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ESSA Foster Care Provisions: Updates and Strategies for Improvement

This presentation provides updates on the ESSA foster care provisions, strategies for improving reporting and coordination, acceptable documentation, and training resources. Learn how to ensure compliance with the new law and support students in foster care.

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ESSA Foster Care Provisions: Updates and Strategies for Improvement

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  1. Foster Care CollectionPEIMS UpdateMarch 29, 2017

  2. Presentation Goals • ESSA Updates | Foster Care • Under-reporting Information • Strategies for Improvement • Points of Contact • Acceptable documentation • Training Resources

  3. Did you know? The ESSA Foster Care Provisions are now in effect. December 10, 2016

  4. ESSA and Students in Foster Care • The new law includes significant and historical changes for students in foster care. • ESSA aligns federal education law with child welfare law • Fostering Connections to Success and Increasing Adoptions Act of 2008 promotes school stability by: • Promotes school of origin and maintaining child in the school enrolled at the time of placement, unless it is not in the child’s best interest, coordination between education and child welfare; • Assures foster care placement decisions take into account appropriateness and proximity of current educational setting; and • Requires immediate and appropriate enrollment if remaining in that same school would not be in the child’s best interest. 42 U.S.C. § 675(1)(G) • A number of ESSA requirements are already is Texas law, but expand collaboration with the child welfare organization at state and local levels (20 USC 6311(g)(1)(E)(i))

  5. ESSA and Students in Foster Care | Changes • ESSA Components: • Designating points of contact between education and child welfare; • Transportation planning; • Including students in Foster Care in Title I; and • Requiring new data reporting. • Reinforces Texas School stability laws See Texas Education Code (TEC) §§25.001(g) – (g-1), 33.904, 25.007 (b)(13)

  6. Data and Accountability • Students in foster care are now a mandatory sub-group for which LEAs and states must collect and report data 20 USC §6311(h)(1)(C)(ii) • State report cards must include disaggregated information, including the graduation rates and academic achievement of students in foster care 20 USC §6311(h)(1)(C)(iii) • The existing PEIMS code for students in foster care will help Texas to fulfill the new data collection requirements TEC §7.029(b-1)

  7. PEIMS Code Information: http://tea.texas.gov/Reports_and_Data/Data_Submission/PEIMS/PEIMS_Data_Standards/PEIMS_Data_Standards/ / Section 2: Data Submission Requirements, 102 Record Texas Education Code § 7.029 **Foster Care status must be handled with the utmost sensitivity and in accordance with all FERPA guidelines! **

  8. 2015-16 Student Program Reports https://rptsvr1.tea.texas.gov/cgi/sas/broker

  9. Reasons for under-reporting • School is not informed that a student is in foster care. • School does not have identification information on enrollment paperwork. • Students living in a Kinship placement, may not identify as Foster Care for PEIMS. • Districts does not have a process in place for communicating information from school office to district FC Liaison and Registrar. • Others - ???

  10. Educator Strategies for Improvement: • Identify communication and training avenues. • Make sure LEA’s are aware of acceptable, non-acceptable documentation (TEA PEIMS Supplemental Guidance Brief available). • Encourage coordination and collaboration among PEIMS Coordinators, Registrars and Foster Care Liaisons in LEA’s. • Encourage collaboration with child welfare locally: Child Placing Agencies, Group Homes, Residential Treatment centers, DFPS Education Specialists, Caseworkers, Foster Parents, etc.

  11. Educator Strategies for Improvement – Cont’d • Support LEA’s with collection: • How are students in DFPS Managing Conservatorship being identified? • Where is the question asked in the enrollment process and what language is used? • Overall what documents and processes are used? • Does the process used promote sensitivity and protect confidentiality? • How is information securely communicated between registrars, PEIMS coordinators, and Foster Care Liaisons?

  12. Planning questions | Coordination w/DFPS: • How many children in DFPS managing conservatorship attend school in your LEA? Is that number growing? • How many children in DFPS Managing Conservatorship are placed in the LEA? • What type of placement settings are in your district? • Kinship Caregiver • Foster Home • Emergency Shelter • Residential Treatment Center • Other • Are students remaining in their school of origin? • What patterns do you observe regarding students entering/exiting schools within your community and district?

  13. Regional Texas Contacts • Existing points of contact in the both education and child welfare systems can help Texas to meet these new requirements • DFPS Education Specialists • https://www.dfps.state.tx.us/Child_Protection/State_Care/education.asp • District/Charter School Foster Care Liaisons and ESC Foster Care Champions • http://tea.texas.gov/FosterCareStudentSuccess/liaisons/

  14. Chap. 2 p. 23

  15. School District Foster Care Liaison Information is now maintained in AskTED. TEA Foster Care Liaison Info: http://tea.texas.gov/FosterCareStudentSuccess/laws/ • Liaison contact information and updates are submitted to TEA through each district’s AskTED administrator. • For questions about AskTED updates, please contact Lynne Krajevski, TEA AskTED Administrator, at askTED@tea.state.tx.us or 512-463-9809. • If you are a charter school, please contact the Charter School Division at (512) 463-9575 or CharterSchools@tea.state.tx.us directly to submit the name and contact information of your foster care liaison.

  16. Foster Care & Education Data Fact Sheet:

  17. Chap 4. page 32, Chap 6. page 50-51, p. 123 • Definition of Foster Care for PEIMS • Acceptable Documentation • Non-Acceptable Documentation

  18. Placement Authorization form 2085 Chap 6, pg. 50-51, 123 Samples of DFPS FORMS: http://www.dfps.state.tx.us/site_map/forms.asp

  19. Chap. 9 p. 68, 69 Texas Family Code §263.004

  20. Education Decision-Maker Form 2085-E Resource Guide p. 91 Texas Education Code § 25.007 Chap. 11 p. 91 • Significant Education Events including, but not limited to: (A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;(B) admission, review, and dismissal committee meetings; (C) manifestation determination review required by Section 37.004 (b); (D) any disciplinary actions under Chapter 37 for which parental notice is required; (E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;(F) reports of restraint required by Section 37.0021. (G) Use of corporal punishment as provided by Section 37.0011, is not permitted for students foster care.

  21. Chap 6. 50-51 Acceptable Documentation: Court Order • Court order naming DFPS Temporary Managing Conservatorship (TMC) or Permanent Managing Conservatorship (PMC) may always be presented to the school; however, the 2085 is DFPS’s preferred document to provide to the school. The court order contains very personal details related to a student’s abuse or neglect history. Information that’s not related to identifying DFPS as the managing conservator may be redacted from the court order before a copy is given to the school.

  22. TEA ESSA Resources: • ESSA Preliminary Implementation Q & A: • http://tea.texas.gov/FosterCareStudentSuccess/Resources/ • TAA ESSA and the Education of Students in Foster Care, November 18, 2016: • http://tea.texas.gov/About_TEA/News_and_Multimedia/Correspondence/TAA_Letters/Every_Student_Succeeds_Act_(ESSA)_and_the_Education_of_Students_in_Foster_Care/ • State Transportation Allotment Handbook, Section 3: • http://tea.texas.gov/Finance_and_Grants/State_Funding/State_Funding_Reports_and_Data/School__Transportation_Funding/

  23. PEIMS/Data related information pg. 16, 36, 45, 50, 51, 123.

  24. Astudent’s foster care status must be handled with the utmost sensitivity and in accordance with all FERPA guidelines! Chap. 6 p. 52-54 Questions for consideration: Where and how are DFPS forms in your LEA stored? Is it secure? Does your method protect confidentiality and align with FERPA? Are you sensitive in your interactions with students and respectful of their privacy? **Please notify your district’s foster care liaison or TEA’s Foster Care Education and Policy Coordinator if you experience challenges or have concerns related to FERPA, confidentiality, and/or sensitivity of a students foster care status.**

  25. TEA Foster Care & Student Success: • TEA Website: http://www.tea.state.tx.us/FosterCareStudentSuccess/ • Email: Fostercareliaison@tea.texas.gov • TEA Foster Care & Student Success listserv: https://public.govdelivery.com/accounts/TXTEA/subscriber/new • Foster Care Education & Policy, and Homeless/McKinney-Vento, State Coordinator, Kelly Kravitz fostercareliaison@tea.texas.gov; kelly.kravitz@tea.texas.gov; 512-463-9235

  26. Committed to Transforming the Education outcomes of Texas’ most vulnerable students… THANK YOU FOR JOINING Today’s Presentation!

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