Identifying Obstacles and
Creating Solutions for
Successful Educational
Outcomes
March 10, 2014
Debora Torres, MSW
DCF Education Stability Liaison Field Coordinator
Office of Educational Support and Programs
Natasha Palmer
DOE Educational Program Development Specialist
Danielle Anderson-Thomas
DOE Coordinator
Education for Homeless Children and Youth Program Migrant Education Program
Dot Shelmet
DOE Planning Associate
Office of School Finance
Participants will:
 Gain
an understanding of the foundational elements of
the education stability laws and state mandates
 Increase awareness of the benefits of collaboration
and how it can positively impact the educational
outcomes of youth in foster care
 Understand the challenges to successfully
implementing federal and state education stability laws
 Understand the importance of fostering relationships
between different systems
 Over 3200 children were reunited with their families in
2013*.
 2 – 3 times more likely that children in placement receive
special education services.
 34% of 17-18 year olds in placement have experienced
more than 5 school changes.
 The average reading level of 17-18 year olds in placement is
7th grade.
 50% of children in placement complete high school by age
18.
*DCF leadership meeting 1.29.14
www.fostercareandeducation.org/NationalWork/National/WorkGroup.aspx/January2014
Education Provisions

Requires that each child receiving foster care, adoption, or KLG
payments be a full-time elementary or secondary school student,
unless unable to attend school due to a documented medical
condition. Documentation of enrollment and attendance is
required.

Requires that a child removed from home and placed in foster care
continue to attend the same school he/she was attending prior to
removal, if in the child’s best interest.

Requires immediate and appropriate placement in school, if
remaining in the same school is not in the child’s best interest.
New Jersey Educational Stability Law
Passed in September 2010

The presumption is that a child should remain
in the same school he/she attended prior to
placement (or change in placement) whenever
possible.

If remaining in the same school is not in the
child’s best interest, the case plan must provide
immediate and appropriate placement.
Children or youth who lack a fixed, regular, and
adequate nighttime residence, including those
awaiting foster care placement
 Once
a child is placed in a Resource Home, the CP&P
worker and supervisor have to make a best interest
determination within 5 days of the placement.
 The
CP&P case worker and supervisor should make
reasonable efforts to consult with the:
• Parent or guardian of the child
• Child regarding his/her feelings
• Child’s Law Guardian
• Teacher, guidance counselor or child study team representative
• School district being considered for placement
The “Best Interest Factors” are taken directly from New Jersey’s
Education Stability Law and should be considered by CP&P and the
court when making education placement decisions. These factors
include, but are not limited to:
1. Safety considerations, (concerns of parent access, bullying, etc.);
2. Proximity of the resource family home to the child’s present school
(no limit on distance, case by case considerations);
3. Age and grade level of the child as it relates to other factors;
4. Needs of the child, including social adjustment and wellbeing;
5. Child’s preference;
6. Child’s performance, continuity of education and
engagement in present school;
7. Child’s special education programming;
8. Point of time in the school year;
9. Child’s permanency goal and likelihood of reunification; and
10. Anticipated duration of current placement
N.J.A.C. 6A:17-2.6(b) – School District Enrollment
(b) The chief school administrator of the school district of origin or designee shall decide the
school district of enrollment of a homeless child based on what is determined to be in the
best interest of the child after considering:
1. To the extent feasible, enrollment of the homeless child in the school district of origin, except
when doing so is contrary to the wishes of the child's parent or guardian;
2. The continuity of the child's educational program;
3. The eligibility of the child for special instructional programs, including, but not limited to,
bilingual, gifted and talented, special education, early childhood and vocational programs;
and
4. The distance, travel time, and safety factors in coordinating transportation services from the
temporary residence to the school.
 The
placement decision is conclusive.
 Parent
notification letter to both parents with copy to
the Law Guardian (CP&P form 5-71). The notification
must include that the decision is final.
 School
notification letter (within 5 school days) to the
home school district and the resource home school
district (CP&P Form 5-72).
The Educational Stability Exception

An exception occurs when remaining in the present school is not in
the child’s best interest and there is a safety concern or a significant
detriment exists.

CP&P must notify the parent/guardian and Law Guardian in writing
within 2 business days of the child’s new school enrollment. Notice
must include the new school and reason for decision.

Notice of the decision to enroll the child in the new school must be
provided to both the current school and the new.
 Required
documents for registration are limited to:
• Foster/resource family parent identification letter or
other agency letter pursuant to N.J.A.C. 6A:22-4.1.
• Caregiver proof of residency:
• School districts must accept, as proof of a child’s address,
any combination of documents that establish residency,
including deeds, leases, mortgages, utility bills or other
documents (N.J.A.C. 6A:22-3.4).
CP&P 5-49
(rev. 4/2011)
RESOURCE FAMILY PAREN T IDEN TIFICATION LETTER
CON FID EN TIAL
For Official Use Only
Child :
Date of Birth:
CP&P CASE ID#:
MEDICAID #:
TO WHOM IT MAY CON CERN :
ON
TH E ABOVE N AMED CH ILD WAS PLACED IN THE DIVISION OF CH ILD PROTECTION & PERMAN EN CY
APPROVED RESOURCE FAMILY PAREN T H OME OF:
N AME:
ADDRESS:
TELEPH ON E N UMBER:
TH IS IS TO CERTIFY TH AT THIS RESOURCE FAMILY PAREN T IS AUTH ORIZED TO:

REGISTER TH E ABOVE N AMED CH ILD IN SCH OOL.

WORK IN COOPERATION WITH SCH OOL PERSON N EL IN TH EIR PROCESS OF DEVELOPIN G AN
APPROPRIATE EDUCATION AL PROGRAM FOR TH E CH ILD.

PRESEN T TH IS LETTER AS DOCUMEN TATION TH AT TH E ABOVE-N AMED CH ILD IS EN TITLED TO FREE
MEALS AT H IS OR H ER SCH OOL WITHOUT FURTH ER APPLICATION AS PER TH E FEDERAL H EALTH Y,
H UN GER-FREE KIDS ACT OF 2010, P.L. 111-296.

PROVIDE CON SEN T TO ROUTIN E MEDICAL/ DEN TAL/ THERAPEUTIC/ PH ARMACY SERVICES FOR TH E
CH ILD (WITH A VALID MEDICAID CARD), WH EN TH E PAREN T OR LEGAL GUARDIAN IS N OT
AVAILABLE.

PROVIDE CON SEN T TO EMERGEN CY MEDICAL CARE ON LY WHEN CP&P CAN N OT BE CON TACTED .
TH E PAREN T, LEGAL GUARDIAN OR CP&P PROVIDES CONSEN T FOR EMERGEN CY MEDICAL CARE.
TH E RESOURCE PAREN T MAY CON SEN T TO EMERGEN CY CARE ON LY WH EN IMMEDIATE CON SEN T IS
ESSEN TIAL AN D CP&P CAN NOT BE CONTACTED WITH IN TH E TIME AVAILABLE; CP&P MUST BE
N OTIFIED AS SOON AS POSSIBLE.

OBTAIN OTH ER SOCIAL SERVICES AS REQUIRED FOR TH E CH ILD.
N OTICE
AN Y IN DIVIDUAL WH O H AS QUESTION S ABOUT TH E
IDEN TITY OF TH E BEARER OF TH IS LETTER OR TH E
CH ILD WH OM H E/ SH E REPRESEN TS SH OULD
CON TACT TH E CP&P LOCAL OFFICE.
Local Phone #:
(After hou rs 877 N J ABUSE (877-652-2873)
or 800-792-8610; or TTY-TDD at 800-8355510)
_____________________________________________
Local Office Manager/ Designee Signatu re
Su bscribed and sw orn to before m e this
_______ d ay of _________________, 20__
_____________________________________________
Local Office Manager/ Designee N am e
____________________________________
(N otary Pu blic of N ew Jersey)
VALID FOR SIX MON THS FROM D ATE N OTARIZED
 School
districts must not delay or deny attendance
based on its non-receipt of:
• A certified copy of the child’s birth certificate or other proof of
identity. This is required within 30 days of initial enrollment
(N.J.A.C. 6A:22-4.1(g); N.J.S.A. 18A:36-25.1).
• Medical information, although attendance at school may be
deferred while awaiting immunization records (N.J.A.C. 6A:224.1(h); N.J.A.C. 8:57-4).
• The child’s prior educational record pursuant to N.J.A.C.
6A:22-4.1(i).
6A:17-2.6(a) - School district enrollment
(a) The chief school administrator of the school district of origin or designee shall decide in
which school district the homeless child shall be enrolled as follows:
1. To the extent feasible, enroll the homeless child in the school of origin except when
doing so is contrary to the wishes of the homeless child's parent or guardian;
2. To continue the homeless child's education in the school district of last attendance if
the school district of last attendance is not the school district of origin; or
3. To enroll the homeless child in the school district where the child is temporarily living.
 Under
the New Jersey Education Stability Law all children
placed by a state agency in a resource home will charge
cost of busing and education to the district of residence.
This is defined as the district where the parent or guardian
resides.
 When
a child moves from one foster home to another, a
new best interest determination is completed and the
School Notification Letter is sent, but the fiscal
responsibility of transportation and education remains with
the school district where the parent(s) reside.
 The
CP&P local office is responsible for transporting the
child to and from school during the 5 days before the best
interest decision and the 5 school days after the decision is
made.
 The CP&P caseworker or liaison must contact the school
district in the parent’s district of residence to request bus
transportation for the child.
 The school district in the parent’s district of residence has
the responsibility of arranging and funding the
transportation on the 6th school day, after the school
receives the notification letter from CP&P.
 If
the parent or Law Guardian decide not to appeal
and file application to the court, CP&P’s decision is
final.
 The
local office or resource parent must immediately
enrolled the child in the resource parent’s school
district.
 CP&P
again is responsible for 5 school days of
transportation until the school district’s bus
transportation is arranged.
REGULAR PUBLIC AND VOCATIONAL SCHOOLS
Distance:
No limit
Cost:
No limit
NONPUBLIC SCHOOLS
Distance:
20 miles (in most cases)
Cost:
$884 per student per year
CHARTER SCHOOLS
Distance:
Cost:
CHOICE SCHOOLS
Distance:
Cost:
20 miles, if student lives outside district or region of charter school
$884, if student lives outside of district or region of charter school
20 miles
$884 per student per year
SPECIAL EDUCATION
Distance:
No limit
Cost:
No limit

DISTRICT OWNED TRANSPORTATION
VEHICLES
Districts may purchase or lease
vehicles. A district
coordinator/supervisor then routes,
schedules and coordinates all
transportation.

COORDINATED TRANSPORTATION
SERVICES AGENCIES
Coordinated transportation services
agencies (CTSAs) may provide or offer
transportation for school students
under agreements with participating
districts.

CONTRACTED TRANSPORTATION
The board of education hires a
contractor to transport students in
accordance with their contract
specifications.

COMMON CARRIER
A common carrier is a public bus, train
or airplane which travels on a preset
franchised route and schedule,
approved by the state or federal
departments of transportation.

JOINT TRANSPORTATION
This is an agreement between two or
more districts to provide for the
transportation of students to and from
school within or outside the district.

TAXI
A taxi, which has been inspected by the
New Jersey Motor Vehicle Commission
for school use, may be used to
transport students to and from school.
N.J.S.A. 18A:38-1(d) instructs that any student
whose parent or guardian is not domiciled in a
district (e.g. because he or she is homeless), but has
had his or her all-year-round dwelling place in the
district for at least one year, shall be deemed
domiciled in the district for the purpose of N.J.S.A.
18A:38-1, which entitles a student to a free public
education in the district of domicile.
 The
parent’s district of residence is financially
responsible for child study services.
 DCF
staff cannot sign IEPs in place of parent.
 There
is a difference between a parent losing custody
and losing their parental rights to make decisions
regarding education.
 If
parents are unable to be located, school districts
must identify a surrogate.
A
worker should immediately complete a CP&P 25-65
District of Determination when the following
circumstances on a child exist:
• CP&P has been awarded guardianship of the child.
• Parent(s) reside out of state.
• Parent(s) is deceased.
• Parents whereabouts are unknown, (after a legal search).
• Parent(s) reside in a state facility(i.e. prison, treatment
program, long term hospital stay, etc.).
• If a school district disputes responsibility.
Robert turns 18 during his junior year of school. Which
district is fiscally responsible for his senior year?
Michele is living in a district where preschool is free but
moving into a district that does not provide free
preschool. Is Michele still entitled to free preschool?
Sam is awaiting placement into a resource family home
and is currently living in a shelter. Does the New Jersey
Education Stability Law apply or the McKinney-Vento
Law?
Susan’s mom moves during the middle of the school
year. Which district is fiscally responsible for her?
 It’s
very important that the CP&P and the child’s school
work together as partners in the child’s best interest.
Workers are expected to notify the school when:
• A child returns to their birth family or guardian
• CP&P terminates involvement with child
• CP&P is awarded guardianship of a child
• Child is placed in a residential center or treatment home
• Parents move to a new town
• Parents become homeless
• Child changes resource home placements so that transportation
providers can be notified

DCF
Debora Torres, Education Stability
Field Coordinator 609-888-7379
Debora.Torres@dcf.state.nj.us

Colleen Otremsky, Education Support
Specialist 609-888-7158
Colleen.Otremsky@dcf.state.nj.us

Michele Safrin, Administrator 609888-7375
Michele.Safrin@dcf.state.nj.us
http://www.nj.gov/dcf/families/educa
tional/stability/

DOE
Danielle Anderson-Thomas,
Coordinator Education for Homeless
Children and Youth Program Migrant
Education Program 609 984-4974
Danielle.andersonThomas@doe.state.nj.us
http://www.state.nj.us/education/stu
dents/safety/edservices/stability/

Office of School Finance
(609) 984-5757
student.trans@doe.state.nj.us
http://www.nj.gov/education/financ
e/transportation/