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The Texas 84th Legislature: A
recap of laws impacting the
education of homeless and foster children
and youth
Presented by: Jeanne Stamp, LCSW, LMFT, LCDC, ACSW
512-475-6898
Texas Homeless Education Office
2/2015
HB: 679
Directs a Texas statewide study on homeless youth to be conducted by TDHCA and other members of TICH (TNOYS will lead the effort with THN) to identify:
1. the number of homeless youth (under 19 years old) in TX
2. the needs of these homeless youth
3. the extent to which current programs meet those needs
4. funding sources to provide services
5. a strategic plan with steps and timelines for reducing youth homelessness in TX
HB: 679
Unfortunately while the definition of homeless youth in the House version included doubled up and motel/hotel living, this part of the definition was removed in the Senate and final version.
We think there is a work around on this – identified by the TNOYS the lead agency in designing the survey tool
This study is a great opportunity for CoC’s and Schools to begin talking and working together to identify the numbers, issues and gaps for these students, and to look at collaborative approaches to services and funding.
HB 1559Requires any school/campus with a website to post information regarding local services and programs that assist homeless studentsThe information must be easily understandable in English and SpanishThe information must be easy to find on the siteAny district that has fewer than 3,000 students and is in a county with a population less than 50,000 is exempted
2/2015 \
HB 1559Service providers may request that they be listed on the school’s websiteWhile the school does not have to list everyone that requests it, they will want to list the most essential services, along with points of accessThis information is the type of information that is shared at local homeless coalition meetingsThis sharing will also point up gaps in services and hopefully provide impetus for collaboration and seeking funding
2/2015 \
HB 1804Assists students in substitute care with school transitions10 days for schools to send recordsDevelop systems to ease transitionsDevelop systems for awarding partial credit from current and previous schoolPromote practices that facilitate access to extracurricular, summer and credit accrual programs for students in substitute care
2/2015 \
HB 1804Encourage school districts to provide services for students in substitute care when applying for post secondary study and financial aidRequires acceptance of special education referrals from the previous schoolRequires notice to the education decision-maker and caseworker regarding certain events that significantly impact the child’s educationDevelop procedures for allowing the student to complete a course that is gequired for graduation at no cost and before the beginning of the next year
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HB 1804Ensure that a student not likely to graduate prior to the fifth year following 9th grade enrollment has his/her cretit accrual and personal graduation plan reviewedEnsure a student in 11 or 12 grade be provided information regarding tuition and fee exemptions for dual credit courses
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HB 2398 Addresses truancy prevention – is a 93 page bill with a number of provisions. Truancy prevention programs are required prior to referral to truancy courts.
1. The truancy charge may be dismissed if there is “sufficient justification for failing to attend school” (Article 45.0513 code of Criminal Procedure)including truancy due to homelessness
2. Increases the age from 18 to 19 for mandatory school attendance (ED Code: 25.085(b)
3. A school district may not refer a student to truancy court if the school determines the student’s truancy is the result of pregnancy, being a foster child, being homeless, being the principal earner for the family (25,0915(B)(2)(a-3)
HB 2398 4. Defines “parent” to include “a person standing in parental relation”
5. Gives school districts the leeway to delay or not refer for truancy if:◦ a. The district is applying truancy prevention measures, and◦ b. The district determines the measures are succeeding and◦ c. The district determines it is in the best interest of the student to delay or
not make the referral6.“Status Offender” means a child who is accused, adjudicated, or convicted of
conduct that would not, under state law, be a crime if committed by an adult
7. Takes effect September 1 2015
HB3748
Contains many of the same provisions as HB1804 for coordination of educational support for current and former foster childrenEases transitionsAwarding of credit, including partial creditSupport services, school programs accessSchools must provide notice to the child’s educational decision-maker of certain eventsNotification of tuition and fee exemptions for dual credit courses
04/19/23
HB3748
Access to dual credit courses to activate tuition and fee waiversInstitutions of higher education must designate a foster liaison to provide support services and resources to former foster youthThe Texas Higher Education Coordinating Board must designate a foster liaison to assist in coordinating college readiness and student success
04/19/23
HB3748
Information exchange between DFPS and THECB including demographic information of students attending institutions of higher educationTHECB to provide to DFPS information regarding educational outcomes on: academic achievement, graduation rates, attendance, etc.The Texas Higher Education Coordinating Board must designate a foster liaison to assist in coordinating college readiness and student success
04/19/23
SB 1494Amends TEC 25.007 and Requires TEA to assist homeless students and students in substitute care with transitions to other schools by requiring districts to:Send school records within 10 days of enrollmentDevelop procedures for awarding credit, including
partial credit from a previous schoolFacilitate access to extracurricular programs, summer
programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost
04/19/23
SB 1494Requires the district to develop procedures to allow students to complete a course required for graduationEncourages schools to assist students with applying for postsecondary education and financial aidRequires a school to accept the referral of students in Special Education
04/19/23
SB 1494Requires review of the student’s personal graduation plan including credit accrual if it appears the student might not graduate in the 5th year of high schoolAllows a student in the 11 or 12 grade to graduate from their previous school if they qualify to do so and they are ineligible to graduate from their current school
04/19/23
HB505
Prohibits the Texas Higher Education Coordinating Board from adopting any rule that would limit the number of dual credit courses or hours in which a student may enroll while in high school or in a given semester or academic yearDual credit courses “activate” the tuition and fee waiver for higher education for former foster youth
04/19/23
Other bills affecting students in substitute
careSB1117SB1407SB125SB206SB219
04/19/23
SB1117
relating to housing services provided through the transitional living services program to certain children in the conservatorship of the DFPS
SECTION 1. Section 264.121, Family Code, is amended
(i) The department shall ensure that the transition plan for each youth 16 years of age or older includes provisions to assist the youth in managing the youth's housing needs after the youth leaves foster care, including provisions that:
04/19/23
SB1117
(1) identify the cost of housing in relation to the youth's sources of income, including any benefits or rental assistance available to the youth;
(2) if the youth's housing goals include residing with family or friends, state that the department has addressed the following with the youth:
(A) the length of time the youth expects to stay in the housing arrangement;
(B) expectations for the youth regarding paying rent and meeting other household obligations;
04/19/23
SB1117
(C) the youth's psychological and emotional needs, as applicable; and
(D) any potential conflicts with other household members, or any difficulties connected to the type of housing the youth is seeking, that may arise based on the youth's psychological and emotional needs;
(3) inform the youth about emergency shelters and housing resources, including supervised independent living and housing at colleges and universities, such as dormitories;
04/19/23
SB1117
(4) require the department to review a common rental application with the youth and ensure that the youth possesses all of the documentation required to obtain rental housing; and
(5) identify any individuals who are able to serve as cosigners or references on the youth's applications for housing.
SECTION 2. This Act takes effect September 1, 2015.
04/19/23
SB1407
“Normalcy” bill that allows substitute caregivers to approve or disapprove of a child’s participation in activities based on a “reasonable and prudent parent” standard
04/19/23
Other Bills
SB125 requires a comprehensive assessment no later than 45 days after coming into care – including a trauma screeningSB 206 Sunset recommendations for foster care redesign: copies of important documents by 16th birthday, identify education decision-maker, school of origin rights strengthenedSB219 Sunset recommendations – education provisions – education decision maker, permanency plan addresses educational needs, addresses early childhood and educational services
04/19/23
Federal Updates: Elementary and Federal Updates: Elementary and Secondary Education Act Secondary Education Act Reauthorization: Current StatusReauthorization: Current Status
“The Every Child Achieves Act of 2015,” S. 1177, The “Student Success Act,” H.R. 5, In the following slides, an asterisk* indicates provisions included in both bills
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: State Coordinators State Coordinators and Liaisonsand LiaisonsState coordinators must be able to sufficiently carry
out duties*State coordinators must annually publish updated
list of liaisons on SEA website*State coordinators must monitor LEAsLocal liaisons must have sufficient time and training
to carry out dutiesAs determined appropriate by State Coordinator,
local liaisons must participate in professional development and technical assistance
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: School Stability School Stability ProvisionsProvisions
Enhanced school stability: presumption that staying in the school of origin is in the student’s best interest, unless individual determination of best interest factors shows otherwise*
School of origin definition is amended to include feeder schools*
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Enrollment Enrollment ProvisionsProvisions
Clarifies that homeless children and youth must be enrolled in school immediately, even if the student has missed application or enrollment deadlines during any period of homelessness*
Requires SEAs and LEAs to develop, review, and revise policies to remove barriers to the identification, enrollment, and retention of homeless students in school, including barriers related to fees, fines, absences, and credit accrual policies
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Credit Accrual and Credit Accrual and Academic SupportAcademic Support
States must have procedures to ensure that homeless children and youth: are able to receive appropriate credit for full or partial coursework satisfactorily completed while attending a prior school have access to magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State or local levels
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: School Success and Extra- School Success and Extra-Curricular ActivitiesCurricular Activities
SEAs and LEAs must adopt policies and practices to promote school success, including access to full participation in academic and extra-curricular activities that are made available to non-homeless students.
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Every Child Every Child Achieves Act of 2015:Achieves Act of 2015: Unaccompanied Unaccompanied Homeless YouthHomeless Youth
Requires local liaisons to ensure that unaccompanied homeless youth:*◦ are enrolled in school; ◦ have opportunities to meet State academic
achievement standards, including through the McKinney-Vento Act’s credit accrual provisions; and
◦ are informed of their status as independent students for financial aid and may obtain assistance to receive verification for the FAFSA.
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Identification, Privacy, Identification, Privacy, and Fundingand Funding
Added emphasis on identification throughout the law Schools must treat information about a homeless child or youth’s living situation as a student education record, and may not release this information to persons not authorized under FERPA* Authorizes “such sums as may be necessary” for FY2016-FY2021
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Every Child Achieves Act Every Child Achieves Act of 2015of 2015 Title I Part A Provisions Title I Part A Provisions on Homelessnesson HomelessnessRequires the State plan to describe how the
SEA will comply with the McKinney-Vento ActAuthorizes the amount of Title I set-aside to
be determined based on a needs assessment, and to be used for services not ordinarily provided by Title I, including local liaisons and transportation to the school of origin
Clarifies that the Title I set-aside is for all schools in an LEA (not just non-participating)
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Foster Care – State Foster Care – State Title I Plans (1)Title I Plans (1)
State Title I Plans must describe the steps the SEA will take to ensure collaboration with the State child welfare agency to improve the educational stability of children or youth in foster care including assurances that:1. Foster youth are enrolled or remains in their school of origin, unless a determination is made that it is not in their best interest;
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Foster Care – State Foster Care – State Title I Plans (2)Title I Plans (2)
2. The determination must be based on 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 placement3. 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
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Foster Care – State Foster Care – State Title I Plans (3)Title I Plans (3)
The SEA designates a point of contact for the state child welfare agency, 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
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Foster Care – Local Foster Care – Local Title I Plans (1) Title I Plans (1)
Within one year of enactment, LEAs must develop and implement plans for the transportation of foster youth to their school of origin, when in their best interest LEAs are required to provide transportation to the school of origin only if they are reimbursed by the child welfare agency, or if they agree to provide it
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Foster Care – Local Foster Care – Local Title I Plans (2) Title I Plans (2)
LEAs must designate a point of contact if the corresponding child welfare agencies notifies the LEA, in writing, that it has designated a point of contact for the LEA
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: Awaiting Foster Awaiting Foster Care PlacementCare Placement
Within one year of enactment, “awaiting foster care placement” is deleted from the definition of homelessness in the McKinney-Vento Act
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Every Child Achieves Every Child Achieves Act of 2015:Act of 2015: State Report State Report CardsCards
Under current law, States put out report cards on achievement, including specific subgroups
S. 1177 maintains this, and adds homeless and foster children and youth to state assessments
S. 1177 includes similar subgroup reporting for graduation rates and other indicators States will use to design accountability, but not homeless/foster
Potential amendment to add homeless/foster to graduation rate disaggregation
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What about RHYA and EHCY What about RHYA and EHCY Funding?Funding?
Education for Homeless Children and Youth (EHCY) and Runaway and Homeless Youth Act (RHYA) are the only two federal programs specific to children/youth
House and Senate Labor-HHS-Education Committee FY2016 appropriations bills contain $2 million for youth prevalence study, level funding for EHCY, and a $1 million decrease for RHYA
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The Homeless Children and Youth Act:What Does it Do?
Amends HUD’s definition of homelessness to include children and youth verified as homeless by school liaisons, RHYA programs, Head Start, Health Care for the Homeless programs, etc.
Prohibits HUD from prioritizing one group over another; communities would be guided by local needs assessments
Requires data from all federal homeless programs to be part of HUD’s Report to Congress
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