Ensuring Educational Stability for
Students in Foster Care: Our
Shared Responsibility
Mindy Kukich, MSW
Project Specialist, Foster Youth and Homeless Education Services
Student Support Services
Student Services & Programs
San Diego County Office of Education
Learning Objectives
Understanding:
Foster Youth Services programs
Laws that protect students in foster care
The legal obligation of all stakeholders
Recent legislative changes
San Diego County Office of Education
Foster Youth Services Programs
Education Code Sections 42920-42925
Provide support services to foster children who suffer the
traumatic effects of displacement from family and schools
and multiple placements in foster care.
Services are designed to improve the children's
educational performance and personal achievement,
directly benefiting them as well as providing long-range
cost savings to the state.
California Department of Education
San Diego County Office of Education
Barriers to educational success
Historically, constant placement and school changes have had a detrimental
impact on the ability of foster youth to succeed. Funded by the Stuart Foundation,
West Ed recently released At Greater Risk (Frerer, Sosenko & Henke, 2013). This
report found that:
1.
About one-quarter of foster youth had a disability, in contrast to about one-tenth of
general population youth.
2.
One-third of foster youth were of African-American descent, compared with one-tenth
of general population students.
3.
More than half (56 percent) of foster youth were girls. In contrast, one-half of general
population youth were girls.
4.
Foster youth were more likely than general population youth to attend schools with low
performance ranks on California’s Academic Performance Index (API) and had lower
English-Language arts achievement.
5.
About one-half of foster youth attended schools in the bottom 30 percent of the school
performance distribution; two-fifths of general population youth attended such
schools.
San Diego County Office of Education
Barriers to educational success
1.
On the California Standards Test (CST) in English-Language arts, one-half
of foster youth scored in the lowest two out of five performance levels.
Among general population youth, one-quarter of students scored in the
lowest two performance levels.
2.
45% of foster youth completed high school, compared with 53% of
similarly disadvantaged youth and 79% of the general student population;
3.
43% of foster youth enrolled in community college, compared with 46%
of similarly disadvantaged youth and 59% of the general student
population;
4.
41% of the foster youth who enrolled in college remained enrolled in
community college for a second year, compared with 48% of similarly
disadvantaged youth and 62% of the general student population.
San Diego County Office of Education
Local Control Funding Formula &
inclusion of Students in Foster Care
California is the first state to include students in foster care as a subgroup in
their education accountability framework.
•School districts are required to develop and implement plans (Local Control
Accountability Plans-LCAPs) specifying how the district will improve the
educational outcomes of foster youth.
•County Offices of Education
• FYS is preserved as a categorical
• New State priorities for COE’s-EC 52066
•CDSS an CDE are required to share data and to inform school districts which of
their students are in foster care (WEEKLY)
•CDE is required to track and report the educational outcomes for students in
foster care.
San Diego County Office of Education
State Priorities under Local Control
Funding Formula (LCFF)
Adds additional responsibilities COE’s identified as State priorities:
EC 52066 (a) (10) (A)= EC 42921 (a) (1): Working with the county child welfare
agency to minimize changes in school placement.
EC 52066 (a) (10) (B) )= EC 42921 (a) (2): Providing education-related
information to the county child welfare agency to assist the county child welfare
agency in the delivery of services to foster children, including, but not limited
to, educational status and progress information that is required to be included
in court reports.
EC 52066 (a) (10) (C) )= EC 42921 (a) (3): Responding to requests from the
juvenile court for information and working with the juvenile court to ensure the
delivery and coordination of necessary educational services.
EC 52066 (a) (10) (D) )= EC 42921 (a) (4): Establishing a mechanism for the
efficient expeditious transfer of health and education records and the health
and education passport.
San Diego County Office of Education
Guiding principles of AB 490*
Everyone shares the duty to promote the educational progress of
children in out of home placements.
Mandates that educators, school personnel, social workers, probation
officers, caregivers, advocates, and juvenile court officers all work
together to serve the educational needs of children in foster care.
• In all cases, educational placement decisions must be made in the
best interests of the foster student.
*EC 48850(a)
San Diego County Office of Education
Guiding principles of AB 490 (cont’d)
For foster youth to meet state academic achievement
standards;
For youth to maintain stable school placements;
Placement of youth in least restrictive educational
programs; and
Access to the academic resources, services and
extracurricular and enrichment activities available to all
students.
EC 48850(a); WIC 16000(b)
San Diego County Office of Education
Let’s Talk about Stable School Placements…
The educational impact of a school change is
significant. Each time a student changes school:
 They can lose 4 to 6 months of academic
progress.
 They must adjust to different curricula,
expectations, friends & teachers.
 They suffer disruptions in valuable education
services.
San Diego County Office of Education
School Stability - School of Origin
Definition of “School of Origin”
School the student attended when permanently
housed, or
School in which the student was last enrolled.
School student attended within the past 15
months with which he/she is connected.
EC 48853.5(e)
San Diego County Office of Education
School Stability - School of Origin
At the initial detention or placement, or any
subsequent change in placement…the LEA shall
allow the foster child to continue his or her
education in the school of origin for the duration
of the jurisdiction of the court.
EC 48853.5 (d) (1) Amended in AB 1933 2010
San Diego County Office of Education
School Stability - School of Origin
If the jurisdiction of the court is terminated
prior to the end of an academic year, the
child shall be allowed to continue his or her
education in the school of origin for the
duration of the school year.
EC 48853.5 (d) (2) Amended in AB 1933 2010
San Diego County Office of Education
and more School Stability…
If a child is in high school, is reunified and
their case closes; they retain the right to
remain in their school of origin until
graduation.
EC 48853.5 Amended in SB 1563 (2012 )
San Diego County Office of Education
School Stability - School of Origin
To ensure that the child has the benefit of matriculating
with his or her peers in accordance with established
feeder patterns of school districts, if the child is
transitioning between school grade levels, the LEA shall
allow the child to continue in the school district of
origin in the same attendance area, or if the child is
transitioning to middle or high school, and the school
designated for matriculation is in a another school
district, to the school designated for matriculation in
that school district.
EC 48853.5 (d) (3) Amended in AB 1933 2010
San Diego County Office of Education
School Attendance and School of
Origin: District Responsibility
A pupil who is a foster child who remains in
his or her school of origin is deemed to
have met the residency requirements for
school attendance in that school district.
EC 48204 (a) (2) Amended in AB 1573 (2012)
San Diego County Office of Education
School Attendance and School of
Origin: District Responsibility
What does this mean?
 The school and district of origin is responsible for the
entire education of that pupil with one major
exception: Non Public schools.
 The school and district of origin is entitled to all
funds associated with that pupil’s education:
• IDEA
• Title I N&D
• ADA
San Diego County Office of Education
School Selection for Students
Students in foster care have the right to maintain stable
school placements
Educational placement decisions must be made in the
best interests of the child
In making out-of-home placements, the placing agency
must consider proximity to the child’s present school and
the impact the placement will have on the child’s
educational stability - WIC 16501.1
San Diego County Office of Education
School Selection Cont.
When a student in foster care is moved from one
foster home to another, the student has the right to
remain in his/her school of origin for as long as they are
under the jurisdiction of Juvenile Court , if it is in their
best interest to do so.
The person holding the educational rights and the
foster student, in consultation with the AB 490
educational liaison, determine whether it is in the
student’s best interest to remain in the school of
origin.
EC 48853.5
San Diego County Office of Education
School Selection Cont.
If the AB 490 educational liaison wishes to
recommend that it is not in the student’s best interest
to remain in the school of origin, the liaison must
provide the person with educational rights with a
written explanation.
If a dispute arises, the student has the right to remain
in the school of origin until the dispute is resolved or
until the end of the school year.
EC 48853.5
San Diego County Office of Education
AB 490 School District Foster and Homeless
Educational Liaison - EC 48853.5
County offices of education and school districts must have an
identified educational liaison for foster students who will:
Ensure checkout from school and proper school placement
(responsibility shared with placing agency)
Ensure IMMEDIATE enrollment of foster youth, even without
academic or medical records, immunization records, proof of
residency, school uniform, or fees/materials owed to prior school
Assist with timely transfer of grades, credits, and records when
students transfer schools
Complete school transfers within two business days
San Diego County Office of Education
Immediate Enrollment for Youth
in Foster Care
“Enroll” and “Enrollment” are defined to include
attending classes and participating fully in school
activities
Students in foster care must be immediately enrolled
No prior records are needed, but should be obtained by
the enrolling school as quickly as possible
This includes birth certificates, social security numbers,
immunization records, transcripts, and other records
EC 48853.5
San Diego County Office of Education
Credit Protection for All Students
“Each public school district and county office of education
shall accept for credit full or partial coursework satisfactorily
completed by a pupil while attending a public school, juvenile
court school, or nonpublic, nonsectarian school or agency.
The coursework shall be transferred by means of the
standard state transcript.” - EC 48645.5
 A State approved manual and policy has been created and
trainings will be occurring through out the State.
Partners include CDE, CDSS and CSBA
San Diego County Office of Education
Transportation for Students in
Foster Care
California Education Code does not contain funding provisions for
transportation for students in foster care.
◦ However, it neither requires nor precludes a district from providing transportation.
◦ If transportation is included as a “Related Service” on a student’s IEP, than LEA must
provide this service.
School districts and county welfare agencies must work together at the
local level to reach an agreement on transportation for foster youth
who remain in their school of origin.
CWS can assist in accessing additional funding under Fostering
Connections for transportation costs for foster parents (including FFA’s)
and kinship providers (Fostering Connections) .
SDCOE, FY&HES-ACF grant for transportation.
San Diego County Office of Education
Limitations of California Education
Code Sections:
Applies to school aged children only (K-12)
District run Pre-K
Does not trump waiting lists for:
◦ Magnet programs
◦ 6 to 6 programs
◦ Charter schools lotteries
◦ Neighborhood schools that are full
Does not pay for transportation
Does not supersede health and safety issues or school discipline
issues
Does not expedite IEP assessments
San Diego County Office of Education
CIF Eligibility for Students in
Foster Care
California Education Code requires that a foster child who
changes residences pursuant to a court order or decision
of a child welfare worker be immediately deemed to meet
all residency requirements for participation in
interscholastic sports or other extracurricular activities.
San Diego County Office of Education
School Discipline- AB 1909 (2012)
Suspensions:
Preceded by informal conference unless emergency
situation.
Generally allowed only when other means of correction
fail to bring about proper conduct.
Sometimes allowed upon first offense for certain acts.
No more than 5 consecutive school days.
No more than 20 school days per school year.
Can be extended when student is facing expulsion.
San Diego County Office of Education
Foster Children: Placement; Suspension &
Expulsion; Notifications (Amended) 48853.5 (c)
Requires the educational liaison (if designated by the superintendent of
the local educational agency) to notify the foster child's attorney and
the appropriate representative of the county child welfare agency of:
The meeting to discuss whether a student will be on an extended
suspension pending the governing board’s decision regarding expulsion.
An expulsion hearing, per EC § 48918.1, notice should be provided at
least 10 calendar days prior to the hearing.
The meeting of a student’s Individualized Education Program team to
make a manifestation determination regarding an act that does not
require an expulsion recommendation. Cal. Educ. Code § 48915.5(d).
-EC 48911(g) AB 1909 2012
San Diego County Office of Education
Juveniles: Educational Decisions &
Special Education-AB 2060 (2012)
Requires:
◦ The court, after limiting a parent's educational rights in
dependency or wardship proceedings, to determine if there is
a responsible adult who is a relative, non-relative extended
family member, or other adult known to the child and who is
available and willing to serve as the child's educational
representative before appointing an educational
representative or surrogate who is not known to the child.
San Diego County Office of Education
Juveniles: Educational Decisions cont’d
An appointed educational representative or surrogate
parent to:
◦ meet with the child,
◦ investigate the child's educational needs and whether those needs
are being met,
◦ and present recommendations to the court or attend court to
participate in any portion of a hearing that concerns the child's
education.
W&I Code 319 and 361 Amended in AB 2060 2012
San Diego County Office of Education
Pupils: Foster Children: Special
Education
Current law requires a pupil who is placed in a licensed
children' s institution or foster family home to attend
programs operated by the local educational agency unless:
the pupil is entitled to remain in his or her school of origin,
the pupil has an individualized education program
requiring placement elsewhere,
or the pupil's parent or guardian, or other person holding
the right to make educational decisions for the pupil,
determines that it is in the best interests of the pupil to be
placed in another educational program.
San Diego County Office of Education
Pupils: Foster Children: Special
Education–cont’d amended 48853. (a) (3)
Requires a written statement be provided to a LEA by a
parent, guardian, or educational rights holder if he/she
makes a determination that it is in the best interest of a
foster pupil to be placed in an educational program
other than a program operated by the LEA, as specified.
The written statement shall include:
San Diego County Office of Education
Pupils: Foster Children: Special
Education–cont’d
A declaration that the parent, guardian, or educational
rights holder is aware of all of the following:
A. The pupil has a right to attend a regular public school in the least
restrictive environment;
B. The alternate education program is a special education program, if
applicable;
C. The decision to unilaterally remove the pupil from the regular public
school and to place the pupil in an alternate education program may not
be financed by the LEA; and,
D. Any attempt to seek reimbursement for the alternate program will be at
the expense of the parent, guardian, or educational rights holder.
San Diego County Office of Education
Pupils: Foster Children: Special
Education–cont’d
Additional Provisions and clarifications:
•States that for purposes of ensuring a parent, guardian, or
other person holding the right to make educational decisions
for the pupil is aware of the information described above, the
LEA may provide him/her with that information in writing.
•Clarifies that a pupil with exceptional needs, including a pupil
residing in a LCI or foster family home shall not be referred to,
or placed in, a NPS unless his/her IEP specifies that the
placement is appropriate.
San Diego County Office of Education
Pupils: Foster Children: Special
Education–cont’d
Additional Provisions and clarifications:
•Prohibits an LCI from referring a pupil to, or placing a pupil
in, an NPS
•Stipulates that an LCI shall not, instead of may not, require
that a child be identified as an individual with exceptional
needs as a condition of admission or residency
EC 48853.3, 56155.7, 56157, 56342, 56366.9
SB 121 (2012 )
San Diego County Office of Education
Recent and New
Legislation
San Diego County Office of Education
AB-643 Public Schools: Pupil Records:
Confidentiality (Stone)- 2013
An act to amend Sections 49076 and 49077 of the Education
Code, relating to public schools.
This bill explicitly adds child welfare authorities to the
existing exceptions to the requirement for parental consent
for release of school records. It will align state law with the
recent (January 2013) changes to FERPA.
San Diego County Office of Education
High School Graduation: Local Requirements:
Foster Children (AB 167 (2010), Amended in AB 216
(2013):
State law:
•outlines a course of study a pupil is required to complete while in
grades 9 to 12, in order to receive a diploma of graduation.
•allows the governing board of a school district to adopt rules
specifying additional coursework requirements.
•requires a school district to exempt a pupil in foster care from all
coursework and other requirements of the district that are in
addition to the statewide coursework requirements if the pupil,
while he or she is in grade 11 or 12, transfers to the district from
another school district or between high schools within the district.
San Diego County Office of Education
AB 490 IMPLEMENTATION
AB 1806 (Bloom) Pupil services:
homeless children or youth.
Grants students who are homeless all of the entitlements
contained in AB 1909 SB 576 and AB 167/216
1. AB1909: Notice of pending expulsion/manifestation
determination
2. AB 576: Partial credit and course enrollment
3. AB 167/216: State minimum graduation requirements
San Diego County Office of Education
AB 2276 (Bocanegra D) Pupils: transfers
from juvenile court schools.
9/30/2014-A. CHAPTERED
Requires a pupil who has had contact with the
juvenile justice system to be immediately enrolled
in a public school, in accordance with specified
provisions.
Requires a county office of education and county
probation department to have a joint transition
planning policy that includes collaboration with
relevant local educational agencies relating to
pupils who are being released from juvenile court
schools.
San Diego County Office of Education
AB
1432 (Gatto D) Mandated child abuse reporting:
school employees: training. 9/29/2014-CHAPTERED
Requires the State Department of Education, in consultation with the
Office of Child Abuse Prevention in the State Department of Social
Services, to develop and disseminate information to all school districts,
county offices of education, state special schools and diagnostic centers
operated by the State Department of Education, and charter schools,
and their school personnel in California, regarding the detection and
reporting of child abuse, to provide statewide guidance on the
responsibilities of mandated reporters, and to develop appropriate
means of instructing school personnel in the detection of child abuse
and neglect and the proper action that school personnel should take in
suspected cases of child abuse and neglect.
San Diego County Office of Education
AB 1455 (Campos D) Pupils: bullying: counseling
services. 8/21/2014-CHAPTERED
Authorizes the superintendent of a school district,
the principal of a school, or the principal's designee
to refer a victim of, witness to, or other pupil
affected by, an act of bullying committed on or
after January 1, 2015, to the school counselor,
school psychologist, social worker, child welfare
attendance personnel, school nurse, or other
school support service personnel for case
management, counseling, and participation in a
restorative justice program, as appropriate.
San Diego County Office of Education
Questions?
San Diego County Office of Education