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As the United States continues to be a nation of immigrants and their children, the nation's school systems face increased enrollments of students whose primary language is not English. With the 2001 reauthorization of the Elementary and Secondary Education Act (ESEA) in the No Child Left Behind Act (NCLB), the allocation of federal funds for programs to assist these students to be proficient in English became formula-based: 80 percent on the basis of the population of children with limited English proficiency1 and 20 percent on the basis of the population of recently immigrated children and youth. Title III of NCLB directs the U.S. Department of Education to allocate funds on the basis of the more accurate of two allowable data sources: the number of students reported to the federal government by each state education agency or data from the American Community Survey (ACS). The department determined that the ACS estimates are more accurate, and since 2005, those data have been basis for the federal distribution of Title III funds. Subsequently, analyses of the two data sources have raised concerns about that decision, especially because the two allowable data sources would allocate quite different amounts to the states. In addition, while shortcomings were noted in the data provided by the states, the ACS estimates were shown to fluctuate between years, causing concern among the states about the unpredictability and unevenness of program funding. In this context, the U.S. Department of Education commissioned the National Research Council to address the accuracy of the estimates from the two data sources and the factors that influence the estimates. The resulting book also considers means of increasing the accuracy of the data sources or alternative data sources that could be used for allocation purposes.
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. As the U.S. Constitution has been interpreted, states bear the primary responsibility for ensuring the welfare of children and their families. In recent years, Congress has annually appropriated between $7.6 billion and $8.7 billion in federal support dedicated to child welfare purposes. Nearly all of those dollars (97%) were provided to state, tribal, or territorial child welfare agencies (via formula grants or as federal reimbursement for a part of all eligible program costs). Federal involvement in state administration of child welfare activities is primarily tied to this financial assistance. The remaining federal child welfare dollars (3%) are provided to a variety of eligible public or private entities, primarily on a competitive basis, and support research, evaluation, technical assistance, and demonstration projects to expand knowledge of, and improve, child welfare practice and policy. At the federal level, child welfare programs are primarily administered by the Children's Bureau, which is an agency within the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS). However, three competitive grant programs (authorized by the Victims of Child Abuse Act) are administered by the Office of Justice Programs (OJP) within the Department of Justice (DOJ). Federal child welfare support is provided via multiple programs, the largest of which are included in the Social Security Act. Title IV-B of the Social Security Act primarily authorizes funding to states, territories, and tribes to support their provision of a broad range of child welfare-related services to children and their families. Title IV-E of the Social Security Act entitles states to federal reimbursement for a part of the cost of providing foster care, adoption assistance, and (in states electing to provide this kind of support) kinship guardianship assistance on behalf of each child who meets federal eligibility criteria. Title IV-E also authorizes funding to support services to youth who "age out" of foster care, or are expected to age out without placement in a permanent family. Legislation concerning programs authorized in Title IV-B and Title IV-E, which represents the very large majority of federal child welfare dollars, is handled in Congress by the House Committee on Ways and Means and the Senate Finance Committee. Additional federal support for child welfare purposes, including research and demonstration funding, is authorized or otherwise supported in the Child Abuse Prevention and Treatment Act (CAPTA) and the Adoption Opportunities program. Further, the Victims of Child Abuse Act authorizes competitive grant funding to support Children's Advocacy Centers, Court Appointed Special Advocates, and Child Abuse Training for Judicial Personnel and Practitioners. Authorizing legislation for these programs originated with the House and Senate Judiciary committees. Each child welfare program that receives discretionary funding is funded through April 28, 2017 at about 99.8% of the funding provided for each of the programs in FY2016. For child welfare programs receiving mandatory funding, the continuing resolution makes funding available at the rate needed to maintain the current law program, under the authority and conditions provided in the FY2016 appropriations act. While the continuing resolution allows federal funds to be awarded, until a final appropriations bill is enacted, the total amount of FY2017 funding that will be made available for a given program remains unknown and may be less (or more) than the annualized amount provided in the continuing resolution.