Ensuring Educational Stability for 

Children in Foster Care: 

Effective Collaboration

September 7, 2016
TODAY’S PRESENTERS

 Stevi Steines

Chief Deputy, Administration on Children, Youth and Families, U.S. 

Department of Health and Human Services

 Mary Myslewicz

Casey Fellow, Office of Innovation and Improvement, U.S. Department of 

Education

 Lessons from the Field

– Kathleen McNaught, Project Director, Legal Center for Foster Care 

and Education, ABA Center on Children and the Law

– Judge Robert Hofmann, 452nd District Court Judge, Vice Chair of 

the Children’s Commission, and Chair of Foster Care & Education 

Committee

– Jamie Bernstein, Staff Attorney, Supreme Court of Texas Permanent 

Judicial Commission for Children, Youth and Families (Children’s 

Commission) 

– Kelly Kravitz, State Coordinator, Foster Care Education & Policy 

and McKinney-Vento Homeless Programs, Texas Education Agency 

– Jenny Hinson, Division Administrator for Permanency, Texas 

Department of Family and Protective Services

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TODAY’S AGENDA

 Provide an overview of the federal framework for ensuring 

educational stability for children in foster care and the joint 

guidance related to collaboration

 Highlight essential components for consideration when 

establishing a collaboration between child welfare agencies 

and education agencies

 Provide lessons learned from implementation of cross-agency 

collaboration initiative in Texas

 Q&A

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QUESTIONS? 

Please submit your questions for our presenters in the “Q&A” box on the right of your screen.
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 it is 

determined that it is not in his or her best interest

 If it is not in the child’s best interest to remain in the school of 

origin, the child must be immediately enrolled in the new school 

even if they don’t have the required documentation. 

 Each state education agency (SEA) must designate a point of 

contact (POC) for child welfare agencies (CWAs). Local 

education agencies (LEAs) must also designate a POC for CWAs 

if the corresponding CWA notifies the LEA, in writing, that it has 

designate a POC.

 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 UPDATE

 The phrase “awaiting foster care placement” will be 

removed from the McKinney-Vento Homeless Assistance 

Act’s definition of homeless children and youth.

– For non-covered states, this change is effective 12/10/16 

– For covered states--that is, States that define “awaiting 

foster care placement” in statute--this change is effective 

12/10/17

 After the effective date, youth “awaiting foster care 

placement” must be served under ESSA

 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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Access ED’s Guidance on the ESSA Amendments to McKinney-Vento:

http://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf
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:

http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf
JOINT ED-HHS WEBINAR SERIES

Webinar Topic Date Location

An Overview of the 

ED/HHS Joint Guidance 7/27/16 http://www.fostercareandeducation.org/AreasofFocus/EducationStability.aspx

Points of Contact 8/17/16 https://1sourceevei/ents.adobeconnect.com/p9

u646jav

Best Interest Determination & 

Immediate Enrollment 8/24/16 https://1sourceevents.adobeconnect.com/p5a1t0r4b8f/

Transportation 8/31/16 Coming soon!

Effective Collaboration 9/7/16 Coming soon!

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Access the joint guidance:

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

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EFFECTIVE COLLABORATION

Under ESSA, each state plan shall describe--

 The steps an SEA will take to ensure collaboration 

with the state child welfare agency to ensure the 

educational stability of children in foster care

Each LEA shall provide assurances that the LEA will:

 Collaborate with the State or local child welfare 

agency to--

– Designate a point of contact

– Develop and implement clear written transportation 

procedures

ESSA REQUIREMENTS

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EFFECTIVE COLLABORATION

 Consideration should be given to establishing a structure 

at the local level

 Provide opportunities to cross-train both child welfare 

agency and education staff

 Engage variety of stakeholders 

 Collaboration should be on-going and continuously 

works to improve outcomes for children in foster care

GUIDANCE PROVISIONS

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12

Lessons from the Field
LESSONS FROM THE FIELD: ABA

GUEST PRESENTER

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Kathleen McNaught

Project Director, Legal Center for Foster Care 

and Education

American Bar Association Center on Children

and the Law 

kathleen.mcnaught@americanbar.org 
PRELIMINARY STEP: DECIDING WHO NEEDS TO 

BE AT THE TABLE

 Judiciary

 Attorneys & advocates

 Child welfare agency 

staff

 Educators

 Parents

 Children & youth

 Foster parents

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STEP 1: COMMON KNOWLEDGE BASE

 Understand your own polices and practice (including 

gaps)

 Think about your own goals and priorities

 Learn about other systems

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STEP 2: ESTABLISH JOINT GOALS & PROCESS

 Establish process and team

 Collaboratively identify obstacles, challenges, and 

opportunities

 Take action—develop plans and set priorities

 Track and measure progress; revise as needed

Some Key Tips for Success:

 Start simple

 Start small

 Do not avoid biggest obstacles

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STEP 3: MAINTAIN MOMENTUM

 Staff resources (points of contact)

 Celebrate early victories

 Keep agency leadership (and courts) engaged

 Data drives change and supports progress

 Memorialize changes and collaboration

 Ongoing training and communication

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LEGAL CENTER FOR FOSTER CARE AND 

EDUCATION

www.fostercareandeducation.org/AreasofFocus

/EducationStability.aspx

 Q&A on ESSA

 PowerPoint presentation

 Summary of joint guidance

 Roles and Responsibilities checklist

 Coming Soon:

– Sample LEA transportation 

procedures

– Sample state-level guidance

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CONCLUSION

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LESSONS FROM THE FIELD: TEXAS

GUEST PRESENTERS

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Judge Robert Hofmann

452nd District Court Judge, Vice Chair of the Children’s

Commission, and Chair of Foster Care and

Education Committee

rob.hofmann@txcourts.gov 

Jamie Bernstein

Staff Attorney 

Supreme Court of Texas Permanent Judicial Commission

for Children, Youth and Families (Children’s Commission)

jamie.bernstein@txcourts.gov 
LESSONS FROM THE FIELD: TEXAS

GUEST PRESENTERS

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Kelly Kravtiz

State Coordinator, Foster Care Education & Policy 

and McKinney-Vento Homeless Programs

Texas Education Agency

kelly.kravitz@tea.texas.gov 

Jenny Hinson

Division Administrator for Permanency

Texas Department of Family and Protective Services

jenny.hinson@dfps.state.tx.us 
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Different Systems, Finding 

Common Ground

Judge Robert Hofmann
DEVELOPING A COMMON LANGUAGE

Child Welfare Regions Education Regions

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BARRIERS TO COLLABORATION

 Data sharing

 Mutual understanding of 

policies and procedures

 Staff turnover

 Enrollment issues

 Placement disruptions

 Trust

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Children’s Commission

 Established by Supreme 

Court of Texas order in 

November 2007 

 Chaired by Justice Eva 

Guzman

 Administer the federal 

Court Improvement Program 

grant

 Serve as a facilitator of 

collaboration for state 

leaders in the executive, 

judicial, and legislative 

branches

Education Committee

 Idea developed by Texas 

team during National 

Leadership Summit on Child 

Protection, October 2009

 Focus: Education outcomes 

for children and youth in 

foster care

 Commitment of statewide 

resources to examine 

educational outcomes and 

make recommendations for 

improvement
CHILDREN’S COMMISSION EDUCATION 

COMMITTEE MEMBERS

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THE STATE AS PARENT = THESE CHILDREN ARE 

“OUR” RESPONSIBILITY

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Schools

Courts

CPS
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Developing Priorities

Jamie Bernstein
TEXAS BLUEPRINT IMPLEMENTATION TASK 

FORCE

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 Established in December 

2012 by Children’s 

Commission

 Monitored progress of 

collaborative workgroups 

addressing a variety of 

education related topics: 

– Data Collection and 

Information Sharing

– School Stability 

– Training and Resources

Final Report available at: http://texaschildrenscommission.gov/foster-careeducation.aspx
STATE LAW IMPROVEMENTS

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 Consideration of educational needs and goals during 

Permanency Hearings

 Attorneys and guardians ad litem must be 

knowledgeable about children’s educational needs and 

goals

 Education decision-maker provisions

 Foster care indicator added to Texas’ state education 

data collection

 K-12 and postsecondary liaisons for students in foster 

care

 Excused school absences due to court-ordered 

appointments and activities related to CPS service plan
TRAINING

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 Texas’ first Foster Care and Education Summit, 

February 2013 

– Kicked off with a joint invitation from Supreme Court 

Justice Eva Guzman and the Commissioners of the state 

child welfare and education agencies

– Attended by approximately 200 judges, school district 

and education service center representatives, CPS, 

CASA, and advocates

 Cross-disciplinary training throughout the state

 Education consortiums

 National Dropout Prevention Conference –

professional development track for Texas foster care 

liaisons
MOBILIZING DATA-DRIVEN CHANGE

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 Statewide data exchange since 2008-09, updated 

MOU between TEA and DFPS in 2014

 Aggregate foster care education data is shared in 

presentations with education, court, and child 

welfare audiences

 Participation in national information sharing 

programs

 Developed shared definitions across systems

 Mapped data collection timelines

 Identified priority data indicators
COURT INVOLVEMENT

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 Play a key leadership role

 Provide judicial education and correspondence 

about educational needs of students in foster care

 Judges are statutorily required to ask about 

education at hearings 

 Created an Education Checklist
MAINTAINING MOMENTUM

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Education 

Committee 

Created 

2010

Texas Blueprint 

Report 

Released 

2012

Implementation 

Task Force

2012-2014

FC & Education 

Committee 

Created 

2015
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Building Infrastructure

Kelly Kravitz
TEXAS TRIO PROJECT: STRENGTHENING 

COURT, CHILD WELFARE, AND EDUCATION 

CONNECTIONS FOR YOUTH

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Houston ISD

DFPS (State and 

Region 6)

Children’s 

Commission

Texas 

Education 

Agency

UT- Child and Family 

Research Institute

Houston ISD

U.S Department of Heath and Human Services, Administration for Children and 

Families awarded Child Welfare Education Demonstration Grant to Texas
TEA FOSTER CARE & STUDENT SUCCESS

 Comprehensive resource and 

training guide, released in 

October 2013; written by TEA, 

DFPS, and Children’s 

Commission

 Foundational guide for 

education community, foster 

care liaisons, and all who 

support the education of 

students in foster care

 Includes policy, practice, laws, 

and resources for school district 

training and development on 

foster care and education

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http://tea.texas.gov/FosterCareStudentSuccess/
STATE EDUCATION AGENCY ENGAGEMENT

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 Foster Care Education and Policy Coordinator added to SEA 

in 2012

– Implementation of numerous state education laws

– Development of tools and resources

– Mobilize coordination and collaboration across numerous 

divisions and programs

– Building capacity and creating linkages across a variety 

of state and federal education programs

– Participation in Texas Blueprint Implementation Taskforce 

workgroups and activities
SEA LEADERSHIP AND ACTIVITIES

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 Every district and charter 

school designates a Foster 

Care Liaison

 Engage in meetings across 

departments to increase 

awareness in SEA about the 

education of students in foster 

care (Curriculum, School 

Improvement, Title I, College 

and Career Readiness, Fiscal)

 Leverage existing processes, 

systems and regional 

education communication 

networks to increase capacity 

within state’s education system 

 Regional Education Service 

Centers – Foster Care 

Champions

 Host Foster Care & Student 

Success webpage on SEA site

 Develop data indicator and 

process for identifying and 

reporting students in foster 

care in Texas schools

 Disseminate information and 

materials

 Include foster care and 

education in major statewide 

education conferences and 

educator meetings
ESSA IMPLEMENTATION | SEA COORDINATOR 

ROLE & RESPONSIBILITIES

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 Convene stakeholders

 Coordinate at SEA with Title I, Legal, Data, 

Transportation, etc. 

 Document collaborative activities and provide 

information for State Plan

 Champion across program areas

 Problem solve and educate

 Train and equip
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Strengthening 

Collaboration

Jenny Hinson
CHILD WELFARE ENGAGEMENT

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 Updated numerous policies and contracts

 Designated Education Specialists in each region

 Developed form to identify education decisionmaker 

 Created internal website and portal of education 

information for DFPS staff

 Developed publications for caregivers

 Formalized collaboration through regional education 

consortiums
DFPS/CPS EDUCATION SPECIALISTS

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 Work with stakeholders to improve educational 

outcomes for children and youth in conservatorship

 Ensure every child/student has the necessary 

resources to meet and exceed each child’s 

educational goals and needs through representation 

and advocacy

 Primary resource and subject matter expert for 

caseworkers, schools, community stakeholders on 

foster care and education

 Participate in state and regional committees, 

workgroups, and local courts
TEXAS CASA EDUCATIONAL ADVOCACY 

TOOLKIT

 Collaborative document 

developed by Texas CASA, 

DFPS, TEA, Children’s 

Commission, and other 

stakeholders

 Contains tools and resources to 

help advocates navigate the 

educational challenges facing 

students in foster care

 Breaks down the different 

education decision-making 

roles and the involvement of 

the Court Appointed Special 

Advocate

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http://texascasa.org/learning-center/resources/educational-advocacy-toolkit/
FOSTER CARE & EDUCATION DATA 

INFOGRAPHIC

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BUILDING COLLABORATION | LESSONS 

LEARNED

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 Establish contacts and build 

relationships across systems

 Establish shared vision and 

goals

 Create opportunities to 

learn about one another’s 

systems, agency jargon, 

decision-making processes, 

services provided, legal 

mandates, constraints, etc. 

 Include other stakeholders 

and relevant partners

 Use data to track progress

 Celebrate successes and 

victories

 Each system provides 

unique insights and 

perspectives that are 

necessary for effective 

collaboration and improved 

student outcomes

 Remain open and positive

 Listen and seek 

understanding of what is 

new or unknown

 Develop strategies for 

collaborative work

 Identify high-level 

champions

 Involve youth and alumni
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Questions for Panelists?

Please submit questions in the “Q&A” box on the right of your screen.
QUESTIONS ABOUT IMPLEMENTATION?

SEAs & LEAs

 Send questions to ED’s ESSA mailbox: essa.questions@ed.gov

 Contact your Office of State Support Program Officer: 

http://www2.ed.gov/about/offices/list/oese/oss/contacts.html

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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For additional information, please visit our websites:

• ED’s Every Student Succeeds Act page - http://www.ed.gov/essa

• HHS’ Educational Stability for Children and Youth in Foster Care page -

https://www.childwelfare.gov/topics/systemwide/service-array/educationservices/meeting-needs/educational-stability/
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Thank you!