HB 126-FOSTER CARE/CINA/EDUCATION OF HOMELESS 10:08:46 AM CHAIR SEATON announced that the final order of business would be HOUSE BILL NO. 126, "An Act relating to continuing the secondary public education of a homeless student; relating to the purpose of certain laws as they relate to children; relating to tuition waivers, loans, and medical assistance for a child placed in out-of-home care by the state; relating to foster care; relating to children in need of aid; relating to foster care transition to independent living; and relating to juvenile programs and institutions." 10:09:09 AM REPRESENTATIVE LES GARA, Alaska State Legislature, availed himself to the committee. 10:09:42 AM CHAIR SEATON opened public testimony. 10:09:50 AM LAUREN RICE, Director of Public Affairs, Covenant House Alaska (CHA), stated support for HB 126 paraphrasing from a prepared statement, which read as follows [original punctuation provided]: Nearly 50% of CHA youth have been involved with the foster care system at some point in their lives. They arrive on our door step with a plastic bag full of a few belongings. Many of these youth survive for a few months after being released from care, but find at the young age of 18 they don't have the resources and life skills required to live completely independently on their own. After living traumatized lives, they are faced with a new trauma and a new set of dangers that homelessness presents. We know more today about what our foster care youth need than we have ever known in the past. Some of this is research based, some learned from hard, tragic lessons, but the vast majority of this information comes directly from the graduates of the foster care system. They've come back to us, as advocates for the new generation, telling us exactly what they needed, exactly what did not work and exactly how we can help fix the system. To fail to hear their crystal clear voices would be huge disservice to them as well as the little ones who are still navigating and coping with the foster care system. We know we can lesson trauma by ensuring our children may attend their home school despite foster care placement changes. Allowing youth to have consistency with their teachers and schoolmates when every other aspect of their life is uncertain is essential. We know monthly visits increase the likelihood that abuse and neglect do not go undetected. This is absolutely essential to keeping our kids safe. We know that our older youth, just like any other teen, need transitional assistance to make it safely to adulthood. This legislation is fundamentally about providing to our foster care youth the resources we would naturally provide to our own children. Few of us cut the cord when our kids turn 18 and refuse to assist with educational, occupational and housing needs. This bill ensures that while we cannot completely erase the trauma endured by foster care children, we can lesson it. We can actively take steps to help them in a responsible, reasonable fashion. CHA supports this bill and supports the ongoing conversation about improving the lives of Alaska's foster care youth. 10:14:25 AM CAROL COMEAU, Superintendent, Anchorage School District, stated support for the bill, with two areas of concern. First, she said, transportation may not be adequately addressed, and requires further definition. Then, directing attention to HB 126 [Version S], page 2, subsection (b), paragraph (2), she read: the superintendent of the school district makes a written finding that a waiver of the requirements is in the student's best academic interest and the finding is mailed to the school board and to the person in charge of children's services for the Department of Health and Social Services. MS. COMEAU rhetorically asked what the criteria will be and how the decision will be made. She offered to work with the bill sponsor on these concerns. 10:17:03 AM REPRESENTATIVE GARDNER said she shared the same concern, regarding paragraph (2), and pointed out that it has been addressed in an amendment before the committee. If adopted, the amendment will serve to delete that language. 10:18:14 AM REPRESENTATIVE GARA explained that the two amendments allay both of superintendant Comeau's concerns. Amendment 1 addresses the question, "What is [the] new process we're going to come up with to allow an exception if we think the child should move to a new school?" During the school year a foster child may change residences 5-15 times, and the effort is primarily to keep them in the same school. A measure should exist to allow the appropriate decision to be made. The McKinney-Vento [Homeless Education Assistance Improvement Act of 2001] is being incorporated into HB 126, and it provides the necessary standards. McKinney-Vento allows transportation support for a student to remain in the school of origin throughout the school year. The procedures under this act stipulate that the youth should be kept in the school of origin unless the youth, guardian, or parents represent the need to change. The Alaskan school system has already been using this procedure for the class of students who are covered; homeless, and those awaiting foster care. 10:20:18 AM CHAIR SEATON interjected a word of caution when incorporating federal law into state statute, and asked for further details. 10:20:35 AM REPRESENTATIVE GARA directed attention to HB 126 page 1, section 1, which incorporates the McKinney-Vento Act [lines 12-13], and said the goal of the section is this: Right now there's federal funding to keep children in the same school, with the exceptions that are in the federal statute .... There's a federal law that says, for children who are homeless, and ... foster children in emergency care, or awaiting foster care, ... there is federal funding to provide transportation to ... the ... school [of origin]. There has been a national movement in the foster care field to ... allow all foster youth, as they get bounced between placements, to stay in the same school, under the same standards. This legislation would ... provide funding to allow school districts to keep all foster youth, not just those awaiting foster care, but those also in foster care who get bounced between homes, in the same school. Rather than come up with a different state standard ... we're going to ... incorporate the standards that the school districts have already been using with McKinney-Vento, for those [children] who are already covered. REPRESENTATIVE GARA explained that this eliminates the need to generate new standards. It also eliminates the conflict of standards for determining eligibility of children awaiting, versus already in, foster care. He pointed out that there has been no indication that McKinney-Vento doesn't work. 10:22:41 AM CHAIR SEATON stated his concern for the scope of the McKinney- Vento Act, and asked what aspects would be adopted. REPRESENTATIVE GARA agreed that the Act is expansive, however, the bill only incorporates the language "that says funding available to keep children in the same school where appropriate." Section 1 expands the class of foster children, to include all foster children, who are eligible for transportation services. 10:23:49 AM REPRESENTATIVE GARDNER offered her understanding of the federal aspect being adopted. She said, currently, a student awaiting foster care placement is covered under McKinney-Vento, but once placed, they are no longer eligible and lose the transportation benefit; possibly necessitating a change of school. 10:24:48 AM REPRESENTATIVE KELLER asked about the recovery of transportation costs, and whether HB 126, incorporating McKinney-Vento, is the vehicle required to recuperate the $175,000, deficit that the Anchorage school district experienced. REPRESENTATIVE GARA explained that the foster youth transportation program experienced a shortfall of $175,000; a deficit paid by the Anchorage school district. MS. COMEAU interjected that the district used $175,000 from the district's general fund allocation. Although the youth met the federal criteria, additional funding was not received. The bill represents an expansion, and should be valid to recoup this year's deficit, she opined. 10:26:43 AM CHAIR SEATON recalled a competitive grant of $170,000 received by the state, and asked for comment. MS. COMEAU clarified that the district exceeded the general fund appropriation by $175,000, to pay transportation costs for these youth. She deferred to Mr. Jeans to explain the receipt and disbursement of the Title I funding, under which McKinney-Vento is allotted. CHAIR SEATON said this question would be reviewed at a future meeting. He then requested information on Amendment 2. 10:28:26 AM REPRESENTATIVE GARA explained that Amendment 2 funds the two non-state entity requirements established in HB 126. The first is the provision to keep children in the school of origin, as they are bounced between foster homes, and the second is a request for the university to provide financial assistance. The requirements of these provisions are contingent on receipt of legislative funding. If the legislature provides funding then the university and school districts must comply, but if not funded, the mandate ceases. CHAIR SEATON made a request for further information regarding financing procedures. 10:30:07 AM CHAIR SEATON stated that public testimony would remain open. Further, he noted that the amendments are extensive and said time will be allowed at the next hearing to consider the content. 10:30:14 AM