1. Challenges of Every Student Succeeds Act
Launi Harden
Challenges of Every Student Succeeds Act

2. Outline Provide an overview & expectations of ESSA.
Time frame for ensuring educational stability.
ESSA’s provisions for transportation.
FLDOE’s memo “Foster Care Requirements in the ESSA”.
(LEA) checklist “Related to Ensuring Educational Stability”.
FLDOE’s” Frequently Asked Questions dated Nov. 28, 2016”.
Transportation options.
Brainstorm out of the box solutions.

3. Every Student Succeeds Act , 2015 (ESSA) Non-Regulatory Guidance Was Released June 23, 2016
Purpose: Ensuring Educational Stability for Children in Foster Care Transportation is mentioned 100 times in this document. Pages 21-32
How will we keep Ralph in his school of origin?
I can do it!
I am trained to keep Ralph safe & deliver him on time.
Yes
Don’t worry! Bye

4. MCKINNEY-VENTO
The phrase “awaiting foster care placement” will be removed from the McKinney-Vento Homeless Assistance Act’s definition of homeless children and youth.
For covered states--this change is effective 12/10/17.
After the effective date, youth “awaiting foster care placement” must be served under ESSA.
Some children in foster care may still be eligible for McKinney- Vento services (e.g., youth who are living in transitional shelters or motels)

5. Provisions in ESSA take place Dec. 2017
Ensuring Educational Stability for Children in Foster Care.
Children in foster care remain in the school of origin, unless it is determined that it is not in his or her best interest.
If it is not in the child’s best interest to remain in the school of origin, the child must be immediately enrolled in the new school.
Data must be submitted stating why it isn’t in the best interest of the child to remain in the school of origin.
A child must remain in his or her school of origin while any disputes regarding transportation costs are being resolved.
The school system, state,, child welfare services must have designated points of contact.

6. The challenge is…Transport the child to the school of origin, unless it is not in the child’s best interest?
What determines the best interest? It must include these factors:
appropriateness of the current educational setting and
proximity to the school in which the child is enrolled at the time of placement.
Other factors can be considered as long as they are in the best interest of the child.
Transportation costs should not be a factor.
To the extent feasible and appropriate, a child must remain in his or her school of origin while awaiting a decision to reduce the number of school moves.

7. Best Interest can be driven by:
Duration
Time of placement change
Type of transportation available
Impact of extracurricular activities on transportation options
Maturity and behavioral capacity
Traffic patterns
Flexibility in school schedule

8. Work Funding Costs Out Ahead Of Time.
Develop and implement clear written procedures governing how to provide transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged and funded for the duration of the time in foster care.
If there are additional costs in providing transportation to the school of origin.
LEAs will provide transportation if:
DCS agrees to reimburse the LEA;
the LEA agrees to pay the cost; or
the LEA and DCS agree to share the cost.

9. Memorandum of Understanding
Title IV-E is an allowable funding source for children in foster care.
Not all children in foster care are eligible:
Tribal foster children may be eligible;
State child welfare agencies are responsible for nonfederal portion;
Title I is an allowable funding source, although funds reserved for comparable services for homeless children & youth may not be used for transportation.
All federal funding sources should be maximized to
ensure costs are not unduly burdensome on one agency.

10. MOU Continued
Transportation must be provided in a “cost-effective” manner, so low-cost/no-cost options should be explored.
Even if other students aren’t transported, you must ensure that transportation is provided to children in foster care consistent with procedures developed in the MOU.
Transportation is an allowable use of federal funds, both under Title IV-E of the Social Security Act and Title I of the ESEA.
MOU should include a dispute resolution process if parties can’t come to agreement.

11. Examples:
One state passed legislation that requires the child welfare system and the school to collaborate on developing and implementing transportation plans.
The child welfare agency is responsible for any additional or extraordinary costs of the transportation and must maximize federal reimbursements under Title IV-E.
The child welfare agency and school consider cost-effective, reliable, and safe transportation options.

12. A child welfare agency, LEA, and court system developed these joint protocols:
If the child’s new placement is located within a 1.5 mile radius of the school, the foster parent or group home staff person is responsible for transportation.
If the child is placed outside of the 1.5 miles radius, the LEA implements an expedited process to address the transportation needs of children in foster care so that they do not experience disruptions in their education.

13. EXPLORING TRANSPORTATION OPTIONS
The following factors should be considered when deciding on an appropriate mode of transportation:
The child’s safety and best interests;
The length and distance of the commute;
All available transportation options.
No-cost and low-cost transportation options are explored first, such as:
Public transportation;
Working with foster parents or caregiver;
Community resources.

14. How Do We Get Kids To School Of Origin?
School bus – Existing routes
Special education-related service
Reimbursement to caregivers (or Foster Family Agencies) via Title IV-E funds
Group Home/Foster Family Agency contract requirements
New routes
Route-to-route hand-offs
District-to-district boundary hand-offs
No cost/low cost services
Contracted services

15. Contracted Services Taxi companies Student transport companies
Car services
Uber/Lyft/Via etc.
Carpools/Ride Share
School/District staff
Public transportation
Bus/Trolley passes
Board policies & Admin. Regulations?

16. Thank you FAPT for your participation and attention!
Resources & Slides Used:
Thank you
FAPT for your participation and attention!
U.S. Department of Education and U.S. Department of Health and Human Services.
Florida Department of
Education