1. The Texas 84 th Legislature: A recap of laws impacting the education of homeless and foster children and youth Presented by: Jeanne Stamp, LCSW, LMFT, LCDC, ACSW jeannestamp@austin.utexas.edu 512-475-6898 Texas Homeless Education Office 2/2015

2. HB: 679 Directs a Texas statewide study on homeless youth to be conducted by TDHCA and other members of TICH (TNOYS will lead the effort with THN) to identify: 1. the number of homeless youth (under 19 years old) in TX 2. the needs of these homeless youth 3. the extent to which current programs meet those needs 4. funding sources to provide services 5. a strategic plan with steps and timelines for reducing youth homelessness in TX

3. HB: 679 Unfortunately while the definition of homeless youth in the House version included doubled up and motel/hotel living, this part of the definition was removed in the Senate and final version. We think there is a work around on this – identified by the TNOYS the lead agency in designing the survey tool This study is a great opportunity for CoC’s and Schools to begin talking and working together to identify the numbers, issues and gaps for these students, and to look at collaborative approaches to services and funding.

4. HB 1559  Requires any school/campus with a website to post information regarding local services and programs that assist homeless students  The information must be easily understandable in English and Spanish  The information must be easy to find on the site  Any district that has fewer than 3,000 students and is in a county with a population less than 50,000 is exempted 2/2015 \

5. HB 1559  Service providers may request that they be listed on the school’s website  While the school does not have to list everyone that requests it, they will want to list the most essential services, along with points of access  This information is the type of information that is shared at local homeless coalition meetings  This sharing will also point up gaps in services and hopefully provide impetus for collaboration and seeking funding 2/2015 \

6. HB 1804  Assists students in substitute care with school transitions  10 days for schools to send records  Develop systems to ease transitions  Develop systems for awarding partial credit from current and previous school  Promote practices that facilitate access to extracurricular, summer and credit accrual programs for students in substitute care 2/2015 \

7. HB 1804  Encourage school districts to provide services for students in substitute care when applying for post secondary study and financial aid  Requires acceptance of special education referrals from the previous school  Requires notice to the education decision-maker and caseworker regarding certain events that significantly impact the child’s education  Develop procedures for allowing the student to complete a course that is gequired for graduation at no cost and before the beginning of the next year 2 \

8. HB 1804  Ensure that a student not likely to graduate prior to the fifth year following 9 th grade enrollment has his/her cretit accrual and personal graduation plan reviewed  Ensure a student in 11 or 12 grade be provided information regarding tuition and fee exemptions for dual credit courses 2 \

9. HB 2398 Addresses truancy prevention – is a 93 page bill with a number of provisions. Truancy prevention programs are required prior to referral to truancy courts. 1. The truancy charge may be dismissed if there is “sufficient justification for failing to attend school” (Article 45.0513 code of Criminal Procedure)including truancy due to homelessness 2. Increases the age from 18 to 19 for mandatory school attendance (ED Code: 25.085(b) 3. A school district may not refer a student to truancy court if the school determines the student’s truancy is the result of pregnancy, being a foster child, being homeless, being the principal earner for the family (25,0915(B)(2)(a-3)

10. HB 2398 4. Defines “parent” to include “a person standing in parental relation” 5. Gives school districts the leeway to delay or not refer for truancy if: ◦ a. The district is applying truancy prevention measures, and ◦ b. The district determines the measures are succeeding and ◦ c. The district determines it is in the best interest of the student to delay or not make the referral 6.“Status Offender” means a child who is accused, adjudicated, or convicted of conduct that would not, under state law, be a crime if committed by an adult 7. Takes effect September 1 2015

11. HB3748  Contains many of the same provisions as HB1804 for coordination of educational support for current and former foster children  Eases transitions  Awarding of credit, including partial credit  Support services, school programs access  Schools must provide notice to the child’s educational decision-maker of certain events  Notification of tuition and fee exemptions for dual credit courses 10/1/2015

12. HB3748  Access to dual credit courses to activate tuition and fee waivers  Institutions of higher education must designate a foster liaison to provide support services and resources to former foster youth  The Texas Higher Education Coordinating Board must designate a foster liaison to assist in coordinating college readiness and student success 10/1/2015

13. HB3748  Information exchange between DFPS and THECB including demographic information of students attending institutions of higher education  THECB to provide to DFPS information regarding educational outcomes on: academic achievement, graduation rates, attendance, etc.  The Texas Higher Education Coordinating Board must designate a foster liaison to assist in coordinating college readiness and student success 10/1/2015

14. SB 1494  Amends TEC 25.007 and Requires TEA to assist homeless students and students in substitute care with transitions to other schools by requiring districts to:  Send school records within 10 days of enrollment  Develop procedures for awarding credit, including partial credit from a previous school  Facilitate access to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost 10/1/2015

15. SB 1494  Requires the district to develop procedures to allow students to complete a course required for graduation  Encourages schools to assist students with applying for postsecondary education and financial aid  Requires a school to accept the referral of students in Special Education 10/1/2015

16. SB 1494  Requires review of the student’s personal graduation plan including credit accrual if it appears the student might not graduate in the 5 th year of high school  Allows a student in the 11 or 12 grade to graduate from their previous school if they qualify to do so and they are ineligible to graduate from their current school 10/1/2015

17. HB505  Prohibits the Texas Higher Education Coordinating Board from adopting any rule that would limit the number of dual credit courses or hours in which a student may enroll while in high school or in a given semester or academic year  Dual credit courses “activate” the tuition and fee waiver for higher education for former foster youth 10/1/2015

18. Other bills affecting students in substitute care  SB1117  SB1407  SB125  SB206  SB219 10/1/2015

19. SB1117 relating to housing services provided through the transitional living services program to certain children in the conservatorship of the DFPS SECTION 1. Section 264.121, Family Code, is amended (i) The department shall ensure that the transition plan for each youth 16 years of age or older includes provisions to assist the youth in managing the youth's housing needs after the youth leaves foster care, including provisions that: 10/1/2015

20. SB1117 (1) identify the cost of housing in relation to the youth's sources of income, including any benefits or rental assistance available to the youth; (2) if the youth's housing goals include residing with family or friends, state that the department has addressed the following with the youth: (A) the length of time the youth expects to stay in the housing arrangement; (B) expectations for the youth regarding paying rent and meeting other household obligations; 10/1/2015

21. SB1117 (C) the youth's psychological and emotional needs, as applicable; and (D) any potential conflicts with other household members, or any difficulties connected to the type of housing the youth is seeking, that may arise based on the youth's psychological and emotional needs; (3) inform the youth about emergency shelters and housing resources, including supervised independent living and housing at colleges and universities, such as dormitories; 10/1/2015

22. SB1117 (4) require the department to review a common rental application with the youth and ensure that the youth possesses all of the documentation required to obtain rental housing; and (5) identify any individuals who are able to serve as cosigners or references on the youth's applications for housing. SECTION 2. This Act takes effect September 1, 2015. 10/1/2015

23. SB1407  “Normalcy” bill that allows substitute caregivers to approve or disapprove of a child’s participation in activities based on a “reasonable and prudent parent” standard 10/1/2015

24. Other Bills  SB125 requires a comprehensive assessment no later than 45 days after coming into care – including a trauma screening  SB 206 Sunset recommendations for foster care redesign: copies of important documents by 16 th birthday, identify education decision-maker, school of origin rights strengthened  SB219 Sunset recommendations – education provisions – education decision maker, permanency plan addresses educational needs, addresses early childhood and educational services 10/1/2015

25. Federal Updates: Elementary and Secondary Education Act Reauthorization: Current Status “The Every Child Achieves Act of 2015,” S. 1177, The “Student Success Act,” H.R. 5, In the following slides, an asterisk* indicates provisions included in both bills 25

26. Every Child Achieves Act of 2015: State Coordinators and Liaisons Every Child Achieves Act of 2015: State Coordinators and Liaisons State coordinators must be able to sufficiently carry out duties* State coordinators must annually publish updated list of liaisons on SEA website* State coordinators must monitor LEAs Local liaisons must have sufficient time and training to carry out duties As determined appropriate by State Coordinator, local liaisons must participate in professional development and technical assistance 26

27. Every Child Achieves Act of 2015: School Stability Provisions Every Child Achieves Act of 2015: School Stability Provisions Enhanced school stability: presumption that staying in the school of origin is in the student’s best interest, unless individual determination of best interest factors shows otherwise* School of origin definition is amended to include feeder schools* 27

28. Every Child Achieves Act of 2015: Enrollment Provisions Every Child Achieves Act of 2015: Enrollment Provisions Clarifies that homeless children and youth must be enrolled in school immediately, even if the student has missed application or enrollment deadlines during any period of homelessness* Requires SEAs and LEAs to develop, review, and revise policies to remove barriers to the identification, enrollment, and retention of homeless students in school, including barriers related to fees, fines, absences, and credit accrual policies 28

29. Every Child Achieves Act of 2015: Credit Accrual and Academic Support Every Child Achieves Act of 2015: Credit Accrual and Academic Support States must have procedures to ensure that homeless children and youth: are able to receive appropriate credit for full or partial coursework satisfactorily completed while attending a prior school have access to magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State or local levels 29

30. Every Child Achieves Act of 2015: School Success and Extra-Curricular Activities Every Child Achieves Act of 2015: School Success and Extra-Curricular Activities SEAs and LEAs must adopt policies and practices to promote school success, including access to full participation in academic and extra- curricular activities that are made available to non-homeless students. 30

31. Every Child Achieves Act of 2015: Unaccompanied Homeless Youth Every Child Achieves Act of 2015: Unaccompanied Homeless Youth Requires local liaisons to ensure that unaccompanied homeless youth:* ◦are enrolled in school; ◦have opportunities to meet State academic achievement standards, including through the McKinney-Vento Act’s credit accrual provisions; and ◦are informed of their status as independent students for financial aid and may obtain assistance to receive verification for the FAFSA. 31

32. Every Child Achieves Act of 2015: Identification, Privacy, and Funding Every Child Achieves Act of 2015: Identification, Privacy, and Funding Added emphasis on identification throughout the law Schools must treat information about a homeless child or youth’s living situation as a student education record, and may not release this information to persons not authorized under FERPA* Authorizes “such sums as may be necessary” for FY2016-FY2021 32

33. Every Child Achieves Act of 2015 Title I Part A Provisions on Homelessness Every Child Achieves Act of 2015 Title I Part A Provisions on Homelessness Requires the State plan to describe how the SEA will comply with the McKinney-Vento Act Authorizes the amount of Title I set-aside to be determined based on a needs assessment, and to be used for services not ordinarily provided by Title I, including local liaisons and transportation to the school of origin Clarifies that the Title I set-aside is for all schools in an LEA (not just non-participating) 33

34. Every Child Achieves Act of 2015: Foster Care – State Title I Plans (1) Every Child Achieves Act of 2015: Foster Care – State Title I Plans (1) State Title I Plans must describe the steps the SEA will take to ensure collaboration with the State child welfare agency to improve the educational stability of children or youth in foster care including assurances that: 1. Foster youth are enrolled or remains in their school of origin, unless a determination is made that it is not in their best interest; 34

35. Every Child Achieves Act of 2015: Foster Care – State Title I Plans (2) Every Child Achieves Act of 2015: Foster Care – State Title I Plans (2) 2. The determination must 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 3. When a determination is made that it is not in the best interest to remain in the school of origin, the child must be immediately enrolled in a new school 35

36. Every Child Achieves Act of 2015: Foster Care – State Title I Plans (3) Every Child Achieves Act of 2015: Foster Care – State Title I Plans (3) The SEA designates a point of contact for the state child welfare agency, who will oversee implementation of the SEA responsibilities The SEA point of contact may not be the same person as the state coordinator for homeless children and youth under the McKinney-Vento Act 36

37. Every Child Achieves Act of 2015: Foster Care – Local Title I Plans (1) Every Child Achieves Act of 2015: Foster Care – Local Title I Plans (1) Within one year of enactment, LEAs must develop and implement plans for the transportation of foster youth to their school of origin, when in their best interest LEAs are required to provide transportation to the school of origin only if they are reimbursed by the child welfare agency, or if they agree to provide it 37

38. Every Child Achieves Act of 2015: Foster Care – Local Title I Plans (2) Every Child Achieves Act of 2015: Foster Care – Local Title I Plans (2) LEAs must designate a point of contact if the corresponding child welfare agencies notifies the LEA, in writing, that it has designated a point of contact for the LEA 38

39. Every Child Achieves Act of 2015: Awaiting Foster Care Placement Every Child Achieves Act of 2015: Awaiting Foster Care Placement Within one year of enactment, “awaiting foster care placement” is deleted from the definition of homelessness in the McKinney-Vento Act 39

40. Every Child Achieves Act of 2015: State Report Cards Every Child Achieves Act of 2015: State Report Cards Under current law, States put out report cards on achievement, including specific subgroups S. 1177 maintains this, and adds homeless and foster children and youth to state assessments S. 1177 includes similar subgroup reporting for graduation rates and other indicators States will use to design accountability, but not homeless/foster Potential amendment to add homeless/foster to graduation rate disaggregation 40

41. What about RHYA and EHCY Funding? What about RHYA and EHCY Funding? Education for Homeless Children and Youth (EHCY) and Runaway and Homeless Youth Act (RHYA) are the only two federal programs specific to children/youth House and Senate Labor-HHS-Education Committee FY2016 appropriations bills contain $2 million for youth prevalence study, level funding for EHCY, and a $1 million decrease for RHYA 41

42. The Homeless Children and Youth Act: What Does it Do? Amends HUD’s definition of homelessness to include children and youth verified as homeless by school liaisons, RHYA programs, Head Start, Health Care for the Homeless programs, etc. Prohibits HUD from prioritizing one group over another; communities would be guided by local needs assessments Requires data from all federal homeless programs to be part of HUD’s Report to Congress 42