Providing Transportation to Ensure School Stability

1. Providing Transportation to Ensure School Stability “Child Welfare, Education and the Courts: A Collaboration to Strengthen Educational Successes of Children and Youth in Foster Care” November 3, 2011

2. Outline for Presentation Overview of Fostering Connections State Implementation Considerations – Transportation State and Local Implementation Examples Collaboration to Arrange and Provide Transportation Philadelphia, Pennsylvania Broward County (Fort Lauderdale), Florida Reimbursement for Transportation California Tools and Resources

3. Collaboration between American Bar Association, Education Law Center, and Juvenile Law Center, in collaboration with Annie E. Casey Foundation, Casey Family Programs, and Stuart Foundation. A national technical assistance resource and information clearinghouse on legal and policy matters affecting the education of children and youth in out-of-home care. Website: www.ambar.org/LegalCenter Listserv, Conference Calls, Publications, Searchable Database

4. Fostering Connections to Success and Increasing Adoptions Act of 2008 • Amends Title IV (Parts B and E) of the Social Security Act • Broad-reaching amendments to child welfare law; requires court oversight • Important provisions promoting education stability and enrollment for youth in care • Changes child welfare law, but cannot be fully realized without collaboration from education system

5. Presumption: Same School The child’s case plan must include “(I) an assurance that the state [or local child welfare agency] has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement” 42 U.S.C.A. 675(1)(G)(ii).

6. Presumption: Same School • If remaining in the same school is not in the best interest of the child, the child’s case plan must include • “(II) … assurances by the State agency and the local education agencies to provide immediate and appropriate enrollment in a new school, with all of the education records of the child provided to the school.” 42 U.S.C.A. 675(1)(G)(ii).

7. Topics Not the Focus of Today How to support school proximity How to determine best interest: Reminder: not cost of transportation Individuals involved and final decision Immediate Enrollment in a new school, with records Liaisons and points of contact in the agencies 7

8. Focus for Today Children who it is in their best interest to remain in the school enrolled at the time of placement; AND Continuing that enrollment will require some form of transportation. 8

9. Transportation The term foster care maintenance payments includes “reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.” 42 U.S.C.A. 675(4)(A). July 2010 Program Instruction reiterates previous guidance that Title IV-E administrative costs can be used for school transportation.

10. How Many Children Will Need Transportation? Remember: Not all children in care will require transportation to remain in their same school. Total # of children in care minus # not yet school age minus # graduated/left HS minus # placed within the school boundaries minus # in their BI to be immediately enrolled in new school minus # covered under McKinney Vento minus # have transport. in IEP EQUALS # of children who may need transportation to remain in current school 10

11. Children Not Requiring Transportation • Placed in school boundaries • Best interest to be enrolled in another school • Completed high school

12. Some Examples of Additional Transportation Needed, but No Additional Cost Adding a bus stop to a preexisting bus route. School district bus routes converge Example: Louisiana Children who move within the same school district and transportation across the district is available for other reasons Children who live close to or can be dropped off at a bus stop proximate to the existing transportation system for the current school Children who have transportation written into their IEPs because of legitimate special education needs Children eligible for McKinney-Vento 12

13. McKinney-Vento and Foster Care “Homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence…; and includes: children living in emergency or transitional shelters children abandoned in hospitals Unaccompanied homeless youth children “awaiting foster care placement” No federal definition of children “awaiting foster care placement” (AFCP) up to states to determine 13

14. Comparing McKinney-Vento to Fostering Connections McKinney-Vento Act (Education Law: NCLB) Requires school districts to ensure school stability, provide transportation to school of origin, pendency in school of choice while disputes are resolved, immediate enrollment, help of school liaisons to enroll, access to Title I, comparable services etc. Fostering Connections (Child Welfare: Title IV-E) Requires caseworkers to consider proximity and appropriateness of prior school in placing children AND to ensure school stability unless remaining in same school is not in child’s best interest. Transportation is permissible CW cost; no liaisons. 14

15. Examples of Transportation that Does Require Additional Costs Foster parent, relative or other significant adult provides transportation but needs reimbursement for mileage Agency provides youth or caretakerbus passes or other public transportation vouchers Agency contracts with private transportation company to provide bus/van/car School reroutes, or adds bus to fleet to accommodate new transportation need 15

16. Important State Considerations • What is the State’s FMAP Rate? • Should the State Claim School Transportation as a FCMP or an Administrative Cost? • How do child welfare agencies determine what is considered “reasonable travel”? • Are child welfare agencies permitted to include school transportation costs in a FCMP paid to the child’s provider OR as a separate payment directly to the transportation provider?

17. Big Picture Education stability requirements apply to all children in care, not just IV-E eligible kids; If child welfare agencies must ENSURE children stay in their current school, (and it is in their best interest to do so), then it follows that they are ultimately responsible to ENSURE, when it is needed, that transportation is provided. Costs must be addressed; can be through Child Welfare or Education funding alone, or collaboration across agencies to fund this transportation. Fostering Connections requires collaboration across agencies. Intent is that collaboration occur around the issue of transportation. The dependency court has the ability to ensure school stability for children in care, including ensuring child welfare agency has a documented plan for education stability, and ensuring transportation is provided when necessary. 17

18. Legal Center for Foster Care and Education Resources www.ambar.org/LegalCenterMATERIALS • Fostering Connections Toolkit • McKinney-Vento and Fostering Connections Overlap Series • Data and Information Sharing (Manual and Tools) • Searchable Database

19. Broward County, Florida • Southeast Florida (Fort Lauderdale and surrounding area) • 1,200 square miles • 1.7 million residents • Broward County Public Schools is the 6th largest school district in the country • Over 257,000 students • 230 schools/centers and 68 charter schools • Nearly 1,000 children in licensed out-of-home care • 580 students in licensed care in PK-12 as of 10/6/11 • First School District/Child Welfare interagency agreement signed in January 1999

20. 2.14 Educational Stabilization. This Agreement ensures that: a) the Parties develop and support program initiatives to facilitate the effective and efficient delivery of education and related services to eligible students known to the department; b) ChildNet shall attempt to place students in shelter and foster care homes within or closest to their home school boundaries to facilitate stabilization of school placements; c) ChildNet and SBBC staff shall follow guidelines and procedures as identified in the Fostering Student Success training manuals in order to promote educational stability and request transportation when appropriate; d) SBBC shall make every effort to provide transportation for students living in out of home licensed placement when it is in the best interest of the student to attend their school of origin which is not within the approved school assigned boundaries of the shelter/foster care home location. Other transportation requests to maintain school of origin will be determined on a case-by-case basis. Requests for transportation are processed within 10 business days of receipt of the request by the SBBC Transportation Department. Notice of approval or denial of transportation will be reported to the assigned Child Advocate, the ChildNet Administrator responsible for coordinating transportation, the caregiver and the foster care designee. SBBC Court Liaison, upon confirmation by the SBBC Transportation Department, will provide the notice;

21. e) ChildNet retains the responsibility to coordinate temporary transportation for students to and from school during the time that SBBC transportation is being arranged; f) DCF and ChildNet will explore the use of Title IV-E funding for alternative transportation options; g) foster parents and other approved caregivers of children known to the department have the authority to enroll the children in their care in school pursuant to section 1000.21 (5), definition of a parent.

22. Transportation Routed

23. Transportation Feasibility Grid

24. Mobility (2005-2008)

25. Consider The Following… “Awaiting foster care” under McKinney-Vento for students in shelter facilities Consider NCLB/AYP school choice options Magnet schools/other regional program sites ESE “cluster” sites Population focus (i.e. high school) Develop a solid immediate process- any waiting will cause loss of momentum

26. Cautionary Tales Availability can change year-to-year Personnel turnover (schools and child welfare) means constant training/attention School district leadership may weaken child welfare responsiveness Best-interest decision-making practices- requires a community-developed protocol Treats (flowers, cookies etc.) get pricey 

27. School Stability and Transportation Coordination for Children in Out of Home Placement Philadelphia Department of Human Services and School District of Philadelphia Liza M. Rodriguez, Ph.D., Consultant Research, Education, and Social Innovations Bridging Vision, Strategies, and Practice

28. School Stability and Transportation Coordination Background for School Stability & Transportation Coordination in Philadelphia Framework: Child Welfare and School District Collaboration Mayor’s Cross-Systems Leadership Initiative Data Sharing Memorandum of Understanding School Stability and Transportation Coordination Protocol Preliminary Year 1 data Lessons Learned Presentation Outline

29. Background: School Stability and Transportation Coordination inPhiladelphia Child welfare and school district collaboration in Philadelphia Mayor Michael Nutter’s alignment of City services with school district Mayoral convening of key city departments and School District of Philadelphia Cross-systems work group Data-sharing Memorandum of Understanding between child welfare and school district School Stability Transportation Protocol for Children in Out of Home Placement

30. Framework: Child Welfare and School District Collaboration

31. Framework: Child Welfare & School District Collaboration MOU = Information Sharing Name, Address Demographic information All schools attended Attendance Disciplinary/behavioral record Grades for all subjects High school credits Special education status and records (IEP) Standardized test scores Name, Date of Birth, Case Number Name and contact information for DHS worker, supervisor, administrator Provider agency and contact information Placement zip code, date and discharge date Type of placement Final status of investigation if School is reporter Court dates Status of parents’ education rights Child welfare School District

32. Framework: Child Welfare & School District Collaboration Transportation Coordination Protocol Busing/transpass requested through counselor if outside of 1.5 mile radius Remains in current school Attendance and progress monitored TRACK 1 Child is placed 1st time or changes placement SCHOOL DHS Education Support Center & District assistance STABILITY TRACK 2 Attendance and progress monitored Cannot remain in school due to safety or other critical factors listed in Policy Provider obtains transfer packet from original school Immediately enrolled in new school

33. Child Welfare and School District CollaborationPreliminary Year 1 Data DHS tracks data on individual consultations to identify common barriers, length of time in resolving barriers, and barrier resolutions More than 1024 individual consultations by DHS Education Liaisons as of May 2011 Of the 1024 consultations, 916 unduplicated youth have been served. Top three identified educational barriers in consultations: School Stability (31%) Unexcused Absences (22%) Transportation (12%)

34. Child Welfare and School District CollaborationPreliminary Year 1 Data Resolutions 97% of Education Barriers addressed by the Education Support Center are resolved. Appropriate Education Setting Identified 22% Stayed in School of Origin 14% Transportation Provided 9% Resource Information Provided, 11% Other (foster home changed, home environment issues addressed, etc.) 13%

35. Child Welfare & School District Transportation CoordinationLessons Learned School stability ensured for approximately 200 children in first year of full implementation Both child welfare and schools welcomed a single point of contact to resolve school stability issues for children in placement. Communication and cross-training between systems is critical – on a regular basis Both systems understood how to take unresolved system barriers “up the chain of command”

36. Child Welfare & School District School Stability CollaborationLessons Learned Systems continue to make internal reforms and changes - Collaboration structure needs to adapt to change to sustain itself over time

37. Questions, Comments

38. Contact Information Liza M. Rodriguez, Ph.D. Consultant Research, Education, and Social Innovations Bridging Vision, Strategies, and Practice Liza.margarita@gmail.com 215-990-2049

39. Contact Information • Kristin Kelly, J.D., Staff Attorney, ABA Center on Children and the Law, Legal Center for Foster Care and Education www.ambar.org/LegalCenter Kristin.Kelly@AmericanBar.Org • Debbie Winters, Foster Care/Dependency Liaison Student Services Department, debbie.winters@browardschools.com, 754-321-2122 • Liza M. Rodriguez, Ph.D., Consultant, Research, Education, and Social Innovations: Bridging Vision, Strategies, and Practice Liza.margarita@gmail.com, 215-990-2049