NCLB Reauthorization: McKinney-Vento and Title I-A Update NAEHCY’s 19th Annual Conference November 12, 2007 Portland, Oregon

McKinney-Vento Reauthorization: Status Three Proposals in 2007 –HR 3205, “Homeless Education Improvement Act of 2007,” introduced in July –House “Discussion Draft,” posted in Sept. –Senate “Discussion Draft,” posted in Oct. Timing and Process –Possible introduction in House, but unlikely –Most likely no substantive action until 2009 –But what happens this year still matters!

NCLB/McKinney-Vento Reauthorization: Overview of Issues McKinney-Vento Personnel School Selection Provisions Enrollment Transportation Disputes Credits/Academic Support Extra-curricular activities Unaccompanied Youth Preschool Children Children and Youth in Foster Care Funding Level Title I, Part A Setasides

McKinney-Vento Reauthorization: Personnel - State Coordinators HR “sufficient capacity, resources, and support” House discussion draft - “sufficient capacity” Senate discussion draft - “knowledge and authority”

McKinney-Vento Reauthorization: Personnel - Local Liaisons HR “sufficient training, resources, and time” House discussion draft - “sufficient capacity and training” Senate discussion draft - “sufficient training”

McKinney-Vento Reauthorization: School Selection Provisions HR 3205 and House discussion draft: –Presumption that school of origin is in best educational interest, unless Against parent/guardian/youth wishes Best interest determination based on student-centered, individualized factors weighs in favor of local enrollment If LEA determines not school of origin or wish of parent, guardian, youth: written notice/appeal must be provided Senate discussion draft: –Same as current law, except “best educational interest” includes a few student-centered factors HR3205, House, and Senate discussion draft: –“School of origin” encompasses feeder school systems

McKinney-Vento Reauthorization: Enrollment Provisions HR 3205, House, and Senate discussion draft: –Clarifies immediate enrollment, even if student owes fees or is unable to pay fees in school selected HR 3205 and House discussion draft : –Clarifies records must be released even if student owes fees or is not withdrawn in accordance with local procedures

McKinney-Vento Reauthorization: Transportation Provisions HR 3205 –Provides a dedicated funding stream at state level, separate from main program, to defray cost of transportation (school of origin, preschool, after school programs and extra-curriculars, parental involvement, removing barriers). Authorized at $35 million. House discussion draft : no dedicated transportation funding Senate discussion draft: no dedicated transportation funding

McKinney-Vento Reauthorization: Dispute Resolution Provisions HR 3205 and House discussion draft: –State Dispute Resolution Processes must ensure that local dispute processes are accessible, decision- makers receive training; parents/youth have opportunities to present complains –State Dispute Resolution Processes must ensure that parents/youth can appeal to the SEA, which can issues binding decisions; procedures to resolve disputes between LEAs; processes for providing supplemental academic support if student’s rights are violated Senate discussion draft: –State Dispute Resolution process must: be readily available, in an understandable format; ensure that parents, guardians, youth can appeal to the SEA; take into account best educational interest of child or youth

McKinney-Vento Reauthorization: Credit Accrual and Recovery HR 3205: –Requires policies to ensure youth receive credit for full or partial coursework satisfactorily completed at a prior school, and have opportunities to recover credits lost during homelessness House discussion draft: –Requires policies and practices to lift barriers to on-time graduation, including policies that address full or partial coursework completed at other schools, and credit recovery opportunities Senate discussion draft: –Requires policies to ensure youth receive appropriate credit for completion of previous coursework consistent with State law and accreditation standards

McKinney-Vento Reauthorization: Access to Academic Support HR 3205 and House discussion draft: –Ensures that children and youth who meet the relevant criteria have access to magnet school, summer school, charter schools, field trips, activities with fees –Requires policies and practices to ensure children and youth have opportunities to meet the same State standards to which other students are held Senate discussion draft: –Requires policies and practices to ensure children and youth participate fully in academic activities –Requires policies and practices to ensure children and youth have opportunities to meet same State standards to which other students are held

McKinney-Vento Reauthorization: Access to Extra-Curricular Activities HR 3205 and House discussion draft: –Ensures that children and youth have access to extra-curricular activities, athletic activities for which they meet skill level requirements, paying attention to barriers caused by fees, enrollment deadlines, transportation Senate discussion draft: –Requires policies and practices to ensure children and youth participate fully in non- academic activities, including removing barriers caused by fees, enrollment deadlines, transportation

McKinney-Vento Reauthorization: Unaccompanied Youth HR 3205: –Requires liaisons to ensure unaccompanied youth are enrolled and have opportunities to meet State standards –No liability for complying with M-V and enrolling without parents or guardians House discussion draft: –Requires liaisons to ensure unaccompanied youth are enrolled and have opportunities to meet State standards Senate discussion draft –No liability for complying with M-V and enrolling without parents or guardians

McKinney-Vento Reauthorization: Preschool Children HR 3205 and House discussion draft: –Requires preschool programs funded, administered, or overseen by SEA or LEA to identify and prioritize homeless preschool children for enrollment, and comply with other parts of M-V –Requires other State-funded preschool programs to identify and prioritize for enrollment Senate discussion draft –Requires preschool programs funded through ESEA to comply with the Act, identify homeless children, increase their enrollment, and review programs to meet their unique needs

McKinney-Vento Reauthorization: Children and Youth in Out of Home Care Proposal expected to be in House bill Expands all M-V protections, except transportation to the school of origin, to children/youth in the custody of a public child welfare agency: within two years of enactment or an appropriation of $90 million, whichever comes first Transportation to school of origin is provided if: required by state law; reimbursed by child welfare agency; or appropriations reach $140 million (unless dedicated fund is established and reaches $35 million)

McKinney-Vento Reauthorization: Children and Youth in Out of Home Care Proposal expected to be in House bill (cont.) Within one year of enactment, SEA must submit plan in collaboration with state child welfare agency to describe details (enrollment, decision-making, etc) Supplement/supplant provisions No shifting of state child welfare responsibilities Definition of Parent for Foster Youth: biological or adoptive parent or guardian, unless educational decision-making rights removed; judge can appoint educational decision-maker if rights removed, or parent cannot be located, is not available with reasonable promptness, or is not making decisions in the best interest of the child

McKinney-Vento Reauthorization: Authorized Funding Level HR 3205: $140 million for basic program, $35 million for dedicated transportation House discussion draft: ??? (recommendation for total, with children in foster care, is $210 million) Senate discussion draft: ???

McKinney-Vento Reauthorization: State Allocations HR 3205 and House discussion draft: $300,000 for small states; all states can reserve up to 25% for statewide activities Senate discussion draft: $250,000 for small states; all states can reserve up to 20%, or $85,000, for statewide activities, whichever is greater

Title I Part A: Set-asides HR 3205 and House discussion draft: –For schoolwide, targeted, and non-participating schools –Must be based on a needs assessment of homeless children and youth and determined collaboratively with the liaison –Can be used for transportation to the school of origin and to assist position of the liaison –Local plan must describe how amount of set-aside matches need assessment No Senate Title I draft yet

Next Steps Continue to send us your suggestions For existing proposals, please send supporting stories, examples, data Develop relationships with Congressional offices Encourage your US Representative to become a co-sponsor of H.R (likely to be re-introduced next session) Next year: appropriations! Help gather data/stories to support increased funding For legislative s, send request to (or give me your card/paper with address) For web updates:

Contact Information: Barbara Duffield, Policy Director NAEHCY Patricia Julianelle, Pro Bono Counsel NAEHCY