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Danielle Tenner

Education Program Associate Director

Alliance for Children’s Rights

Supporting Foster Youth in

School: An Overview of

Laws and Helpful Tips

February 22, 2017

Overview of Topics

• Foster Youth & School

• Foster Youth Definitions

• Education Rights Holders

• Foster Youth Education Rights

– School of Origin

– Immediate Enrollment

– Partial Credits

– AB 167

Foster Youth Education Toolkit

Overview

● Table of Contents: wide variety of topics covered (page 4)

● Each section includes: 1) basics of the law; 2) best practice steps to implement the law; and 3) tools to make implementation easier

● Tools are downloadable in fillable PDFs or word format so districts can modify them any way they want

● The toolkit is designed to give you local control required by LCFF

● The Toolkit is a Blueprint that you can use to start a conversation

3www.kids-alliance.org/edtoolkit

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• High Rates of School Mobility: 1/3 of foster youth attend 2 or more schools during a single school year compared to 7% of students statewide.

• Low Test Scores: Just 19% of foster youth score proficient or above in English language arts on the California Assessment of Student Performance and Progress ("CAASPP"), compared to 44% of students statewide. Similarly, 12% of foster youth score proficient or higher on the math portion compared with 33% of students statewide.

• High Dropout Rates and Low Graduation Rates: Foster youth have the highest dropout and the lowest graduation rates. The single year dropout rate for students in foster care is 8%, compared with 3% of students statewide. Likewise, just 58% of students in foster care graduate from high school compared with 84% of students statewide.

Foster Youth Education Outcomes

Who is a foster youth? (p.7)

Who is a foster youth? (p.7)

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Who are “foster youth”?

Brianna is living with her biological parents

in a “family maintenance” arrangement. A

WIC § 300 case is open.

– LCFF “foster youth”?

– YES

– AB 490 “foster youth”?

– YES

Who are “foster youth”?

Calvin was adopted through the dependency

system three months ago.

– LCFF “foster youth”?

– NO

– AB 490 “foster youth”?

– NO

Who are “foster youth”?

Melanie has a delinquency case open, and

has been sent home to live with parents.

– LCFF “foster youth”?

– NO

– AB 490 “foster youth”?

– YES

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Education Rights Holders (ERH)

• ERHs are individuals with the legal authority to make education decisions and access education records. All youth must have an ERH, including kids 0-5.

• ERHs have a right to written notice of and to make decisions regarding: – School enrollment, including transfers to alternative schools

– School of origin

– High school graduation, including AB 167/216– Special education, including decisions regarding assessments and

consenting to an Individualized Education Program (“IEP”)

– Early intervention, including decisions regarding assessments and consenting to an Individualized Family Service Plan (“IFSP”) and

– School discipline.

For more information on ERHs, see Foster Youth Education Toolkit pages 8-9

Education Rights Holders (ERH)

• A biological parent holds education rights until the court limits or revokes these rights.

• A court may limit the education rights of a biological parent if the parent is unwilling or unavailable to make education decisions, or to otherwise protect the child.

Who Can and Can’t be the ERH?

• If the biological parents cannot serve as ERHs, the court can appoint any of the following people:

– Foster parent

– Relative caregiver

– Court Appointed Special Advocate (CASA)

– Community member with a relationship to the youth

• The following persons can NEVER serve as an ERH:

– Group home staff

– Case-carrying social workers

– Probation officers

– Other professionals involved with the youth (e.g., education attorneys)

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Education Rights Holders

• Children need an education rights holder from

birth until their 18th birthday, when they hold their

own education rights.

• Co-ERHs– What if a biological parent wants to retain education rights but is

not currently available to make decisions or attend meetings?

– The court may appoint a second person to hold education rights

together with the biological parent.

Common ERH Issues

• Don’t know who ERH is

• Don’t have ERH contact info

• ERH is non responsive or no longer wants to hold education rights

See Foster Youth Education Toolkit pages 8-9

School of Origin Laws

Toolkit, page 19

Foster youth transfer schools an

average of eight times while in

foster care, losing four to six

months of learning each time.

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School of Origin Laws

Foster youth have a right to remain in their school of origin

if it is in their best interest, as determined by their ERH.

School of origin is the default. Before making any

recommendation to move a foster youth from their school

of origin, the district's AB 490 Liaison must provide the

youth and their ERH with a written explanation of how it is

in the youth's best interests not to stay in their school of

origin.

Further, a youth cannot be moved from their school of

origin until after a written waiver of this right is obtained by

the school district from the ERH.

School of Origin Laws

A youth’s school(s) of origin includes:

(1) the school the youth attended at the time they entered the foster care and/or

probation system(s);

(2) the school the youth most recently attended; or

(3) any school the youth attended in the preceding 15 months with which they

have a connection (e.g., sports team, relationships with peers or teachers).

Feeder Patterns: If youth are transitioning between elementary and middle or

middle and high school, school of origin includes the next school within the

district’s feeder pattern.

Scope: Applies to all schools, including magnet and charter schools.

Duration: If a youth’s court case closes while they are in elementary or middle

school, they have a right to remain in their school of origin until the end of the

current school year. If youth are in high school when their case closes, they

have a right to remain in their school of origin until they graduate from high

school.

• Many foster parents are eligible for funding from their local child protective

services agency if they transport a youth to their school of origin after a

placement change. See All County Letter 11-51, page 3 and All County Letter

13- 03, page 2 for funding rates.

• Under CCR, STRTP core services include transportation to school, including

school of origin.

• Under the Every Student Succeeds Act (ESSA), school districts must work

with child welfare agencies to ensure a youth is transported to their school or

origin. Written procedures outlining how transportation costs will be shared

must be in place as of December 10, 2016.

• Dispute Resolution: If there is a dispute regarding a youth’s right to remain in

a school of origin, the youth has a right to remain in that school until the

dispute is resolved.

School of Origin Laws -

Transportation

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Transportation

• Reimbursement from child welfare agency: ACL 13-03

School Of Origin

Joey moved homes 18 months ago and his current caregiver would like him to return to his previous school, Franklin Elementary School.

• Is Franklin a SOO for Joey? – Yes

• Can Joey’s CG make the decision about returning him to his SOO?– No

• Does she have a right to transportation reimbursement? – Yes

• If so, from who and how much?– Contact CSW to seek reimbursement

– Amount depends on mileage

School Of Origin

Michael wants to return to Hoover High School, which he attended 13 months ago. Michael expressed feeling a connection there, to his football team and coach. His education rights holder is not exactly thrilled by this suggestion because Michael didn’t pass all his classes while he was there.

• Is Hoover legally a SOO for Michael?

– Yes

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School Of Origin

Samantha just moved home with her parents but would like to return to her prior school, Madison Middle School.

• Can she?

– Yes

• Would her parents have a right to transportation reimbursement assistance from the county child welfare agency?

– No

School Of Origin

DeAndre has an IEP which requires that he be transported to Ford Elementary School since that is the only school in his district which has the SDC class he needs. He recently moved out of the district, to a neighboring district just 5 miles away. His education rights holder has looked at the SDC offered in the new district and doesn’t like it as much as Ford.

• Can his education rights holder assert DeAndre’s right to attend Ford as his SOO? – Yes

• Who pays for transportation?– The district where Ford is located is responsible for providing

transportation, as required by the IEP, although Ford can work with the new district of residence to share costs.

Common Issues

• How far is too far?

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Foster youth have the right to:

• Immediate enrollment in their local comprehensive public school if their ERH

decides it is in their best interest, even if they do not have any of the required

documents (e.g., transcripts, immunization records, proof of residence). Immediate

enrollment rights also apply to charter schools.

• Enrollment in the same or equivalent classes they took at their old school, even if

they are transferring mid semester. Youth cannot be enrolled in all or a majority of

elective classes or forced to re-take a class they have already passed unless their

ERH agrees that it is in their best interest.

• Equal participation in extra-curricular activities regardless of try-outs or sign-up

deadlines (e.g., sports, tutoring).

• Not be forced to attend a continuation school, adult school, or independent

study program, even if they are not on track for high school graduation, have failing

grades, or have behavior problems.

Limited Exceptions: If they have an IEP requiring a different placement or have been expelled or

transferred to an alternative school after a formal hearing and school board decision.

Immediate Enrollment (p.14)

Common Issues

• Student had previous disciplinary issues at the

school

• Student is credit deficient

• Student asks for smaller environment

• Student has not been “checked out” of prior

school

• Student is about to turn 19

Partial Credits

• Right to partial credits when transferring high schools mid-semester

• Sending school duties– Award partial credits based on check-out grades determined as

of the last day of actual in-seat attendance

• Receiving school duties– Accept partial credits and apply them to the same/equivalent

graduation requirement

– Student cannot be required to retake a course if it would throw them off-track of high school graduation

– Right to enroll in same/equivalent courses

– Right to take/retake A-G courses or any other courses that other students are eligible to take

For more information, see the Partial Credit Model Policy in the Foster Youth Education Toolkit pages 44-48

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Grades

• Frades cannot be lowered due to:

– Court appearances

– Court ordered activities (e.g., therapy)

– Changes in placement

• A student cannot be required to make-up work they

missed prior to enrolling in a new school

• A student’s grade cannot be lowered for days they

were officially enrolled but not actually attending a

school due to already having moved to a new

home (i.e., last day of actual in-seat attendance)

Partial Credit Model

Policy

• Districts have a duty to have a policy

• If they don’t have one, they can adopt the

model policy

What can you?

• Request additional records. With authorization from an ERH, schools must provide records within 5 business days.

• Review transcripts with the youth and identify gaps in credit history. Every enrollment period of approximately 2 weeks should result in credit if courses were being passed.

• Request checkout grades and partial credits using the Uniform Complaint Procedures Process.

Partial Credit Model

Policy

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AB 167/216 Graduation

• Foster youth who transfer high schools after their second

year may graduate by completing minimum state

graduation requirements if, at the time of transfer, they

cannot reasonably complete additional local school

district requirements within four years of high school.

• AB 167 applies to any school operated by the LEA,

including adult schools.

• Toolkit, page 60

AB 167/216 Graduation

• WHO QUALIFIES: AB 167/216 graduation applies to any youth in foster care or on probation who is either removed from their home under Cal. Welf. & Inst. Code § 309 or subject to a petition under Cal. Welf. & Inst. Code § 300 or 602, regardless of where they live.

• TRANSFER SCHOOLS AFTER SECOND YEAR: To determine whether a youth completed their second year of high school, schools must use either the length of enrollment or the number of credits earned, whichever method will make the youth more likely to be eligible.

AB 167/216 Graduation

GRADUATION OPTIONS

(1)Accept the exemption and graduate using minimum state

requirements.

(2)Reject the exemption and graduate using school district requirements.

(3)Remain in high school a 5th year to complete all school district

requirements. Youth have a right to remain for a 5th year even if they

turn 19 years old.

(4)Acknowledge eligibility but defer decision until a later date. Regardless

of the graduation option chosen, youth graduate receiving a normal

high school diploma.

LENGTH OF ELIGIBILITY: Once eligible, always eligible.

RECONSIDERATION If a youth is found ineligible for AB 167/216

graduation when they transfer schools, they can request that the school

reconsider the decision at any time.

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NOTIFICATION REQUIREMENTS

The new school district must determine whether a foster youth is eligible to graduate under AB 167/216 within 30 days of the youth’s transfer into a new school.

This must be provided in writing to the youth, their ERH, and social worker/probation officer within 30 days of enrollment.

Eligibility can be determined retroactively

AB 167/216 Graduation

AB 167/216 Graduation

WHO DECIDES?

The Education Rights Holder.

MILITARY SERVICE: AB 167/216 diplomas

constitute normal high school diplomas and

should allow students to fall into priority

enlistment categories for Military Service.

AB 167/216 Graduation

Joey is a senior this year. He was in foster care and moved home to his parents 8 months ago and changed schools at the same time. He was never determined to be AB 167/216 eligible. His case is now closed. • Putting aside reasonableness, does Joey meet all

other eligibility requirements? – Yes

• Does the district have a duty to go back and retroactively determine his eligibility?– Yes, AB 1166 now requires it

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AB 167/216 Graduation

Michael missed his 10th and 11th grade years

of school due to homelessness. He

returned to school as a senior this year but

had to attend a new school, closer to the

shelter where he lives.

• Has Michael completed his 2nd year of

high school?

– Yes

AB 167/216 Graduation

Samantha was certified as eligible for AB 167/216 graduation and was so excited to graduate with her class. She just received her diploma in the mail and it has an asterisk on it which states it’s a ‘Foster Youth Diploma’. • Is this legal?

– No

• If Samantha wants to join the military, will her graduation under AB 167/216 impact her ability to do so?– No

• If Samantha wants to go to a 4 year university, will her graduation under AB 167/216 impact her ability to do so?– Maybe

What Can Caregivers Do?

• Identify juniors and seniors who have moved

schools

• Request certification from the school

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Pros

• Receive a regular high school

diploma.

• Graduate on time with your

classmates.

• May be eligible to attend

community college for free.

Cons

• Usually not eligible to apply to 4 year

universities in California right after high

school.

• May make it more difficult to remain AB

12 eligible.

• Lose learning opportunities and

supports offered by high school.

• No longer eligible for extra-curricular

high school activities, including sports.

Review Pros & Cons

AB 379

• AB 379 makes all foster/probation youth education laws enforceable

• The process for enforcement is the Uniform Complaint Procedures Act

• Students/ERHs first file with the school district itself and can appeal to the California Department of Education.

Danielle Tenner

Education Program

Associate Director

d.tenner@kids-alliance.org

213.368.6010 ext 114

Questions?

Contact us