Transcript Document 7202698

Improving the Educational
Success of San Diego
County’s Foster Youth
1
A Project of the Training
Subcommittee of the Juvenile Court
Dependency Project
Honorable Susan Huguenor,
Supervising Judge, Dependency Court
2
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.
3
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
4
How Do These Experiences
Manifest?

Inattention
 Disruptiveness
 Inability to follow directions
 Anger
 Aggression
 Impulsivity
 Poor social skills
 Depression, loss of hope
5
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.
6
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.
7
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.
8
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
9
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.
10
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.
11
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. . .
12
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)
13
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)
14
EDUCATION RIGHTS
15
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
16
EDUCATION RIGHTS

Parents/ guardians hold educational rights for
their children.

When parents are unwilling or unable to exercise
their educational rights. . .
17
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
18
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:
19
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
20
EDUCATION RIGHTS
Responsible adult might be:
 Foster
parent
 Relative
caregiver
 CASA
 Other
important adults in the youth’s life
21
EDUCATION RIGHTS
Child 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)
22
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
23
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
24
Education Rights
JV 535, 536

Mandatory Judicial Council forms

Role of Placing Agency

Role of Juvenile Court

Role of School District
25
Records
26
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-todate.
27
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)
28
Transfer Out and Enrollment
Procedures
29
Timely Transfers
Efficient and timely transfers are the
responsibility of both the county placing
agency and the school district.
EC 49069.5(b)
30
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)
31
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)
32
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)
33
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.
34
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)
35
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)
36
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)
37
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)
38
Attendance
39
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 selfconfidence.
 Frequent interaction with the same peers
builds social skills.
40
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
41
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)
42
Educational Placement
43
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)
44
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)
45
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)
46
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)
47
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)
48
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)
49
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)
50
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.
51
McKinney-Vento Homeless
Assistance 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)
52
McKinney-Vento Homeless
Assistance 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.
53
McKinney-Vento Homeless
Assistance 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)
54
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.
55
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.
56
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.
57
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
58
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.
59
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.
60
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.
61
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.
62
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.

63
Other Support Services And
Programs
64
After-School Programs

Before and After School Learning and Safe
Neighborhood Partnership Program
(BASLSNPP)
 Critical Hours program
 Friday Night Live
65
Secondary Educational Programs

ROP - Regional Occupational Program, for ages
16 through adult.
 AVID - Advancement Via Individual
Determination, for students in middle and high
school.
66
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. . .
67
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
68
Regional Center

Children with developmental disabilities

Autism, Cerebral Palsy, Epilepsy, Mental Retardation

Service Coordination
 Advocacy to assist persons in securing
educational services
69
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
70
Key Roles And
Responsibilities
Improving Educational Success
71
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.
72
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
73
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.
74
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.
75
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.
76
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.
77
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.
78
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.
79
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
80
Thanks!
Special thanks to the following San Diego organizations,
whose staff participated wholeheartedly in this project
Area Board XIII
Casey Family Programs
Foster Youth Services, SDCOE
Grossmont Community College District
Health and Human Services Agency
Office of the Public Defender, Dependency Court
University of San Diego Patient Advocacy Program
Voices for Children
81
Evaluation Form
82