Recommended Action Plan
Report and Recommendations
from the Arkansas Committee
on Education Stability
September 2014
Introduction
In 2013, the Juvenile Division of the Administrative Offices of the Courts released a report
on research conducted by Connie Hickman Tanner, Director of Juvenile Courts, and Diane
Robinson, then a PhD student at University of Arkansas Medical School. The report looked
at educational stability and its impact on educational and permanency outcomes for youth
in foster care in Arkansas. The study’s findings are the results compiled from an analysis of
data obtained from three agency databases and a series of four focus groups. Data from the
Arkansas Supreme Court and Department of Human Services (DHS), child welfare agency,
were first matched with one another and then matched with data maintained by the
Arkansas Department of Education. Information was also collected from 143 judicial
stakeholders and 100 foster youth through focus groups.
The following is from the report:
Key findings from the study include that foster children and youth in dependencyneglect (DN) cases have 4.8 placement changes a year, more than double the
national standard. As a result, a majority of the students in dependency-neglect
cases change schools an average of 2.3 times per year. The impact of these school
changes is cumulative. Each school change results in an average decrease in GPA
of .093. The average GPA for these students is 2.13 and these students fall behind
other students in benchmark testing and are more likely to test below basic than
other students. This dramatically impacts the foster youths’ ability to graduate, with
only 23% of the students age 17 and above earning a high school diploma.
Instability also impacts the likelihood that youth/children will be placed in a
permanent placement in a timely manner.
The Arkansas Supreme Court Commission on Children, Youth and Families is
charged with identifying, recommending, implementing, and evaluating
improvements for courts to be more effective in achieving safety, permanency, and
well-being for children and youth and promoting data-driven and evidence-based
practices. This research is a crucial step in providing data to begin to assess
educational well-being and permanency outcomes for children and youth in foster
care. This data will be used to encourage local judicial, child welfare, and
educational leadership teams to develop local improvement plans to improve
placement and educational stability for these foster children and youth.
The research will also be used to educate stakeholders as to Arkansas’ efforts in
achieving educational continuity for foster children and youth, and instrumental in
providing evidence to help shape the dialogue toward improved policy and practice
decisions. This will require continued interagency and inter-branch collaboration
committed to improving the placement and educational outcomes of children and
youth in foster care, ongoing leadership, and a commitment to continue to share and
evaluate data and outcomes relevant to foster children and youth. A focused effort is
needed to guarantee that these children/youth have the educational stability as
required by law. Education stability correlates to these children/youth’s educational
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and permanency outcomes, which in turn increases their prospects to become
successful and productive adults.
On August 13-14, 2014, representatives from the Courts, CASA, Department of Education,
Division of Children and Family Services, and community stakeholders met in Heber
Springs, AR to discuss strategies and resources for addressing educational stability for
Arkansas’ foster youth. Arkansas Court Improvement Program requested technical
assistance from the National Resource Center on Legal and Judicial Issues. Kristen Kelly
from the American Bar Association’s Center for Children and the Law co-facilitated the
meeting with Connie Hickman Tanner and provided resources from other states.
Participant List:
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Recommended Action Plan
Kristin Kelly, Esq.
American Bar Association, Center on
Children and the Law
Brian Lester
Attorney Ad Litem, Twenty-First Judicial
District
Connie Hickman Tanner
Director, AOC Court Services
Tiffany Tackett Kell
Mediation Program Coordinator, UALR
Bowen School of Law
Kate Shufeldt
Director, Court Improvement Program
Gabrielle Russ
Juvenile Division Administrative Assistant
Elizabeth Webster
CASA Advocate Supervisor, 20th Judicial
District
Courtney Salas-Ford
Attorney / Program Administrator, Foster
Care Liaison Program, Department of
Education
Mona Davis
Planning Manager and Foster Care
Manager, DCFS
Tammie Cloyes
21st CCLC Program Manager, Department
of Education
Dana Davis
McKinney-Vento State Coordinator,
Department of Education
Dana McClain
CEO, DKM Consulting & Training
Mischa Martin
Agency Attorney, DCFS
Brian Welch
Parent Counsel Program Director
Johnnelle Switzer
Cleburne Co. DCFS Supervisor
The group understood that they created a lot of work from their meeting and agreed to
form an official committee, The Arkansas Committee on Education Stability (ACES). The
committee agreed that future meetings should include a foster parent and a foster youth.
Barriers
The committee compiled a list of barriers to education stability that various entities face,
including:
•
Transportation – Who will pay to transport students to schools?
•
Not enough foster homes in the area
•
Missing records and difficulties transferring records
•
Questions regarding enrollment
•
Keeping siblings together
•
Lack of communication among stakeholders
•
Disconnect regarding who the foster care liaison is, their role and how
stakeholders can work with them
•
Early childhood programs waiting lists
•
Schools circumventing enrollment
•
Lack of understanding the definition of enrollment. What is enrollment?
•
Lack of awareness regarding available services and coordination among services
•
Delays in getting a PACE evaluation
•
Students transitioning back to school
•
Activities & associations requires students to be in school a certain amount of
hours per school day which means students may miss court.
•
DCFS form order takes away parental involvement in child educational decisions
•
Lack of awareness regarding transitional services for special education students
•
Kids distrust in the system
•
Sharing educational data
•
Transferring credits among school districts
These barriers are not unique to Arkansas, as many states face similar obstacles. Arkansas
can learn from other states and utilize reports, policies and practices that have been
developed to address these issues. ACES members will lead smaller teams to revise or
create tools and resources to be distributed to schools, judges, attorneys, CASA, and DCFS
caseworkers.
Recommendations and Action Plan
The Committee looked to the American Bar Legal Center for Foster Care and Education’s
publication Blueprint for Change: Education Success for Children in Foster Care. The
publication not only provided examples of various tools that Arkansas could tailor and
implement, but also provided a focused framework for the discussion.
The Blueprint for Change offered eight goals for youth in out-of-home care that the
Committee has used as guiding principles for their work.
1. Youth are entitled to remain in their same school when feasible.
2. Youth are guaranteed seamless transitions between schools and school districts
when school moves occur.
3. Young children enter school ready to learn.
4. Youth have the opportunity and support to fully participate in all aspects of the
school experience.
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5. Youth have supports to prevent school dropout, truancy, and disciplinary actions.
6. Youth are involved and engaged in all aspects of their education and educational
planning and are empowered to be advocates for their education needs and
pursuits.
7. Youth have an adult who is invested in his or her education during and after his or
her time in out-of-home care.
8. Youth have supports to enter into, and complete, post-secondary education.
From the discussion based on these guiding principles, the Committee has set the following
goals for itself. The goals require work and cooperation from all stakeholders, but all are
obtainable.
1. Promote greater judicial decision-making and educational advocacy within the
courts.
2. Enhance current data exchange functionalities to include education data.
3. Develop trainings and resources for courts, attorneys, agency staff, CASA and
schools.
4. Encourage school placement stability and best interest considerations in placement
decisions.
5. Ensure transfers to new schools are smooth and credits are transferrable.
The following plan outlines the objectives that will help us reach our goals. A person or
agency is listed as being responsible for making sure these objectives are completed. That
person is encouraged to pull resources from the Committee, their agency and the
community to ensure buy-in and effectiveness.
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Recommended Action Plan
Goal 1: Promote greater judicial decision-making and educational advocacy within the courts.
Objective
Description
Point
Person/Agency
Mischa, Connie
Guiding
Principle
1,2,5,7
Timeframe
(by…)
October 2014
Connie
1,2,5,7
Develop a report/education checklist for attorneys by discipline to utilize in staffings and
hearings.
Create a template section for the CASA court report regarding education issues.
Promote the scheduling of court hearings for school-aged children outside school hours when
feasible.
Brian L., Mischa,
Brian W.
Elizabeth
All
1,2,5,7
November
2014
October 2014
1.6
1.7
Encourage youth participation in discussions regarding their education and education goals.
Distribute district/county level education data from 2013 report to stakeholders.
All
Connie, Kate
6
1-2,5-7
1.8
Encourage inclusion of educators or school personnel on court teams.
Kate
1-2,4-7
Point
Person/Agency
Connie, Kate
Kate, ADE, DCFS
Guiding
Principle
1,2,5,
1,2,5,7
Kate
Connie, Kate, ADE,
DCFS
AOC, DCFS, CASA
1,2,5,7
1,2,5,7
Fall 2014
End of year
2014
Summer 2015
Summer 2015
1,2,5,7
Spring 2015
Kate
1,2,5,7
Summer 2015
1.1
1.2
1.3
1.4
1.5
Develop a stand-alone order regarding education issues including naming an education
decision-maker and those with access to education records.
Create an Education Best Practices Benchcard for judges.
Goal 2: Enhance current data exchange functionalities to include education data.
Objective
Description
2.1
2.2
2.3
2.4
2.5
2.6
Explore feasibility of sharing education data among stakeholders within the courts and DCFS.
Develop an MOU between the Department of Education, Courts, and Division of Children and
Family Services to share education data through DNet.
Program necessary components in DNet in order to exchange data.
Promote the ability for AAL, caseworkers and CASA to obtain access to electronic education
records through the school’s online access point.
Explore options for CASA and caseworkers to file their court reports electronically for quicker
dissemination.
Explore the capacity for sharing PACE assessments electronically.
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1,2,7
4
October 2014
November
2014, ongoing
On-going
November
2014
November
2014
Timeframe
Recommended Action Plan
Goal 3: Develop trainings and resources for courts, attorneys, agency staff, CASA and schools.
Objective
Description
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Gather resources to be included on the Juvenile Division website. Updated Foster Care Liaison
and McKinney-Vento Liaison lists will be provided annually.
Develop resource handbooks regarding education law and community-level resources for
attorney ad litems, parent counsel, caseworkers, and CASA. Handbooks should include tip
sheets for fast fact-finding. General content will be written by team and then tailored to
discipline.
Revise Greenbook to include information on education advocacy.
Incorporate education law into new judge’s orientation.
Develop checklist regarding special education issues.
Develop curriculum for trainings for CASA, attorneys, and caseworkers based on resource
handbooks.
Develop trainings for foster care liaisons on their role, impact of education changes on youth,
and who to contact for questions.
Develop trainings for school personnel and teachers on assisting youth in foster care and
communicating with caseworkers, CASA and attorneys. Create tip sheet for educator. Develop
a recommended booklist for classrooms/libraries to utilize to explain foster care to students.
Work with education co-ops to conduct these trainings.
Convene a summit on education and foster youth for educators, caseworkers, CASA, attorneys
and the courts. Summit will be a kickoff for local teams to address education stability in their
district/county.
Point
Person/Agency
Kate, Courtney,
Dana D.
All
Guiding
Principle
1-2,4-7
All
December
2014
Spring 2015
Kate, Dana M.
Connie
Dana M.
Dana M., Tiffany,
Kate
Courtney, Kate
All
All
All
All
Spring 2015
Nov. 2014
Spring 2015
Summer 2015
1-2,4-8
Spring 2015
Kate, Courtney,
Dana D.
1-2,4-8
Spring 2015
All
All
TBD 2016
Guiding
Principle
All
Timeframe
1,2,7
Goal 4: Encourage school placement stability and best interest considerations in placement decisions.
Objective
Description
Point
Person/Agency
4.1
Promote DCFS’ foster care recruitment efforts and the use of relative and fictive kin
All
placements for youth.
4.2
Include education stability and best interest considerations.in DCFS supervisor review.
Mona, Johnelle
4.3
4.4
4.5
Convene specialized staffings for youth who have had 3 or more school changes while in care.
This is to include an interdisciplinary team with educators, attorneys, CASA, caseworkers,
youth, parents, and education advocates.
Build capacity such as GIS software to visually track foster youth’s school of origin in relation
to available placements and services.
Survey caseworkers on their needs in the field and their suggestions for improving education
stability.
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Timeframe
On-going
DCFS, AAL, PC,
OPLS, CASA
1-2,4-8
December
2014
On-going
DCFS
1,2
Fall 2015
Mona, Kate
All
Spring 2015
Recommended Action Plan
Goal 5: Ensure transfers to new schools are smooth and credits are transferrable.
Objective
Description
5.1
5.2
5.3
5.4
Ensure that each time a youth of high school age is moved, a checklist of diploma
requirements is completed in conjunction with the school. This will alert everyone to needs in
credit recovery.
Work with individual schools to accept all credits from previous schools and assist in credit
recovery options.
Connect foster youth to services in their community, such as 21st Century Community
Learning Centers, that can assist with homework help, tutoring, credit recovery, and
mentoring.
Define population for McKinney-Vento to include all foster youth awaiting permanent
placement.
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Point
Person/Agency
AAL, CASA, DCFS
Guiding
Principle
1-2,5-8
Timeframe
AAL, CASA, DCFS
1-2,5-8
On-going
AAL, CASA, DCFS
1-2,4-8
On-going
All
1-2,4-5,7-8
Spring 2015
Spring2015
Relevant Laws
A.C.A. § 9-28-112. Foster children and educational issues.
(a) The Department of Human Services and school districts shall work together for the best
interest of any child placed in the custody of the department.
(b) By the next business day after the department exercises a seventy-two-hour hold on a
child or a court places custody of a child with the department, the department shall inform
the child's current school district, regardless of whether the child remains at his or her
current school, that:
(1) The department has exercised a seventy-two-hour hold on the child; or
(2) The court has placed the child in the custody of the department.
(c) By the next business day after a foster child transfers to a new placement, the
department shall notify the child's current school that the foster child has transferred to a
new placement.
(d) By the next business day after the department reasonably believes that a foster child
has experienced a traumatic event, the department may notify the school counselor of the
child that the department reasonably believes that the foster child has experienced a
traumatic event.
(e) By the next business day after the department knows that a foster child has experienced
a traumatic event through an investigation or an ongoing protective services case, the
department may notify the school counselor of the child of the traumatic event that the
department has knowledge of through an investigation or an ongoing protective services
case.
(f) The school counselor of the child may share information reported to the counselor
under subsections (d) and (e) of this section with the school principal and the teachers of
the child, if appropriate.
(g)
(1) The department or its designee, who may be a foster parent, shall make
educational decisions for a child in the custody of the department related to general
educational matters, subject to limitation only by the court having jurisdiction of the
custody matter.
(2) For educational matters under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400 et seq., a foster parent may make decisions for a child in the custody of the
department.
A.C.A. § 9-28-113. Continuity of educational services to foster children.
(a)
(1)
(A) It is the intent of the General Assembly that each child in foster care is:
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(i) Entitled to the same opportunities to meet the academic
achievement standards to which all children are held;
(ii) Assisted so that the child can remain in his or her current school;
(iii) Placed in the least restrictive educational placement; and
(iv) Given the same access to academic resources, services, and
extracurricular enrichment activities as all other children.
(B) Decisions regarding the education of a child in foster care shall be based
on what is in the best interest of the child.
(2)
(A) Individuals directly involved in the care, custody, and education of a
foster child shall work together to ensure continuity of educational services
to the foster child, including without limitation:
(i) Educators;
(ii) The Department of Human Services;
(iii) The Department of Education;
(iv) The circuit court presiding over the foster care case;
(v) Providers of services to the foster child;
(vi) Attorneys;
(vii) Court-appointed special advocates; and
(viii) Parents, guardians, or any persons appointed by the court.
(B) The individuals in subdivision (a)(2)(A) of this section shall ensure the
continuity of educational services so that a foster child:
(i) Can remain in his or her current school whenever possible;
(ii) Is moved to a new school in a timely manner when it is necessary,
appropriate, and in the best interest of the child under this section;
(iii) Can participate in the appropriate educational programs; and
(iv) Has access to the academic resources, services, and
extracurricular enrichment activities that are available to all students.
(b)
(1) A foster child shall have continuity in his or her educational placements.
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(2) The Department of Human Services shall consider continuity of educational
services and school stability in making foster placement decisions.
(3) The school district shall allow the foster child to remain in the child's current
school and continue the child's education unless the court finds that the placement:
(A) Is not in the best interest of the child; and
(B) Conflicts with any other provision of current law, excluding the residency
requirement under § 6-18-202.
(4) The school district is encouraged to arrange for transportation for the child to
enable him or her to remain in his or her current school if reasonable and practical.
(5) Except for emergencies, before making a recommendation to move a child from
his or her current school, the Department of Human Services shall state the basis for
the recommended school change and how it serves the best interest of the child in a
written statement to the following:
(A) The foster child;
(B) The child's attorney ad litem;
(C) The court-appointed special advocate, if appointed; and
(D) Parents, guardians, or any person appointed by the court.
(6)
(A) If the court transfers custody of a child to the Department of Human
Services, the court shall issue an order containing the following
determinations regarding the educational issues of the child and whether the
parent or guardian of the child may:
(i) Have access to the child's school records;
(ii) Obtain information on the current placement of the child,
including the name and address of the child's foster parent or
provider, if the parent or guardian has access to the child's school
records; and
(iii) Participate in school conferences or similar activities at the child's
school.
(B) If the court transfers custody of a child to the Department of Human
Services, the court may appoint an individual to consent to an initial
evaluation of the child and serve as the child's surrogate parent under the
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Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in
effect on February 1, 2007.
(c)
(1) Each school district shall identify a foster care liaison.
(2) Each school district shall forward the name of each foster care liaison and the
contact information to the Special Education Section of the Department of Education
at the beginning of each school year.
(3) The foster care liaison shall:
(A) Ensure and facilitate the timely school enrollment of each foster child;
(B) Assist a foster child who transfers between schools by ensuring the
transfer of credits, records, grades, and any other relevant school records;
and
(C)
(i) Expedite the transfer of records.
(ii) When a foster child changes school placement, the foster care
liaison in the new school district shall request the child's educational
record, as defined by the Department of Education's regulation, from
the foster care liaison in the child's previous school district within
three (3) school days.
(iii) The foster care liaison from the previous school district shall
provide all relevant school records to the foster care liaison at the
new school district within ten (10) school days of receipt of the
request under subdivision (c)(3)(C)(ii) of this section.
(d)
(1) If a foster child is subject to a school enrollment change, the foster child's
caseworker shall contact the school district foster care liaison within two (2)
business days, and the new school must immediately enroll the foster child even if
the foster child is unable to provide the required clothing or required records,
including without limitation:
(A) Academic records;
(B) Medical records; or
(C) Proof of residency.
(2) The Department of Human Services shall provide all known information to the
school district that impacts the health and safety of the child being enrolled or other
children in the school.
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(e)
(1) A school district shall recognize the rights of a foster parent to make educational
decisions for a foster child under the Individuals with Disabilities Education Act, 20
U.S.C. § 1400 et seq., if the foster parent is qualified.
(2) A foster parent may have educational rights with respect to consenting to the
individualized educational program and related services if the court has specifically
limited the educational rights of the parent and the child is in foster care.
(f) The grades of a child in foster care shall not be lowered due to absence from school due
to:
(1) A change in the child's school enrollment;
(2) The child's attendance at a dependency-neglect court proceeding; or
(3) The child's attendance at court-ordered counseling or treatment.
(g) Each school district shall accept credit course work when the child demonstrates that
the child has satisfactorily completed the appropriate educational placement assessment.
(h) If a child completes the graduation requirements of the child's school district while
being detained in a juvenile detention facility or while being committed to the Division of
Youth Services of the Department of Human Services, the school district that the child last
attended before the child's detention or commitment shall issue the child a diploma.
(i) This section shall not be interpreted to be in conflict with the Individuals with
Disabilities Education Act, 20 U.S.C. § 1400 et seq., and regulations promulgated.
(j) Notwithstanding any of the provisions of this section, if it is in the best interest of the
child, a foster child may be placed in a nonpublic school, including a private, parochial, or
home school as long as no state or federal funding is used for the placement.
Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.) Section 725-Definitions
For purposes of this subtitle:
(1) The terms enroll' and enrollment' include attending classes and participating fully in
school activities.
(2) The term homeless children and youths' —
(A) means individuals who lack a fixed, regular, and adequate nighttime residence
(within the meaning of section 103(a)(1)); and
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(B) includes —
(i) children and youths who are sharing the housing of other persons due to
loss of housing, economic hardship, or a similar reason; are living in motels,
hotels, trailer parks, or camping grounds due to the lack of alternative
adequate accommodations; are living in emergency or transitional shelters;
are abandoned in hospitals; or are awaiting foster care placement;
(ii) children and youths who have a primary nighttime residence that is a
public or private place not designed for or ordinarily used as a regular
sleeping accommodation for human beings (within the meaning of section
103(a)(2)(C));
(iii) children and youths who are living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train stations, or similar
settings; and
(iv) migratory children (as such term is defined in section 1309 of the
Elementary and Secondary Education Act of 1965) who qualify as homeless
for the purposes of this subtitle because the children are living in
circumstances described in clauses (i) through (iii).
(3) The terms local educational agency' and State educational agency' have the meanings
given such terms in section 9101 of the Elementary and Secondary Education Act of 1965.
(4) The term Secretary' means the Secretary of Education.
(5) The term State' means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(6) The term unaccompanied youth' includes a youth not in the physical custody of a
parent or guardian.
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