Presentation on theme: "EDUCATION: AB 490 Impact on Foster Youth & CSW’s Responsibilities"— Presentation transcript:
1 EDUCATION: AB 490 Impact on Foster Youth & CSW’s Responsibilities Los Angeles County Department of Children and Family Services
2 AB 490 directly affects … Children/Youth in … Foster Homes ofRelativesNon-relativesGroup HomesProbation PlacementsChildren’s “Best Interest” now includes the Child’s educational needs.
3 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.
4 How has AB 490 affected the Foster Parent’s role in the educational process? The Foster Parent can only represent the interestsof the Child when the Juvenile Court has limited the rights of the Parent to make educational decisionsANDThe Foster Parent is designated as the “responsible adult” prior to the child’s planned permanent living arrangement orderORThe Child is ordered into a planned permanent living arrangement.** FYI Appointment of Foster Parents to make educational decisions.
5 AB 490 has 9 main points for CSWs to implement They are …
6 1. Each Child has the right to a free public education… In the least restrictive educational programs.With equal access to academic resources, services, extracurricular and enrichment activities.
7 2. Each Child has the right to have consideration given to Out-of-Home Placement that is closest to their School of OriginWhen 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 orclose to the School of Origin
8 3. Each school district is to provide an LEA Education Liaison for Foster Children Education Liaison can facilitate and ensure:Immediate enrollment in schoolAppropriate school placementOfficial checkout for transferTransfer of school recordsResponds to inquiries from the CSW,the Holder of Educational Rights,the Caregiver, and the Child’s Attorney
9 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.
10 4. What is the School of Origin? It means the school:the child attended when permanently housed;in which the child was last enrolled; orthe school in which the child has a connection – based on child’s best interest
11 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.
12 The Parent/Holder of Educational Rights has the following 2 options: 4. ContinuedThe Parent/Holder of Educational Rights has the following 2 options:1st OptionKeep the Child in his/herSchool of Origin2nd OptionTransfer the Child to aNew School
13 4. Continued The School of Origin Decision One factor to consider is the availability of transportationbetween the Child’s placement and the school. The holderof the child’s educational rights has the authority torequest that the school district provide transportation.If the school district is unable to provide transportation:Determine …If the Caregiver can provide transportation.If transportation is not possible, consider alternative transportation options to ensure school stability.
14 1st Option – Remain in the School of Origin 4. Continued1st Option – Remain in the School of OriginIf any dispute arises regarding therequest for a Child to remain inhis/her School of Origin, the Childhas the right to remain in the Schoolof Origin pending resolution of thedispute.
15 2nd Option – Transfer to a New School 4. Continued2nd Option – Transfer to a New SchoolIf the decision is for the Child to transfer to a New School, the reasons must be documented in:CWS/CMSCase PlanCourt Report
16 4. Continued School’s Responsibilities Regarding the Transfer of Records Determine seat timeCalculate full or partial credits earnedIdentify current classes in which the student is enrolledFinalize gradesRelay IEP or 504 PlanInclude immunization recordsTransfer “CUM” (the Child’s entire school record) to the NEW SCHOOLAllow the student, CSW, or designee to collect the student’s personal propertyThe School of Origin must transfer Child out/transfer records to New School withinTWO business days of the CSW’s notification (on the DCFS 1399) and perform the following functions:
17 4. Continued – DCFS responsibilities when a Child is moving 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.
18 When transferring a Child from their School, 4. ContinuedCSW Best Practice:When transferring a Child from their School,Pick up Child’s personal property.Allow Child, teacher, and peers to say goodbye.
19 5. Each Child has the right to immediate school enrollment in their new school Immediate enrollment does not require:Immunization recordsPrior academic recordsProof of residencyPayment of school finesUniformsHowever, these items must be provided ASAP.School enrollment is the “same day”and attendance should coincide withthe child’s current track schedule inorder that the child is ensuredcompletion of a full school year.
20 6. Each Child has the right to receive full and partial course credits at their New School … for past coursework satisfactorily completedin:Public SchoolJuvenile Court SchoolNonpublic SchoolNonsectarian School
21 6. Continued CSW should …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.
22 7. Each Child has the right to attend court hearings during school time … without being penalized by their schoolA Child’s grades cannot belowered due to: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.
23 7. Continued CSW has the responsibility to … Inform the school of:placement changes and contact informationAs needed, provide documentation of:court appearance datescourt ordered activityBest Practice -Review attendance and grade recordsto ensure Child was not penalized.
24 8. CSW has the right to access certain school records 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:Grades/credit transcriptAttendanceImmunizationsStandardized test scoresIEP, if applicable
25 8. ContinuedHOWEVER,Some school districts may still require authorization from a parent/the person with educational rights or the court.In these cases . . .Obtain the signature of the person holding educational rights on the DCFS 179 Section B.-OR-Request authorization from the court and attach a redacted minute order to all requests submitted to the school for records/information.
26 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.
27 Conclusion: AB 490 related forms CSW is to…Complete Parental Consent and Authorization for Medical Care and Release of Health and Education Records.Complete and disseminate DCFS 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.Complete and send to the School of Origin DCFS Request for School Report.Include educational information on the DCFS 280 and 709, as appropriate.DCFS School FAX Cover SheetUpdate Health and Education Passport on CWS/CMS.Click your mouse to see next slide
28 For Additional Information Consult with County CounselLink: Office of the County CounselList of LEA Educational Liaison for Foster ChildrenLink:List of Los Angeles County SchoolsLink: Education ResourcesList of Los Angeles Unified SchoolsLink: Los Angeles County School DistrictsClick your mouse to see next slide
29 For Additional Information Consult with County CounselLAKids – go to Health and Education icon for forms, policies, School of Origin DCFS PowerPoint.Link: Health & EducationDCFS FYIs:FYI 02-47, Appointment of Foster Parents to Make Educational DecisionsLink: Appointment of Foster ParentsFYI 04-10, What CSWs Need to Include in Court Reports Regarding a Child’sEducationLink: What CSWs Need to IncludeFYI 04-19, Educational StabilityLink: Educational StabilityClick your mouse to see next slide
30 Developed in Collaboration with: Los Angeles County Department of Children and Family ServicesOffice of the County CounselChildren’s Law Center of Los AngelesLos Angeles Unified School DistrictAugust 17, 2004