences—Support for school work. Requires districts to monitor the unexpected or excessive absences of dependent youth, proactively support the youth's school work so the student does not fall behind, and avoid suspension or expulsion based on truancy OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Records and Graduation – LEAs RCW 28A.150.510 - Transmittal of education records to DSHS Requires the prompt/timely transmission of student records to DSHS for appropriate case planning and maximizing the student’s academic achievement RCW 28A.320.192 - On-time grade level progression and graduation. Requires school districts to facilitate the on-time graduation of student in foster care by: Waiving specific courses if similar coursework has been completed in another district, Providing an alternative means to complete required coursework, Consolidating unresolved coursework and providing opportunities for credit accrual, or Facilitating the graduation from the sending district where graduation requirements were met OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Ed Liaison and Placement – DSHS/CA RCW 13.34.045 - Educational liaison—Identification Requires an educational liaison for students in grades 6-12 to be identified at each hearing in the dependency process. This person should be committed to providing on-going educational supports for the youth. RCW 74.13.550 - Child placement—Policy of educational continuity Requires that, whenever practical and in the best interest of the child, children placed into foster care shall remain enrolled in the schools they were attending at the time they entered foster care. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

School Placement Options – DSHS/CA RCW 74.13.631(1)(e) - School-aged youth in out-of-home The department shall provide youth residing in out-of-home care the opportunity to remain enrolled in the school he or she was attending prior to out-of-home placement, unless: The safety of the youth is jeopardized, or A relative or other suitable person placement approved by the department is secured for the youth, or It is determined not to be in the youth's best interest to remain enrolled in the school he or she was attending prior to out-of- home placement. If the parties in the dependency case disagree regarding which school the youth should be enrolled in, the youth may remain enrolled in the school of origin until the disagreement is resolved in court, unless the department determines that the youth is in immediate danger by remaining enrolled in the school of origin. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

School Placement Options – Part 2 (2) Unless otherwise directed by the court, the educational responsibilities of the department for school-aged youth residing in out-of-home care are the following: To collaboratively discuss and document school placement options and plan necessary school transfers during the family team decision-making meeting; To notify the receiving school and the school of origin that a youth residing in foster care is transferring schools; To request and secure missing academic records or medical records required for school enrollment within ten business days; To document the request and receipt of academic records in the individual service and safety plan; To pay any unpaid fees or fines due by the youth to the school or school district; To notify all legal parties when a school disruption occurs; and To document factors that contributed to any school disruptions. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Federal Provisions Key Provisions

Fostering Connections Act Requires each child receiving a Title IV-E foster care, adoption, or guardianship payment to be a full-time student (unless he or she is incapable of attending school due to a documented medical condition) Requires that a case plan include a plan for ensuring educational stability The Educational Stability Plan Must Include: An assurance that each placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child was enrolled at the time of placement; and An assurance that the child welfare agency has coordinated with the LEA(s) to ensure the child can remain in that school, or If remaining in that school is not in the child’s best interest, an assurance that the child will be enrolled immediately in a new school and relevant academic and other records are obtained. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Uninterrupted Scholars Act (2013) USA creates a new exception under FERPA that makes it easier for schools to release a child’s education records to child welfare agencies without the prior written consent of the parents. This does not mean that child welfare agencies should leave out parents. In fact, good practice dictates that child welfare agencies should make efforts to keep parents informed and involved at all times. USA eliminates the requirement that education agencies notify parents before education records are released pursuant to a court order to any individual, when the parent is a party to the case where that order was issued. The new amendment permits schools to release education records to “an agency caseworker or other representative of a State or local child welfare agency, or tribal organization” who has the right to access a student’s case plan, and when the agency or organization is “legally responsible” for the child’s “care and protection.” OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

ESEA – As amended by ESSA Awaiting foster care placement is deleted from the definition of “homeless children and youths” ESSA, Section 9105(b)(1). SEAs designate a point of contact for child welfare agencies, who may not be the McKinney- Vento State Coordinator. LEAs that receive Title I, Part A funds must designate a point of contact for the local child welfare agency, if the local child welfare agency notifies the LEA, in writing, that it has designated a point of contact for the LEA. State plans must describe collaboration with the state child welfare agency to ensure foster youth can remain in their school of origin, if in their best interest, or enroll immediately in a new school. State report cards must disaggregate graduation, discipline, and academic achievement In practice, this change means that as of December 10, 2016, children in any stage of foster care proceedings will not be eligible for McKinney-Vento Act protections for “homeless children and youths” by virtue of their involvement in the child welfare system. As of December 10, 2016, children in the child welfare system will be considered permanently housed for the purposes of the McKinney-Vento Act, unless they meet the other elements of the definition of “homeless.” Children and youth who were identified as “awaiting foster care placement” from the first day of the 2016-17 school year until December 9, 2016, will remain eligible for McKinney-Vento services provided to formerly homeless students who are now permanently housed, for the remainder of the 2016-17 school year. ESSA specifies this provision takes effect December 10, 2016 (one year from enactment). However, Section 312 of the Consolidated Appropriations Act of 2016 (Pub. L. 114-113) prohibits the use of FY 2016 funds to implement ESSA amendments. At the same time, ESSA gives ED the authority to take steps for an “orderly transition” to the new law in the 2016-2017 school year. We expect further clarification from ED on these issues. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

December 10, 2016 Implementation OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Title I Amendments: State Plans 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 in foster care, including assurances that: Foster youth remain in their school of origin, unless a determination is made that it is not in their best interest. 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. 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 McKinney-Vento State Coordinator. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

SEA Foster Care Point of Contact Foster Care Education Program Supervisor Monitoring LEAs Coordinating with the State CWA to issue state guidelines Establishing uniform criteria around best interest determination and guidelines for transportation procedures Facilitating data sharing with State and tribal CWAs Provide professional development opportunities for LEA POCs OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

ESSA: Foster Care Liaisons (POC) 284 out of 295 school districts receive Title I, Part A funds Each school district that receives Title I, Part A funds must designate a Foster Care Liaison Liaisons were identified in the LEA’s Title I, Part A application for the 2016-2017 SY In Washington State, we are asking for 100% school district participation McKinney Vento requires that liaisons be “able to carry out” the duties described in the law. USDE Guidance: “BOTH SEA & LEA POCs should have the sufficient capacity and resources to guide the implementation of the ESSA provisions.” OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Foster Care Liaison Duties Coordinate with the Foster Care Education Program Supervisor at OSPI Serve as the primary contact person for DSHS/CA and case workers Attend training and professional development opportunities to improve district implementation efforts Facilitate the transfer of records and immediate enrollment Facilitate data sharing with child welfare agencies, consistent with FERPA and CA protocols Develop and coordinate local transportation procedures Manage best-interest determinations and transportation cost disputes Ensure that children in foster care are enrolled in, and regularly attending, school Provide professional development and training to school staff on the Title I, Part A provisions and educational needs of children in foster care, as needed OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Caution Designating the MV liaison as the foster POC is likely to lead to compliance violations for many LEAs, depending on the size/composition of the LEA. See: “Designating McKinney-Vento Liaisons: Considerations Under the Every Student Succeeds Act” http://naehcy.org/sites/default/files/dl/legis/Liaisonchecklistfinal.pdf OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Tools to Help Determine Capacity Data indicating the prevalence and needs of homeless children and youths (including efforts that may be necessary to improve the identification of such children and youths); Past technical assistance provided to the LEA… to determine how much time the McKinney-Vento program requires to be managed well; The number of schools and students in the district; and The number of identified homeless students in the district as a percentage of students living in poverty OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Pause and Reflect Who will serve as your Foster Care Liaison? Who in your district needs to be informed of this requirement to make that policy call? OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Case Worker Duties A child/youth in foster care has the right to: attend school, remain in their school of origin when possible and in their best interest (RCW 74.13.550) and to be enrolled immediately in the new  school if there is a school change. Collaborate with school, child, and caregiver when determining best interest of the child when making school placement decisions. http://www.k12.wa.us/FosterCare/FAQ.aspx Communicate with schools when children enter or exit care or experience placement changes using the School Notification Form (DSHS 27-093) Collaborate with school and caregiver to identify transportation options (existing bus routes, available caregivers, volunteers, family, friends or neighbors)  For more information: 4302A Education Policy and Procedures . Your Rights, Your Life: A Resource for Youth in Foster Care OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

School of Origin The school of origin is the school in which a child is enrolled at the time of placement in foster care. An SEA and its LEAs must ensure that a child in foster care enrolls or remains in his or her school of origin unless a determination is made that it is not in the child’s best interest. (ESEA Section 1111(g)(1)(E)(i)). If a child’s foster care placement changes, the school of origin would then be considered the school in which the child is enrolled at the time of the placement change. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Best-Interest Decision-Making LEAs should work with local child welfare agencies to develop a clear protocol on how to make best interest determinations Decisions should be made using child-centered criteria Transportation is only considered in the context of the impact it has on the child/youth – there is no district line , county line, state line, or mileage limit The LEA must ensure that a child remains in his or her school of origin while this determination is being made (See ESEA Section 1111(g)(1)(E)(i)) An LEA must ensure that a child remains in his or her school of origin while disputes are being resolved to minimize disruptions and reduce the number of moves between schools (See ESEA Section 1111(g)(1)(E)(i)) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Transportation An LEA receiving Title I, Part A funds must collaborate with Children’s Administration or other supervising agencies to ensure that transportation for children in foster care is provided, arranged, and funded. (ESEA Section 1112(c)(5)(B)) Procedures must ensure that: Children in foster care needing transportation to their schools of origin will promptly receive that transportation in a cost effective manner. If there are additional costs incurred in providing transportation to the school of origin, the school district will provide such transportation if: The local child welfare agency agrees to reimburse the LEA for the cost of such transportation; The LEA agrees to pay for the cost; or The LEA and local child welfare agency agree to share the cost (ESEA 1112(c)(5)(B)) Districts must provide transportation while disputes are being resolved. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Non-Regulatory Guidance: Transportation Disputes Transportation procedures should include dispute provisions. (q. 28) States are encouraged to develop uniform state dispute processes. (q. 28) LEAs must provide transportation while payment disputes are resolved. (q. 32) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Enrollment Enrolled in, attending, and participating fully in school activities Appropriate classroom placement Transportation, if required Extra-curricular activities (academic and non-academic) Categorical eligibility for Title I and free meals LEAs should ensure that children in foster care are regularly attending and fully participating in school and that their educational needs are being met. SEAs and LEAs should also take affirmative steps to revise policies that are barriers to enrollment and attendance for children in foster care. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Immediate Enrollment Immediate enrollment means that a child in foster care should be enrolled in, and attending, a new school as soon as possible. Enrollment must not be denied or delayed because documents normally required for enrollment have not been provided. (See ESEA Section 1111(g)(1)(E)). The enrolling school must immediately contact a child’s school of origin to obtain the relevant records and documentation (ESEA Section 1111(g)(1)(E)(iii)), and the school of origin should immediately transfer those records. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Title I, Part A Categorical eligibility Funding Limitations All children and youth in foster care are categorically eligible for Title I, Part A services, whether or not they live in a Title I, Part A school attendance area, attend a Title I school, or meet the academic standards required of other children for eligibility Funding Limitations Title I, Part A states that funds cannot supplant other state or local funds. The homeless set-aside must remain intact and cannot be reduced or repurposed to serve children in foster care School district Foster Care Liaisons or other staff should contact the student’s case worker or foster parent as a first priority to meet that student’s non-academic needs. For example, the basic needs of students in foster care such as clothing, birth certificates, immunizations, and medical services are first and foremost the responsibility of CA. School districts may however, use Title I, Part A funds if other sources are not available. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Pause and Reflect Who are the different staff groups in your district that need to be informed of these changes for foster care? How will communication on these requirements be provided to key staff? How will your district coordinate services for foster care youth? How will your district determine how much Title I funding to set aside for this or identify other sources of funds? OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Resources

Resources OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

GovDelivery OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Liaisons OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

The Map OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

FAQ OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

School Selection OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Dispute Process OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018

Questions? Jess Lewis Program Supervisor, Foster Care Education 360.725.6505 fostercare@k12.wa.us http://www.k12.wa.us/FosterCare OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 9/21/2018