NAEHCY’s 27 th Annual Conference – Phoenix, AZ November 14-17, 2015 Barbara Duffield, Director of Policy and Programs, NAEHCY Patricia Julianelle, Director.

NAEHCY’s 27th Annual Conference – Phoenix, AZNovember 14-17, 2015

Barbara Duffield, Director of Policy and Programs, NAEHCYPatricia Julianelle, Director of State Project and Legal Affairs, NAEHCY

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All About ESEA:An In-Depth Look at Homeless Children

and Youth in ESEA Reauthorization

NAEHCYNational membership association dedicated to

educational excellence for children and youth experiencing homelessness, from early childhood through higher education Local Youth Task Forces, State Higher Ed Networks, Early

Childhood CommitteeTechnical assistance on policy implementationBringing your voices to Congress and state

legislaturesYouth leadership and support

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Elementary and Secondary Education Act Reauthorization

Opportunity to make substantive, lasting changes in federal policy for all school districts.

Last ESEA reauthorization was in 2001 – No Child Left Behind Act.

Stymied Congressional attempts in 2007, 2011, and 2013.

The 2015 reauthorization process is the most progress Congress has made on ESEA since 2001.

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Elementary and Secondary Education Act

Reauthorization: Current Status

“The Every Child Achieves Act of 2015,” S. 1177, passed the U.S. Senate on July 16.

The “Student Success Act,” H.R. 5, passed the U.S. House of Representatives on July 8.

Congressional negotiators have reconciled the differences between the two bills.

A House-Senate Conference committee will convene next week (Tuesday-Thursday).

Both chambers must pass the reconciled bill before it can move to the President’s desk. Expected to be voted upon the week after Thanksgiving.

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ESEA Big Picture: Similarities

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The House (H.R. 5) and Senate (S. 1177) bills to reauthorize ESEA include several similarities. Both bills:• eliminate NCLB’s accountability system,

including AYP.• eliminate the requirements that accompany

school improvement grants for the firing of teachers and principals and closing schools.

• limit the ability of the U.S. Department of Education to issue regulations.

ESEA Big Picture: Differences

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The House (H.R. 5) and Senate (S. 1177) bills to reauthorize ESEA include several major differences. The House bill:• includes a provision referred to as “Title I

portability;” the Senate bill does not include this provision.

• cuts and block grants many more programs than the Senate bill.

• allows students to “opt-out” of the assessments required under the bills; the Senate rejected this provision.

ESEA Deep Dive: Accountability

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• The White House and Congressional Democrats have been pushing for a stronger federal role in accountability than currently exists in the House or Senate bill.

• Specifically, they want to require states to identify and provide state-determined interventions and supports to:• the lowest-performing 5 percent of schools;• schools with large achievement gaps; and• high schools where one-third or more of students fail

to graduate.

McKinney-Vento Amendments that are

Identical/Similar in BOTH Bills (1)

State coordinators must: be able to sufficiently carry out the duties.annually publish updated list of liaisons on

SEA website.respond to inquiries from homeless parents

and unaccompanied youth.provide professional development (Senate bill

includes definitions of homelessness).

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McKinney-Vento Amendments that are

Identical/Similar in BOTH Bills (3)

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.

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McKinney-Vento Amendments that are

Identical/Similar in BOTH Bills (4)

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.

Clarifies that transportation is to be provided until the end of the academic year in which homeless students obtain permanent housing (if it is in their best interest to stay in that school).

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McKinney-Vento Amendments that are

Identical/Similar in BOTH Bills (6)

Local liaisons must 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.

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McKinney-Vento Amendments that are

Identical/Similar in BOTH Bills (7)

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.

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Amendments on Homelessness in the Senate Bill Only –

McKinney-Vento (1)

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.

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Amendments on Homelessness in the Senate Bill Only –

McKinney-Vento (2)

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.

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Amendments on Homelessness in the Senate Bill Only –

McKinney-Vento (3)

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. 15

Amendments on Homelessness in the Senate Bill Only – McKinney-

Vento (4)

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.

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Amendments on Homelessness in the Senate Bill Only – McKinney-

Vento (5)

Requires State and local education agencies that administer preschool programs to provide access to homeless children through the same LEA requirements as for school-age children.

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Amendments on Homelessness in the Senate Bill Only – McKinney-

Vento (6)

Permits LEA liaisons or those trained by liaisons to certify homeless children and their families, and homeless youth, who meet the U.S. Department of Housing’s definition of homeless, as eligible for HUD homeless assistance programs.

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Amendments on Homelessness in the Senate Bill Only – Title I

(1)Requires the State Title I 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).

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Amendments on Homelessness in the Senate Bill Only – Title I

(2)

Under current law, States put out State report cards on achievement, including specific subgroups.

S. 1177 maintains this, and adds homeless and foster children and youth to state assessments and to graduation rate disaggregation.

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Senate Bill Only:Foster Care – State Title I Plans

(1)

The short version:Creates a new Title I, Part A assurance that will

provide ALL children in any stage of foster care proceedings with McKinney-Vento-like rights and protections.

Removes awaiting foster care placement from the McKinney-Vento Act one year after enactment.

LEAs are not required to pay for school of origin transportation, if there are additional costs

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Senate Bill Only:Foster Care – State Title I Plans

(2)

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;

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Senate Bill Only:Foster Care – State Title I Plans

(3)

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; and

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. 23

Senate Bill Only:Foster Care – State Title I Plans

(4)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.

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Senate Bill Only:Foster Care – Local Title I Plans

(5)

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.

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Senate Bill Only:Foster Care – Local Title I Plans

(6)

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.

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Senate Bill Only:Awaiting Foster Care Placement

inthe McKinney-Vento Act

Within one year of enactment, “awaiting foster care placement” is deleted from the definition of homelessness in the McKinney-Vento Act.

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Authorize Funding Levelsin House and Senate Bills

Senate Bill: Authorizes “such sums as may be necessary” for FY2016-FY2021.

House Bill: Lowers the McKinney-Vento authorized funding level to $65 million for each of the fiscal years from 2016 to 2021.

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What Happens Next?The ultimate fate and timing of ESEA

depends on a number of factors:Ability of the Conferees to produce a

compromise bill that can pass both chambers.

New House Speaker and internal House Republican dynamics.

Perceived political gain to both sides of “getting something done” before the election.

Congressional calendar.29

Resources

from NAEHCY

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• For more information on NAEHCY’s specific policy recommendations: http://www.naehcy.org/legislation-and-policy/legislative-updates

• To sign up to receive NAEHCY’s legislative emails:

http://naehcy.org/news/sign-up

Stay in Touch with Us!

Barbara Duffield, Director of Policy and [email protected]

Patricia Julianelle, Director of State Projects and Legal [email protected]

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