Category: News

OESE Memo Provides LEA’s Guidance on Foster Care Students’ Educational Placement (May 21, 2023)

On May 19, 2023, Office of Elementary and Secondary Education (OESE) Deputy Secretary Jeffrey A. Fuller sent a PennLink memo to all LEAs titled Foster Care Students’ Educational Placement. The PennLink reminds LEAs of the following.

Ensuring Educational Stability for Children and Youth in Foster Care
The purpose of this PENN*LINK is to review and remind local education agencies (LEAs) of the key implementation requirements of the Every Student Succeeds Act’s (ESSA) provisions for children and youth in foster care. It highlights the duties and responsibilities of LEAs to ensure educational stability for students in foster care, including those in residential facilities.

The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) previously issued joint guidance on the implementation requirements among LEAs and county children and youth agencies (CCYA) in 2016. The two Departments also provide an online resource hub, pafostercare.org, which is made available through a partnership with the Center for Schools and Communities.

LEA Responsibilities
Title I, Part A of the Elementary and Secondary Education Act, as amended by ESSA requires LEAs in Pennsylvania to ensure all of the following related to children in foster care:
-Identify and establish a local-level Foster Care Point of Contact (POC);
-Participate or initiate a “Best Interest Determination” (BID) conference in conjunction with the placing CCYA and associated LEAs and necessary stakeholders when children enter or change foster care placements, including residential placements;
-Ensure that transportation is promptly provided, arranged, and funded for children and youth in foster care needing transportation to remain in their school of origin; and
-Ensure that children enrolling into their district of foster care residence are enrolled immediately, even if records normally required for enrollment are not available.

The Best Interest Determination (BID)

Children in foster care have the right to remain enrolled in their school of origin unless there is determination that it is not in the child’s best interest to attend the school of origin. As reflected in the Non-Regulatory Guidance for Ensuring Educational Stability for Children In Foster Care limiting educational disruptions is necessary to ensure that “students in foster care have the opportunity to achieve the same high levels as their peers.” A BID conference must be held as soon as possible after the child has experienced an entry or change in placement and a child should remain enrolled in their prior school and provided with appropriate transportation until a BID conference is conducted and a decision is made regarding school stability. The BID conference should include the legal educational decision maker, representatives from the school district of origin, district of current resident placement, placing child welfare agency and the staff from residential facilities when applicable. The student’s preferences should also be taken into consideration in order to make a “holistic and well-informed” decision on behalf of the student, as outlined in the Non-Regulatory Guidance. A statewide online directory of LEA POCs and child welfare agency Education Liaisons assisting students in foster care is available. These stakeholders must review and assess whether it is in the student’s best interest to remain at their school of origin or enroll in the school associated with the current foster care placement. A child or youth who exits the foster care system should remain in their current school until the end of the school year whenever possible.

It is important to note that students in foster care may need or require special education services and may have an individualized education program (IEP). In these instances, the student’s IEP Team must be included in the BID conference and the decision should be based on the student’s individualized needs. LEAs are encouraged to consult with the PDE Bureau of Special Education as needed to determine appropriate application of state and federal requirements for students in foster care who are in need of or receive special education.

BIDs must occur for students during their initial entry into foster care and should be completed whenever changes in living placement occur. Successive school changes should only take place if all participants in the BID conference agree a school change is in the student’s best interest. During the interim of the BID conference, when disagreements regarding best interest arise, or until a final determination is reached and understood by all parties, students in foster care should remain in their current school to limit education disruption. Parties should collaborate and make every effort to support a short-term plan for the student’s educational continuity.

Students in foster care that change schools due to their entry or change in foster care placement are included under 24 P.S. § 13-1331.1 (Act 1 of 2022 Assisting Students Experiencing Education Instability). Act 1 of 2022 promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for foster students and other students experiencing education instability. LEAs should review the Act 1 of 2022 Basic Education Circular to implement these requirements when students in foster care change schools.

Children in Foster Care Placed in Residential Facilities
Consistent with the Fostering Connections Act, “foster care” means 24-hour substitute care for children placed away from their parents or guardians, and for whom the child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions, and pre-adoptive homes. Children in foster care who reside in residential facilities must be afforded the same educational rights as children in any other type of foster care placement, including the right to remain in their school of origin.

While it may not always be feasible for students in foster care residing in residential facilities to remain in their school of origin, changes to educational placement/school attachment should only be determined through the BID process. A facility’s on-site school should never be presumed to be the default educational placement. 24 P.S. § 13-1306 entitles students living in residential facilities to attend the local public school district in which the facility is located unless a court order specifies otherwise. A child in foster care should be able to attend public school unless it is determined not to be in the child’s best interest through the individualized BID process.

Immediate Enrollment
If a determination is made that remaining in the school of origin is not in the child’s best interest, the enrolling LEA must ensure that a child in foster care is immediately enrolled in their new school and promptly provided with transportation even if the student does not have documentation required for enrollment. The enrolling school must contact and collaborate with the student’s prior school for relevant records. The placing CCYA should share appropriate education-related records as available with the enrolling school. LEAs should review and revise their policies and practices to remove any barriers to immediate enrollment and records transfer for their children in foster care.
If a determination is made that remaining in the school of origin is not in the child’s best interest, the enrolling LEA must ensure that a child in foster care is immediately enrolled in their new school and promptly provided with transportation even if the student does not have documentation required for enrollment. The enrolling school must contact and collaborate with the student’s prior school for relevant records. The placing CCYA should share appropriate education-related records as available with the enrolling school. LEAs should review and revise their policies and practices to remove any barriers to immediate enrollment and records transfer for their children in foster care.

Providing, Arranging, and Funding Transportation
Some children in foster care will need transportation to remain in their school of origin. It is essential that transportation is promptly secured to ensure that students do not miss school.  LEAs must collaborate with CCYAs to ensure that transportation for children in foster care is provided, arranged, and funded. LEAs are required to maintain a transportation plan(s) with CCYAs with which they work. LEAs may use a transportation plan template provided by PDE and DHS to complete their plan. Best practice recommends that LEAs review their transportation plan(s) with the CCYAs with which they work at least every three years or as needed to best meet the needs of students in foster care. New or revised plans should be submitted to [email protected].

Students in foster care requiring specialized transportation as outlined in an IEP must also be accommodated in accordance with IDEA and any other applicable laws.

For more information about the topics addressed in this PENN*LINK, please see pafostercare.org or email your questions to [email protected]. You also may contact Matthew Butensky, Pennsylvania’s State Education Agency Foster Care Point of Contact, at [email protected] or (717) 763-1661 ext. 171.

USDE and HHS Announce Proposed Rule Change and Accompanying Guidance for School-based Medicaid Billing (May 21, 2023)

On May 18, 2023, the U.S. Department of Education (USDE) and U.S. Department of Health and Human Services (HHS), made a joint announcement regarding a proposed rule and a much-anticipated guidance update for school-based Medicaid billing. The announcement said that the Biden Administration is “taking action to make it easier for schools to provide critical health care services, especially mental health services, for millions of students across the nation” through a more streamlined Medicaid billing permissions and reimbursement process for students with disabilities.

As a result, the USDE predicts that of the 500,000 new students who are found eligible under the Individuals with Disabilities Education Act (IDEA) Part B each year, nearly 300,000 are likely to be eligible for Medicaid and impacted by the new rule. In addition, HHS is issuing new guidance to make it easier for schools to bill Medicaid.

Specifically, the proposed rule recommends eliminating a provision in the IDEA that requires one-time parental consent before schools file first-time invoices for school-based specialized services for children eligible for public benefits under Medicaid, the Children’s Health Insurance Program (CHIP) or other public insurance and benefits programs. USDE is instead releasing a Notice of Proposed Rulemaking under IDEA that would streamline consent provisions when billing for Medicaid services provided through a student’s individualized education program (IEP). This would result in a uniform process applicable to all Medicaid enrolled children, regardless of disability. 

Importantly, the proposed changes do not alter any of the critical parental consent provisions required by IDEA nor do they impact the parental consent obligations under the Family Educational Records and Privacy Act (FERPA). Additionally, the proposed rule does not alter the requirement that IEP services must be delivered at no cost to the child’s family, the requirement that IEP services cannot diminish other Medicaid-reimbursable services, nor Medicaid’s position as payor of first resort for IEP and Individualized Family Service Plan services. Rather, this regulatory change would help cut unnecessary red tape that schools and districts face in billing Medicaid and meet their obligations to ensure students with disabilities receive a free, appropriate public education in accordance with their IEP.

The comment period for the proposed rule change in IDEA for parental consent for Medicaid billing ends August 1, 2023.

To view the announcement and access the Comprehensive Guide to Medicaid Services and Administrative Claiming – PDF, click here.

PA Members of Congress Intro Bipartisan Safe Interactions Act (May 20, 2023)

On May 18, 2023, three Pennsylvania members of Congress – Rep.Susan Wild, Rep. Brian Fitzpatrick, and Senator Bob Casey – teamed up to introduce the Safe Interactions Act – a bipartisan bill to improve interactions between law enforcement officers and people with disabilities and mental health needs. This legislation will provide enhanced trainings to our police officers on working with and communicating with those in crisis, to help make our communities safer.

The Safe Interactions Act would provide grants to enable non-profit disability organizations to develop training programs that support safe interactions between law enforcement officers and people with disabilities. The training would be directed to both new and veteran officers and would include people with disabilities in the training as instructors. It would also establish an advisory council, chaired by a person with a disability, to oversee the training program development and implementation.

The Washington Post database of police shootings estimates that at least 25 percent of shootings involve a person with a mental health disability, and a Ruderman Family Foundation report found that 33 to 50 percent of all use-of-force police incidents involve people with mental health disabilities – making the Safe Interactions Act a key step in addressing the disproportionate incidences of violence involving law enforcement and people with disabilities.

Reps. Wild and Fitzpatrick introduced the bill in the House and Sen. Casey introduced the bill in the Senate.

Click here to read more about this bill.

Gov. Shapiro Highlights Plans to Invest in MH Support for PA Students (May 19, 2023)

On May 17, 2023 Governor Josh Shapiro shared his plans to ensure that Pennsylvania students have access to mental health resources in schools during a visit to Hempfield Area High School in Westmoreland County, highlighting his Administration’s commitment to prioritizing mental health support so that Pennsylvanians have access to the resources they need and deserve.

In March, the Governor unveiled his budget proposal filled with solutions to the most pressing issues Pennsylvanians face – including the mental health crisis that students and families are grappling with all across the Commonwealth.

In Pennsylvania, over 40% of students reported symptoms of depression in 2021. In addition to his budget’s proposed investments to address this crisis, Governor Shapiro has directed Insurance Commissioner Mike Humphries to make mental health parity a reality in Pennsylvania by continuing to hold insurers accountable so that mental health benefits are covered fairly.

As Attorney General, Governor Shapiro started Safe2Say Something â€“ an anonymous tip reporting system for students that has seen over 100,000 tips – and his budget proposal aims to help ensure every PA student can receive the support they need.

To increase access and resources for every Pennsylvania student, Governor Shapiro’s budget includes:
-$500 million over the next five years so that schools can fund mental health counselors and services on site, prioritizing students’ mental health in addition to their physical health.
-$60 million annually to restore mental health funding to Pennsylvania counties, who provide critical community-based mental health services for residents.

In addition, on May 18, 2023 Governor Josh Shapiro hosted a National Governors Association (NGA) roundtable on youth mental health in Philadelphia with NGA Chair New Jersey Governor Phil Murphy, Delaware Governor John Carney, and frontline leaders in youth mental health care. Governor Shapiro is participating in this NGA initiative in collaboration with governors from across the nation to develop bipartisan solutions to address the growing youth mental health crisis.

Learn more about Governor Shapiro’s budget and plans to support Pennsylvanians’ mental health here.

USDE Announces Nearly $100 Million in Continued Support for Mental Health and Student Wellness Through Bipartisan Safer Communities Act (May 17, 2023)

On May 15, 2023, the US Department of Education (USDE) announced more than $95 million in awards across 35 states to increase access to school-based mental health services and strengthen the pipeline of mental health professionals in high-needs school districts. The awards were funded by the Bipartisan Safer Communities Act (BSCA), which President Biden signed into law on June 25, 2022, and they help advance the Administration’s efforts to tackle the mental health crisis in our schools as part of his National Mental Health Strategy.

The USDE has awarded $286 million across 264 grantees in 48 states and territories to boost the training, hiring, and diversification of mental health professionals through two grants – the School-Based Mental Health (SBMH) grant program and Mental Health Service Professional (MHSP) grant program – in President Biden’s Bipartisan Safer Communities Act. Grantees estimate that these funds collectively will prepare more than 14,000 new mental health professionals for America’s schools. A state-by-state breakdown of these projections is included below.

The most recent announcement of 93 additional MHSP awards, following the awarding of $46 million to 67 grantees in December 2022, means that the USDE will fund a total of 160 MHSP grantees across the country who will train and place thousands of diverse and certified mental health providers in schools with the most need. Nearly half (45 percent) of MHSP grantees proposed a partnership with a Minority Serving Institution, Historically Black College or University or Tribal College or University. In February 2023, the USDE also announced $141 million in SBMH grants, which supports school districts in hiring mental health professionals.

The USDE is also announcing up to $2.6 million in funding for a new Mental Health Personnel Technical Assistance Center to support MHSP and SBMH grantees in meeting the goals of their grant. This Center will help identify and develop resources both for SBMH and MHSP grantees to support grantees in addressing the social, emotional, and mental health needs of PK-12 students and staff. The Center will also provide support to the field more broadly – to grantees and beyond – by disseminating best practices in recruiting, training, placing, and retaining school-based mental health services providers.

These historic investments are made possible because of funds provided under BSCA. Over the next five years, the USDE will invest the remainder of the $1 billion provided by BSCA in mental health professionals for schools through the MHSP and SBMH programs, helping advance the President’s goal, as part of his Mental Health Strategy, to double the number of school counselors, social workers, and other school-based mental health professionals.

Last fall, the USDE announced the Stronger Connections Grant program, which provided awards totaling nearly $1 billion to 56 states and territories through BSCA to help schools in high-need districts provide students with safe and supportive learning opportunities and environments that are critical for their success.

At the beginning of the school year, the USDE sent a letter with U.S. Health and Human Services Secretary Xavier Becerra to governors across the country to highlight federal resources available to states and schools to invest in mental health services for students. The USDE also awarded $122 billion in American Rescue Plan Elementary and Secondary School Emergency Relief funds to help schools reopen and recover, and experts indicate more than $2 billion has been directed to hire more school psychologists, counselors, and other mental health professionals in K-12 schools. With the help of these funds, as of July, compared with the pre-pandemic period, the number of school social workers is up 48 percent, the number of school counselors is up 10 percent, the number of school nurses is up 42 percent, and the number of school psychologists is up 10 percent.