Foster Care Every Students Succeeds Act ESSA Ensuring

Foster Care Every Students Succeeds Act (ESSA) Ensuring Educational Stability for Children in Foster Care December 1, 2016 Felica Denton 2

Every Student Succeeds Act (ESSA) and Foster Care • Enacted December 10, 2015 • Reauthorized the Elementary and Secondary Education Act (ESEA) (Originally enacted in 1965 and last reauthorized as the No Child Left Behind Act in 2002) • For the first time, it contains key protections for students in foster care to promote school stability and success, and required collaboration with child welfare partners. 3

Fostering Connections Act The 2008 Fostering Connections to Success and Increasing Adoptions Act was enacted to support and promote school stability and success for students in foster care while collaborating with child welfare partners. This law presents an important step forward, but state and local implementation are essential to ensure adequate protections for students in foster care. 4

What are the Foster Care Provisions? – Ensure School Stability – Provide collaboration between agencies – Provide data and accountability 5

Educational Stability Provisions • Ensure School Stability – Foster care child will remain in the same school when in their best interest – Provide immediate enrollment in school and transfer of school records – Provide school transportation when necessary 6

Collaboration Provisions • Collaboration between agencies – Point of Contact (POC) designated at the State Education Agency (SEA) level – Point of Contact designated at the Local Education Agency (LEA) level – Point of Contact at the State or local welfare and tribal agencies level 7

Data & Accountability Provisions • District Data & Accountability – Required Data Collection and Reporting – State report cards must include disaggregated information on graduation rates and academic achievement of children and youth in foster care. 8

Why Are These Protections Needed? • Children in foster care some of the country’s most educationally disadvantaged students. • Compared to other students, they experience: – Higher rates of school suspensions and expulsions; – Lower standardized test scores in reading and math; – High levels of grade retention and drop-out; – Lower high school and college graduation rate 9

OSDE Foster Care Point of Contact The OSDE Foster Care POC is Felica Denton (405) 522 -5035 or Felica. Denton@sde. ok. gov Responsibilities of the OSDE Foster Care POC: – Coordinate with corresponding State and Tribal child welfare agency point of contacts – Facilitate data sharing with the State and Tribal child welfare agencies – Monitor LEAs to ensure compliance with the Title I requirements at the local level 1 0

OSDE Foster Care Point of Contact – Provide professional development opportunities and technical assistance for LEA POCs and other personnel regarding school stability and educational support for children in foster care, as needed – Collaborate with State and Tribal Child Welfare Agencies (CWAs) to provide guidance to LEAs regarding laws, regulations and policies. 1 1

LEA Point of Contact • Designate by Dec. 10, 2016 • May be the same as the homeless coordinator • Responsibilities of the LEA Foster Care POC are: – Coordinate with the corresponding child welfare agency POC on the implementation of the Title I provisions – Lead the development process for making the best interest determination 1 2

LEA Point of Contact – Document the best interest determination – Facilitate the transfer of records and immediate enrollment – Facilitate data sharing with the child welfare agencies, consistent with FERPA and other privacy protocols – Develop and coordinate local transportation procedures – Manage best interest determinations and transportation cost disputes 1 3

LEA Point of Contact – Provide professional development and training to school staff on Title I provisions and educational needs of children in foster care, as needed. 1 4

Guidelines to Implement the Educational Stability Provisions • CWA notifies the LEA POC regarding which students are in foster care • CWA informs the LEA POC about a child placement away from parents or guardians • Such child will enroll or remain in the school of origin, unless a determination is made that it is not in the child’s best interest to attend the school of origin 1 5

Guidelines for Educational Stability Cont. • If there is disagreement regarding school placement for a child in foster care, the child welfare agency should be considered the final decision maker in making the best interest determination (unless State law or policy dictates otherwise). • The LEA must collaborate with the CWA to develop and implement clear written procedures governing how transportation is provided to maintain children in foster care in their schools of origin, when in their best interest 1 6

Guidelines for Educational Stability Cont. • 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 the school of residence by the child’s foster parent or caseworker. • To prevent educational discontinuity, ESSA, Section 1111(g)(1)(E) stipulates that enrollment must not be denied or delayed for children in foster care because documents normally required for enrollment have not been provided 1 7

Legal Verification Documents • Foster care children may be brought to school for enrollment by their foster care parents, social workers or other legal guardians. The LEA has the obligation to immediately enroll these children in school. After immediate enrollment, the following guardianship or legal custody documents shall be provided for verification: – Power of Attorney – Affidavit – Court Order 1 8

LEA Foster Care Plan • Under the requirements of ESSA, Section 1112(c)(5)(B) the Title I educational stability provisions take effect on December 10, 2016. By such date, each LEA shall have the Foster Care Plan developed and disseminated to all stakeholders. • Under ESSA, Section 1111(c)(5), an LEA must collaborate with the Child Welfare Agency and Tribal Child Welfare Agencies to implement the Title I educational stability provisions. 1 9

LEA Foster Care Plan Cont. • Therefore, each LEA shall develop a clear, written Foster Care Plan that includes the following: – LEA Point of Contact and responsibilities – Decision-making process – The type of documentation or records that should be shared between parties 2 0

LEA Foster Care Plan Cont. • Collaborative structure, such as regularly scheduled meetings, in which relevant individuals can participate in a particular process • The best interest determination document regarding the child’s school placement (school of origin or the receiving school); • Transportation procedures • Responsibilities and costs related to student transportation; • Clear, written policies that will remove barriers to immediate enrollment and record transfers for children in foster care. 2 1

Title I, Part A Set-aside for Children in Foster Care Transportation • Title I is an allowable funding source, although funds reserved for comparable services for homeless children and youth may not be used for transportation of foster care children. OSDE highly recommends that LEAs reserve 1% of Title I funds (for the salary of the Foster Care Coordinator, foster care student transportation, etc. ) • The 1% recommended for foster care needs must be in addition to the 1% reserved for homeless students. • If these funds are not utilized, the district can reassign funds for usage in other Title I areas. 2 2

Foster Care Coordinator coding • Use function code 2490 if the Foster Care Coordinator is a stand alone position. • Use function codes 2199 (Homeless Coordinator) and 2490 (Foster Care Coordinator) if the same person has both responsibilities. 2 3

Foster Care Coordinator coding cont. • Since the homeless coordinator and the foster care coordinator are 2 distinct positions, 2 function codes will have to be used. One function code will not encompass both types of responsibilities. • The homeless coordinator will provide direct student services (such as paying for student testing fees, arranging tutoring services, purchasing food or uniforms for students, etc. ). Therefore, the student support function code 2199 will have to be used. • The foster care coordinator will work more on the school administration support services aspects (such as working with Child Welfare Agencies, documenting the child’s best interest determination, facilitating the transfer of records, ensuring immediate enrollment, arranging transportation, etc. ). Therefore, the school administration support function code 2490 will have to be used. 2 4

Questions? 2 5

Contact Information Felica Denton Foster Care Coordinator (405)522 -5035 Felica. Denton@sde. ok. gov Anthony Kibble Foster Care Co-Coordinator (405)522 -3260 Anthony. Kibble@sde. ok. gov 2 6