1. Federal School Stability Protections for Children in Foster Care
What educators need to know about essa provisions

2. Definition: “Child in Foster Care”
24-hour substitute care / for children placed away from their parents or guardians / and for whom the child welfare agency has placement and care responsibility.
This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes.
A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child…. (q. 1)
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3. Reminder:
Be sure to review your state child welfare policies and your state education policies
Remember: federal law supersedes state laws and local policies when they are in conflict
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4. WA State Law Supports federal implementation by requiring:
CA to ensure educational stability by promoting school of origin and considering school of origin in all placement decisions
Courts to assign an Educational Liaison for all students in grades 6-12
Schools to enroll students without delay, share records with CA, review unexpected or excessive absences, and facilitate on-time grade level progression
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5. Child Welfare
overview

6. Child Welfare History
1874: Mary Ellen - prosecuted by an attorney for the Society for the Prevention of Cruelty to Animals
1887–1950’s: Indian boarding schools were created to enforce a shift in US policy from physical genocide to cultural genocide
1967: All states had enacted child abuse reporting laws
1978: Congress passed the Indian Child Welfare Act
2008: Fostering Connections to Success and Increasing Adoptions Act is passed
2014: Uninterrupted Scholars Act is passed
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7. ***Activity*** Removal OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
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8. Outcomes
Students lose at least six months of academic progress per school change and are twice as likely to repeat a grade, relative to peers not in foster care.
Systems are not set up for highly mobile populations. Many lose credits and repeat courses.
Delays in transferring school records may result in serious disruptions in a student’s learning and academic progress.
Fewer than half of students in foster care in the U.S. successfully graduate from high school on time.
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9. Why Does School Matter?
Despite challenges, many former youth in foster care report that school provided much needed consistency in their lives. Students often recall a caring teacher or school staff member who truly made a difference.
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10. Federal Provisions
Key Provisions

11. 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.
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12. 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.”
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13. 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 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 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 ) 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 school year. We expect further clarification from ED on these issues.
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14. December 10, 2016 Implementation
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15. 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.
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16. 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
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17. Local Points of Contact
Local Title I plans must contain an assurance that the LEA will collaborate with the state or local child welfare agency to:
Designate a point of contact if the corresponding child welfare agency notifies the LEA, in writing, that it has designated a point of contact for the LEA.
The Title I Part A foster care provisions do not specify whether or the McKinney-Vento liaison can be the point of contact; however, the McKinney-Vento Act requires that:
Liaisons be “able to carry out” the duties described in the law (a total of ten specific duties).
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18. 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”
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19. 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
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20. 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.
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21. 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))
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22. 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.
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23. Immediate Enrollment
Immediate enrollment means that a child in foster care should be enrolled in, and attending, a new school as soon as possible.
Appropriate classroom placement
Transportation, if required
Extra-curricular activities (academic and non-academic)
Enrollment must not be denied or delayed because documents normally required for enrollment have not been provided. (See ESEA Section (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.
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24. 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.
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25. Resources

26. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
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27. GovDelivery
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28. Liaisons
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29. The Map
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30. FAQ
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31. School Selection OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
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32. Dispute Process OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
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33. Questions?
Jess Lewis Program Supervisor, Foster Care Education
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