School ReadinessSub-Committee Meeting

May 3, 2011

1

Agenda for Today’s Call

• Charge to sub-committee – Review relevant federal and state law

• What is the relevant federal and state law?• What policy has been developed as a result of

this law?• What is happening in practice?• What changes need to be made to law, policy,

and practice?

2

Adoption and Safe Families Act of 1997

• Framework for child welfare policy and practice

• Health and safety of children in foster care “paramount” concerns in every child protective proceeding

• Strengthens court’s role in monitoring cases• Tightens timeframes for making decisions

about permanency

3

Women, Infants and Children (WIC) Program

• WIC provides Federal grants to States for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk

• Established by Child Nutrition Act of 1966• Administered in TX by DSHS

4

WIC in TX

• Who is eligible and who can apply?– Pregnant women – Women who are breastfeeding a baby under 1 year of age – Women who have had a baby in the past six months – Parents, step-parents, guardians, and foster parents of infants and

children under the age of 5 can apply for their children

• http://www.dshs.state.tx.us/wichd/default.shtm• TX Administrative Code, Title 25, Part 1, Chapter 31,

Subchapter C, Rule 31.22

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Affordable Care Act – Maternal, Infant and Early Childhood Home Visiting Program

• Authorized creation of home visiting program for young children and their families in targeted, at risk communities‐

• Administered by the ACF and the Health Resources Service Administration (HRSA)• Designed to strengthen and improve home visiting programs, improve early

childhood service coordination and delivery for families in at-risk communities, and identify and provide comprehensive evidence based home visiting services to ‐serve these children and families effectively

• Among priority populations -- “eligible families that have a history of child abuse or neglect or have had interactions with child welfare services” (Section 511(d)(4)(D) of the Social Security Act, as amended by the ACA)

• http://www.hrsa.gov/grants/manage/homevisiting/

6

Home Visitation Programs in TX

• Statewide needs assessment released in September 2010 by DSHS

• Existing program models include: Avance, Nurse-Family Partnership, Family Connections, Parents as Teachers, Nurturing Parent Program, Strengthening Families, Healthy Families America

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Texas Nurse-Family Partnership (TNFP)

• TX Government Code §531.451 et seq.• Grant administered by HHSC• TNFP pair registered nurses with low-income, first-time mothers to

improve prenatal care and provide one-on-one child development education and counseling

• In program, women enrolled early in second trimester of their pregnancy (by the 28th week of pregnancy), and nurse begins visiting them

• Visits, which usually take place in the family’s home, continue throughout woman’s pregnancy and until her child is 2 years old

• Nurses provide support, education and counseling on health, parenting, developmental issues and life skills

• http://www.hhsc.state.tx.us/Programs/NurseFamily/index.shtml#about

8

TX Family Code §264.1075 – Assessing Needs of Child

• (a) On removing a child from child’s home, DFPS shall use assessment services provided by a child-care facility, a child-placing agency, or the child’s medical home during the initial substitute care placement. The assessment may be used to determine the most appropriate placement for the child, if needed.

• (b) As soon as possible after child begins receiving foster care, DFPS shall assess whether the child has a developmental disability or mental retardation. [HHSC] shall establish procedures that DFPS must use in making an assessment. Procedures may include screening or participation by:– (1) a person who has experience in childhood developmental

disabilities or mental retardation;– (2) a local mental retardation authority; or– (3) a provider in a county with a local child welfare board.

9

Star Health Program – TX Family Code §266.003

• Managed care for youth in substitute care• Overseen by HHSC; administered by Superior Health Plan Network• Benefits include:

– Preventive Health which includes regular checkups and immunizations, office visits, visits to the dentist and visits for eye checkups

– Behavioral Health Care including emotional, behavioral or developmental health care services

– Hospital coverage including inpatient services such as hospitalizations and surgeries– Prescriptions and medical supplies which includes medications prescribed by a

physician and medical supplies such as glucose strips and bandages– Telemedicine including consultations and assessments done by a provider using

teleconference capability– Health Passport collects key Member health information and stores it in a secure

website. Medical Consenters, health care providers, DFPS caseworkers and some people who work for STAR Health may have access to the information.

10

EPSDT Provisions of Medicaid

• Sets forth regulations relating to delivery of comprehensive health services to all children eligible for Medicaid, including children in foster care

• EPSDT = Early and Periodic Screening, Diagnosis and Treatment

• Known as Texas Health Steps – must be done within 30 days of removal of child from home

• For child under 36 months, subsequent exams done according to Texas Health Steps Periodicity Schedule

• http://www.tmhp.com/HTMLmanuals/TMPPM/2010/2010TMPPM-19-327.html

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TX Family Code §266.004 -- Medical Consent

• Court may authorize following persons to consent to medical care of foster child:– Person named in court order, including foster or

bio parent, if parental rights not terminated and court finds in child's best interest to allow parent to make medical decisions on behalf of child OR

– DFPS (must file name of person with duty to provide consent with court w/in 5 days)

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TX Family Code §264.1071

• Placement for Children under Age 2 – DFPS shall:– Ensure child placed with person who will provide

safe and emotionally stable environment for child– Give priority to person who will be able to provide

care for child without disruption until child returned to parents or DFPS makes permanent placement for child

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Child Care Subsidy• Children who are in need of “protective services,” as defined by the State

or Territory, are categorically eligible for Child Care Development Fund (CCDF) subsidy receipt at the discretion of the State or Territory (45 CFR 98.20(a)(3)(ii)). CCDF Lead Agencies may prioritize child care subsidies for children in protective services, and indeed have initiated innovative partnerships to meet the needs of this population

• Subsidized child care are programs that pay all or part of a child's care based on eligibility guidelines. Subsidy programs in Texas are not regulated by Texas Department of Family and Protective Services; the Texas Workforce Commission gives the authority to 28 Local Workforce Development Boards (LWDBs) to determine eligibility limits and reimbursement rates

• Second Priority Group (served subject to the availability of funds): children who need to receive protective services child care, children of a qualified veteran or qualified spouse, children of a foster youth, children of teen parents, and children with disabilities

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Day Care for Children in Foster Care

• Use of Title IV-E Funds -- Title IV-E agencies may claim reimbursement for daily supervision and allowable licensed child care costs for children in foster care, provided either to the foster parent or the child care provider. Title IV-E foster care maintenance payments may also be used to cover costs of foster parent activities that extend beyond the scope of ordinary parental duties, such as attending a court hearing.

• See CPS Handbook, § 8235 et seq.: http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_8235.jsp#CPS_8235

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Foster Child Day Care• CPS Handbook § 8235.3 • A worker may authorize day care for a Title IV-E or Non-Title IV-E eligible

foster child when the child’s billing service level is Basic and the child is placed in a foster family or foster group home with foster parents who are employed full-time.

• Foster Child Day Care is limited to providing daily supervision only: 1. during the foster parents’ work hours; or 2. while the foster parents are attending:

– judicial reviews, – case conferences, or – foster parent training

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Kinship Child Day Care• CPS Handbook §8235.5 • A worker may authorize Kinship Child Day Care for a child in DFPS conservatorship who is placed with

kinship caregivers if: 1. CPS has an approved kinship home assessment on file (the caregivers are not verified or licensed

foster care providers); 2. the caregivers have signed Form 0695 Kinship Caregiver Agreement; and3. the caregivers are employed full-time.

• All eligibility requirements listed in 8235.51 Determining Eligibility must be met without exception. • Kinship Child Day Care is limited to providing daily supervision only:

– during the kinship caregivers’ work hours; or – while the kinship caregivers are attending: – judicial reviews, – case conferences, or – kinship caregiver training.

• As funding permits, DFPS provides: – full-time Kinship Child Day Care services during spring break and summer vacation for children who

attend school full-time; and– after-school day care for children in kinship placements.

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Early Intervention Program

• Part C of Individuals with Disabilities Education Act (IDEA)

• Early Intervention Services (EIS) • ECI administered in TX by the Department of

Assistive and Rehabilitative Services (DARS)• http://www.dars.state.tx.us/ecis/index.shtml

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Purpose of IDEA, Part C• Urgent and substantial need:

– To enhance development of infants and toddlers with disabilities, to minimize potential for developmental delay, and to recognize significant brain development that occurs in first 3 years of child’s life;

– To reduce educational costs to society, including nation’s schools, by minimizing need for special ed and related services after infants and toddlers with disabilities reach school age;

– To maximize potential for individuals with disabilities to live independently in society;

– To enhance capacity of families to meet the special needs of their infants and toddlers with disabilities; and

– To enhance capacity of State/local agencies and service providers to identify, evaluate, and meet needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.

Minimum State Components for EIS• Rigorous definition of term `developmental delay'• Appropriate early intervention services based on scientifically based research, to extent practicable, are available to all infants and

toddlers with disabilities and their families, including Indian and homeless infants and toddlers• Timely and comprehensive multidisciplinary evaluation of needs of children and family-directed identification of the needs of each

family• Individualized family service plan and service coordination• Comprehensive child find and referral system• Public awareness program including the preparation and dissemination of information to be given to parents, and disseminating

such information to parents• Central directory of services, resources, and research and demonstration projects• Comprehensive system of personnel development, including the training of paraprofessionals and the training of primary referral

sources• Policies and procedures to ensure that personnel are appropriately and adequately prepared and trained• Single line of authority in a lead agency designated or established by the governor for carrying out:

– 1. General administration and supervision– 2. Identification and coordination of all available resources– 3. Assignment of financial responsibility to the appropriate agencies– 4. Development of procedures to ensure that services are provided in a timely manner pending resolution of any disputes– 5. Resolution of intra- and interagency disputes– 6. Development of formal interagency agreements

• Policy pertaining to contracting or otherwise arranging for services, procedure for securing timely reimbursement of funds, and procedural safeguards

• System for compiling data on the early intervention system• State interagency coordinating council• Policies and procedures to ensure that to the maximum extent appropriate, early intervention services are provided in natural

environments except when early intervention cannot be achieved satisfactorily in a natural environment 20

Keeping Children and Families Safe Act of 2003

• Amended CAPTA• Requires each state develop “provisions and

procedures for referral of a child under age 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under Part C of IDEA

21

Early Childhood Intervention Programs in TX

• 40 TX Administrative Code Chapter 108, Division for Early Childhood Intervention Services

• ECI = statewide program for families with children, birth to three, with disabilities and developmental delays. ECI supports families to help their children reach their potential through developmental services. Services provided by a variety of local agencies and organizations across Texas.

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Eligibility • Developmental delay -- Children who are delayed in one or more of the following areas of development:

– Cognitive: difficulty with playing, learning and thinking – Motor: gross, fine and oral – Communication: limited understanding or responses in communicating with others – Social-emotional: attachment problems, limited parent/family interactions or behavior concerns – Self-help skills: feeding

• Atypical development -- Children who may perform within their appropriate age range on test instruments, but whose patterns of development are different from their peers. – Atypical sensory-motor development: muscle tone, reflex or postural reaction responses, oral-motor

skills and sensory integration – Atypical language or cognition: state regulation, attention span, perseveration, information

processing – Atypical emotional or social patterns: social responsiveness, affective development, attachment

patterns, and self-targeted behaviors • Medically diagnosed condition -- Children who have a medically diagnosed condition with a high

probability of developmental delay are automatically eligible for ECI services.• Children with auditory and/or vision concerns should be referred for eligibility determination.

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ECI Services may include:• Assistive Technology: Services & Devices • Audiology • Developmental Services • Early Identification, Screening & Assessment • Family Counseling • Family Education • Medical Services (diagnostic or evaluation services used to determine eligibility) • Nursing Services • Nutrition Services • Occupational Therapy • Physical Therapy • Psychological Services • Service Coordination • Social Work Services • Speech-Language Therapy • Vision Services

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Costs• The following services are provided at no cost regardless of income:

– Evaluation/assessment – Development of the Individual Family Service Plan (IFSP) – Service coordination – Translation and interpretation services, if needed – Services for children with auditory and visual impairments who are

eligible for services from ECI and local school districts – Services for children in foster care or in conservatorship of the state

• Families with children enrolled in Medicaid or CHIP, or another public benefit program listed in the Family Cost Share brochure whose income is below 250% of the Federal Poverty Level, do not pay for any ECI services. Other families pay a cost share determined by a sliding fee scale based on family size and net income after allowable deductions

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DFPS and DARS MOU – CPS Responsibilities• Refer all children under 3 to ECI for initial screening who meet at least 1 of

following:– Involved in substantiated case of abuse or neglect– Suspected to have disability or developmental delay– Born and identified as affected by illegal substance abuse or withdrawal

symptoms resulting from prenatal drug exposure• For children under 3 enrolled in Star Health, child’s PCP will complete initial

developmental screening. If screening indicates child has disability or developmental delay, PCP will refer to ECI

• CPS will inform families in advance that CPS making ECI referral• To extent known, DFPS will provide ECI contractors with child’s name, age,

location, info related to child’s physical, mental, emotional and developmental status, diagnosis, and info related to incidents that could have impacted developmental delay

• DFPS will provide ECI contractors with child’s pertinent medical info, including child’s most recent physical exam (depending on legal status of child)

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DFPS and DARS MOU – ECI Contractor Responsibilities

• For children not enrolled in Star Health, ECI contractors will offer initial developmental screenings for children referred by CPS to determine need for comprehensive evaluation. Contractor may conduct comprehensive evaluation without developmental screening. Parental consents are not waived

• For children enrolled in Star Health, ECI contractors will conduct comprehensive evaluations of children referred by PCPs as result of initial developmental screening, or referred directly by CPS worker in case of suspected developmental delay or disability, to determine eligibility for ECI services. If ECI parent or surrogate parent refuses consent, ECI contractor will immediately notify CPS worker. If ECI does not receive completed developmental screening from PCP, ECI contractor will offer developmental screening to determine need for comprehensive evaluation, or may, with parental consent, conduct comprehensive evaluation without a developmental screening

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DFPS and DARS MOU – Local Agreements

• CPS regional directors and designated CPS staff will collaborate with ECI contractors to develop and execute local agreements consistent with MOU that address areas of responsibility for each program, including:

• Identification of and contact information for liaison for CPS and ECI • Methods and timeframes for referrals, including use of CPS Referral to ECI form• Methods and frequency for follow-up• Processes, including methods and frequency, for regular, ongoing exchange of info

between agencies• Processes for screening (instrument, location, timing)• Ongoing training efforts for local staff• Procedures for informing appropriate DFPS staff if problems arise in obtaining

consent for child in DFPS conservatorship to receive early intervention services• Any additional provisions deemed appropriate to address local concerns or issues

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DFPS/ECI definition of “parent”

• For purposes of receiving notices, consenting to evaluations or services, or consenting to release of records, IDEA statutes define parent – includes bio, adoptive or foster parent; guardian, but not DFPS

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CAPTA Reauthorization in 2010• New 5 year reauthorization of the Child Abuse Prevention Act (CAPTA) -- ‐

The Keeping Children and Families Safe Act of 2003 (P.L. 108 36) ‐• Encourages Federal support of child protective services linkages with

developmental, mental health, early intervention, and health services related to the evaluation and treatment of maltreated children.

• As a result, CAPTA State grant eligibility is now tied to several State practices intended to promote access to services for at risk children. ‐Specifically, CAPTA requires Child Protective Services to refer all cases involving substantiated victims of child maltreatment under the age of 3 to Part C of the Federal Individuals with Disabilities Education Act (IDEA) to be evaluated for the receipt of early intervention services such as speech, language, and physical therapy; family counseling and home visits; medical care; nursing; and nutrition services.

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Child Find• With the assistance of the Texas Education Agency and the education service centers (ESC),

local education agencies (LEAs) must ensure that a free appropriate public education (FAPE) is provided to all individuals with disabilities, ages 3-21, who qualify for special education services. With the assistance of the Texas Education Agency, ESCs, and the Early Childhood Intervention (ECI) program, LEAs must ensure that early intervention services are made available for those children, ages 0-3, with an identified need.

• To carry out these responsibilities, LEAs must implement: a comprehensive system of "Child Find" in which the applicant agency personnel actively search for all individuals with disabilities or developmental delay who are 0-21 years of age. The applicant agency is responsible for identifying, locating, and evaluating all individuals 0-21 years of age, regardless of nature or severity of disability. Once a local education agency (LEA) or an program determines eligibility, all individuals 0-21 years of age, regardless of the severity of the disability or developmental delay, are served by either the LEA [3-21 years of age] in accordance with Texas Education Code §25.001 or an ECI program [0-3 years of age] (34 CFR §§300.128, 300.220, 300.300 Note 3; 34 CFR §§303.16, 303.321; and 19 TAC §89.1035).

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Early Head Start

• Federally funded, the Early Head Start (EHS) program is for low-income infants, toddlers, pregnant women and their families. EHS programs enhance children's physical, social, emotional, and intellectual development; assist pregnant women to access comprehensive prenatal and postpartum care; support parents' efforts to fulfill their parental roles; and help parents move toward self-sufficiency

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Head Start in TX• Texas Head Start Collaboration Office (THSSCO)

• Purpose to create partnerships that supports the development of multi-agency and public/private collaborative action to: – Assist in building early childhood systems and access to

comprehensive services and support for all low-income children. – Encourage widespread collaboration between Head Start and other

programs and services, including health care, education, family literacy, community services, services to children with disabilities and homeless children.

– Facilitate the involvement of Head Start in State policies, plans, processes and initiatives affecting the Head Start target population and other low-income families.

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Head Start Eligibility• Head Start and Early Head Start programs are free for all enrolled children

and families. Provided children meet age eligibility requirements, children in foster care are categorically eligible for Head Start and Early Head Start, regardless of family or foster family income (45 CFR 1305.2(l)). In communities where there are more eligible children than program enrollment slots, programs organize wait lists based on a set of selection criteria and make determinations about how vulnerable children (including foster children) will be prioritized for enrollment. Child welfare caseworkers can find Head Start and Early Head Start programs located in States, Tribes or Territories utilizing the directories available online at the Head Start Early Childhood Learning and Knowledge Center (ECLKC).

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Head Start State Advisory Councils• The Improving Head Start Act of 2007 established collaboration grants for

States to develop a State Advisory Council (SAC) on Early Childhood Education and Care to develop or enhance comprehensive early childhood systems, including and extending beyond Head Start. With broad membership that can span early childhood, family support, mental health, and child welfare, SACs are meant to coordinate the many systems serving young children and their families and create alignment among them. Ensuring enrollment in high quality early care and education programs and promoting program stability for children in or at risk of entering the child welfare system are appropriate areas of focus for SACs

• Texas Early Learning Council, located at Children’s Learning Institute

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ACF Information Memorandum

• Information Memorandum: Head Start and Child Welfare Partnerships: Partnering with Families Involved in the Child Welfare System. ACF IM HS 10 04 (July 28, 2010)‐ ‐ ‐ ‐

• The purpose is to reinforce the Head Start commitment to serving abused and neglected children through its grantees and delegate agencies and to provide guidance regarding promising practices in recruiting and serving families involved in the public child welfare system.

• http://www.acf.hhs.gov/programs/ohs/policy/im2010/acfimhs_10_04.html

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ACF memo, cont’d• Foster children are categorically eligible for Head Start and Early Head Start even if

the family income exceeds the income guidelines (45 CFR 1305.2(l)). OHS encourages Head Start/Early Head Start agencies to prioritize children in the public child welfare system when establishing selection criteria and selecting children and families for Head Start/Early Head Start services. While children whose custodial parents have an open case with the child welfare system but retain physical custody of their children are not categorically eligible for Head Start or Early Head Start, a program may prioritize these children for enrollment due to the level of risk and the needs of the family.

• Head Start/Early Head Start agencies must take an active role in community planning to encourage strong communication, cooperation and the sharing of information with community partners [45 CFR1304.41(a)]. Further, agencies must take affirmative steps to establish ongoing collaborative relationships with community organizations, and this includes child welfare agencies and service organizations [45 CFR 1304.41(a)(2)(vi-vi)].

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Head Start and Child Welfare Agencies Encouraged to Enter MOUs to, among other things:

• Review HS policies to prioritize enrollment of foster children and children with open child welfare cases and communicate policy to child welfare agency

• Jointly establish agreed-upon standardized referral process to HS/EHS programs by local and/or State child welfare office(s) to be used when making referrals of foster children and other eligible children with an open child welfare case

• Jointly establish agreed-upon screening protocol for HS/EHS families who are involved in child welfare system• Arrange cross-training opportunities with local child welfare agency staff to educate each other about HS/EHS

and child welfare services language, goals, objectives, policies and services offered• Arrange joint trainings on topics of mutual interest• Designate a Head Start/Early Head Start liaison to the child welfare community and/or consider co-locating staff

within your local child welfare agency• Hold joint case planning and/or service planning meetings with child welfare services professionals (in

accordance with agency protocols) • Partner with the local public child welfare agency director to send a letter to foster family agencies and foster

family social workers, foster parents and relative caregivers of age-eligible children: encouraging them to enroll their children in high quality early care and education programs; advising them that foster children are categorically eligible for services through Head Start and Early Head Start, while addressing appropriate expectations about waiting lists; explaining the comprehensive services available through Head Start and Early Head Start; alerting them that services are free; providing them with instructions about how to apply for Head Start and Early Head Start; and providing assistance to families in the completion of the enrollment application

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ACF Information Memorandum

• Information Memorandum: Child Welfare and Head Start Partnerships: Partnering with Families Involved in Head Start and Early Head Start Programs

• January 31, 2011• http://www.acf.hhs.gov/programs/cb/

laws_policies/policy/im/2011/im1101.htm

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January IM• On July 28, 2010, ACF-IM-HS-10-04 was sent to Head Start and Early Head

Start Grantees and Delegate Agencies to reinforce the Head Start commitment to serving abused and neglected children through its grantees and delegate agencies and to provide guidance regarding promising practices in recruiting and serving families involved in the public child welfare system.

• The purpose of this memorandum is to provide this information to State and local child welfare agencies and to reinforce the Children's Bureau commitment to supporting child welfare agencies' investment in partnerships with Head Start and Early Head Start agencies in order to improve young children's access to and continuity of comprehensive, high quality early care and education services.

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January IM• The Children's Bureau encourages collaboration as evidence of commitment to

and understanding of the importance of interagency collaboration at the Federal and State level to support families that come to the attention of the child welfare and other health and human services agencies. The Keeping Children and Families Safe Act of 2003, June 25, 2003 (P.L. 108-36 Child Abuse Prevention Treatment Act (CAPTA) as amended) encourages Federal support of Child Protective Services linkages with developmental, mental health, early intervention, and health services related to evaluation and treatment of maltreated children. As a result, CAPTA State grant eligibility is now tied to several State practices intended to access services for at-risk children. Specifically, CAPTA requires CPS to refer all cases involving substantiated victims of child maltreatment under the age of 3 to Part C of the Federal Individuals with Disabilities Education Act (IDEA) to be evaluated for the receipt of early intervention services such as speech, language, and physical therapy, family counseling and home visits, medical care, nursing and nutrition services.

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Early Childhood Education Programs in TX

• Public School Pre-K (public school districts and TEA)• Licensed child care centers (DFPS)• Texas School Ready! – formerly, Texas Early Education Model

(TEEM) pre-K programs (State Center for Early Childhood Development at UT Houston Health Science Center)

• Federal Head Start programs (U.S. ACF)• Texas Rising Star Child Care Programs (TX Workforce

Commission)• Nationally accredited child care programs (National

Association for the Education of Young Children – NAEYC)

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Public Pre-K Eligibility in TX*• TX Education Code §29.153(b)• To be eligible for enrollment in a prekindergarten class, a child must be at least three years of

age and: – is unable to speak and comprehend the English language; or – is educationally disadvantaged; or – is homeless, as defined by 42 U.S.C. Section 1143a, regardless of the residence of the

child, of either parent of the child, or of the child’s guardian or other person having lawful control of the child; or

– is the child of an active duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority; or

– is the child of a member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty; or

– is or ever has been in the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Section 262.201, Family Code

– *Unless otherwise noted, information regarding Pre-K courtesy of TEA website

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School District Pre-K Requirements

• A district shall offer prekindergarten classes if the district identifies 15 or more eligible children who are at least four years of age by September 1 of the current school year. A school district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at least three years of age.

• TX Education Code §29.153(a)

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Pre-K for 3 year olds?

• Are school districts required to serve three year old students who are eligible?

• No. A district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at least three years of age. A child who is three years old is eligible for prekindergarten only if the district operates a three-year-old prekindergarten program.

• TX Education Code §29.153(a)

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Can school districts offer half or full-day Pre-K programs?

• The state funds a half-day prekindergarten program.• Districts may use other federal, state and local sources,

including collaboration with local Head Start or licensed child care agencies to implement a full-day program or a program with wrap-around services.

• TX Education Code §§29.153(c), 29.1533, 29.158, 25.082(a)

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Can school districts charge tuition for children who qualify to attend prekindergarten?

• Yes. A school district may offer on a tuition basis or use district funds to provide half-day and full-day prekindergarten classes to ineligible children or to fund an additional half-day for eligible children.

• TX Education Code §§ 29.153(a) and 29.1531(a)(2)

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Can school districts keep “waiting lists” of eligible children who are not being served?

• No. It is a law that a school district must offer prekindergarten classes if a district identifies 15 or more children who are eligible and are at least four years of age by September 1 of the current school year. If the school district is unable to serve all eligible children, a waiver must be obtained for the number of eligible children not enrolled in the prekindergarten program. Every effort should be made to serve all eligible children before requesting a waiver.

• TX Education Code §29.153(a)

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Funding for Pre-K*• Pre-K Funding -- School districts are provided Foundation School Program funding to provide Pre-K

services, if the district has 15 or more 4 year old eligible children, but districts have other funding options• State Funding -- Texas funds half-day Pre-K programs through the Foundation School Program (FSP). FSP

funding is calculated and distributed on the basis of district-level average daily attendance aggregates. According to the Texas Education Agency (TEA) in fiscal year 2010, the ADA averaged $3,650 per eligible student totaling an estimated $702.5 million.

• Prekindergarten Early Start Grant -- School districts and open enrollment charter schools may apply to ‐TEA for the Prekindergarten Early Start Grant (previously called the Prekindergarten Expansion Grant). It is designed to allow districts to continue funding existing full-day Pre-K programs or establish new Pre-K programs at campuses that did not previously operate such programs. TEA data shows there were 263 Prekindergarten Early Start Grantees during the 2009-10.

• Community Funding -- Some districts have sought grants or joined forces with community partners to find funding to provide a full-day program; however, these districts still are only granted FSP funding for a half-day program for those students who qualify under Texas law.

• Tuition -- While districts may not charge eligible students to attend public school Pre-K, but they may charge tuition for students who do not qualify unless doing so interferes with serving students who are eligible for the program. School districts do not collect FSP funding for students who pay tuition, and may not adopt a tuition rate higher than necessary to cover the cost of providing the program, including any costs associated with collecting, reporting, and analyzing data.

• *From TASB Issue Paper Prekindergarten in Texas, August 2010: http://www.tasb.org/legislative/resources/documents/prek2010.pdf

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Education Passport – TX Family Code §266.008

• DFPS shall maintain passport as part of records as long as child remains in foster care

• Make available to person authorized to consent to medical care for foster child

• DFPS and HHSC shall collaborate with TEA to develop policies and procedures to ensure that needs of foster children met in every school district

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Texas School Ready Certification System

• TX Education Code § 29.161• Funded by GR• Evaluates the effectiveness of pre-K, Head Start, and

community-based child care programs in preparing children for kindergarten

• Data from SRCS is used in the process to determine kindergarten readiness

• Only early childhood quality rating system in the country linking prekindergarten activities in public school, Head Start, and community-based child care programs to kindergarten outcomes at the student level

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Fostering Connections Act of 2008• 2008’s Fostering Connections legislation includes provisions requiring

States to ensure that children taken into foster care or experiencing placement changes experience minimal disruption to their education. Unless it is in the best interest of the child to do otherwise, States are required to keep children in their schools of origin when bringing a child into custody or moving a child to a new foster care placement.

• While the legislation does not specifically address young children in early care and education settings, ACF believes that stability is just as important for these children. States are encouraged to keep young children in their early care and education programs when removing them from their homes, placing them, and reuniting them with their parents, regardless of when enrollment took place.

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Fostering Connections Act

• Information Memoranda and Program Instruction for Fostering Connections to Success and Increasing Adoptions Act of 2008: PI 10 11, IM 09 02, IM 08 03‐ ‐ ‐ ‐ ‐ ‐

• http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2010/pi1011.htm#secte

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