EDUCATION OF STUDENTS IN

SUBSTITUTE CARE Foster Care Symposium

August 12, 2016

PRESENTERS

Jamie Bernstein

Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families, Staff Attorney

Jenny Hinson

Texas Department of Family and Protective Services, CPS Division Administrator for Permanency

Julie Wayman

Texas Education Agency, Director of Dropout Prevention and At-Risk Programs

SESSION GOALS

Introduction

Data on student outcomes

Laws related to foster care & education

Statewide efforts

Resources

INTRODUCTION

UNIQUE CHALLENGES FOR STUDENTS IN FOSTER CARE

Multiple residential and school changes

Missed school days for: Visits with parents and siblings

Court appearances

Therapeutic or other case-related appointments

When change schools, lose: Records

Credits

Supports and services

Chap. 1 p. 13

7.31 million children in Texas

75,328 children in cases

opened for services

290,471 alleged victims of abuse and neglect

investigated

1.7 million children in poverty

21,501 (28.5%) Substitute Care

(at least 1 child removed)

53,827 (71.5%) Family Preservation

(no children removed)

TEXAS CHILD WELFARE LANDSCAPE IN 2015

Source: DFPS 2015 Data Book and Texas KIDS Count for Child Poverty (2015)

DIFFERENT SYSTEMS, FINDING COMMON GROUND

Child Welfare Regions Education Regions

Chap. 2 p. 23

THE WHIRLWIND OF OUT-OF-HOME CARE

Removed from home/parents/siblings May not have had chance to say goodbye

Parents/siblings: Where are they? Are they ok?

Living with strangers In strange house/room/bed

Different customs/routine

Other children in home

Few or none of your possessions Uncertainty about future

Where will I live?

Will I return home?

Where will I go to school?

FOSTER CARE: WHO ARE THE ADULTS INVOLVED?

DATA & INFORMATION

NATIONALLY

Approx. 400,000 children in foster care.

56-75% of youth change schools when first entering care.

34% of 17-18 year olds in care experience 5+ school changes.

7th grade is the average reading level of 17-18 year olds in foster care.

20% of youth in care who graduated from high school attend college.

2-9% of youth formerly in care attain a bachelor’s degree.

84% of youth in care WANT to go to college.

Source: Fostering Success in Education: National Factsheet on the Educational Outcomes of Children in Foster Care,

Research Highlights on Education and Foster Care, January 2014

LONG TERM OUTCOMES

Employment and Earning at Age 26

Education at Age 26

Source: Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 26, Courtney et al (2011) http://www.chapinhall.org/sites/default/files/Midwest%20Evaluation_Report_4_10_12.pdf

Chap. 1 p.13

In Texas

Source: Texas Commits to Transform Education Outcomes of Students in Foster Care: Findings from the Texas Blueprint Implementation Data Workgroup, November 2015

FOSTER CARE & EDUCATION LAWS

FOSTERING CONNECTIONS ACT

DFPS to keep the child in the same school any time the child’s placement changes, unless not in the child’s best interest

If can’t remain in same school, the child must be promptly enrolled in a new school and records transferred

Each DFPS placement decision must consider appropriateness of child’s current school setting and proximity to school

See Public Law 110-351

EVERY STUDENT SUCCEEDS ACT (ESSA)

Bi-partisan legislation became law December 10, 2015.

Reauthorizes the Elementary and Secondary Education Act (ESEA) and replaces No Child Left Behind (NCLB).

The new law includes significant and historical changes for students in foster care.

School Stability Collaboration Transportation Accountability

See Public Law 114-95

Reinforces Texas School stability laws

See Texas Education Code (TEC) §§25.001(g) – (g-1), 33.904, 25.007 (b)(13)

TRANSITION SUPPORT

Enrollment within 3 days, even without documentation Texas Family Code (TFC) §264.115, TEC §25.002(g)

10 days for records transfers in TREx TEC §25.007(b)(1)

PEIMS identification code TEC §7.029 (b-1)

Education passport/portfolio TFC §266.008

Receiving district must accept special education referral TEC §25.007(b)(8)

Credit accrual TEC §25.007(b)(3), 19 Texas Admin. Code §§ 74.24 (a)(2), 74.26(e)

NOTICE OF EDUCATION DECISION-MAKER (EDM)

Unless limited by court order, DFPS must file with the court a notice of name/contact information for each person: 1) designated as child’s EDM; and

2) assigned as a surrogate parent, if known

DFPS Form 2085-E

Given to court and school within 5 days of Adversary Hearing

If changes, schools given notice within 5 days

TFC § 263.004

POSTSECONDARY OPPORTUNITIES

Tuition Fee Waiver – Available at any Texas state supported institution of higher

education;

For eligible students formerly in foster care;

As long as the student enrolls in at least one college or dual credit

Before turning 25.

TEC §§ 54.366, 54.367

Education Training Voucher – Under federal law, eligible youth entitled to up to $5,000/year to

cover education-related expenses.

42 U.S.C. § 677

STATEWIDE EFFORTS

THE STATE AS PARENT = THESE CHILDREN ARE “OUR” RESPONSIBILITY

Schools

CPS

Courts

NEXT STEPS

Education Committee

Created 2010

Texas Blueprint Report Released

2012

Implementation Task Force

Phase I 2012-2014

FC & Education Committee

Created 2015

RESOURCES

REGIONAL CONTACTS

District/Charter School Foster Care Liaisons and ESC Foster Care

Champions http://tea.texas.gov/FosterCareStudentSuccess/liaisons/

Foster Care Liaisons at Institutions of Higher Education http://www.collegeforalltexans.com/apps/financialaid/tofa2.cfm?ID=429

Foster Care Liaison at Texas Education Agency Kelly Kravitz, 512-463-9235, Kelly.Kravitz@tea.texas.gov

Foster Care Liaison at Texas Higher Education Coordinating Board Jane Caldwell, 512‐427‐6455, Jane.Caldwell@thecb.state.tx.us

DFPS Education Specialists and Disability Specialists http://texaschildrenscommission.gov/foster-care-education/education-

resources.aspx

DFPS Preparation for Adult Living Coordinators https://www.dfps.state.tx.us/child_protection/Youth_and_Young_Adults/

Preparation_For_Adult_Living/PAL_coordinators.asp

TEXAS EDUCATION AGENCY FOSTER CARE & STUDENT SUCCESS

Comprehensive resource and training guide, released in October 2013; Co-written by TEA, DFPS, and Children’s Commission

Foundational resource for education community, foster care liaisons, and all who support the education of students in foster care

Guidebook includes policy, practice, laws, and resources for district training and development on foster care and education

http://tea.texas.gov/FosterCareStudentSuccess/

FOSTER CARE & EDUCATION DATA INFOGRAPHIC

TEXAS CASA EDUCATIONAL ADVOCACY TOOLKIT

Collaborative document developed by Texas CASA, DFPS, TEA, Children’s Commission and other stakeholders

Contains tolls and resources to help advocates navigate the educational challenges facing students in foster care

Breaks down the different education decision-making roles and the involvement of the Court Appointed Special Advocate

http://texascasa.org/learning-center/resources/educational-advocacy-toolkit/

FOSTER CARE & EDUCATION ADDITIONAL RESOURCES

ABA Legal Center on Foster Care & Education http://www.fostercareandeducation.org/

Child Protective Services Policy Handbook, Education Section 15000 https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x15000.asp

Child Welfare Information Gateway https://www.childwelfare.gov/topics/systemwide/service-

array/education-services/meeting-needs/educational-stability/

Departments of Education & Health and Human Services ESSA Guidance http://www2.ed.gov/policy/elsec/leg/essa/index.html

Texas Child Protection Law Bench Book, Chapter on Education http://benchbook.texaschildrenscommission.gov/

CONTACT INFORMATION

Jamie Bernstein Jamie.Bernstein@txcourts.gov

(512) 463-5393

Jenny Hinson Jenny.Hinson@dfps.state.tx.us

(512) 438-3238

Julie Wayman Julie.Wayman@tea.texas.gov

(512) 936-6403

THANK YOU!