Relates to school placement for homeless children

Summary of specific provisions

Section 1 would create a new § 373-b of the social Services Law pertaining to educational stability for children in out of home care. It contains a statement of legislative intent and definitions of the terms that are used throughout the legislation. The defined terms include "school of origin," "school district of origin," "designated school," "school district of current location," "child in out-of-home care" and "child awaiting foster care placement."

Section 373-b(c) establishes a procedure that must be followed when a child is removed from home and placed in out-of-home care. The protocol provides that a child shall remain in his or her school of origin unless the local social services district, the birth or adoptive parent and the child (through his or her attorney) consent to change the school placement, or the Court makes a determination that it would be in the best interests of the child to change schools. Recognizing that safety may be an issue in certain cases, the proposed legislation would allow for removal of a child from his school of origin prior to a best interests determination if continuing at the school would create an imminent risk to the child's life or health.

Section 373-b(d) establishes procedures and a timeline for completing a "designation form" that must be sent to the school district of origin and, if applicable, the new school district where enrollment is sought.

Section 373-b(e) ensures that, if it is in the best interests of a child to change schools, the new school district shall arrange for immediate and appropriate enrollment and records transfer.

Section 373-b(f) addresses situations involving subsequent school changes after a child has entered out-of-home care for the first time. Subsequent school changes that are related to a change in out-of-home placement require consensus between the local social services district, the parent and the child (through his or her attorney. For school transfers that occur for reasons other than a change in out-of-home placement (e.g., matriculation, safety transfer, etc.), the local social services district must provide the other parties to

the Family Court proceeding with notice and an opportunity to object to the pending change by making an application to the Family Court.

Section 373-b(g) provides a mechanism for dispute resolution. Disputes between parties to the Family Court case can be brought before the Court for a best interests determination. Disputes between the school district and any party to the Family Court proceeding must be brought through the state complaint procedure outlined in Education Law 3209(7)(a).

Section 373-b(h) sets forth the standards that parties and the Court must follow when making a best interests determination about a child's school placement. Factors that may be considered include: the safety of the child; the distance between the out-of-home care placement and the school of origin; the child's participation in specialized supports and services at the school of origin, and the preferences of the parent and the child. The cost of transporting the child to and from the school of origin shall not be a factor in making the determination. Section 373-b(i) establishes that when a child is finally discharged from out-of-home care, the child shall be entitled to continue attending the designated school through the remainder of the school year and for one additional year if that year constitutes the terminal year in the school building.

Section 373-b(j) sets forth procedures regarding transportation of children in out-of-home care. Initially, when a child is removed from home, the local social services district shall be responsible for providing emergency transportation until other transportation arrangements can be made. If a child falls within the definition of "awaiting foster care placement" and has opted to return to his or her school of origin, the school district in which the school of origin is located shall arrange and pay for transportation until the end of the first school year in which the child is residing in out-of-home care. If the child does not fall within the definition of "awaiting foster care placement" and has chosen to return to his or her school of origin, the local social services district shall bear responsibility for arranging and paying for transportation. If the child has opted to attend the school district of current location, the child is eligible for transportation on the same basis as a resident student.

Section 373-b(k) confirms that a designated school district that is different from the school district of origin is entitled to reimbursement for instructional services pursuant to Education Law §3209(3).

Section 2 would amend the social Services Law to give the Family Court the right to issue an order pertaining to school stability in cases brought pursuant to Social Services Law § 384-a.

Sections 3 and 4 would create new provisions in Articles 7 and 10 of the Family Court Act to give the Family Court the authority to issue an order pertaining to school stability in cases where the child has been placed in the protective custody, care and custody or custody and guardianship of the commissioner of social services pursuant to section 358-a, 384 or 384-a of the Social Services Law, or Article 7, 10 or 10-a of the Family Court Act, or when the child has been

directly placed pursuant to Article 10 or 10-a of the Family Court Act.

Section 5 would amend § 1089 of the Family Court Act to require that information about school stability be included in permanency hearing reports.

Section 6 would clarify that a judge has authority to issue an order pertaining to school stability at the conclusion of each permanency hearing under Article 10-a of the Family Court Act.

Section 7 would change the title of Education Law § 3209 to reflect that it now covers children in out-of-home care in addition to homeless students.

Section 8 would amend subdivision 1 of § 3209 of the Education Law to add several definitions, including definitions of "child awaiting foster care placement" and "child in out-of-home care" that are consistent with the definitions included section 1 of this act, and a definition of "school of origin" that is consistent with the McKinney-Vento Act. This section would modify the definition of "designator" to include the local social services district for a child who is in out-of-home care and would be amended to include an unaccompanied youth, who has a right to make such designation under McKinney-Vento. It would modify the definitions of "school district of origin" and "school district of current location" to include references to children in out-of-home care and delete the existing language providing that the school district of origin must be different from the school district of location, so that it is clear that a child who is homeless or in out-of-home care has the same rights regardless of whether the school district of origin is the same as or different from the school district of current location. In addition, the definition of "school district of origin" would be amended to refer to the school of origin, rather than the school where previously enrolled, and would clarify that the child who is homeless may choose to remain in the school of origin for the duration of homelessness, except where continuing the child's education in the school of origin is determined not to be in the child's best interest. The section would also clarify that the process for making a best interests determination for a homeless student is distinct from the process that must be used for a child in out-of-home care. A new paragraph would be added defining "school of origin" as the public school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled consistent with federal law, and another new paragraph would define "temporary housing arrangement or location" that includes the location of any out-of-home care placement. The Section would also clarify that the terms "homeless child" and "child in out-of-home care" include preschool children with disabilities and children eligible to receive universal prekindergarten services.

Section 9 would amend paragraph a of subdivision 2 of § 3209 of the Education Law to include references to children in out-of-home care in addition to homeless students, and would clarify that the designator has the right to designate the school of origin or the school serving the attendance zone in which the temporary housing arrangement is located - in addition to the school district of current location,

school district of origin, or school district participating in a regional placement plan - as the school which the homeless child shall attend upon instruction. Section 9 would also amend paragraphs band c to clarify that a child who is homeless or in out-of-home care may choose to remain in the designated school and school district for the duration of homelessness, consistent with federal law. Section 9 would amend paragraph b to clarify that, where a homeless student becomes permanently housed during a school year, such child may remain in the same school until the end of the school year consistent with federal law and for one additional year if that year constitutes the child's terminal year in the building. Section 9 would also amend paragraph b to provide that, where the public school or district a homeless student was attending when he or she became homeless is located outside New York State, such student shall, to the extent required by McKinney-Vento, have the right to designate a public school located in a contiguous state as his or her school of origin. In addition, the school district of current location would be required arrange for the child's transportation to the school of origin in accordance with the provisions of McKinney-Vento. Section 9 would amend paragraph c to clarify that students who have designated the school district of current location as the district of attendance and have relocated to another temporary housing arrangement outside of such district would be entitled to maintain the prior designation to enable them to remain in the school of origin for the duration of homelessness or out-of-home care, except where it is not in the child's best interest. Section 9 would amend paragraph d to add several items for inclusion on the designation form, in particular, the name of a representative of the social services district for a child in out-of-home care and whether transportation is being requested. It would add that local social service districts must make the designation form available for use. Section 9 would amend paragraph e to clarify that a school district must immediately admit a homeless child, treat such child as a resident for all purposes and, where applicable, make a written request for the student's records when a designator selects a school or school district as the child's school or school district of attendance or the student is identified as a homeless child by the district's local educational agency liaison, whether or not the school district has received a completed designation form. Thus, if a child is identified as a homeless child through child find activities, or the parent or other designator selects the school or district of attendance, the right to attend school attaches immediately, not when a completed designation form is received. The language also clarifies that, where applicable, the school district must assist the homeless child or their parents in completing the designation form and a timeline for doing so. Section 9 would add a paragraph h of subdivision 2 to clarify that, if a charter school is a homeless student's school of origin, the designated district would be deemed the school district of residence for purposes of fiscal and programmatic responsibility for such child. Further, paragraph h would provide that if a child who is homeless or in out-of-home care becomes permanently housed by being placed in certain residential settings, the school district of origin would be deemed the school district of residence for purposes of fiscal and programmatic responsibility for such child. Finally, section 9 would also add new paragraphs i and j to subdivision 2 to clarify the obligations of each designated school district of attendance under McKinney-Vento, including ensuring equal access to the same public prekindergarten, secondary education,

support services and before and after school care programs as are provided to other children residing in the school district. New paragraph i would also include measures districts would take to ensure that children who are homeless or in out-of-home care have access to prekindergarten services. New paragraph j would provide that each designated school district of attendance or charter school must ensure that students who are homeless or in out-of-home care, at a minimum be provided services comparable to those offered to other students in the public school they attend, including transportation, summer school, educational services under Title I or similar state or local programs, educational programs for limited English proficient students and students with disabilities, vocational and technical education programs, gifted and talented programs and school nutrition programs.

Section 10 would amend subdivision 3 of § 3209 of the Education Law to include references to children in out-of-home care in addition to homeless students. It also clarifies, in light of the change in the definitions of the "school district of origin" and "school district of current location" made in section 8 of this act, that the school district providing instruction to a homeless student shall be eligible for reimbursement from the State Education Department for the direct cost of educational services only when the homeless student's school district of origin is different from the school district of current location. Where the district of origin and the district of current location of a homeless child are the same, such district would be entitled to claim State aid for such homeless child as a resident student, as under current law.

Section 11 would amend paragraphs c, d, and e of subdivision 4 of 3209 of the Education Law to clarify that students who are homeless are entitled to transportation to the school of origin, and that students not attending a school of origin are entitled to transportation in the same manner as it is provided to permanently housed students, consistent with federal law. Section 11 would add a new paragraph e to require that local departments of social services provide transportation to students who are in out-of-home care but not awaiting foster care placement consistent with section I of this act. Section 11 would add a new paragraph f to subdivision 4 to provide that students who are homeless or in out-of-home care are entitled to transportation for the remainder of the school year after they move into permanent housing or are finally discharged from out-of-home care. Section 11 also would add a new paragraph g to subdivision 4 to provide that students who are homeless or in out-of-home care are entitled to transportation to certain summer educational programs located outside of the school district where the student is temporarily housed. A new paragraph h to subdivision 4 would state that the local social services district provide emergency transportation to students in out-of-home care.

Section 12 would outline the process for dispute resolution and is consistent with the provisions of the McKinney-Vento Act and section 1 of this act.

Section 13 would adjust the numbering of subsequent paragraphs.

Section 14 would amend subdivision 1 of § 4410-a of the Education Law by replacing the definition of "foster care child" with a definition

of "child in out-of-home care" that is consistent with the new definition contained in sections 1 and 8 of this act. It would also clarify that the term "municipality of residence" means the municipality in which a child or the child's family lived at the time the circumstances arose which caused the child to become homeless or enter out-of-home care.

Section 15 would amend subdivision 2 of § 44.10-a to clarify which district is responsible for evaluating and serving a preschool child with a disability who, is homeless or in out-of-home care. Specifically, the district that has been designated pursuant to section 3209(2) (a) of the Education Law would be responsible for both evaluation and placement.

Section 16 would amend subdivision 3 of § 4410-a of the Education Law to clarify the definition of "municipality of record" consistent with current law.

Section 17 would amend subdivision 4 of § 4410-a of the Education Law to replace "foster care or homeless child" with "a child who is homeless or in out-of-home care," consistent with the language of this act.

Section 18 of the bill provides the effective date.

Justification

Children in out-of-home care are subject to high rates of school mobility. Each time they enter or exit foster care or change foster homes while in care, they are often forced to change schools, and multiple moves are common. A Chapin Hall study involving almost 16,000 foster children in the Chicago public schools showed that over two-thirds switched schools shortly after their initial placement in foster care. (1) A study of 479 foster care alumni in Oregon and Washington state found that 65% experienced seven or more school changes from elementary through high school.(2)

The detrimental effects of frequent school mobility are well documented.

Each unplanned move costs a child between four and six months of academic progress,(3) and these costs multiply with each additional move. Studies show that students with four or more moves are a full year behind. (4) As a result, these students are more likely to repeat a grade. According to a study in Washington state, children with high rates of school mobility are more than twice as likely to repeat a grade. (5) In New York city, a disheartening 45% of foster children reported being retained in the same grade at least once. (6)

High rates of school mobility and grade retention significantly increase the likelihood of dropping out. Grade retention is one of the most powerful predictors of drop out, (7) and being held over even once before eighth grade makes a student four times more likely to drop out. (8) A 1999 study found that California high school students who changed schools even once were less than half as likely to graduate as those who did not change schools. (9) A Chapin Hall study found that children in out-of-home care in Chicago were less than half as likely as their peers to have graduated from high school within

five years. (10) Young people who do not graduate from high school have far lower lifetime earnings than those with high school diplomas, which results in hundreds of thousands of dollars of lost tax revenue per person. In addition, young people without a high school diploma are much more likely to rely on government health care and use public services like food stamps or housing assistance. (11)

In addition to impeding a child's academic progress, multiple school changes have a negative effect on a child's social-emotional well-being. Children often rely on their school community to provide a strong support network of teachers and friends. Forcing a child to change schools after being removed from his or her home and separated from his or her family compounds the trauma, as it eliminates what may be the only source of support and stability in the child's life.

The lack of educational stability for youth in foster care creates other costs to schools. High rates of school mobility impacts classrooms and schools negatively, slowing the pace of teacher instruction and increasing school administrative costs. (12) In a Chicago study, overall instruction in schools with high levels of school mobility was approximately one year behind instruction in other schools. (13) In October 2008, Congress passed the Fostering Connections to Success Act, which includes provisions that promote educational stability for children in foster care. The act requires child welfare agencies to coordinate with school districts to ensure that a child "remains in the school in which the child is enrolled at the time of placement" unless it is not the child's best interests to do so. The act also makes federal child welfare funds available to defray the cost of transportation for these students.

The legislation proposed herein creates a framework for implementing the school stability provisions in the Fostering connections to Success Act. It provides children in out-of-home care with the right to remain in their school of origin until the end of the school year in which they are finally discharged from out-of-home care, and the right to receive transportation back to the school of origin. Alternately, children in out-of-home care may enroll in the school district where they are temporarily residing if it is in their best interests to change schools. If children in out-of-home care must enroll in a new school, the legislation entitles them to immediate enrollment, even if they lack the documents normally required to enroll in school. The legislation provides that a child who enters out-of-home care will continue attending his or her school of origin unless the social services district, the parent, and the child (through his or her attorney) agree otherwise, or a court issues an order stating that it is in the best interests of the child to change schools. The legislation establishes a procedure for resolving disputes between parties to the family court proceeding, as well as disputes between the parties and the school district.

The legislation splits fiscal responsibility for transportation costs between the local school district and social services district, depending on the amount of time the child has been in out-of-home care. From the time the child enters out-of-home care until the end of the first school year, the child will fall within the definition of "awaiting foster care placement" and will be eligible for transportation through the school district pursuant to the federal

McKinney-Vento Homeless Assistance Act. At the end of the school year in which a child first enters out-of-home care, the social services district will assume responsibility for transporting the child to his or her school of origin. The social services district may contract with the school district or other entities to provide transportation.

Several sections of this bill concern all homeless students, not just those in out-of-home care. These provisions are needed to align state law with the federal McKinney-Vento Act and clarify the rights of children who are homeless.

Additionally, this bill extends the right to transportation through the remainder of the school year for homeless students who have moved into permanent housing. without such transportation, very few students can take advantage of the existing right to continued enrollment through the remainder of the school year. Currently, students are forced to change schools when their families find permanent housing because the family cannot afford to transport the student on their own. This disruption in the student's education, often late in the school year, may result in the loss of credits because the new school district will not accept coursework from the previous district, or academic failure because the student is ill-prepared to take exams on unfamiliar coursework. Other students in the classroom also suffer, in the ways outlined above. Finally, the bill clarifies that the protections of the McKinney-Vento Act apply to children receiving pre-kindergarten and Committee on Preschool special Education services. Studies show that at-risk children who participate in high quality preschool programs are dramatically less likely to be retained a grade, be placed in special education, drop out of high school, commit a violent crime, or depend on public benefits. (14) In fact, investing in quality preschool programs for at-risk children is a primary strategy for reducing poverty and results in significant government savings from reduced expenditures on special education, grade retention, public assistance, and other benefits. (15) Usually, when children who were enrolled in prekindergarten become homeless or enter out-of-home care, they lose their classroom seat because their family has no way of transporting them to school. Compounding the problem, the school district where the child is temporarily living rarely has an available pre-kindergarten seat, and the child is forced to go without services. This bill directs school districts to either continue enrollment in the school of origin or help parents enroll their children in pre-kindergarten in the local school district by waiving enrollment deadlines, seeking classroom size waivers, which are currently allowed, and referring students to pre-kindergarten programs outside of the attendance zone where the family is temporarily residing.

Similarly, current law requires children receiving Committee on Preschool special education services to transfer to the local school district. This often means that children with disabilities who have lost their housing or been placed in out-of-home care are now are faced with delays in services, as the family is required to enroll in the new school district. By the time the new school district writes a new Individualized Education Program and refers the child to the county social services district for implementation, the seat in the original program has been given to another child, and the homeless child goes without services until a new program can be found. It is

not unusual for children to go without services for months or even longer while waiting for a seat to open up. This bill will correct these problems by allowing disabled children who are homeless or in out-of-home.care to continue enrollment in the same school district so that the county social services district need only re-route the transportation for such children to continue receiving services.

Prior legislative history

First introduced in 2010. 2011-2012: S.368 - Died in Committee

Fiscal implications

Not known.

Effective date

Immediately with provisions.

Footnotes

(1) Smithgall et al., Educational experiences of children in out-of-home-care 46, Chicago, IL: Chapin Hall Center for Children at the University of Chicago (2004). (2) Pecora, et al., Assessing the effects of foster care: Early results from the Casey Family National Alumni Study 26, 28, Seattle, W A: Casey Family Programs (2003). (3) Casey Family Programs, White Paper, Educating Children in Foster Care: The McKinney-Vento and No Child Left Behind Acts 11 (2007). (4) Permanent Judicial Commission on Justice for Children, "The McKinney-Vento-Like Project"2 Albany, New York (2007). (5) Burley & Halpern, Educational attainment of foster youth: Achievement and graduation outcomes for children in state care 13, Olympia, WA: Washington State Institute for Public Policy (2001). (6) Advocates for Children of New York, Inc., Educational neglect: The delivery of educational services to children in New York City's foster care system 45, New York, NY (2000). (7) New York City Coalition for Educational Justice, Reform Not Retention: A Summary of the Research of School Retention Policies 4-6 (2008). (8) Rumberger, R.W, Dropping out of middle school: A multilevel analysis of students and schools. American Educational Research Journal 32(3), 583-625 (1995). (9) Rumberger, et al., The educational consequences of mobility for California students and schools 37, Berkeley, CA: Policy Analysis for California Education, University of California at Berkeley (1999). (10) Smithgall et al., supra note 1, at 28. (11) Cutler Consulting, Cost Avoidance: Bolstering the Economic Case for Investing in Youth Aging Out of Foster Care 5-9 (2009). (12) Rumberger et al., supra note 9. David Kerbow et al., Student Mobility and Local School Improvement in Chicago, The Journal of Negro Education (Winter 2003). (13) David Kerbow et al., Student Mobility and Local School Improvement in Chicago, The Journal of Negro Education (Winter 2003). (14) Schweinhart, L.J. et al, Lifetime effects: The High/Scope Perry Preschool study through age 40, Ypsilanti, 001: High/Scope Press (2005); Reynolds, A. J. et al, Long-term effects of an early childhood intervention on educational achievement and juvenile arrest, Journal of the American Medical Association, 285(12),2339-2380 (2001).

(15) New York City Commission for Economic Opportunity, Increasing Opportunity and Reducing Poverty in NYC 43, New York, NY (2006), available at http://www.nyc.gov/html/om/pdf/ceo report2006.pdf.