1. PEIMS and Identifying Students in Foster Care DAVID RAY, REGION 10 ESC

2. Contact Information David Ray Region 10 Education Service Center 972.348.1786 David.Ray@Region10.org www.Region10.org/mvh www.Region10.org/fostercare

3. TEA Contact Foster Care Education & Policy Coordinator Kelly Kravitz 512.463.9235 Kelly.Kravitz@tea.texas.gov TEA Website

4. TX DFPS Contact Education Specialists http://tea.texas.gov/FosterCareStudentSuccess/CPS/

5. Agenda 1. Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351 2. Texas Education Code 3. PEIMS Standards 4. Guidance from TEA 5. When CPS is involved 6. Nutrition Policies & Procedures 6. Scenarios 7. Questions

6. Fostering Connections to Success and Increasing Adoptions Act of 2008 This law requires state child welfare agencies to collaborate with their state and local education agencies to promote school stability and improve educational outcomes for children in foster care

7. Texas Education Code Data sharing and data collection requirements in PEIMS Immediate school enrollment without records Attendance in the school the student was enrolled immediately before entering conservatorship, even when placed outside of the district attendance zone, until the student successfully completes the highest grade level offered by the school Excused absences for court-ordered appointments Free eligibility for PRE-K Accelerated instruction (at-risk indicators and compensatory education) School districts and open enrollment charter schools are required to appoint a Foster Care Liaison and notify TEA of their Foster Care Liaison appointment

8. Texas Education Code Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the Department of Family and Protective Services shall enter into a memorandum of understanding regarding the exchange of information as appropriate to facilitate the department's evaluation of educational outcomes of students in foster care. The memorandum of understanding must require: (1) the department to provide the agency each year with demographic information regarding individual students who during the preceding school year were in the conservatorship of the department following an adversarial hearing under Section 262.201, Family Code; and262.201 (2) the agency, in a manner consistent with federal law, to provide the department with aggregate information regarding educational outcomes of students for whom the agency received demographic information under Subdivision (1). (b) For purposes of Subsection (a)(2), information regarding educational outcomes includes information relating to student academic achievement, graduation rates, school attendance, disciplinary actions, and receipt of special education services. (b-1) To facilitate implementation of Subsection (a)(2), the agency shall, in the manner established by commissioner rule, collect data through the Public Education Information Management System (PEIMS) as to the foster care status of students.

9. Texas Education Code Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district: (1) the child's birth certificate or another document suitable as proof of the child's identity; (2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and (3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.38.001

10. Texas Education Code (g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.

11. PEIMS Data Standards FOSTER-CARE-INDICATOR-CODE (E1528) indicates whether a student is in the conservatorship of the Department of Family and Protective Services (DFPS) currently, or for certain students that were previously in the conservatorship of DFPS. The general term “foster care” for education purposes includes all students in the managing conservatorship (legal custody) of the Texas Department of Family and Protective Services (DFPS). This includes students placed by DFPS with a Kinship caregiver, when the child remains in the legal custody of Texas DFPS. The Texas Legislature only authorized TEA permission to collect the “foster care” status of students in Texas DFPS Managing Conservatorship. Students in foster care from other states must not be reported as foster care for PEIMS reporting purposes. The Foster Care Indicator Code is reported in fall, summer, and extended year submissions (submissions 1, 3, and 4). The data is needed in submission 4 to comply with TEC 25.007 concerning the Agency’s legislative requirement to facilitate access to credit recovery, high school completion, and dual credit programs.

12. PEIMS Data Standards Foster Care Indicat or Code Student AgeStudent Grade Level Student Foster Care Status 0Any Student is not currently in the conservatorship of the Department of Family and Protective Services 1Any Student is currently in the conservatorship of the Department of Family and Protective Services 23 or 4 on September 1 PKPre-kindergarten student was previously in the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Section 262.201, Family Code

13. PEIMS Data Standards For Foster Care Indicator Code 1, schools may accept any official Texas Department of Family and Protective Services form, listed below, that designate that a student is in Texas DFPS Managing Conservatorship. A school may also accept a copy of the court order for this purpose. Acceptable Documentation: All forms in the 2085 series: ◦Foster Care/Residential Care - 2085 FC ◦Kinship or Other Non-Foster Caregiver - 2085 KO ◦Verified Kinship Foster Caregiver - 2085 KF ◦Legal Risk - 2085 LR ◦Home and Community-based Services (HCS) - 2085 HCS ◦Supervised Independent Living - 2085 SIL ◦Designation of Education Decision-Maker - 2085 E ◦Designation of Medical Consenter - 2085 B DFPS Kinship Caregiver Agreement - 0695 Court-Order naming Texas DFPS as the Temporary Managing Conservator (TMC) or Permanent Managing Conservator (PMC).

14. PEIMS Data Standards For Foster Care Indicator Code 2, the Pre-kindergarten student is enrolling in school for the purpose of participating as an eligible student in a Pre-kindergarten program and eligibility documentation must be provided. At least annually, the Texas DFPS and Child Protective Services will mail verification letters of PK eligibility to the parents and caregivers of eligible children who in turn must provide this verification documentation to the school at enrollment.

15. PEIMS Data Standards The “foster care” status of students is highly confidential. Foster care status and related information should be handled with the utmost sensitivity and in accordance with all FERPA guidelines. All foster care related documents should be stored under lock and key with other privacy protected records. Providing training for registrars, counselors, and school staff on confidentiality and sensitivity when enrolling students in foster care is highly recommended.

16. TEA Guidance Guidance from TEA on PEIMS coding for Students in Foster Care http://tea.texas.gov/FosterCareStudentSuccess/ Year-long eligibility.

17. CPS Involvement Foster Care or Homeless? (produced by the Texas Homeless Education Office)Foster Care or Homeless?

18. Nutrition Policies & Procedures Students in foster care are categorically eligible for all U.S. Department of Agriculture (USDA) child nutrition programs. Caregivers for children and youth in foster care do not have to complete a separate application to participate in these programs http://www.fns.usda.gov/sites/default/files/cn/EliMan.pdf (p. 12; p. 13; p.14-15 and p. 45)http://www.fns.usda.gov/sites/default/files/cn/EliMan.pdf

19. Scenario 1 Ben is enrolled by his foster parent, who presents form 2085-E at enrollment. Ben is 4 years old and will be attending school for the first time. How should Ben be coded in PEIMS?

20. Scenario 2 Katie enrolls in your school this year with a form 2085 and a foster parent. The form 2085 is dated 2013. Can you still enroll this student? How should they be coded in PEIMS?

21. Scenario 3 Sam was adopted on September 13 th. However, when Sam enrolled in your school with his 2085 form he was considered foster care. Should Sam’s PEIMS code be changed? Will Sam’s nutrition eligibility change?

22. Questions?