NCLB Reauthorization: McKinney-Vento and Title I-A Update

1. NCLB Reauthorization:McKinney-Vento and Title I-A Update NAEHCY’s 19th Annual Conference November 12, 2007 Portland, Oregon

2. McKinney-Vento Reauthorization: Status • Three Proposals in 2007 • HR 3205, “Homeless Education Improvement Act of 2007,” introduced in July • House “Discussion Draft,” posted in Sept. • Senate “Discussion Draft,” posted in Oct. • Timing and Process • Possible introduction in House, but unlikely • Most likely no substantive action until 2009 • But what happens this year still matters!

3. NCLB/McKinney-Vento Reauthorization: Overview of Issues • McKinney-Vento Personnel • School Selection Provisions • Enrollment • Transportation • Disputes • Credits/Academic Support • Extra-curricular activities • Unaccompanied Youth • Preschool Children • Children and Youth in Foster Care • Funding Level • Title I, Part A Setasides

4. McKinney-Vento Reauthorization: Personnel - State Coordinators • HR 3205 - “sufficient capacity, resources, and support” • House discussion draft - “sufficient capacity” • Senate discussion draft - “knowledge and authority”

5. McKinney-Vento Reauthorization: Personnel - Local Liaisons • HR 3205 - “sufficient training, resources, and time” • House discussion draft - “sufficient capacity and training” • Senate discussion draft - “sufficient training”

6. McKinney-Vento Reauthorization: School Selection Provisions • HR 3205 and House discussion draft: • Presumption that school of origin is in best educational interest, unless • Against parent/guardian/youth wishes • Best interest determination based on student-centered, individualized factors weighs in favor of local enrollment • If LEA determines not school of origin or wish of parent, guardian, youth: written notice/appeal must be provided • Senate discussion draft: • Same as current law, except “best educational interest” includes a few student-centered factors • HR3205, House, and Senate discussion draft: • “School of origin” encompasses feeder school systems

7. McKinney-Vento Reauthorization: Enrollment Provisions • HR 3205, House, and Senate discussion draft: • Clarifies immediate enrollment, even if student owes fees or is unable to pay fees in school selected • HR 3205 and House discussion draft : • Clarifies records must be released even if student owes fees or is not withdrawn in accordance with local procedures

8. McKinney-Vento Reauthorization: Transportation Provisions • HR 3205 • Provides a dedicated funding stream at state level, separate from main program, to defray cost of transportation (school of origin, preschool, after school programs and extra-curriculars, parental involvement, removing barriers). Authorized at $35 million. • House discussion draft : no dedicated transportation funding • Senate discussion draft: no dedicated transportation funding

9. McKinney-Vento Reauthorization: Dispute Resolution Provisions • HR 3205 and House discussion draft: • State Dispute Resolution Processes must ensure that local dispute processes are accessible, decision-makers receive training; parents/youth have opportunities to present complains • State Dispute Resolution Processes must ensure that parents/youth can appeal to the SEA, which can issues binding decisions; procedures to resolve disputes between LEAs; processes for providing supplemental academic support if student’s rights are violated • Senate discussion draft: • State Dispute Resolution process must: be readily available, in an understandable format; ensure that parents, guardians, youth can appeal to the SEA; take into account best educational interest of child or youth

10. McKinney-Vento Reauthorization: Credit Accrual and Recovery • HR 3205: • Requires policies to ensure youth receive credit for full or partial coursework satisfactorily completed at a prior school, and have opportunities to recover credits lost during homelessness • House discussion draft: • Requires policies and practices to lift barriers to on-time graduation, including policies that address full or partial coursework completed at other schools, and credit recovery opportunities • Senate discussion draft: • Requires policies to ensure youth receive appropriate credit for completion of previous coursework consistent with State law and accreditation standards

11. McKinney-Vento Reauthorization: Access to Academic Support • HR 3205 and House discussion draft: • Ensures that children and youth who meet the relevant criteria have access to magnet school, summer school, charter schools, field trips, activities with fees • Requires policies and practices to ensure children and youth have opportunities to meet the same State standards to which other students are held • Senate discussion draft: • Requires policies and practices to ensure children and youth participate fully in academic activities • Requires policies and practices to ensure children and youth have opportunities to meet same State standards to which other students are held

12. McKinney-Vento Reauthorization: Access to Extra-Curricular Activities • HR 3205 and House discussion draft: • Ensures that children and youth have access to extra-curricular activities, athletic activities for which they meet skill level requirements, paying attention to barriers caused by fees, enrollment deadlines, transportation • Senate discussion draft: • Requires policies and practices to ensure children and youth participate fully in non-academic activities, including removing barriers caused by fees, enrollment deadlines, transportation

13. McKinney-Vento Reauthorization: Unaccompanied Youth • HR 3205: • Requires liaisons to ensure unaccompanied youth are enrolled and have opportunities to meet State standards • No liability for complying with M-V and enrolling without parents or guardians • House discussion draft: • Requires liaisons to ensure unaccompanied youth are enrolled and have opportunities to meet State standards • Senate discussion draft • No liability for complying with M-V and enrolling without parents or guardians

14. McKinney-Vento Reauthorization: Preschool Children • HR 3205 and House discussion draft: • Requires preschool programs funded, administered, or overseen by SEA or LEA to identify and prioritize homeless preschool children for enrollment, and comply with other parts of M-V • Requires other State-funded preschool programs to identify and prioritize for enrollment • Senate discussion draft • Requires preschool programs funded through ESEA to comply with the Act, identify homeless children, increase their enrollment, and review programs to meet their unique needs

15. McKinney-Vento Reauthorization: Children and Youth in Out of Home Care Proposal expected to be in House bill • Expands all M-V protections, except transportation to the school of origin, to children/youth in the custody of a public child welfare agency: within two years of enactment or an appropriation of $90 million, whichever comes first • Transportation to school of origin is provided if: required by state law; reimbursed by child welfare agency; or appropriations reach $140 million (unless dedicated fund is established and reaches $35 million)

16. McKinney-Vento Reauthorization: Children and Youth in Out of Home Care Proposal expected to be in House bill (cont.) • Within one year of enactment, SEA must submit plan in collaboration with state child welfare agency to describe details (enrollment, decision-making, etc) • Supplement/supplant provisions • No shifting of state child welfare responsibilities • Definition of Parent for Foster Youth: biological or adoptive parent or guardian, unless educational decision-making rights removed; judge can appoint educational decision-maker if rights removed, or parent cannot be located, is not available with reasonable promptness, or is not making decisions in the best interest of the child

17. McKinney-Vento Reauthorization: Authorized Funding Level • HR 3205: $140 million for basic program, $35 million for dedicated transportation • House discussion draft: ??? (recommendation for total, with children in foster care, is $210 million) • Senate discussion draft: ???

18. McKinney-Vento Reauthorization: State Allocations • HR 3205 and House discussion draft: $300,000 for small states; all states can reserve up to 25% for statewide activities • Senate discussion draft: $250,000 for small states; all states can reserve up to 20%, or $85,000, for statewide activities, whichever is greater

19. Title I Part A: Set-asides • HR 3205 and House discussion draft: • For schoolwide, targeted, and non-participating schools • Must be based on a needs assessment of homeless children and youth and determined collaboratively with the liaison • Can be used for transportation to the school of origin and to assist position of the liaison • Local plan must describe how amount of set-aside matches need assessment • No Senate Title I draft yet

20. Next Steps • Continue to send us your suggestions • For existing proposals, please send supporting stories, examples, data • Develop relationships with Congressional offices • Encourage your US Representative to become a co-sponsor of H.R. 3205 (likely to be re-introduced next session) • Next year: appropriations! Help gather data/stories to support increased funding • For legislative emails, send email request to bduffield@naehcy.org (or give me your card/paper with email address) • For web updates: www.naehcy.org/update.html

21. Contact Information: Barbara Duffield, Policy Director NAEHCY 202.364.7392 bduffield@naehcy.org Patricia Julianelle, Pro Bono Counsel NAEHCY pjulianelle@naehcy.org