Ensuring Educational Stability for Children 

in Foster Care: Education and Child 

Welfare Points of Contact

August 17, 2016
TODAY’S PRESENTERS

 Stevi Steines

Chief Deputy, Administration on Children, Youth and Families, 

U.S. Department of Health and Human Services

 Kelly Fitzpatrick

Policy Advisor, Office of Planning, Evaluation, and Policy 

Development, U.S. Department of Education

 Lessons from the Field

– Sheree Wheeler, State Coordinator for Foster Care 

Education, Colorado Department of Education

– Cindi Horshaw, Bureau Director, Pennsylvania 

Department of Human Services

– Samantha Murphy, Education Liaison, Allegheny County 

Department of Human Services

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TODAY’S AGENDA

 Provide an overview of the federal framework for 

ensuring educational stability for children in foster care

 Unpack the Every Student Succeeds Act provisions 

related to educational and child welfare points of 

contact (POCs)

 Learn lessons from early implementation in Colorado 

and Pennsylvania

 Q&A

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EDUCATIONAL STABILITY: A TIMELINE

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October 

2008: 

The Fostering 

Connections 

to Success & 

Increasing 

Adoptions Act

December 

2015: 

The Every 

Student 

Succeeds Act 

(ESSA)

June 

2016: 

ED/HHS 

Foster 

Care 

Guidance 

Released

Aug./Sept. 

2016: 

ED/HHS 

Foster 

Care TA 

Webinar 

Series

December 

2016:

ESSA 

Foster 

Care 

Provisions 

Take Effect
KEY ESSA PROVISIONS

 Children in foster care remain in the school of origin 

unless there is a determination that it is not in his or her 

best interest.

 If it is in the best interest of the child to leave the school 

of origin, the child must be immediately enrolled in the 

new school even if they don’t have the required 

documentation. The enrolling school shall immediately 

contact the school last attended to obtain the child’s 

records.

 LEAs must collaborate with CWAs to develop and 

implement clear written procedures for how 

transportation will be provided, arranged, and funded 

for the duration of a child’s time in foster care.

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MCKINNEY-VENTO PROVISIONS

 The phrase “awaiting foster care placement” will be 

removed from the McKinney-Vento Homeless Assistance 

Act’s definition of homeless children and youth on 

December 10, 2016 for non-covered states

– For covered states, or a state that has a statutory law 

that defines the phrase ‘‘awaiting foster care 

placement,’’ it will be removed December 10, 2017

 Some children in foster care may still be eligible for 

McKinney-Vento services (e.g., youth who are living in 

transitional shelters or motels)

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JOINT GUIDANCE

Table of Contents

Educational Stability Questions 1 – 9 

School of Origin Questions 10 – 11 

Best Interest Determination Questions 12 – 17 

Dispute Resolution Questions 18 – 20 

Transportation Questions 21 – 32 

Immediate Enrollment/Records Transfer Question 33

Points of Contact (POCs) Questions 34 – 37 

Student Data and Privacy Question 38

Collaboration Questions 39 – 40 

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Access the joint guidance here:

http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf

Access the Joint Guidance Overview webinar here:

http://www.fostercareandeducation.org/AreasofFocus/EducationStability.aspx
Education and Child 

Welfare POCs

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POINT OF CONTACT (POC)

 SEAs must provide an assurance that they will designate 

a POC for CWAs

– POC cannot be the McKinney-Vento State 

coordinator for homeless youth

 LEAs must provide an assurance that they will designate 

a POC for the corresponding CWA, if the CWA notifies 

the LEA, in writing, that it has designated a POC

ESSA REQUIREMENTS

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POINT OF CONTACT (POC)

SEA POCs

 Should be designated as soon as possible

 Responsibilities include:

– Monitoring LEAs and coordinating with the State CWA 

to issue state guidelines

– Establishing uniform criteria around best interest 

determination and guidelines for transportation 

procedures

– Facilitating data sharing with State and tribal CWAs

– Provide professional development opportunities for LEA

POCs

GUIDANCE PROVISIONS

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POINT OF CONTACT (POC)

LEA POCs

 Should be designated as soon as possible—even if local 

CWAs haven’t notified LEAs in writing

 Responsibilities include:

– Coordinating with local CWAs to develop a process 

for implementing ESSA provisions

– Leading development of best interest determination 

process

– Facilitating the transfer of records and immediate 

enrollment and data sharing with CWAs

– Developing and coordinating local transportation 

procedures

GUIDANCE PROVISIONS

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POINT OF CONTACT (POC)

BOTH SEA & LEA POCs

 Should have the sufficient capacity and resources to guide the 

implementation of the ESSA provisions

GUIDANCE PROVISIONS

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POINT OF CONTACT (POC)

STATE & LOCAL CHILD WELFARE POCs

 CWAs are not required to designate POCs but are 

highly encouraged to do so

– Local CWAs should send a letter to relevant LEAs as 

soon as possible identifying their POC

 Responsibilities include coordinating with SEAs and LEAs 

to develop a process for implementation

 Should serve as the primary POC between schools, 

families, and other service providers

GUIDANCE PROVISIONS

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Lessons from the Field
LESSONS FROM THE FIELD: COLORADO

Sheree Wheeler

Foster Care Education State Coordinator

Colorado Department of Education

wheeler_s@cde.state.co.us 

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GUEST PRESENTER
COLORADO DEPARTMENT OF EDUCATION

FOSTER CARE EDUCATION PROGRAM

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This program, established in 2012, is dedicated to ensuring that 

students in foster care are achieving academically through 

course completion, advancing to the next grade, accruing credits 

toward graduation, and on a path to post secondary success. 

These efforts are being organized by the State Coordinator for 

Foster Care Education, who is leading this work. 
COLORADO LEGISLATIVE FRAMEWORK

Colorado Revised Statute 22-32-138 mandates children 

who are in out-of-home placements, including but not 

limited to foster care, deserve access to the same 

opportunities as other students to:

– Meet the academic achievement standards to which 

all students are held;

– Maintain stable school enrollments;

– Be placed in the least restrictive educational 

environments; and

– Have access to the same academic resources, 

services, and extracurricular and enrichment 

activities

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COLORADO LEGISLATIVE FRAMEWORK

 Each of the 178 school districts and 

the state Charter School Institute 

must designate a Child Welfare 

Education Liaison (CWEL)

 CWELs help to ensure proper school 

placement, transfer, and enrollment 

of foster students

 CDE has created an FAQ 

summarizing this piece of legislation

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CWEL DUTIES

The duties of the liaison include working with child welfare 

staff and advocates to facilitate prompt and appropriate 

actions for the educational wellbeing of students in foster 

care. Duties include but are not limited to:

– School placement,

– Transfers, and

– Enrollment in schools

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COLORADO DEPARTMENT OF EDUCATION

FOSTER CARE EDUCATION PROGRAM WEBPAGE

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Access Colorado’s Foster Care Education Webpage:

http://www.cde.state.co.us/dropoutprevention/fostercare_index 
LESSONS FROM THE FIELD: PENNSYLVANIA

GUEST PRESENTERS

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Cindi Horshaw

Bureau Director

Pennsylvania Department of Human Services

chorshaw@pa.gov 

Samantha Murphy

Resource Services Manager/Education Liaison

Allegheny County Department of Human Services 

samantha.murphy@alleghenycounty.us 
www.dhs.state.pa.us www.dpw.state.pa.us > 22

• 2008 Child and Family Services Review (CFSR) 

– PA did well in assessing children’s educational needs.

– PA needed improvement in assuring appropriate services were provided or 

arranged.

• Juvenile Court Rules require specific findings regarding education matters

– Staff will be better prepared to respond to judicial inquiries

• PA DHS Bulletin issued September 2010

– Critical role of county agencies to monitor the education of all children receiving 

services

– Appointment of at least 1 education liaison in each county; or 

– Documentation on how they will meet the following requirements:

– Central point of contact;

– Education screen and intervals;

– Case records;

– School stability;

– Collaboration with LEA’s;

– Special education decision makers; and

– Access to post secondary education opportunities.

• Provide guidance and technical assistance to all staff

• May be one of many job responsibilities

Education Liaisons
www.dhs.state.pa.us www.dpw.state.pa.us > 23

• PA is state-supervised, county-administered 

– 67 counties in PA

– County staff are funded through state, local and federal monies

• Claim administrative costs for work done by the education 

liaison 

– Caseworkers are:

• Employed by the county children and youth agency;

• Working with youth who fall under the umbrella of child 

welfare; not all youth; and

• Not acting in lieu of school officials or functioning under 

the Department of Education (PDE) purview.

Funding
www.dhs.state.pa.us www.dpw.state.pa.us > 24

• State level collaboration models local level collaboration

– DHS and PDE monthly meetings

• PDE is in the process of hiring the required Point of Contact staff member. 

– Once hired, monthly calls between PDE Point of Contact and DHS 

representative will start taking place.

• In partnership with DHS, PDE will offer an informational briefing concerning 

ESSA’s foster care provisions on September 15 from 3-4 PM.

• Review/update Truancy Toolkit foster care section. 

• PDE will provide technical assistance to LEAs: 

– Preparing their transportation plan that have to be ready by December 10, 2016; 

– Revising their Title I application to allocated funds for the LEA foster care point 

of contact person.

• Since there is similarity between McKinney Vento and Foster Care, LEAs will be 

invited to attend upcoming McKinney Vento trainings.

Collaboration and Next Steps
www.dhs.state.pa.us www.dpw.state.pa.us > 25

• DHS Bulletin can be found at 

http://www.dhs.pa.gov/publications/bulle

tinsearch/bulletinselected/index.htm?bn=

3130-10-

04&o=N&po=OCYF&id=09/17/2010 

• PDE efforts related to ESSA can be found 

at 

http://www.education.pa.gov/Pages/Ever

y-Student-Succeeds-Act.aspx#tab-1

Resources
Allegheny County

Dept. of Human Services

• Employing over 1,000 staff 

• Serving every 5th resident, largest county department

• Funding nearly 400 providers for 1,600 distinct services

Office of Children, Youth and Families 

• 1 of 5 Program Offices in the Department

• At one point in time: 

– 3,567 children in 1,689 families were receiving services

– 1,274 of these children were in out-of-home placement

– 1,112 of these children were in foster care. About two-thirds of 

those in out-of-home placement were placed with kin. 

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EDUCATION LIAISONS

• State requirement

• Local investment – keeping the ear of administration 

• Based in good customer services & solid knowledge of resources

• Value on relationships and communication

• Model and teach advocacy skills to child welfare professionals – acknowledge their stress/frustration

• Understand trauma informed language and help educators understand the 

challenges of students in child welfare – acknowledge their 

stress/frustration

• Training/Event Planning

• Act as a point of contact for schools ABOUT children in child welfare

• Act as a “subject matter expert” for child welfare staff and provider staff 

ABOUT education

• Data – data – data

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DHS Office Education Focused Efforts

Executive DHS Education Liaison

DHS-wide education consent, DHS 200

Focus on Attendance

School Counselor dedicated to young people in foster care (enrollment/records)

Resource support in Magistrate Hearings (truancy)

Independent Living Initiative/Youth Support Partners (TAY in foster care)

Office of 

Community 

Services

Early Learning (part of the Head Start/Early Head Start collaborative)

Family Support (school readiness)

AmeriCorps KEYS

Homelessness/Education

Funding for afterschool providers

Child Welfare Areas of focus: education stability and truancy/attendance

Data Analysis 

Research & 

Evaluation

Data sharing with school districts

Analysis for schools – education outcomes for human service/probation involved young 

people

Intellectual 

Disability

Identification of transition aged young people in county ID services into adulthood

Office of 

Behavioral Health

Children’s Team

 School Based Liaisons – SAP teams, monitors, administrative partners

 Education Specialists – assistance for those with special ed needs Mental Health 

partnerships in schools

Drug & Alcohol partnerships in schools 28
• Data Sharing Agreements

– http://www.alleghenycountyanalytics.us/index.php/cate

gory/topics/education/

UNDERSTANDING COMMON DATA

“OPENS UP THE CONVERSATION”

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Questions for Panelists?
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Technical Assistance
JOINT ED-HHS WEBINAR SERIES

Webinar Topic Date

Points of Contact August 17, 2016

Best Interest Determination 

& Immediate Enrollment August 24, 2016

Transportation August 31, 2016

Dispute Resolution and 

Collaboration September 7, 2016

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All webinars will be held from 2 – 3 PM ET

Access the Joint Guidance Overview webinar here:

http://www.fostercareandeducation.org/AreasofFocus/EducationStability.aspx
QUESTIONS ABOUT IMPLEMENTATION?

SEAs & LEAs

 Send questions to ED’s ESSA mailbox: 

essa.questions@ed.gov

CWAs

 The Children’s Bureau (CB) provides technical assistance 

through the Capacity Building Center for States

– For additional information, reach out to your Center 

for States Liaison 

(https://capacity.childwelfare.gov/map)

CONTACT US!

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Thank you!