By Marsha Levick and Natane Eaddy, Juvenile Law Center
Vulnerable student populations, such as children and youth in the foster care system or the juvenile justice system, unfortunately suffer some of the poorest educational outcomes. But a new federal law, the Every Student Succeeds Act (ESSA), reauthorizes the Elementary and Secondary Education Act (ESEA) and holds significant promise for all students - especially for vulnerable student populations.
ESSA went into effect on December 10, 2016. It returns educational decision-making back to the states, requiring the development of accountability systems by local and state school districts in coordination with other child and youth-serving systems. While the law was designed to improve academic achievement by ensuring that all students have access to a well-rounded education, certain provisions of the law specifically focus on the needs of vulnerable student populations. The law explicitly provides federal funding to help states “establish or improve programs of education for neglected, delinquent, or at-risk children and youth.”
Among other things, the law emphasizes the need for school stability and data collection to improve educational policies and practices. It also enhances partnerships between the systems that address the needs of children and youth. Under the law, state educational agencies (SEAs) and child welfare/juvenile justice systems must work together to ensure students receive educational opportunities that best meet their needs.
Unlike many students who face little - if any – disruption in their education, students who are involved in the child welfare or juvenile justice systems often experience regular interruptions to their education. For instance, children and youth in foster care may live in several foster homes during their time in care, resulting in periodic school transfers. One student in foster care reported attending 11 schools since she entered care at the age of 6. Students have related that when they changed schools their records would not follow - including individualized education plans (IEPs) - or their credits were delayed. Prior to the enactment of ESSA, students would have to wait for their new school to receive their academic records from their previous school before they could enroll in classes. For some students, if their credits did not transfer or their records were incomplete, they were required to repeat subjects or were placed in classes without essential learning supports as recommended in their IEP. Such oversights resulted in needless delays in graduation or worse - students dropping out of school.
As demonstrated in a study conducted by the Southern Education Foundation, youth in the juvenile justice system tend to be chronically behind in school before entering and after exiting the system.[1] One student, whom we spoke to prior to ESSA’s implementation, reported that the school at her facility did not offer rigorous academic courses. She was behind academically when she exited the system and returned to her community for school. This student was fortunate enough to receive support from her community’s school, but so many others do not. Studies have shown that youth who exit the juvenile justice system without proper or adequate supports are likely to end up in the adult prison system, resulting in increased costs to taxpayers who foot the bill to support overlooked incarceration costs.[2]
ESSA specifically addresses the issues identified above by requiring states to implement and enforce plans that focus on school stability. For example, under ESSA, children and youth in foster care can remain in the same school even if they change foster homes, as long as remaining in their school of origin is determined to be within their best interest. Additionally, to prevent further disruption to academic achievement, ESSA tackles the issue of transportation. School districts and child welfare agencies must have a transportation plan in place that will respond to a student’s needs in traveling to and from school. For youth returning to their community from the juvenile justice system, ESSA requires that re-entry must be supported through the transfer of credits that youth earn in facilities, timely re-enrollment in appropriate educational placements, and opportunities to attain a regular high school diploma. Because youth may be involved in both the child welfare and juvenile justice systems, ESSA requires states to provide targeted services that keep youth who are involved with both systems on track educationally.
What we have learned over the years is that policy and practice changes require the collection and sharing of quality and accurate data. Prior to ESSA, data collection and sharing between systems working with the same group of children and youth was difficult to gather to address needs appropriately. With ESSA’s implementation, schools are required to collect, record, and disaggregate (or break down) the data to examine trends in student achievement and manage resources efficiently and effectively.
For too long, vulnerable students have been denied equal educational opportunities that are their right. ESSA has the potential to improve achievement and success for vulnerable students, especially for children and youth in the child welfare and juvenile justice systems. It is our collective responsibility to ensure that the next generation has educational opportunities at their disposal that prepares them for the future. ESSA appears to be taking the right step in that direction. For more information about ESSA, and the Legal Center For Foster Care and Education, please visit http://fostercareandeducation.org.
[1] Southern Education Foundation, Just Learning: The Imperative to Transform the Juvenile Justice System (2014), available at http://www.southerneducation.org/Our-Strategies/Research-and-Publications/Just-Learning.aspx
[2] Vera Institute of Justice, The Price of Prisons: What Incarceration Costs Taxpayers (2012), available at https://www.vera.org/publications/the-price-of-prisons-what-incarceration-costs-taxpayers