Transcript EDUCATION:

EDUCATION:
AB 490
Impact on Foster Youth &
CSW’s Responsibilities
Los Angeles County Department of Children and Family Services
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AB 490 directly affects …
Children/Youth in …
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Foster Homes of
Relatives
Non-relatives
Group Homes
Probation Placements
Children’s “Best Interest” now includes
the Child’s educational needs.
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How has AB 490 affected the Parent’s
role in the educational process?
A Parent always keeps his/her child’s
educational rights, even if the child is
in foster care, unless the court makes
a legal determination to limit the
educational rights.
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How has AB 490 affected the Foster
Parent’s role in the educational process?
The Foster Parent can only represent the interests
of the Child when the Juvenile Court has limited the
rights of the Parent to make educational decisions
AND
The Foster Parent is designated as the “responsible
adult” prior to the child’s planned permanent living
arrangement order
OR
The Child is ordered into a planned permanent living
arrangement.*
* FYI 02-47 - Appointment of Foster Parents to make educational decisions.
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AB 490
has 9 main points
for
CSWs to implement
They are …
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1. Each Child has the right to a free public
education…
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In the least restrictive
educational programs.
With equal access to academic
resources, services,
extracurricular and enrichment
activities.
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2. Each Child has the right to have consideration
given to Out-of-Home Placement that is closest
to their School of Origin
When selecting out-of-home placements, the CSW must
consider placing with:
- Non-Custodial Parent
- Relatives, Non-related extended family members, Tribal members
- Siblings
- Placements near the Parent’s home
- New Law: A home in the attendance area of the School of Origin or
close to the School of Origin
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3. Each school district is to provide an LEA
Education Liaison for Foster Children
Education Liaison can facilitate and ensure:
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Immediate enrollment in school
Appropriate school placement
Official checkout for transfer
Transfer of school records
Responds to inquiries from the CSW,
the Holder of Educational Rights,
the Caregiver, and the Child’s Attorney
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4. Each Child has the right to remain in his/her
School of Origin
Following any placement change,
each Child has the right to remain
in his/her School of Origin until the
end of the current school year.
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4. What is the School of Origin?
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It means the school:
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the child attended when
permanently housed;
in which the child was
last enrolled; or
the school in which the
child has a connection –
based on child’s best
interest
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4. Continued
The School of Origin Decision
The holder of the child’s educational rights shall
determine if it is in the child’s best interest to
remain in the School of Origin or to waive that
right.
The CSW can refer that person to the
Educational Liaison for Foster Children at the
School of Origin to discuss issues related to
which school the child will attend.
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4. Continued
The Parent/Holder of Educational Rights
has the following 2 options:
1st Option
Keep the Child in his/her
School of Origin
2nd Option
Transfer the Child to a
New School
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4. Continued
The School of Origin Decision
One factor to consider is the availability of transportation
between the Child’s placement and the school. The holder
of the child’s educational rights has the authority to
request that the school district provide transportation.
If the school district is unable to provide transportation:
Determine …
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If the Caregiver can provide transportation.
If transportation is not possible, consider alternative
transportation options to ensure school stability.
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4. Continued
1st Option – Remain in the School of Origin
If any dispute arises regarding the
request for a Child to remain in
his/her School of Origin, the Child
has the right to remain in the School
of Origin pending resolution of the
dispute.
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4. Continued
2nd Option – Transfer to a New School
If the decision is for the Child to
transfer to a New School, the
reasons must be documented in:
 CWS/CMS
 Case Plan
 Court Report
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4. Continued
School’s Responsibilities Regarding the Transfer
of Records
The School of Origin must
transfer Child out/transfer
records to New School within
TWO business days of the
CSW’s notification (on the DCFS
1399) and perform the
following functions:
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Determine seat time
Calculate full or partial credits
earned
Identify current classes in
which the student is enrolled
Finalize grades
Relay IEP or 504 Plan
Include immunization records
Transfer “CUM” (the Child’s
entire school record) to the
NEW SCHOOL
Allow the student, CSW, or
designee to collect the
student’s personal property
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4. Continued –
DCFS responsibilities when a Child is moving
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As soon as the CSW is aware that the Child will
need to transfer to a new school, the CSW has
the responsibility to notify the School of Origin of
the child’s foster care status, residence change
date, and request that the child’s school records
be transferred to the new school.
Complete DCFS 1399 – Notification to School of Pupil’s
Foster Care Status and Request for Transfer of Pupil and
Appropriate Records from the “School of Origin” to the
New School.
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4. Continued
CSW Best Practice:
When transferring a Child from
their School,
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Pick up Child’s personal
property.
Allow Child, teacher, and
peers to say goodbye.
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5. Each Child has the right to immediate school
enrollment in their new school
Immediate enrollment does not require:
Immunization records
 Prior academic records
 Proof of residency
 Payment of school fines
 Uniforms
However, these items must be provided ASAP.

School enrollment is the “same day”
and attendance should coincide with
the child’s current track schedule in
order that the child is ensured
completion of a full school year.
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6. Each Child has the right to receive full and
partial course credits at their New School …
for past coursework satisfactorily completed
in:
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Public School
Juvenile Court School
Nonpublic School
Nonsectarian School
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6. Continued
CSW should …
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Verify with the New School that all transferred credits
have been accepted.
Ensure that full and partial coursework credits have
been applied to calculations for graduation.
Advocate for Youth’s high school graduation.
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7. Each Child has the right to attend court
hearings during school time …
without being penalized by their school
A Child’s grades cannot be
lowered due to:
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Placement changes - The
grades and credits will be
calculated as of the date
the Child left school.
Court appearances – e.g.
Child should be permitted
to turn in assignments,
take make-up tests, etc.
Court ordered activities.
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7. Continued
CSW has the responsibility to …
Inform the school of:
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placement changes and contact
information
As needed, provide documentation of:
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court appearance dates
court ordered activity
Best Practice Review attendance and grade records
to ensure Child was not penalized.
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8. CSW has the right to access certain school
records
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AB 490 gives authority to the “County Placing Agency”
(DCFS) to receive certain school records without parental
consent or a court order.
These records include:
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Grades/credit transcript
Attendance
Immunizations
Standardized test scores
IEP, if applicable
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8. Continued
HOWEVER,
Some school districts may still require
authorization from a parent/the person with
educational rights or the court.
In these cases . . .
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Obtain the signature of the person holding
educational rights on the DCFS 179 Section B.
-ORRequest authorization from the court and attach
a redacted minute order to all requests submitted
to the school for records/information.
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9. CSW has the right to consent to and access
the “Quality of Life Assessment” for Children…
… who have developmental
disabilities and who are
receiving Regional Center
Services.
The CSW is authorized to
receive a copy of the Quality
of Life assessment.
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Conclusion: AB 490 related forms
CSW is to…
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Complete 179 - Parental Consent and Authorization for Medical
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Care and Release of Health and Education Records.
Complete and disseminate DCFS 1399 - Notification to School
of Pupil’s Foster Care Status and Request for Transfer of Pupil and
Appropriate Records from the “School of Origin” to the New School.
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Complete and send to the School of Origin DCFS 1726 -
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Request for School Report.
Include educational information on the DCFS 280 and
709, as appropriate.
DCFS School FAX Cover Sheet
Update Health and Education Passport on CWS/CMS.
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For Additional Information
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Consult with County Counsel
Link: Office of the County Counsel
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List of LEA Educational Liaison for Foster Children
Link:
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List of Los Angeles County Schools
Link: Education Resources
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List of Los Angeles Unified Schools
Link: Los Angeles County School Districts
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For Additional Information
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Consult with County Counsel
LAKids – go to Health and Education icon for forms, policies,
School of Origin DCFS PowerPoint.
Link: Health & Education
DCFS FYIs:
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FYI 02-47, Appointment of Foster Parents to Make Educational Decisions
Link: Appointment of Foster Parents
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FYI 04-10, What CSWs Need to Include in Court Reports Regarding a Child’s
Education
Link: What CSWs Need to Include
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FYI 04-19, Educational Stability
Link: Educational Stability
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Developed in Collaboration with:
Los Angeles County Department of Children and Family Services
Office of the County Counsel
Children’s Law Center of Los Angeles
Los Angeles Unified School District
August 17, 2004
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