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Improving the Educational Success of San Diego County’s Foster Youth

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A Project of the Training Subcommittee of the Juvenile Court

Dependency Project

Honorable Susan Huguenor,

Supervising Judge, Dependency Court  

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Training SubcommitteeMargaret Dalton, Esq., Chair

Mimi Adams, Esq.

Terri Baur, Esq.

Nory Behana

Jenine Henry

Ana España, Esq.

Tracy Fried, MSW

Sara Montrose

Susan Solis

Laura Taylor, Esq.

With assistance from Judy Cohen, Esq.,

Matthew Melmon, Esq., and Ronda King, law student.

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What Are The Experiences of Foster Youth?

Neglect Abandonment Physical, sexual, and emotional abuse Parental substance abuse Domestic Violence Frequent moves Loss of siblings and sources of support

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How Do These Experiences Manifest?

Inattention Disruptiveness Inability to follow directions Anger Aggression Impulsivity Poor social skills Depression, loss of hope

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What Is Foster Care?

Care, custody, and control of the child is transferred from parents to a public agency by judicial order. Child may then be placed in a living situation apart from their parents, a “foster care” placement.

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What Is the Difference Between Wards and Dependents?

Wards come under the jurisdiction of the Juvenile Court as a result of committing a delinquent act. The Probation Department is the responsible public agency.

Dependents come under the jurisdiction of the Juvenile Court as a result of parental abuse or neglect. The Health and Human Services Agency is the responsible public agency.

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Types of Out-of-Home Care

Shelter: Temporary placement at a licensed shelter.

Kinship care: Approved or licensed family member raises child.

Foster family care: Licensed provider in a single family home raises child.

Group home care: Licensed provider operates placement for a number of unrelated children.

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30% perform below grade level

50% are held back in school

46% have not completed high school

Less than 3% go on to four-year colleges

Yet 70% plan to attend college

Why Are We Concerned About the Education of Foster Youth? Review of

Studies Show. . .

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Barriers to Educational SuccessConstant school changes have a detrimental impact on the ability of foster children to succeed. Education records do not transfer in complete and timely

manner.

Children sit out of school for days/weeks at a time, or placed in inappropriate classes.

Records sometimes lost or misplaced, causing children to lose credits and/or repeat classes.

Sometimes no one assumes responsibility for checking the child out of school; resulting in lowering of child’s grades.

Changes affect child’s ability to access services available to other children, such as 504 plans, special education, or gifted and talented programs.

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What Can Be Done To Improve Educational Success?

Identify holder of education rights. Ensure accurate education records. Ensure appropriate transfer out and

enrollment procedures. Ensure regular attendance at school. Ensure proper educational placement. Ensure access to support services.

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GUIDING PRINCIPLES

Everyone shares the duty to foster the educational progress of children in out of home placements.

Current law requires that educators, school personnel, social workers, probation officers, caregivers, advocates, and juvenile court officers work together on behalf of foster children to ensure they have a meaningful opportunity. . .

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GUIDING PRINCIPLES

- To meet state academic achievement standards

- To maintain stable school placements;

- Placement in least restrictive educational program;

- To access academic resources, services and extracurricular and enrichment activities available to all students.

EC §48850(a); WIC 16000(b)

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GUIDING PRINCIPLES:

In all instances, educational and school placement decisions must be based on the best interests of the child.

EC 48850(a), 48853(g)

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EDUCATION RIGHTS

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Educational Rights

All those holding educational rights have the same rights as a parent to advocate for and monitor the child's education. Most importantly:

May sign for special education services Can make decisions about school placement

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EDUCATION RIGHTS

Parents/ guardians hold educational rights for their children.

When parents are unwilling or unable to exercise their educational rights. . .

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EDUCATION RIGHTS

Placing agency must consider whether right of parent/guardian to make these decisions should be limited.

If recommendation is made, court report shall identify whether a responsible person is available to assume those rights.

Education Code 358.1, 366.1, 727.2

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EDUCATION RIGHTS

Court may limit the right of parent/guardian to make educational decisions.

If court limits rights, court must at same time appoint a responsible adult to make educational decisions for the child.

This applies until one of the following occurs:

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EDUCATION RIGHTS Child reaches 18 years of age (unless chooses not

to make ed. decisions, or deemed incompetent by court);

Another responsible adult appointed to make educational decisions;

Right of parent/guardian restored;

Successor guardian/conservator appointed.WIC 361, 366.3, 706.5, 726

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EDUCATION RIGHTS Responsible adult might be:

Foster parent

Relative caregiver

CASA

Other important adults in the youth’s life

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EDUCATION RIGHTSChild in Long-Term Foster Care

If education rights of parent/guardian have been limited; and

Reunification efforts with family have failed and child placed by court in long-term foster care, then

The foster parent, relative caretaker, or nonrelative extended family member shall have the right to represent the child in educational matters WITHOUT need for court appointment.

EC 56055; WIC 366.27, 726, 361(a)

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DISTRICT SURROGATES

If court unable to find a responsible adult to assume education rights, the local school district must appoint a surrogate parent.

Applies to children referred to district for special education services, or if child already has valid IEP.

GC 7579.5

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DISTRICT SURROGATES

Required to meet with child at least one time.

May also meet child additional occasions, attend child’s IEP meetings, review educational records, consult with persons involved in child’s education, and sign any consent relating to IEP purposes.

GC 7579.5

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Education RightsJV 535, 536

Mandatory Judicial Council forms

Role of Placing Agency

Role of Juvenile Court

Role of School District

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Records

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Education Records

Complete and accurate education records are vital for placement transfers to occur smoothly.

Records must reflect child’s total educational experience, including collection of all complete and partial credits.

Social worker and care provider must ensure child’s health & education passport is complete and up-to-date.

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Access to school records

Social workers and probation officers may access the child’s school records without parental consent or court order, so that they may:

Compile the child’s health & education summary; Fulfill educational case management duties; or Assist with school transfer or enrollment. EC 49076(11)

Children’s lawyers and CASA’s may also access the child’s school records. WIC 107, 317(f)

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Transfer Out and Enrollment Procedures

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Timely Transfers

Efficient and timely transfers are the responsibility of both the county placing agency and the school district.

EC 49069.5(b)

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Timely Transfers

As soon as the social worker becomes aware of need to transfer a child to a new school, he or she must:

Notify school of last day of attendance; Request calculation of child’s educational information; Request that child be transferred out.

EC 49069.5(c)

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Timely TransfersOld School

Within 2 business days, school must transfer child out, and deliver to next school:

Determination of seat time Full or partial credits earned Classes Grades Immunizations Special education plan

EC 49069.5(d)(e)

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Timely Transfers

New School

Within 2 business days of request for enrollment, must contact old school to obtain all records.

EC 49069.5(d)(4)(C)

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What is the School Checkout Form?

Foster youth must be properly checked out when moving from school to school.

Helpful: Transfer Release/Checkout Form for Foster Youth Forms developed by the school district

Placing worker should provide one of these forms to the caregiver.

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Immediate Enrollment

When a foster child changes schools, the new school must provide immediate enrollment even if the child is missing:

Academic and medical records, Immunization records, Proof of residency, or School uniform

EC 48853.5(d)(4)(B)

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EDUCATIONAL LIAISON Every school district must have an educational

liaison for foster children.

Duties:

Ensure and facilitate proper school placement, enrollment and checkout from school

Assist with transfer of grades, credits, and records when child transfer schools

Complete school transfers within 2 business daysEC 48853.5(b)

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EDUCATIONAL LIAISON Liaison, in consultation with and agreement of foster

child and person holding education rights may:

Recommend that child’s right to attend school of origin be waived, and that child be enrolled in public school in the area in which he/she now resides.

Must provide child and person with ed. rights a written explanation stating basis for recommendation and how this serves the child’s best interest.

EC 48853.5(d)(2)(3)

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EDUCATIONAL LIAISON

If a dispute arises, the child has the right to remain in school of origin until dispute is resolved.

Homeless and Foster Youth Liaison Contact List

EC 48853.5(d)(5)

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Attendance

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What Are the Benefits of Attendance?

Regular attendance can provide a foster youth with a sense of consistency.

School may be the most stable environment a foster youth ever enjoys.

Steady academic progress enhances self-confidence.

Frequent interaction with the same peers builds social skills.

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Protection for grades, credits, graduation

SCHOOL CREDITS

Schools must award credit for: Full Or partial coursework

Satisfactorily completed at: Another public school, Juvenile court school, Or nonpublic, nonsectarian school.

EC 48645.5

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Protection for grades, credits, graduation

GRADES

School cannot lower a child’s grades due to:

Absences caused by change in placement, Attendance at court hearing, or Court ordered activity.

EC 49069.5(g)(h)

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Educational Placement

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Preference for Regular School:

Foster children must attend a regular school unless:

Child has IEP requiring different educational placement, or

Person holding right to make educational decisions determines that it is in the best interest of the child to attend a different educational program, or to remain in school of origin.

EC 48853(a)

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Preference for Regular School

Person with educational rights must first consider placement in regular public school before child is placed in:

Juvenile court school Continuation school Alternative school Non-public school

EC 48853(a)(b)

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Preference for Regular School

Exception: preference for regular school does not apply to children in:

Emergency shelters Juvenile hall Juvenile ranch Forestry camp Regional facility

ED 48853(e)(f)

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Preference for Regular School

Emergency shelter exception applies in two situations: Health and safety emergencies Or, when:

Decision regarding child’s best interest and school of origin cannot be made promptly,

Not practical to transport child to school of origin, AND

Child would not otherwise receive educationEC 48853(f)

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School Stability

Factors that placing agency must consider when making out-of-home placements:

Proximity to the child’s present school

Impact placement will have on child’s educational stability WIC 16501.1(c)(2)

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School StabilityRight to remain in school of origin

At initial detention or placement, or any subsequent change in placement, the foster child has the right to remain in his or her school of origin for the duration of the school year.

EC 48853.5(d)(1)

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Definition: “School of Origin”

School foster child attended when permanently housed, or

School in which foster child last enrolled.

If different, or if there is another school child attended with which he/she is connected; liaison, child, and person with ed rights shall determine which school is deemed the school of origin.

EC 48853.5(e)

School Stability

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Transportation

Foster youth move frequently and need rapid access to transportation resources.

Transporting students is a local issue. Districts can transport all or no students. Students with IEPs should have

transportation needs addressed in those IEPs.

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McKinney-Vento HomelessAssistance Act

Transportation Mandate

Applies to homeless children.

Homeless” also includes children who are either “living in emergency or transitional shelters” or “are awaiting foster care placement.”

42 USC 11434A(2)

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McKinney-Vento HomelessAssistance Act

Transportation Mandate

Children in homeless situations can stay in their school of origin or enroll in any public school that students living in the same attendance area are eligible to attend, according to their best interest.

Students can stay in their school of origin the entire time they are homeless, and until the end of any academic year in which they move into permanent housing.

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McKinney-Vento HomelessAssistance Act

Transportation Mandate

If the child’s temporary residence and the school of origin are in the same LEA, that LEA must provide or arrange transportation.

If the child is living outside the school of origin’s LEA, the LEA where the child is living and the school of origin’s LEA must determine how to divide the responsibility and cost of providing transportation, or they must share the responsibility and cost equally.

Section 722(g)(1)(J)

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What Is An Appropriate Educational Placement?

Children should learn with their peers in regular classrooms.

Children with special needs should learn in the least restrictive environment providing an education benefit and progress.

The school and education rights holder should work together to find an appropriate educational placement.

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What Educational Placement Options Are Available?

Regular education at comprehensive site. Alternative educational setting (e.g., court and

community schools). For Students with an IEP

Special education at a school district-operated site. State -certified nonpublic schools and agencies (NPS,

NPA). Day treatment or residential care (AB 2726 services). Any combination of these, depending on the child’s

unique needs.

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Behavior Issues Foster youth may manifest behaviors that become

problems at school. Any behavior that negatively impacts school

performance should be investigated by the school. The school should contact the caregiver when

problems arise. If concerns about school performance arise, the

caregiver can contact the child’s teacher to set a meeting.

Addressing school behaviors are the responsibility of the school.

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SST (Student Study Team) meetings

May include: Student Teacher(s) Person with education rights (parent, guardian,

caregiver) School administrator Others as appropriate (school counselors, etc.)

Addresses the needs of students at risk Does not take the place of an IEP meeting

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504 Plans

Derives from Section 504 of the Rehabilitation Act of 1973.

Protects students with disabilities from discrimination. Accommodations determined on an individual basis (e.g.,

preferential seating, more time, calculator). Does not take the place of an IEP. Any accommodation or modification available under a 504

Plan can be included in an IEP. Students cannot have both an IEP and a 504 Plan.

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Individualized Education Program (IEP)

Cornerstone of the Individuals with Disabilities Education Act (IDEA).

Delineates specific instructional and related services that students with a disability require to benefit from education.

Includes placement, services, instructional and behavioral goals and objectives.

Must be reviewed annually (more often if needed), and adjusted as necessary.

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What Special Education Placements Options Are

Available at the School Site? Must be appropriate and in the least restrictive

environment. Continuum of on-site placement for students with IEP:

Regular class with modifications/accommodations, even a 1:1 aide. Regular class with “pull out” services (e.g., counseling, speech). Regular class with up to 49% resource services. A mix of regular and special education classes. Special day class. Dual enrollment on-site and elsewhere.

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What Are State-Certified Nonpublic Schools (NPS) and

Agencies (NPA)? Specialized schools and agencies, offering small

classes at a non-comprehensive school site. Available at district expense only for students

identified for special education (e.g., students with an IEP), who require this level of service.

Student’s needs must not be addressable at a school district-operated site.

More restrictive educational placement.

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What Are AB 2726 Services?

Mental health services offered as part of a student’s IEP. Address social and emotional disabilities that adversely

impact performance at school. IEP team refers to children’s division of County Mental

Health (CMH). CMH assesses child. Service levels: outpatient counseling, day treatment, or

residential placement. Also provides medication monitoring and case

management.

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Other Support Services And Programs

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After-School Programs

Before and After School Learning and Safe Neighborhood Partnership Program (BASLSNPP)

Critical Hours program Friday Night Live

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Secondary Educational Programs

ROP - Regional Occupational Program, for ages 16 through adult.

AVID - Advancement Via Individual Determination, for students in middle and high school.

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FOSTER YOUTH SERVICES Funded by grant from the

California Department of Education. Exists in most counties.

Focus of FYS is to improve the educational outcome for wards and dependents who are placed in licensed group homes.

Local Activities. . .

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Health and Human Services Agency (HHSA)

SCIAP Specialized Care Incentives and Assistance Program

ILS Independent Living Services

Mentoring CIN

Children-in-Need funds Kinship Care services program Teen Units

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Regional Center

Children with developmental disabilities Autism, Cerebral Palsy, Epilepsy, Mental Retardation

Service Coordination Advocacy to assist persons in securing

educational services

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Voices for Children, Inc.

Recruits, screens, trains, supervises volunteers to serve as advocates for foster youth

CASAs Court Appointed Special Advocates Have education rights Education Liaison Program

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Key Roles And Responsibilities

Improving Educational Success

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Responsibilities of the School System

Foster youth are entitled to the same level of education as any other student.

School should seek to ensure that enrollment and transition are smooth and trouble-free.

School should seek to obtain all educational records as soon as possible.

School should initiate referrals for additional services, as indicated.

School should contact the caregiver as soon as issues arise.

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Responsibilities of the Court System

Juvenile court judge Social worker Probation officer Relative caregiver/foster parent/group home

provider Child’s attorney Court Appointed Special Advocate (CASA) Responsible person/surrogate parent

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What Can The Juvenile Court Judge Do?

Ensure responsible parties have enrolled child in school. Order education and medical records be made available. Oversee agencies and professionals to ensure child’s

education is appropriate. Require reports and plans to address educational needs and

document their satisfaction. Limit and transfer education rights where appropriate. Join local agencies where systemic failures appear. Use authority under WIC to order appropriate care.

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What Can the Social Worker and Probation Officer Do?

Check child out of school when appropriate. Ensure child’s school enrollment is immediate. Ensure rapid transfer of records between schools. Maintain an accurate Health & Education Passport. Recommend disposition of education rights to court. Request assessments and attend IEP team meetings. Consider application of McKinney-Vento Act. Notify Foster Youth Services if placing in or discharging

from group home.

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What Can Caregivers and Group Homes Do?

Check child out of school when appropriate. Ensure child’s school enrollment is uninterrupted. Ensure rapid transfer of records between schools. Ensure child’s proper placement and accurate assessment. Maintain familiarity with schools in area, staff, programs,

and discipline policies. Become familiar with law regarding suspension and

expulsion. Become familiar with child’s past school experiences. Maintain child’s confidential information. Participate fully in child’s development and goals.

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What Can the Child’s Attorney Do?

Ensure child is enrolled in proper placement. Ensure adequate assessments are made regularly. Participate in development of IEP or 504 plans. Monitor conformance with IEP or 504 Plan. Ensure that all teenagers receive transitional and

vocational plans as they approach graduation. Recommend proper disposition of education rights to

juvenile court. Consider application of McKinney-Vento Act.

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What Can the CASA Do?

Ensure child is enrolled in proper placement. Request assessments and attend IEP team meetings when

concerned about educational progress. Maintain contact with school staff. Maintain contact with child’s attorney regarding concerns

over education progress, school discipline, dispositions. Review education records regularly to verify progress,

correct errors, ensure that discipline does not deny child benefit of education.

Thoroughly report on child’s education to juvenile judge.

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What Can the Responsible Person/Surrogate Parent Do?

Ensure enrollment is timely and appropriate. Review the student’s educational record. Request assessments when concerns arise (504

Plans, IEPs). Attend IEP meetings and monitor

implementation. Ensure appropriate educational placement.

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Appendix

Summary, Section 504 IDEA: Eligibility for Special Education Overview, San Diego Regional Center: Services for

Children With Developmental Disabilities SELPA Directors Contact List S.D. County Transfer/Release Checkout Form for Foster

Youth

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Thanks!

Special thanks to the following San Diego organizations, whose staff participated wholeheartedly in this project

Area Board XIIICasey Family ProgramsFoster Youth Services, SDCOEGrossmont Community College DistrictHealth and Human Services AgencyOffice of the Public Defender, Dependency CourtUniversity of San Diego Patient Advocacy ProgramVoices for Children

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Evaluation Form