FERPA and Collaboration in Education: Ensuring Privacy for Homeless Students

Part III Training Overview Part III – Collaboration— 45 minutes • FERPA • Title I / Title I, Part A • Foster Care • Housing Programs • Community Collaborations • Statewide Homeless Youth Report (from HB679) • TEXSHEP Subgrants

Part III Part III – Collaboration • FERPA • Title I / Title I, Part A • Foster Care • Housing Programs • Community Collaborations • Statewide Homeless Youth Report (from HB679) • TEXSHEP Subgrants

Part III FERPA provisions as they relate to M-V students: FERPA Schools must treat information about a homeless child’s or youth’s living situation as a student education record, subject to all the protections of FERPA FERPA specifically exempts certain information from the definition of “education records.” Among others, the exemptions include “recordssuch as notes made and kept by a teacher or counselor” “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian

Part III FERPA A school district can release education records to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer A school district or school can release education records to other school officials, including teachers, within the district or school whom the district or school has determined to have legitimate educational interests Information about a McKinney-Vento student’s living situation, address and homelessness cannot be disclosed without written consent

Part III FERPA Disclosing a family’s address to landlords or authorities – even if disclosing such “directory information” would otherwise be allowed by district policy – violates the McKinney-Vento Act and has no relation to promoting the students’ academic achievement If a youth is separated from his or her parent or guardian and is in the care of another individual who is acting as a parent in the absence of a parent or a guardian, that individual can have access to the student’s education records and provide consent for disclosures An individual who is acting as a parent can enroll the youth in school and speak with teachers and other school staff about the student and the student’s education

Part III FERPA When a caregiver enrolls a student in school under the McKinney-Vento Act and is acting as a parent in the absence of a parent or a guardian, that caregiver meets the definition of parent The law permits schools to allow students under age 18 to have access to their own education records and provide consent for disclosures, as long as those rights do not supersede the rights of their parents. For example, a school may permit a minor student to inspect and review his or her education records An 18 year old student has the right to control his/her own records

Part III Access to Title I – Overview The underlying premise for services to children and youth experiencing homelessness in any LEA is: Any student, including a Pre-K student, who is homeless and attending any school in the district is eligible for Title I services.

Part III Local Plans Access to Title I – Overview Local Title I plans must describe the services the LEA will provide to support the enrollment, attendance, and success of homeless children and youth, including services provided with the Title I homeless reservation, in coordination with the services the LEA provides under the McKinney-Vento Act.

Part III Access to Title I – Overview School districts and other LEAs provide services to students experiencing homelessness with Title I through two Title I funding streams: • Regular Title I, Part A, funds • Title I, Part A, Set-Aside funds

Part III Access to Title I – Overview For the purposes of this training, the following definitions for these two funding streams will be used: • Regular Title I, Part A, funds- those funds that come to the district and are allocated to campuses (either through school-wide or targeted-assistance programs) or are reserved at the district level for district-wide activities

Part III Access to Title I – Overview • Title I, Part A, Set-Aside funds- those funds that are reserved, as required, for services to homeless students not attending Title I-designated campuses to provide services comparable to the services homeless students attending a Title I-designated campus receive AND for additional services not ordinarily provided to other students attending ANY campus in the LEA.

Part III ESSA carries over the provisions from the Federal Appropriations Acts of the past several years.ESSA provisions allow for the use of Title I, Part A funds: Access to Title I – Overview to pay the salary of the LEA designated homeless liaison, so long as the liaison's duties are 100% Title I to provide for the excess cost of school of origin transportation to use set-asides on non-Title I campuses

Part III 1. Designated Homeless Liaison Salary Access to Title I – Overview Regular Title I funds may be used to pay for up to 100% of the salary of an LEA's homeless liaison even if that person does not have any other Title I duties. If the homeless liaison is dedicated 50% as liaison and 50% as otherTitle I duties, 100% of the salary may come from Title I. If the liaison is 100% liaison, 100% of salary may come from Title I. If the homeless liaison has other non-Title I duties, only the percentage of the time dedicated to homeless liaison duties may be paid for with Title I funds. If the liaison is 50% liaison, and 50% Assistant Principal at a campus, only 50% of the salary may come from Title I.

Part III 2. Providing School of Origin Transportation Access to Title I – Overview Regular Title I funds may be used to pay for the incremental costs of transporting homeless students to and from their schools of origin. “Incremental costs” = excess costs of transportation

Part III 3. Use of Set-Asides on Non-Title I Campuses (continued) Access to Title I – Overview NOTE: Title I, Part A, Set-Aside funds MAY NOT be used to pay for a homeless liaison's salary or the excess costs of school of origin transportation UNLESS the district can demonstrate that the requirement to provide comparable services to homeless services on all non-Title I campuses has been met. The use of funds for allowable salary andtransportation services cannotsupersede the need to provideservices toeligible students.

Part III Access to Title I, Part A Funds The primary “vehicle” for serving homeless students on a Title I – designated campus is through the Campus Improvement Plan (CIP). • Each campus has a Campus Improvement Plan (CIP) that identifies services and activities needed to support children experiencing homelessness on the campus. • Each of those identified services and activities should receive adequate allocation of Title I funds. • Consequently, homeless students should not have unmet needs on the campus due to the lack of funds.

Part III Access to Title I, Part A Funds The primary “vehicle” for serving homeless students on a Title I – designated campus is through the Campus Improvement Plan (continued) • Regular self-assessment and revisions to the CIP should take place in order to ensure that campuses are accurately and adequately assessing the needs of children in homeless situations that they serve • An LEA may choose to provide services to homeless students that are not ordinarily available to other, non-homeless, Title I - eligible students as long as such services are not available from any other sources (such as a community service organization or athletic booster club)

Part III Access to Title I, Part A Funds It is possible that situations could occur where there are a large number of high-need homeless students on a single campus and the designated Regular Title I funds could be exhausted before all the needs of homeless students on that campus could be met. This should be considered the exception, not the rule, for allocating funds tocampuses to meet the needs ofhomeless students.

Part III Guiding Principles on the Use of Title I, Part A Funds: Access to Title I, Part A Funds • Services must be reasonable and necessary to enable homeless students to take advantage of educational opportunities • Funds must be used as a last resort when services are not reasonably available from another public or private source

Part III Allowable use of funds Access to Title I, Part A Funds Title I funds may be used to pay for immunizations, emergency clothing, emergency medications, emergency food, medical screenings, eye exams/eyeglasses and other similar items for a STUDENT in a homeless situation • if the lack of these items presents a barrier to the student's ability to access education or inhibits the student's academic success; and • if the LEA documents the lack of local and community resources to be able to address the particular need identified.

Part III Allowable use of funds (continued) Access to Title I, Part A Funds Title I funds may be used to cover expenses that would allow a student experiencing homelessness to fully participate in school activities, IF the LEA provides documentation that no other local funds or community resources are available, by paying the fees for: • a medical examination/physical exam for a student to be eligible to participate in extracurricular sporting programs (football, track, volleyball, cheerleading, etc.) • the rental of a band instrument • the rental/purchase of athletic wear, such as a football helmet or gear, cleats, track shoes, or a cheerleading outfit

Part III Allowable use of funds (continued) Access to Title I, Part A Funds The use of funds for these purposes is predicated on the fact that the student is entitled to full and equitable participation in school, and not necessarily based on whether or not the student gains academic credit from the activity in question. While funds MAY be used for these purposes for homeless students, this use should be measured. Districts should have a plan in place and resources available to provide these types of resources toany and all high-poverty students. Thoseresources should be explored andexhaustedbefore Title I is used.

Part III Allowable use of funds (continued) Access to Title I, Part A Funds • Title I funds may be used to pay the tuition or participation fees for academic services that are provided to eligible students by a third party in order to address academic deficiencies a student may have, such as an academic summer school camp or leadership enrichment program provided by a Boys and Girls Club. • The delivery of services paid for by Title I funds, such as academic tutoring, credit recovery, and other similar programs, may take place outside of the campus or LEA facilities, such as at a local domestic violence shelter. These services DO NOT have to be school-based.

Part III Allowable use of funds (continued) Access to Title I, Part A Funds Supplemental services that are provided to homeless students under Regular Title I funds DO NOT create a "comparable services" requirement for the LEA to serve other non-homeless Title I-eligible students in the same way. In other words, a district may use Regular Title I funds to provide services to homeless students that are not provided to other, non-homeless students. For example, a district may provide supplemental transportation with the use of Regular Title I funds to take homeless students home from after-school tutoring even if the district does not ordinarily transport students home after tutoring.

Part III Allowable use of funds (continued) Access to Title I, Part A Funds In addition to the use of Title I funds for services identified for homeless students in the CIP, homeless students are automatically eligible to receive all other Title I services provided on that campus to all other Title I – eligible students. While allowable by statute, the needfor a Title I campus to draw from the districtTitle I, Part A, Set-Asides to meet the needs ofstudents on that campus should be largely unnecessary.

Part III Reservation of Funds Title I, Part A, Set-Asides All LEAs that receive Title IA funds must reserve (set-aside) the funds necessary to provide homeless students services comparable to services provided in Title IA schools. 20 USC 6313(c)(3) Effective no later than the start of the2017-2018 school year.

Part III Reservation of Funds Title I, Part A, Set-Asides • There is no formula in statute that indicates what the amount of the set-aside should be. • The Texas Consolidated Application has a few requirements regarding the set-aside. There may be changes to theserequirements beginning with the 2017-18 school year basedupon the new statute. • Each LEA should have a rationale and justification for the amount it has designated for the set-aside.

Part III Reservation of Funds (continued) Title I, Part A, Set-Asides The amount of Title I funds reserved for homeless youth: • must be based on the total allocation and reserved prior to any allowable expenditure or transfers • may be determined based on a needs assessment and should involve the liaison • must be sufficient to provide comparable services to homeless students, regardless of other services provided with reserved funds • may be used for services not ordinarily provided by Title I, including local liaison salaries and excess costs of transportation to the school of origin

Part III Comparable Services Title I, Part A, Set-Asides • Services that are provided under the Title I, Part A, Set-Asides by an LEA DO NOT create a "comparable services" requirement for the LEA to serve other homeless students in the same way. Students served with set-aside funds may be served on a first-come, first served basis. If a homeless student requests assistance with the provision of the standard dress required for school attendance, and the district provides it, the district is not obligated to provide this service to all homeless students who request it. The district may prioritize whom it serves or place a cap on the amount of funds it will expend for a given activity.

Part III Allowable use of funds (continued) Title I, Part A, Set-Asides Federal guidance allows a district to also use Title I, Part A, Set-Aside funds to provide supplemental services to students in homeless situations on both Title I and non-Title I campuses that are not provided as part of the district Title I program (emergency food, clothing, etc.). As noted previously, the need for a Title I campus to use Title I, Part A, Set-Asides to address the needs of homeless students should be largely unnecessary. All allowable expenditures under Regular Title I are alsoallowable under the Title I, Part A, Set-Asides, and vice-versa.

Part III USDE Examples of Common Uses of Funds Title I, Part A, Set-Asides • Extended learning time; tutoring services • Tutoring programs in shelters • Medical and dental services, immunizations, glasses, hearing aids • Field trips • Transportation to the school of origin once housed for remainder of the school year • Clothing, particularly if necessary for dress code or physical education classes / emergency clothing

Part III Common Uses of Funds (continued) Title I, Part A, Set-Asides • Fees to participate in the general education program • School supplies • Birth certificates necessary to enroll in school • Food (in connection with educational programming) • Counseling services • Outreach services • Fees for AP, dual credit, IB, GED testing • No prom dresses • No housing costs (rent or utilities, motel stays)

Part I Video Segment #9Region 10 video on Foster Care2:00 minutes

Part III Foster Care Title I, Part A • Creates new Title I, Part A assurances that will provide ALL children in any stage of foster care proceedings with McKinney-Vento-like rights and protections. • LEAs are not required to provide school of origin transportation, if there are additional costs, unless they are reimbursed by the child welfare agency or agree to provide it. • Removes awaiting foster care placement from the McKinney-Vento Act 12/10/16.

Part III Foster Care – State Title I Plans Title I, Part A State Title I Plans must describe the steps the SEA will take to ensure collaboration with the State child welfare agency to ensure the educational stability of children or youth in foster care including assurances that: • Foster youth are enrolled or remain in their school of origin, unless a determination is made that it is not in their best interest; • The determination must be based on child-centered 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

Part III Foster Care – State Title I Plans (continued) Title I, Part A • 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. • The SEA designates a point of contact for child welfare agencies, 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.

Part III Foster Care – Local Title I Plans Title I, Part A Local Title I plans must contain an assurance that the LEA will collaborate with the state or local child welfare agency to: • designate a point of contact (Foster Care Liaison) by December 10, 2106, if the corresponding child welfare agencies notifies the LEA, in writing, that it has designated a point of contact for the LEA – (Education Decision-Maker). In Texas these provisions are already in place: • Texas already requires a Foster Care Liaison in every school district • Texas requires an Education Decision-Maker designated by CPS

Part III Foster Care – Local Title I Plans (continued) Title I, Part A Local Title I plans must contain an assurance that the LEA will collaborate with the state or local child welfare agency to: • Within one year of enactment (12/10/16), develop and implement procedures for how transportation to maintain foster youth in their schools of origin, when in their best interest, will be provided, arranged and funded.

Part III Foster Care Information from TEA:http://tea.texas.gov/FosterCareStudentSuccess/ Title I, Part A

Part III Foster Care – Local Title I Plans (continued) Title I, Part A Local transportation procedures must: • Ensure that foster youth who need transportation to the school of origin promptly receive it in a cost-effective manner, and in accordance with the child welfare agency’s authority to use child welfare funding available under section 475(4)(A) of Title IV-E of the Social Security Act to provide transportation.

Part III Foster Care – Local Title I Plans (continued) Title I, Part A • Ensure that if there are additional costs incurred in providing transportation to the school of origin, LEAs will provide it if: • They are reimbursed by the child welfare agency; • The LEA agrees to pay the costs; or • The LEA and the child welfare agency agree to share the costs.

Part III Foster Care – Effective Dates Title I, Part A • The Dear Colleague Letterchanges the effective dates of ESSA Title I provisions related to children in foster care. • Under the Consolidated Appropriations Act, those provisions were supposed to take effect for the 2017-18 school year. • ESSA allows ED some leeway to ensure an “orderly transition.” • ED is using this authority to change the effective dates of foster care provisions, by imposing a condition on every SEA’s Fiscal Year 2016 Title I grant award.

Part III Foster Care – Effective Dates (continued) Title I, Part A The Dear Colleague Letter makes the following provisions take effect on December 10, 2016: • The requirement that LEAs collaborate with child welfare agencies to develop and implement written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged and funded (with LEAs to pay additional costs only if reimbursed by child welfare agencies or if the LEA agrees to pay or share costs).

Part III HB 1804 / TEC 25.007 Texas Foster Care Provisions • Assists students in substitute care with school transitions • 10 days for schools to send records • Mandates development of systems to ease transitions • Mandates development of systems for awarding partial credit from current and previous school • Promotes practices that facilitate access to extracurricular, summer and credit accrual programs for students in substitute care

Part III HB 1804 / TEC 25.007 (continued) Texas Foster Care Provisions • Encourages 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 • Develops procedures for allowing the student to complete a course that is required for graduation at no cost and before the beginning of the next year

Part III HB 1804 / TEC 25.007 (continued) Texas Foster Care Provisions • Ensure that a student not likely to graduate prior to the fifth year following 9th grade enrollment has his/her credit accrual and personal graduation plan reviewed • Ensure a student in 11th or 12th grade be provided information regarding tuition and fee exemptions for dual credit courses

Part III HB 3748 / TEC 25.007 Texas Foster Care Provisions • Contains many of the same provisions as HB1804 for coordination of educational support for current and former foster children, and addresses: • Easing transitions • Awarding of credit, including partial credit • Providing support services, school program access • Notification to the child’s educational decision-maker of certain events • Notification of tuition and fee exemptions for dual credit courses

Part III HB 3748 / TEC 25.007 (continued) Texas Foster Care Provisions • 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 (THECB) must designate a foster liaison to assist in coordinating college readiness and student success

FERPA and Collaboration in Education: Ensuring Privacy for Homeless Students