1. ESSA and Fostering Connections
Anne McInerney, LICSW
Cindy McGowan, LICSW
Lynn Broberg, Nutrition Services
Project REACH and Fostering Connections
St. Paul Public Schools
Office of Federal Programs

2. What we know about students in foster care:
Children and youth in foster care represent one of the most vulnerable student subgroups in this country.
Of the approximately 415,000 children in foster care in 2014, nearly 270,000 were in elementary and secondary schools.
Studies find that children in foster care are much more likely than their peers to struggle academically and fall behind in school.
Students in foster care at age 17 are also less likely to graduate from high school, with only 65 percent graduating by age 21 compared to 86 percent among all youth ages 18 to 24.

3. Children in foster care experience much higher levels of residential and school instability than their peers; one study showed that 75 percent of children in foster care made an unscheduled school change in one school year, compared to less than 40 percent for children not in foster care.
Unplanned school changes may be associated with delays in children’s academic progress, leaving highly mobile students potentially more likely to fall behind their less mobile peers academically.
Children experiencing this type of instability, including many students in foster care, are thus more likely to face a variety of academic difficulties.
Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care U.S. Department of Education and U.S. Department of Health and Human Services Guidance on the Foster Care Provisions in Title I, Part A of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act of June 23, 2016

4. Fostering Connections to Success and Increasing Adoptions Act of 2008
Includes all children placed in out-of-home care
May stay in the same school they attended before they became homeless and may receive transportation to that school= school of origin
For the duration they are in foster care
May enroll in any school without proof of resident status, immunizations, school records, guardianship or other documents
Automatically qualify for free school meals
Transportation may be paid by “foster care maintenance payments” for IV-eligible children

5. McKinney Vento rights review
May stay in the same school they attended before they became homeless and may receive transportation to that school= school of origin
Automatically qualify for free school meals
May enroll in any school without proof of resident status, immunizations, school records, guardianship or other documents
Until Dec. 10, Includes students experiencing homelessness and children “awaiting foster care”

6. ESSA: Implications for students in Foster Care (Fostering Connections)
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 or youth in foster care, including assurances that:
Foster youth are enrolled or remain in their school of origin, unless a determination is made that it is not in their best interest
The determination will be based on best interest factors, including consideration of the appropriateness of the current educational setting, and the proximity to the school in which the child is enrolled at the time of placement
When a determination is made that it is not in the child’s best interest to remain in the school of origin, the child will be immediately enrolled in a new school

7. In ESSA
52 “(g) OTHER PLAN PROVISIONS.— (1) DESCRIPTIONS.—Each State plan shall describe...(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— (i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.” 20 U.S.C. 6311(g)(1)(E)(i).
53 “(g) OTHER PLAN PROVISIONS.— (1) DESCRIPTIONS.—Each State plan shall describe...(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— (i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.” 20 U.S.C. 6311(g)(1)(E)(i)
54 “(g) OTHER PLAN PROVISIONS.— (1) DESCRIPTIONS.—Each State plan shall describe...(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that... (ii) when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment” 20 U.S.C. 6311(g)(1)(E)(ii).

8. Joint letter from ED and HHS
Fostering Connections Act, the plan must include:
An assurance that each placement of the child in foster care 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 State Child Welfare Agency has coordinated with the appropriate LEA(s) to ensure the child can remain in the school in which the child is enrolled at the time of each placement, or, if remaining in that school is not in the best interests of the child, assurances from the SCWA and LEA to enroll the child immediately in a new school, with all of his or her educational records provided to the school.

9. The act requires that child welfare agencies provide a plan to ensure educational stability for foster children.
This includes: Assurances that placement of a child in foster care takes into account the appropriateness of the current educational setting, and the proximity of the school in which a child is enrolled at the time of placement. Assurance that the state agency has coordinated with appropriate local educational agencies (as defined under section 9191 of the Elementary and Secondary Education Act of 1965) to ensure that a child remains in the school in which they are enrolled at the time of placement. If remaining in such school is not in the best interests of a child, assurances by the state child welfare agency and the local education agencies to provide immediate and appropriate enrollment in a new school, with all of a child’s educational records provided to the school. The act expands the definition of “foster care maintenance payments” to include reasonable travel for a child to remain in the school in which they were enrolled at the time of placement. A Title IV-E agency has the discretion to determine what is considered reasonable travel.

10. ESSA: Fostering Connections State Points of Contact
State education agencies must designate a point of contact for child welfare agencies; this may not be the same person as the state’s McKinney-Vento coordinator.
State Department of Human Services should designate a point of contact

11. Local Points of Contact
Local Child Welfare Agency should designate a point of contact and notify the LEA
• Local education agencies must collaborate with the state or local child welfare agency to designate a point of contact if the child welfare agency has given notice of designating its own point of contact.
Must be able to carry out their duties as liaison
Cannot be paid from McKinney Vento set aside

12. In ESSA
55 “(g) OTHER PLAN PROVISIONS.— (1) DESCRIPTIONS.—Each State plan shall describe...(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that... (iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph....” 20 U.S.C. 6311(g)(1)(E)(iv). 56 “(g) OTHER PLAN PROVISIONS.— (1) DESCRIPTIONS.—Each State plan shall describe...(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that... (iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney- Vento Homeless Assistance Act (42 U.S.C (d)(3)).” 20 U.S.C. 6311(g)(1)(E)(iv). 60 “(c) ASSURANCES.— Each local educational agency plan shall provide assurances that the local educational agency will...(5) collaborate with the State or local child welfare agency to—(A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency.” 20 U.S.C. 6312(c)(5)(A). A of the Elementary and Secondary Education Act

13. 10 Duties for MV Liaison Homeless children and youth are identified
HCY are enrolled
HCY receive educational services
HCY receive referrals
Parents or guardians are informed of educational opportunities
Public Notice of students’ rights
Disputes are mediated
HCY can access transportation
School personnel receive PD
UY are enrolled, receive partial credits and assistance with FAFSA

14. How can we identify the foster youth?
Through our county point of contact
Ask county to inform you when student is placed
Through our nutrition services

15. Nutrition Services Direct Certification Notification
School Food Authorities receive notification from MDE when new DCRT list is available on CLiCS
SPPS NS downloads list and filters for foster students
Notifies district’s homeless liaison

16. ESSA: Fostering Connections Transportation
Develop and implement clear written procedures governing how 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 by December 10, 2016
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.
Ensure that foster youth 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.
Title I, Part A funds can be used for students experiencing homelessness, but not children in or awaiting foster care (see handout)

17. In ESSA
57 “(c) ASSURANCES.— Each local educational agency plan shall provide assurances that the local educational agency will...(5) collaborate with the State or local child welfare agency to... (B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how 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, which procedures shall— (i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)).” 20 U.S.C. 6312(c)(5)(B)(i).
! Ensure that foster youth 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.58
! 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.59
o 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.60
58 “(c) ASSURANCES.— Each local educational agency plan shall provide assurances that the local educational agency will...(5) collaborate with the State or local child welfare agency to... (B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how 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....” 20 U.S.C. 6312(c)(5)(B).
59 “(c) ASSURANCES.— Each local educational agency plan shall provide assurances that the local educational agency will...(5) collaborate with the State or local child welfare agency to... (B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how 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, which procedures shall... (ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—
(I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;
(II) the local educational agency agrees to pay for the cost of such transportation; or
(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation” 20 U.S.C. 6312(c)(5)(B)(ii).

18. Every Student Succeeds Act: Implications for students “awaiting foster care”
One year after enactment of ESSA, the phrase
“awaiting foster care placement”
will be deleted from the definition of homelessness in the MCKINNEY VENTO
DECEMBER 10, 2016
Students that qualify for MV before Dec. 10 will continue the rest of the year.
Students that are placed AFTER Dec. 10 in
will now qualify under FOSTERING CONNECTIONS

19. In ESSA
51 The deletion of “awaiting foster care placement” goes into effect on December 10, 2016 in every State except AR, DE and NV, where the deletion is effective on December 10, 2017

20. Collaboration between SPPS and Ramsey County
Ramsey County has appointed a POC and ed SPPS
SPPS has appointed a POC
St. Paul Public Schools will transport foster care students if they are placed within the city of St. Paul
Ramsey County will transport foster care students if they are placed out side of the city of St. Paul

21. Other collaborations Where are you in the process (you have 33 days!)
LEA will try to get student on a regular route
County will pick up “above and beyond” costs
Where are you in the process
(you have 33 days!)
Other ideas?

22. Future considerations
Best Interest Determination guidelines, includes consultation with schools/liaisons
Guidance from MDE and DHS in developing MOU between LEAs and CWA (Child Welfare Agencies)
Sample from NAEHCY and AASA
Dispute resolution process
Sample from NAEHCY
"Foster care" means 24 hour substitute care for children placed away from their parents or guardian and for whom a responsible social services agency has placement and care responsibility. What about kinship placements?

23. Scenarios:
Siblings are placed in emergency foster care on Dec. 9, 2016 in Minneapolis. They attend school in Eagan, who is responsible for transportation?
Siblings are placed in emergency foster care on Jan 15, 2017 in Minneapolis. They attend school in Eagan, who is responsible for transportation?

24. Contact: Anne.mcinerney@spps.org Cindy.McGowan@spps.org
MAEHCY meetings and listserve- contact Anne McInerney
National Association for the Education of Homeless Children and Youth