110 HR 4880 IH: To amend the McKinney-Vento Homeless Assistance Act to U.S. House of Representatives 2007-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4880 IN THE HOUSE OF REPRESENTATIVES December 19, 2007 Mr. Davis of Illinois introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the McKinney-Vento Homeless Assistance Act to provide for the implementation of protection and services for children and youths in out of home care, and for other purposes.

1.

Implementation of Protection and Services for Children and Youths in Out of Home Care

(a)

In general

The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by adding at the end the following new subtitle: C

Implementation of Protection and Services for Children and Youths in Out of Home Care

731.

Statements of policy

Congress declares the following: (1)Children and youths in out of home care face daunting barriers to educational success very similar to those faced by children experiencing homelessness. Extension of the protections and services of this subtitle to children and youths in out of home care, therefore, is crucial, to their educational success while ensuring that existing State and local educational agency programs serving homeless children and youths are protected and are provided with adequate support. (2)Efforts to improve educational outcomes for children and youths in out of home care must be a joint effort of child welfare agencies responsible for the welfare of such children and youths and the State and local educational agencies pursuant to section 732 to provide educational services to such children and youths.

732.

Implementation of protection and services for children and youths in out of home care

(a)

In general

Not later than two years after the date of the enactment of this subtitle or the date on which the amount appropriated under section 726 equals or exceeds $90,000,000, whichever comes first, each State through the State educational agency and each local educational agency in the State, in collaboration with the State and local child welfare agencies in the State, shall provide children and youths in out of home care with the following: (1)The opportunity to remain in the school of origin, in accordance with subparagraphs (A) and (B) of section 722(g)(3), subject to subsection (b) of this section. (2)Immediate enrollment in the school chosen pursuant to section 722(g)(3)(C). (3)Maintenance and timely transfer of records pursuant to section 722(g)(3)(D). (4)Access to the dispute resolution process pursuant to section 722(g)(3)(E). (5)The assurance that they will not be segregated in a separate or stigmatized school or separate program within a school based on the status of their being children and youths in out of home care, pursuant to subsections (e)(3) and (g)(1)(J)(i) of section 722. (6)Equal access to comparable services as set forth in section 722(g)(4), subject to subsection (b) of this section. (7)Equal access to State-funded and local educational agency-funded preschool programs, appropriate secondary education and support services, before- and after-school programs for which they are eligible, including extracurricular activities, pursuant to section 722(g)(1)(F). (8)Opportunities to meet the same challenging State student academic achievement standards that all students are expected to meet pursuant to section 722(g)(1)(A). (9)Coordination of services with local child welfare and social service agencies and with local educational agencies on inter-district issues pursuant to section 722(g)(5). (b)

Transportation

A State under this subtitle shall not be required to ensure that transportation is provided to the school of origin for a child or youth in out of home care unless such transportation is otherwise required by law, the responsible child welfare agency or other entity agrees to reimburse the cost of providing such transportation, or transportation is required under section 733. (c)

Implementation of plan

Not later than one year after the date of the enactment of this subtitle, each State educational agency, in cooperation with the State child welfare agency in the State, shall submit to the Secretary a plan for the implementation of the educational rights of children and youths in out of home care. Such plan shall include the following: (1)A description of how the State and the local child welfare agencies within the State will coordinate and collaborate with the State educational agency, the Coordinator for Education of Homeless Children and Youths established under section 722(d)(3), and the local educational agencies in the State, including liaisons designated under section 722(g)(1)(J)(ii), to ensure the protections and services provided under this subtitle will be promptly and effectively delivered to children and youths in out of home care, taking into account the need to continue serving other children and youths eligible for protections and services under this subtitle. (2)A description of the policies and procedures which are or will be implemented regarding confidentiality, information-sharing, and educational decision-making for such children and youths. (3)A description of the policies and procedures which are or will be implemented regarding notice, dispute resolution procedures, maintenance of school records, and health records. (4)A description of specific procedures for school enrollment and withdrawal of children and youths in out of home care, including a description of who within the child welfare agency will work with the local educational agency to ensure immediate enrollment of children and youths in out of home care and to assist with the smooth transition from school to school. (5)A description of the numbers and needs of children and youths in out of home care who will be eligible for the protections and services under subsection (a), including, to the extent available, data on the numbers of school-age and preschool-age children and youths in out of home care in the State by local educational agencies, and data on the extent of school mobility of children and youths in out of home care in the State. (6)A description of existing barriers to enrollment, attendance, retention, and educational success in school for children and youths in out of home care. (7)A description of efforts in the State to recruit foster families and provide placement options that maintain children and youths in their schools of origin. (8)Consistent with subsection (d) and section 722(f)(3), data and information regarding children and youths in out of home care who are eligible for and are receiving protections and services under subsection (a). (9)A description of the policies and procedures to be coordinated with the public child welfare agency that will assist unaccompanied youths who are in the custody of such public child welfare agency to maintain school enrollment and attendance through stable housing. (10)Pursuant to subsection (b), a description of how required transportation services will be provided and coordinated. (d)

Additional secretarial responsibilities

(1)

Information

(A)

In general

From funds appropriated under section 726, the Secretary, in coordination with the Secretary of Health and Human Services, shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding— (i)the number and location of children and youths in out of home care; (ii)the education and related services such children and youths receive; (iii)the extent to which the educational needs of children and youths in out of home care are being met; and (iv)such other data and information as the Secretary determines necessary and relevant to carry out this subtitle. (B)

Coordination

The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. The Secretary shall also coordinate the collection of such data with the data collection required under section 724(h). (2)

Report

Not later than four years after the date of the enactment of this subtitle, the Secretary shall submit to the President and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of children and youths in out of home care, including information on the actions of the Secretary and the effectiveness of the programs supported under this subtitle. (e)

Rules of construction

(1)

No shifting responsibilities

Nothing in this subtitle is intended to shift responsibilities to State or local educational agencies for duties and activities related to meeting the educational needs of children and youths in out of home care that the State child welfare agency has specifically assumed in its State plan submitted pursuant to parts B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.). (2)

No preclusion of early implementation

Nothing in this section shall preclude a State from extending the protections under this section to children and youths in out of home care before the date that is two years after the date of the enactment of this subtitle or the date on which the amount appropriated under section 726 equals or exceeds $90,000,000, whichever comes first, except that if a State implements such protections before either of such dates, the State shall first submit the implementation plan required under subsection (c). (f)

Supplement, not supplant

Funds appropriated under this subtitle shall be used to supplement, not supplant, Federal and non-Federal funds available through State and local child welfare agencies for expenses related to the education of children and youths who are in out of home care.

733.

Special rule regarding transportation for children and youths in out of home care

State and local educational agencies shall be required to ensure that transportation is provided to enable children and youths in out of home care to remain in their schools of origin as specified under this subtitle— (1)when the amount appropriated under section 726 equals or exceeds $140,000,000; (2)such transportation is otherwise required by law; or (3)the responsible child welfare agency or other entity agrees to reimburse the cost of providing such transportation.

734.

Children and youths awaiting foster care placement

Nothing in sections 732 and 733 shall be construed to relieve States or local educational agencies of responsibility under this subtitle to serve children and youths awaiting foster care placement.

735.

Action by court

If the right of the birth or adoptive parent or legal guardian of a child or youth to make educational decisions for such child or youth has been terminated or suspended by an order of the court, or if the birth or adoptive parent or legal guardian cannot be identified or located after reasonable efforts, is not available with reasonable promptness to assist in enrollment or placement decisions, or is not acting in the best educational interests of such child or youth with respect to enrollment or placement decisions, a court may appoint an individual to serve as the educational decisionmaker of such child or youth who shall have the same rights as a parent or guardian under this subtitle. In making such appointment, if such child or youth is eligible for services under the Individuals with Disabilities Education Act, the court shall consider whether the individual who is serving as the parent or surrogate parent under sections 615(b)(2) and 639(a)(5) of such Act of such child or youth should serve as the educational decisionmaker for the purpose of this subtitle.

736.

Definitions

In this subtitle: (1)

Children and youths in out of home care

The term children and youths in out of home care means children and youths who are in the custody of a public child welfare agency, including foster family homes, kinship care families, group homes, and other congregate care facilities. (2)

Parent or guardian

The term parent or guardian means, with respect to children or youths in out of home care— (A)the birth or adoptive parent or legal guardian of such a child or youth, unless such parent’s or guardian’s right to make educational decisions for such child or youth has been terminated or suspended by a court; or (B)the educational decisionmaker appointed by a court to make educational decisions for such child or youth.

. (b)

Conforming amendment

The table of contents of the McKinney-Vento Homeless Assistance Act is amended by adding at the end the following: Subtitle C—Implementation of Protection and Services for Children and Youths in Out of Home Care Sec. 731. Statements of policy. Sec. 732. Implementation of protection and services for children and youths in out of home care. Sec. 733. Special rule regarding transportation for children and youths in out of home care. Sec. 734. Children and youths awaiting foster care placement. Sec. 735. Action by court. Sec. 736. Definitions. .