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

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

2. A Project of the Training Subcommittee of the Juvenile Court Dependency Project Honorable Susan Huguenor, Supervising Judge, Dependency Court

3. Training Subcommittee Margaret 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.

4. 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

5. How Do These Experiences Manifest? • Inattention • Disruptiveness • Inability to follow directions • Anger • Aggression • Impulsivity • Poor social skills • Depression, loss of hope

6. 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.

7. 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.

8. 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.

9. Why Are We Concerned About the Education of Foster Youth? Review of Studies Show. . . • 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

10. Barriers to Educational Success Constant 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.

11. 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.

12. 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. . .

13. 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)

14. 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)

15. EDUCATION RIGHTS

16. 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

17. EDUCATION RIGHTS • Parents/ guardians hold educational rights for their children. • When parents are unwilling or unable to exercise their educational rights. . .

18. EDUCATION RIGHTS Placing agency must consider whether right of parent/guardian to make these decisions should be limited. If recommendation is made, court reportshallidentify whether a responsible person is available to assume those rights. Education Code 358.1, 366.1, 727.2

19. 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:

20. 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

21. EDUCATION RIGHTS Responsible adult might be: • Foster parent • Relative caregiver • CASA • Other important adults in the youth’s life

22. 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)

23. 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

24. 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

25. Education RightsJV 535, 536 • Mandatory Judicial Council forms • Role of Placing Agency • Role of Juvenile Court • Role of School District

26. Records

27. 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.

28. 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)

29. Transfer Out and Enrollment Procedures

30. Timely Transfers Efficient and timely transfers are the responsibility of both the county placing agency and the school district. EC 49069.5(b)

31. 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)

32. Timely Transfers Old 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)

33. 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)

34. 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.

35. 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)

36. 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 days EC 48853.5(b)

37. 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 writtenexplanation stating basis for recommendation and how this serves the child’s best interest. EC 48853.5(d)(2)(3)

38. 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)

39. Attendance

40. 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.

41. 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

42. 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)

43. Educational Placement

44. 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)

45. 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)

46. 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)

47. 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 education EC 48853(f)

48. 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)

49. School Stability Right 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)

50. School Stability • 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)