Foster Care Updates and Issues LaTrese LeCour, Department of Child and Family Services Melanie Mayeux, Louisiana Department of Education LASAFAP March 27, 2018

Purpose The Title I, Part A (Title I) foster care provisions in ESSA reinforce and complement the landmark Fostering Connection Act efforts to ensure educational stability for foster youth by emphasizing that it is the shared responsibility of education and child welfare agencies in promoting the well-being of children in foster care.

Definition Like ESEA, ESSA defines a child in foster care as follows: »“Foster Care” means 24-hour substitute care for all children placed away from their parents or guardians and for whom the child welfare agency has placement and care responsibility. » Includes placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. » A child is in foster care regardless of whether the foster care facility is licensed and payments are made by the State, Tribal, or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made. (45 C.F.R. § 1355.20(a)).

Definition Who are foster children: » Foster children are children under age 18 that have been abused and/or neglect by their parent or parental caretaker and were deemed unsafe. » Children in the custody of Office of Juvenile Justice are also considered “foster children” as they are in foster care when placed out of the home. » Children in the custody of another state IV-E agency are considered in foster care and their parent resides in another state. » Children in foster care may be an Indian tribe member, from another state or from another country.

Issues That Have Come Up Children not being enrolled due to lack of records; Polices regarding automatic enrollment in an alternative program when child placed in a group home; Incomplete knowledge of educational stability policies; Children with existing IEP not being served (see next slide);

Process Overview and School Notification Below are links to a document that shows foster care educational stability overview and to the school notification form used by DCFS. http://www.louisianabelieves.com/docs/default-source/policy/foster-care-educational-stability-overview.pdf?sfvrsn= http://www.louisianabelieves.com/docs/default-source/policy/school-notification-letter.pdf?sfvrsn=2

School of Origin • Unless it is determined to be in the best interest of the child to change schools, children entering the foster care system or changing placement should remain in his/her school of origin. •The school of origin is the school in which a child is enrolled at the time of entering foster care. • Determination should be made within 5 days to prevent educational discontinuity for the child. To the extent possible and appropriate, the LEA must ensure that child remains in his or her school of origin while the determination is being made.; Latrese – here you can talk about notification procedure.

School of Origin Continued • Relevant agencies should make every effort to reach agreement regarding the school placement. However, if there is disagreement regarding placement, the CWA should be considered final decision maker. To the extent possible and appropriate, the LEA must ensure that child remains in his or her school of origin while disputes are being resolved. • Transportation costs should not be considered when determining a child’s best interest. • If an LEA offers a public preschool education, an LEA must meet the Title I requirements for children in foster care in preschool, including ensuring that a child in foster care remains in his or her preschool of origin, unless a determination is made that it is not in the child’s best interest. (See ESEA section 1111(g)(1)(E)).

Immediate Enrollment and Records Transfer Continued DCFS uses standardized form letter to inform receiving principal regarding transfer of foster child. LEA POC will also receive copy of letter (see slide 7 for link); When a determination is made that remaining in the school of origin is not in a child’s best interest, LEAs must ensure that a child in foster care is immediately enrolled in his or her new school even if the student does not have the required documentation; Child may be enrolled in receiving school by foster parent, case worker, or group home staff member;

Enrollment Continued The enrolling school must then contact the student’s prior school for relevant records. (ESEA section 1111(g)(1)(E)(ii)-(iii)); In accordance with LA R.S. 112, upon the request of any authorized person on behalf of any public or nonpublic school within and outside Louisiana, a school must provide for the transfer of the education records (including special education records) of any student who was previously enrolled at the school. Records must be transferred no later than 10 business days from the date of written request; LEAs should review and revise policies and practices to remove any barriers to immediate enrollment and records transfer for children in foster care.

Applicable references and resources “Students who have been receiving special education in one LEA in Louisiana who transfer to another LEA within Louisiana shall be enrolled in the appropriate special education program in the receiving LEA with the current IEP or the development of a review IEP within five school days of the transfer (Bulletin 1530, Chapter 1, §105, 2(c)”; Some of the roles and responsibilities of the LEA POC may include: Coordinating with the corresponding child welfare agency POC on the implementation of the Title I provisions; Leading the development of a process for making the best interest determination; Documenting the best interest determination; Facilitating the transfer of records and immediate enrollment; Facilitating data sharing with the child welfare agencies, consistent with FERPA and other privacy protocols; Developing and coordinating local transportation procedures; Managing best interest determinations and transportation costs disputes; Ensuring that children in foster care are enrolled in and regularly attending school; and Providing professional development and training to school staff on the Title I provisions and educational needs of children in foster care, as needed.

Applicable Reference Continued When a child with an individualized education program (IEP) from a school district transfers into a new school district, whether in the same State or a different State, and enrolls in a new school in the same school year, the new school district (in consultation with the parents) must initially provide FAPE to the child, including the provision of services comparable to those described in the child’s IEP from the previous school district. 34 CFR §300.323(e)-(f). In the case of an in-State transfer student, the new school district must provide comparable services until the new school district either adopts the child’s IEP from the previous school district or develops and implements a new IEP for the child that meets applicable requirements in State and Federal law. In the case of an out-of-State transfer student, the new school district must provide comparable services until the new school district conducts its own evaluation (if determined to be necessary by the new school district), and develops and implements a new IEP for the child, if appropriate, that meets applicable requirements in State and Federal law.

Best Interest Determination Document http://www.louisianabelieves.com/docs/default-source/policy/louisiana-best-interest-determination-for-school-placement-of-child-in-foster-care-(f).pdf?sfvrsn=2 Remember: Relevant agencies should make every effort to reach agreement regarding the school placement. However, if there is disagreement regarding placement, the CWA should be considered final decision maker. To the extent possible and appropriate, the LEA must ensure that child remains in his or her school of origin while disputes are being resolved.

Transportation An LEA receiving Title I funds must collaborate with the State or local child welfare agency to develop and implement clear written procedures governing how transportation to maintain children in foster care in their schools of origin, when in their best interest, will be provided, arranged, and funded for the duration of the child’s time in foster care (the transportation procedures) (ESEA section 1112(c)(5)(B)). These procedures must ensure that: a. Children in foster care needing transportation to their schools of origin will promptly receive that transportation in a cost effective manner and in accordance with section 475(4)(A) of the Social Security Act; and Hand out draft stability plan.

Transportation Continued B. and if there are additional costs incurred in providing transportation to the school of origin, the LEA will provide such transportation if (1) the local child welfare agency agrees to reimburse the LEA for the cost of such transportation; (2) the LEA agrees to pay for the cost; or (3) the LEA and local child welfare agency agree to share the cost. (ESEA 1112(c)(5)(b)). LEAs and child welfare agencies must develop plans for providing cost-effective transportation when needed to allow students to remain in the same school. Districts can a set-aside funds in Title I for transportation

Transportation Plan Documents http://www.louisianabelieves.com/docs/default-source/policy/louisiana-foster-care-transportation-guidelines-(f).pdf?sfvrsn=2 Transportation plans were due 2/22/17.

Questions???

Resources 1. Non-Regulatory Guidance: Ensuring Educational stability for Children in Foster Care. https://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf 2. Legal Center for Foster Care & Education: http://www.fostercareandeducation.org/OurWork/NationalWorkingGroup.aspx 3. Dear Colleague Letter issued by Office of Special Education and Rehabilitation Services on highly mobile children with disabilities. https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/12-0392dclhighlymobile.pdf 4. Foster Care Section of LDOE website (bottom of page) http://www.louisianabelieves.com/resources/library/school-policy 5. https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/12-0392dclhighlymobile.pdf

Contacts Melanie.Mayeux@la.gov – LDOE Foster Care POC LaTrese.LeCour@la.gov – DCFS Foster Care POC