|
Legislative Update Regarding Foster
Parents, Parents and IDEA -- February
2010
The definition of "Parent" at 8 VAC
20-81-10 is broad and lengthy.
School staff also should be aware of
the requirements of Section
22.1-213.1 of the Code of Virginia,
which include requirements for
school divisions when relying on a
foster parent as a "parent" for
purposes of the IDEA or any other
purpose. The state statute provides
that the school division may only
rely on a foster parent in lieu of a
biological or adoptive parent if the
biological or adoptive parents are
not asserting their rights. The
state statute also requires the
school division to provide written
notice to the biological or adoptive
parents that a foster parent is
acting as a parent.
Va. Code Sections 22.1-213.1 (B) and
(C) state:
B. The biological or adoptive
parent, when attempting to act as
the parent pursuant to this section
and when more than one party is
qualified under subsection A to act
as a parent, must be presumed to be
the parent for purposes of this
section unless the biological or
adoptive parent has had their
residual parental rights and
responsibilities terminated pursuant
to § 16.1-277.01, 16.1-277.02, or
16.1-283 or a comparable law in
another state.
C. The local school division shall
provide written notice to the
biological or adoptive parents at
their last known address that a
foster parent is acting as the
parent pursuant to this section, and
the local school division is
entitled to rely upon the actions of
the foster parent pursuant to this
section until such time that the
biological or adoptive parent
attempts to act as the parent.
Federal Legislative Update
September 9, 2005
Myrna Mandlawitz
SSWAA Government Relations Specialist
Budget and Appropriations:
The Aftermath of Katrina
Congress has returned from its August
recess to a serious amount of work,
exacerbated by the horrific aftermath of
Hurricane Katrina. Originally they were
set to work on a reconciliation bill.
Reconciliation is a process by which
congressional committees are given
instructions to cut a certain amount
from the budgets of the agencies in
their jurisdictions in order to meet the
overall budget amount. This is
accomplished through cuts in mandatory,
or entitlement, programs, such as
Medicaid and student loan programs.
With the pressing needs of the victims
of the hurricane, cutting these programs
has been put on hold, especially since
these are some of the very programs that
might help dislocated residents to get
back on their feet and continue some
semblance of a normalcy.
As you can imagine, it would also be
politically risky for members of
Congress to attempt to cut these
programs right now. Instead, Congress
has been focused on passing supplemental
spending bills specifically targeted at
providing more money for the Federal
Emergency Management Agency, the Army
Corps of Engineers, and the Department
of Defense.
Another supplemental spending bill is
expected next week that will focus on
education. The American Association of
School Administrators (AASA),
representing the local school district
superintendents is requesting that
Congress pass a $12.4 billion package
that would include money for
reconstruction efforts, a per pupil
amount for students displaced and
enrolled in other school districts,
specific funds for students with
disabilities, and money for
administrative costs. AASA estimates
that, at a minimum, 250,000 children
have been affected. Forty percent of
the students in the region were enrolled
in private schools (mostly parochial
schools in Louisiana), and most of those
students will now be attending public
schools, increasing the need of the
receiving school districts.
Higher education institutions have also
been heavily impacted. Congress is
working on legislation to waive
repayments of Pell Grants and other
student loan payments. The Department
of Education is working on relaxing
requirements, as well. Higher education
organizations are requesting changes in
disaster relief for private colleges and
universities, which currently are not
covered under laws that provide funds
for reconstruction. Historically Black
Colleges and Universities (HBCUs) are
also requesting a series of fixes,
specially targeted at ensuring that
students can return to those
institutions as soon as possible. HBCUs
generally do not have the large
endowments that other private
institutions have and rely mainly on
tuition for financing. If students do
not return, this could seriously impact
whether or not the institutions can
remain viable.
Other Appropriations News
While all of this is going on, Congress
has not passed its appropriations –
spending bills – for the next federal
fiscal year which begins on October 1,
2005. That money will fund school year
2006-07. The bills they were working on
before the August recess were woefully
inadequate and cut or froze funding for
a number of education programs. SSWAA
is involved in the Committee for
Education Funding (CEF), a coalition of
over 100 education organizations
dedicated to increasing the federal
investment in education. CEF is holding
a "Billion Dollar Bake Sale" this month
on Capitol Hill to highlight the need
for more money for education. Coalition
members will be rallying near the
Capitol and holding a mock bake sale
(with real food!) and then heading to
the congressional offices to talk to
staff about the pressing needs of
education – pre-kindergarten to adult
education.
SSWAA was very pleased that, through its
own intensive lobbying in coalition with
its partners from the school counseling
and school psychology organizations, the
Elementary and Secondary School
Counseling Program (ESSCP) was saved
from the chopping block. The ESSCP is
the only federal grant program that
provides funds to local school districts
to hire school social workers, school
counselors and school psychologists.
Although the Senate Appropriations
Committee has recommended the program
receive a funding increase, it is most
likely that it will be held to last
year's funding level.
Other Legislation
SSWAA is working on a number of pieces
of legislation. Senators Kennedy (D-MA)
and Domenici (R-NM) are considering
introduction of a new bill in early fall
that would address the need for more
school-based mental health services.
The bill is in its early stages of
development, and SSWAA is integrally
involved in this process. The bill
would amend the Public Health Service
Act and require better collaboration
between school-based and community
mental health providers. SSWAA will
provide details as the bill is
finalized.
The SSWAA Board is also looking at
another piece of legislation that has
already been introduced – the Children's
Safety Act (H.R. 3132). The bill
focuses on juvenile sex offenders, ages
13 and older, who perpetrate crimes
against juvenile victims. It includes a
sex offender registry and would
basically require that a juvenile
offender be on the registry for life.
Advocates are concerned that the bill
does not address the role that
adolescent behavioral, emotional or
developmental problems (or prior sexual
abuse experienced by that child) can
often play in sexually inappropriate
behavior. The bill provides only a very
narrow exception from the registration
requirement, limited to consensual
situations involving individuals whose
victims were at least 13 years old, and
who were no more than 4 years older than
the victim. Again, SSWAA will be
examining the bill language and working
with our partner mental health and
education organizations.
IDEA Regulations
The Individuals with Disabilities
Education Act (IDEA) was reauthorized
last December, making some fairly
significant changes to the law. The
Department of Education solicited
comments over the summer on proposed
regulations to implement these changes.
SSWAA submitted comments and also signed
on to other comments from the Consortium
for Citizens with Disabilities and the
National Alliance of Pupil Services
Organizations. The Department expects
to issue the final regulations in
December 2005. |
