• Lauri Burnham-Massey , Director of Legislative Affairs, CABE
• Deborah Escobedo , Staff Attorney, Youth Law Center
• Kaye Fredrickson , MSW, Educational Liaison, Fresno County
Dept. of Children and Family Services
California Foster Youth Education Summit
Sacramento, California
May 5, 2009
1

* Source: Foster Youth Services- 2008 Year End Report
2

AB 490
“In all instances, educational and school placement decisions must be based on the best interests of the child.” Ed. Code § 48850(a)
• Equal Opportunity to meet academic standards
• Stable school placements
• Right to remain in school of origin
• Preference for mainstream school placement
3

Case plan must include a plan for ensuring educational stability for a child while in foster care, which includes assurances that:
 The placement of the child takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
 The State agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement.
42 U.S.C. §675(1)(G)
4

• Do we know how many Foster Youth are identified as
Limited English Proficient (LEP) or English Learner (EL) student or Fluent English Proficient (FEP)?
• Do we know how many Foster Youth meet the definition of migrant youth?
5

• 25% of all students are LEP or EL students
• 43% of all students speak a language other than English in their homes (EL/FEP)
• 47% of all CA students in PK to 5 th grade are children of immigrants! (Urban Institute)
• How are these numbers reflected in CA’s foster youth population?
6

Must Overcome
Language Barriers
• Access to educational programs to address their language needs
• Access to programs to teach them academic English
• Access to the curriculum & must not incur academic deficits
• Continuity of program is very important to ensure academic success
Equal Educational Opportunities Act, 20 U.S.C. § 1703(f); Lau v. Nichols (1974) 414 U.S.
563; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989; NCLB -Title III, 20 U.S.C. § 6801.
7

• How do we meet the best educational interests of a foster youth if the youth is EL, FEP and/or
Migrant?
• How to we ensure educational stability if a foster youth is EL, FEP and/or Migrant?
8

State English
Learner
Enrollment
Total
Enrollment
California 1,591,525 6,198,237
Texas 684,007 4,405,215
Florida 299,346 2,639,960
New York 203,583 2,858,500
Illinois 192,764 2,097,503
Arizona 155,789 1,029,509
Source: USDE 2006, NCELA
Percent
English
Learners
25.7
15.5
11.3
7.1
9.2
15.1
9

California’s English Learners
Language Groups over 1% of Total
2007-08
Language
Spanish
Vietnamese
Pilipino
Cantonese
Hmong
Korean
Total
Source: 2008 R-30 Language Census
Number Percent
1,320,981 85.1%
34,712 2.2%
22,389 1.4%
21,551 1.4%
19,715 1.3%
16,799 1.1%
92.5%
10

11

How do you know if a student is an English Learner?
(Required procedures to identify all students of limited-English proficiency)
– Home Language Survey ( All students )
– English language proficiency assessment (CELDT)
(within 30 calendar days)
– Primary language proficiency assessment (within
90 calendar days)
– Parent notification of assessment results
(initial and annual)
12

How do you know if a child is an English Learner?
Multiple criteria shall include:
– Objective assessment of English language proficiency - CELDT
– Teacher evaluation
– Parent opinion and consultation
– Comparison of pupil performance in basic skills against an empirically established range of performance demonstrating the ability to participate effectively in curriculum designed for students of the same age whose native language is English – as set out by State Board of Education Guidelines. ( Oral fluency alone does not equal full proficiency in English .)
13

• If ELs represent 1 in 4 California students, they probably represent 1 in 4 foster students.
• Ensuring students receive an appropriate instructional program is crucial to success.
• We want them to learn English; but we want more than that for them.
• It is important to be aware that oral fluency alone does not equal full proficiency in English.
• A consistent multi-year program is essential for
English learners.
14

True Stories from the Field
• Educational Placement (program and teacher)
Sumamente Importante : Example: Sierra Vista High
School, Baldwin Park (Charlene Fried, teacher)
• A Sad Story: Trials of Leopoldo
• A Happier Story: Julio’s Journey
• The road has many extra hurdles for foster children – especially if they also happen to be
English learners. Informed social workers can make a powerful difference.
15

16

• Language Proficiency
• English Learner Distribution
• Language Groups
• Student Characteristics
17

Key
Characteristics
• May be USA or foreign born
• Grade levels K-12
• L
1 academic preparation
• ELD progress
• Content areas
• Motivation
Instructional
Implications
• ELD
• Content classes
• Support needed
• Home-school connections
• Beneficial interventions
• Cautions
18

Key
Characteristics
• Generally USA but may be foreign born
• Grade levels K-12
• L
1 academic preparation
• ELD progress
• Content areas
• Motivation
Instructional
Implications
• ELD
• Content classes
• Support needed
• Home-school connections
• Beneficial interventions
• Recouping academic deficits
• Cautions
19

Key
Characteristics
• USA or foreign born
• Grade levels 1 st – 12 th
• Academic background
• ELD progress
• Content areas
• Academic deficits
• Motivation
Instructional
Implications
• ELD
• Content classes
• Supports needed
• Beneficial interventions
• Recouping deficits
• Cautions
20

Key
Characteristics
• USA or foreign born
• Grade levels 3 rd – 12 th
• Academic background
• ELD progress
• Content areas
• Academic deficits
• Motivation
Instructional
Implications
• ELD
• Content classes
• Supports needed
• Home-school connections
• Beneficial interventions
• Recouping deficits
• Cautions
21

Key
Characteristics
• Often USA born or in USA over 6 years
• Academic background
• ELD progress
• Academic progress
• Motivation
• Adjustment
Instructional
Implications
• ELD
• Content classes
• Academic acceleration
• Supplementary instruction
• Recouping deficits
• Home-school connections
• Counseling
• Cautions
• Graduation Expectation
22

23

Federal
• United States Constitution
• Federal statutes
• Federal Regulations
• Federal Court Decisions
• Federal Administrative
Actions:
Policy Memoranda, letters to the field, etc.
State
• California Constitution
• California Statutes:
Ed. Code
• California Regulations
• California Court Decisions
• CDE Directives / LEA
Policies
24

20 USC 1703(f); 42 USC 2000(d); 34 CFR 100.1-
100.13, 300.300, 300.343(d), 300.346(a), 300.532(a)(c),
300.552; Lau v. Nichols (1974) 414 U.S. 563 Castañeda v. Pickard (5 th Cir. 1981) 648 F.2d 989; Idaho Migrant
Council v. Board of Education (9 th Cir. 1981) 647 F.2d
69;
Gómez v. Illinois State Board of Education
(7 th Cir.
1987) 811 F.2d 1030; McLaughlin v. State Board of
Education (1999) 75 Cal.App.4
th 196; EC 305-306, 310-
311 , 313, 33051(a)(3), 44253, 44253.1, 44253.2,
44253.3, 44253.10, 48985, 54032, 60810-60811, 62002,
62002.5; 5 CCR 3942(3), 4320, 11300-11316; 83 Ops.
Cal. Atty. Gen. (2000) 40; NCLB Titles I and III
25

26

• Acquisition of English
• Academic Achievement
• Positive Psycho-Social adjustment
27

• Structured English Immersion
• English Language Mainstream
• Alternative program (alternative course of study)
Parent notification, on an annual basis: placement, educational opportunities, waiver option
28

• Districts must have a waiver procedure and an alternative program design/description
• Parental exception waivers shall be granted unless the school principal and educational staff have determined that an alternative program offered at the school would not be better suited for the overall educational development of the pupil.
[ 5 CCR 11309 (b)(4) ]
29

ELD is designed to teach English learners to understand, speak, read, and write English and acquire the linguistic competencies that native
English speakers already possess when they enter school and continue developing throughout life.
“It’s tautological !”
30

.... more than simply offering or exposing students to the core curricula.
… . students receive grade-level instruction in a manner that allows them to meet grade-level standards in a reasonable period of time.
31

Who Can Teach English Learners?
•“ … For these pupils to have access to quality education, their special needs must be met by teachers who have essential skills and knowledge related to English language development, specially designed content instruction delivered in English, and content instruction delivered in the pupils' primary languages....”
– EC 44253.1
•EL authorizations: CLAD/BCLAD or equivalent
•
Teaching IS rocket science!
32

Parent Right to Meaningful Access
– Informed Choice
– Complete information, including notices in languages other than
English
– Active involvement in decisions that affect their children’s education
– Home-school collaboration – positive academic consequences for English learners.
33

• Design and implement sound program
• Monitor student progress (cautions)
• Evaluate programs/services to determine effectiveness
• Modify program to achieve results for students
34

35

Myth: If they can’t express it in English, they don’t know it.
Reality: Lack of ability to express what s/he knows in
English does not mean that a student does not know the content.
36

Myth: If you say it louder and slower, they will understand.
Speaking louder and slower is not the way to make
English comprehensible to students who do not fully understand the
English language.
37

Myth: Most English learners will grow up to be farm, restaurant, or hotel workers.
Reality:
Preparing English learners only to work in the fields of California, the restaurant industry, and hotels is no longer an option.
38

Myth: There is very little research on educating
English learners, and the research that exists is unclear and contradictory.
Reality: There is a substantial body of research on education for
English learners that can guide practitioners.
39

Myth: The research on educating English learners supports English-only instruction over bilingual approaches.
Reality: There is a strong research basis for providing English learners with L
1 literacy development. Teaching students to read in their first language promotes higher levels of reading achievement in
English.
40

• Title : Improving Education for English
Learners: Research-Based Approaches
• Purpose : to meet a need for practical guidance on research-supported best practices for ensuring language, academic, and socio-cultural proficiency for English learners.
41

• Supports high quality and comprehensive educational programs to help overcome educational disruption, cultural & language barriers, social isolation & health related problems that prohibit migrant students from doing well in school.
• Gives migrant students access to supplemental services & programs to address their unique educational needs.
NCLB - Education of Migratory Children, 20 U.S.C. § 6391
42

• Child/youth 3-21 years of age
• Child is a migrant agricultural worker or a migrant fisher or has a parent, spouse or guardian who is a migrant agricultural worker or fisher; and,
• Child has moved within the preceding 36 months in order to obtain (or seek) or to accompany a parent, spouse, or guardian to obtain (or seek) temporary or seasonal employment in agricultural or fishing work; and
• The child has moved from one school district to another.
43

 240,000 identified migrant youth, ages 3-21
• 23,395 are preschoolers ages 3-5
• 177,178 are in grades K-12
• 39,519 are out of school youth
 Operates through a system of statewide contracts and
23 Regional Offices, both County Offices of Education and local school districts
44

• High Drop-Out Rate: The dropout rate for migrant students is believed to be well over 50 percent.
• Disproportionate Enrollment in PI Schools: Forty-seven percent
(47%) of migrant students attended Program Improvement (PI) schools.
• Underachievement in Core Curriculum: Only 12% of migrant students meet state standards in English –language arts; only 18% of migrant students meet state standards in mathematics.
• Lack of High School Preparedness: A disproportionate number of
8th grade migrant EL are performing at levels that would endanger their success in high school.
Source: Comprehensive Needs Assessment http://www.cde.ca.gov/sp/me/mt/cnareport.asp
45

California Migrant Regional Offices
Contact Info. http://www.cde.ca.gov/sp/me/mt/regions.asp
• Region 1 – Santa Clara
• Region 2 – Butte
• Region 3 – Merced
• Region 4 – Fresno
• Region 5 – Kern
• Region 6 – Imperial
• Region 7 – Riverside
• Region 8 – Tulare
• Region 9 – San Diego
• Region 10 Los Angeles
• Region 11 Pajaro Val. USD
• Region 12 Oxnard El. SD
• Region 13 San Jose USD
• Region 14 Delano Jt. UHSD
• Region 16 Monterey
• Region 17 Ventura
• Region 18 Santa Barbara
• Region 19 Lost Hills Union SD
• Region 20 Semitropic SD
• Region 21 Bakersfield City
Elem. SD
• Region 22 Santa Maria-Bonita
SD
• Region 23 San Joaquin
• Region 24 Lindsay USD
46

47

Barriers To Improving Educational
Outcomes for Foster Youth
1
.
Frequent changes in residence
2. Changing school during midyear
7. Lack of a mentor/coach to guide the child’s educational career
3. Not enrolling in or attending school immediately upon a change of residence
8. No or insufficient number of educational advocates or liaisons to trouble shoot when school problems occur
4. Lost, missing, incomplete, or unavailable school records
(transcripts)
9. Failure to complete high school and obtain diploma
5. Lack of highly skilled, effective caregivers
10. Children with eligible disabilities not identified for special education services
6. Lack of appropriate monitoring of homework and educational progress

Pamela Hancock, MS
Fresno Co. Office of Education-Foster Youth Educational Services
Oversight of Probation, Foster, and Homeless Educational Issues
Laura Tanner-McBrien, MA
Fresno Unified School District-Project Access
Oversight of District’s Probation, Foster, and Homeless Educational
Issues
Kaye Fredrickson, MSW
Fresno Co. Department of Children and Family Services
Oversight of Foster Youth Educational Issues
49

 Part of the Southern
Central San Joaquin Valley
 Most populous county in the region
 799,407 population in 2005
 Agricultural area - county area is primarily rural
 City of Fresno is the sixthlargest city in California
50

Ethnic Composition of the Children of Fresno County -
Estimated 2005
African American -
2%
16,061
6%
Multiracial - 5,699
Asian - 23,055
9%
Native American -
3,627
1%
Pacific Islander - 259
0%
White - 56,471
22%
Latino - 154,131
60%
Latino - 154,131
White - 56,471
Asian - 23,055
African American - 16,061
Multiracial - 5,699
Native American - 3,627
Pacific Islander - 259
51

• Forty-four percent of individuals over five years of age live in a home where a language other than English is spoken.
• Thirty-four percent of the population is under 18 years of age, compared to
Twenty-Nine percent for California.
• The population is made up of slightly more females than males which is similar to gender rates in California.
52

• Total student enrollment – 193,734
• Migrant Education students – 26,000
• Special Ed. Students – 9%
• LEP/FEP Students – 40.3%
• 23% White; 56% Latino; 12% Asian/Pac.; 7% Black;
.9% Amer. Ind.
*Source: Fresno County Office of Education 2007
53

Education Level
The following table illustrates education level of the population age 25 or over. 51% of this group has a high school diploma or less level of education. 29% have less than a high school diploma.
Fresno County
Population 25 yrs. and over
Less than 9th grade
9th to 12th grade, no diploma
High school graduate
(incl.equiv)
Some college, no degree
Associate degree
Bachelor's degree
Graduate or professional degree
Fresno
County
495,203
84,812
56,672
109,516
107,638
39,119
66,205
31,241
% of
County
100
17.1
11.4
22.1
21.7
7.9
13.4
6.3
54

Dept. of Children and Family
Services:
● Countyadministered public agency
● Child Welfare and
Children’s Mental
Health Services
● Over 700 employees
● Family to Family
Initiative
● 2,300 children in out-of-home care
Fresno Unified
School District:
●
76,000 Students
● 4th Largest School
District in California
● 82% Poverty Rate
● 1,200 students in Foster
Care/Group Homes
● 2,300 Homeless
Students
● 112 Schools
55

Youth Law Center/Fresno Unified/Dept of
Children & Family
Project Highlights
• Lack of homework/class assignments completed
• Repeated suspensions
• Tardies/absences from classes
• Negative peer relationships
• Reading and math levels below grade level
• Students complain that school work is too hard
• Some students do not dress out or participate in physical education class
• Multiple dress code violations
• Unengaged in extracurricular activities and programs
56

Low Expectations…
“There is a bigotry of low expectations toward Migrant
Students, English Learners, and
Foster Youth. They are not even placed in the right classes to be successful and transition into college.”
-- Fresno County
Educator
57

• Establish a juvenile information sharing collaborative.
• Utilized OJJDP Data Sharing Framework.
• Looked at other data sharing processes in other counties.
• Attended Juvenile Info. Sharing Symposium-
Washington D.C.
• Developed MOU template with School Districts.
• Board of Supervisor special meeting.
• Presentation to District Superintendants and receive
MOU approval.
59

Migrant Education Program is in twenty-five of the thirty-four districts in
Fresno County including largest districts – Fresno Unified, Clovis
Unified, and Central Unified
60

Non-exhaustive List:
Migrant Education Potential
Services
• Tutoring
• Reading programs
• Summer school classes
• Enrichment programs
• Medical
• College visits and assistance
• Statewide leadership camps
• Fresno State CAHSEE preparation classes
*
Source: Jorge Gai, California State Consultant/Director
61

• Fresno Unified 2008-2009 school year:
Nine foster youth students in the beginning of school year
Two additional students referred by child welfare social workers
Where are the students?
• Most of the migrant students are located in rural areas.
62

Forms:
√ Judicial Council Form – JV 225
√ School Enrollment Forms
Migrant Education Training:
√ Family Reunification Supervisors –
January 2009
Supervisor: “Is this a new program? I’ve never heard of this.”
√ Social Worker Cheat Sheet
63

• School site recruiters for foster youth who would qualify as migrant education students.
• Case example:
17-year-old foster youth
64

“School is their stability and when that gets affected or they get moved to another school, they sometimes lose the only stable thing that they have in their lives at that moment.”
- School Administrator
65

66

• The Brookings Institute (2005), A special Analysis in
Nationwide Metropolitan Policy www.brookings.edu/metro
• US Census Bureau, 2005 http://factfinder.census.gov
• The Center for the Future of Teaching and Learning and
Mental Health Advocacy Services, Inc. (2008) Ready to
Succeed Changing Systems to Give California’s Foster
Children the Opportunities They Deserve to be Ready for and Succeed in School www.cftl.org
• Fresno Unified School District
• Fresno County Office of Education, Foster Youth
Educational Services
• Picture Postcards: www.FosterCareAlumni.org
67

• English Learners – General http://www.cde.ca.gov/sp/el/
& http://www.cde.ca.gov/sp/el/er/
• English Learners in California Frequently Asked
Questions http://www.cde.ca.gov/sp/el/er/documents/elfaq.doc
• Migrant Education http://www.cde.ca.gov/sp/me/mt/
• DATAQUEST http://data1.cde.ca.gov/dataquest/
68

Deborah Escobedo
Staff Attorney
Youth Law Center
200 Pine Street, Suite 300
San Francisco, CA 94104
(415) 543-3379 x3907
(415) 956-9022 - FAX descobedo@ylc.org\
Lauri Burnham Massey
Director of Legislative Affairs lauri@comcast.net
California Association for
Bilingual Education http://www.bilingualeducation.org/
Kaye Fredrickson
MSW, Educational Liaison
Department of Children and
Family Services
2011 Fresno Street, Suite 301
Fresno, CA 93721
(559) 453-5077 fredrl@co.fresno.ca.us
69