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Identifying Obstacles and Creating Solutions for Successful Educational
OutcomesMarch 10, 2014
Debora Torres, MSWDCF Education Stability Liaison Field CoordinatorOffice of Educational Support and Programs
Natasha PalmerDOE Educational Program Development Specialist
Danielle Anderson-ThomasDOE CoordinatorEducation for Homeless Children and Youth Program Migrant Education Program
Dot ShelmetDOE Planning AssociateOffice 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 1.29.14www.fostercareandeducation.org/NationalWork/National/WorkGroup.aspx/January2014
Education ProvisionsRequires 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.
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).
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 PARENT IDENTIFICATION LETTER
CONFIDENTIAL For Official Use Only Child: Date of Birth: CP&P CASE ID#: MEDICAID #: TO WHOM IT MAY CONCERN: ON THE ABOVE NAMED CHILD WAS PLACED IN THE DIVISION OF CHILD PROTECTION & PERMANENCY APPROVED RESOURCE FAMILY PARENT HOME OF: NAME: ADDRESS: TELEPHONE NUMBER: THIS IS TO CERTIFY THAT THIS RESOURCE FAMILY PARENT IS AUTHORIZED TO:
REGISTER THE ABOVE NAMED CHILD IN SCHOOL. WORK IN COOPERATION WITH SCHOOL PERSONNEL IN THEIR PROCESS OF DEVELOPING AN
APPROPRIATE EDUCATIONAL PROGRAM FOR THE CHILD. PRESENT THIS LETTER AS DOCUMENTATION THAT THE ABOVE-NAMED CHILD IS ENTITLED TO FREE
MEALS AT HIS OR HER SCHOOL WITHOUT FURTHER APPLICATION AS PER THE FEDERAL HEALTHY, HUNGER-FREE KIDS ACT OF 2010, P.L. 111-296.
PROVIDE CONSENT TO ROUTINE MEDICAL/ DENTAL/ THERAPEUTIC/ PHARMACY SERVICES FOR THE CHILD (WITH A VALID MEDICAID CARD), WHEN THE PARENT OR LEGAL GUARDIAN IS NOT AVAILABLE.
PROVIDE CONSENT TO EMERGENCY MEDICAL CARE ONLY WHEN CP&P CANNOT BE CONTACTED. THE PARENT, LEGAL GUARDIAN OR CP&P PROVIDES CONSENT FOR EMERGENCY MEDICAL CARE. THE RESOURCE PARENT MAY CONSENT TO EMERGENCY CARE ONLY WHEN IMMEDIATE CONSENT IS ESSENTIAL AND CP&P CANNOT BE CONTACTED WITHIN THE TIME AVAILABLE; CP&P MUST BE NOTIFIED AS SOON AS POSSIBLE.
OBTAIN OTHER SOCIAL SERVICES AS REQUIRED FOR THE CHILD. NOTICE ANY INDIVIDUAL WHO HAS QUESTIONS ABOUT THE IDENTITY OF THE BEARER OF THIS LETTER OR THE Local Phone #: CHILD WHOM HE/ SHE REPRESENTS SHOULD CONTACT THE CP&P LOCAL OFFICE. (After hours 877 NJ ABUSE (877-652-2873)
or 800-792-8610; or TTY-TDD at 800-835-5510)
_____________________________________________ Subscribed and sworn to before me this Local Office Manager/ Designee Signature _______ day of _________________, 20__ _____________________________________________ ____________________________________ Local Office Manager/ Designee Name (Notary Public of New Jersey)
VALID FOR SIX MONTHS FROM DATE NOTARIZED
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:22-4.1(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 SCHOOLSDistance: No limitCost: No limit
NONPUBLIC SCHOOLSDistance: 20 miles (in most cases)Cost: $884 per student per year CHARTER SCHOOLSDistance: 20 miles, if student lives outside district or region of charter schoolCost: $884, if student lives outside of district or region of charter school CHOICE SCHOOLSDistance: 20 milesCost: $884 per student per year SPECIAL EDUCATIONDistance: No limitCost: No limit
DISTRICT OWNED TRANSPORTATION VEHICLES Districts may purchase or lease vehicles. A district coordinator/supervisor then routes, schedules and coordinates all transportation.
CONTRACTED TRANSPORTATION The board of education hires a contractor to transport students in accordance with their contract specifications.
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.
COORDINATED TRANSPORTATION SERVICES AGENCIESCoordinated transportation services agencies (CTSAs) may provide or offer transportation for school students under agreements with participating districts.
COMMON CARRIERA 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.
TAXIA 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 [email protected]
Colleen Otremsky, Education Support Specialist 609-888-7158 [email protected]
Michele Safrin, Administrator 609-888-7375
http://www.nj.gov/dcf/families/educational/stability/
DOE Danielle Anderson-Thomas,
Coordinator Education for Homeless Children and Youth Program Migrant Education Program 609 984-4974
http://www.state.nj.us/education/students/safety/edservices/stability/
Office of School Finance(609) 984-5757 [email protected]
http://www.nj.gov/education/finance/transportation/
