Identifying Obstacles and Creating Solutions for Successful Educational Outcomes March 10, 2014

Debora Torres, MSW DCF Education Stability Liaison Field Coordinator Office of Educational Support and Programs Natasha Palmer DOE Educational Program Development Specialist Danielle Anderson-Thomas DOE Coordinator Education for Homeless Children and Youth Program Migrant Education Program Dot Shelmet DOE Planning Associate Office of School Finance

Participants will:  Gain an understanding of the foundational elements of the education stability laws and state mandates  Increase awareness of the benefits of collaboration and how it can positively impact the educational outcomes of youth in foster care  Understand the challenges to successfully implementing federal and state education stability laws  Understand the importance of fostering relationships between different systems

 Over 3200 children were reunited with their families in 2013*.  2 – 3 times more likely that children in placement receive special education services.  34% of year olds in placement have experienced more than 5 school changes.  The average reading level of year olds in placement is 7 th grade.  50% of children in placement complete high school by age 18. *DCF leadership meeting

Education Provisions  Requires that each child receiving foster care, adoption, or KLG payments be a full-time elementary or secondary school student, unless unable to attend school due to a documented medical condition. Documentation of enrollment and attendance is required.  Requires that a child removed from home and placed in foster care continue to attend the same school he/she was attending prior to removal, if in the child’s best interest.  Requires immediate and appropriate placement in school, if remaining in the same school is not in the child’s best interest.

 The presumption is that a child should remain in the same school he/she attended prior to placement (or change in placement) whenever possible.  If remaining in the same school is not in the child’s best interest, the case plan must provide immediate and appropriate placement.

Children or youth who lack a fixed, regular, and adequate nighttime residence, including those a waiting foster care placement

 Once a child is placed in a Resource Home, the CP&P worker and supervisor have to make a best interest determination within 5 days of the placement.  The CP&P case worker and supervisor should make reasonable efforts to consult with the: Parent or guardian of the child Child regarding his/her feelings Child’s Law Guardian Teacher, guidance counselor or child study team representative School district being considered for placement

The “Best Interest Factors” are taken directly from New Jersey’s Education Stability Law and should be considered by CP&P and the court when making education placement decisions. These factors include, but are not limited to: 1.Safety considerations, (concerns of parent access, bullying, etc.); 2.Proximity of the resource family home to the child’s present school (no limit on distance, case by case considerations); 3.Age and grade level of the child as it relates to other factors; 4.Needs of the child, including social adjustment and wellbeing; 5.Child’s preference;

6.Child’s performance, continuity of education and engagement in present school; 7.Child’s special education programming; 8.Point of time in the school year; 9.Child’s permanency goal and likelihood of reunification; and 10. Anticipated duration of current placement

N.J.A.C. 6A:17-2.6(b) – School District Enrollment (b) The chief school administrator of the school district of origin or designee shall decide the school district of enrollment of a homeless child based on what is determined to be in the best interest of the child after considering: 1. To the extent feasible, enrollment of the homeless child in the school district of origin, except when doing so is contrary to the wishes of the child's parent or guardian; 2. The continuity of the child's educational program; 3. The eligibility of the child for special instructional programs, including, but not limited to, bilingual, gifted and talented, special education, early childhood and vocational programs; and 4. The distance, travel time, and safety factors in coordinating transportation services from the temporary residence to the school.

 The placement decision is conclusive.  Parent notification letter to both parents with copy to the Law Guardian (CP&P form 5-71). The notification must include that the decision is final.  School notification letter (within 5 school days) to the home school district and the resource home school district (CP&P Form 5-72).

 An exception occurs when remaining in the present school is not in the child’s best interest and there is a safety concern or a significant detriment exists.  CP&P must notify the parent/guardian and Law Guardian in writing within 2 business days of the child’s new school enrollment. Notice must include the new school and reason for decision.  Notice of the decision to enroll the child in the new school must be provided to both the current school and the new.

 Required documents for registration are limited to: Foster/resource family parent identification letter or other agency letter pursuant to N.J.A.C. 6A: Caregiver proof of residency: School districts must accept, as proof of a child’s address, any combination of documents that establish residency, including deeds, leases, mortgages, utility bills or other documents (N.J.A.C. 6A:22-3.4).

 School districts must not delay or deny attendance based on its non-receipt of: A certified copy of the child’s birth certificate or other proof of identity. This is required within 30 days of initial enrollment (N.J.A.C. 6A:22-4.1(g); N.J.S.A. 18A: ). Medical information, although attendance at school may be deferred while awaiting immunization records (N.J.A.C. 6A: (h); N.J.A.C. 8:57-4). The child’s prior educational record pursuant to N.J.A.C. 6A:22-4.1(i).

6A:17-2.6(a) - School district enrollment (a) The chief school administrator of the school district of origin or designee shall decide in which school district the homeless child shall be enrolled as follows: 1. To the extent feasible, enroll the homeless child in the school of origin except when doing so is contrary to the wishes of the homeless child's parent or guardian; 2. To continue the homeless child's education in the school district of last attendance if the school district of last attendance is not the school district of origin; or 3. To enroll the homeless child in the school district where the child is temporarily living.

 Under the New Jersey Education Stability Law all children placed by a state agency in a resource home will charge cost of busing and education to the district of residence. This is defined as the district where the parent or guardian resides.  When a child moves from one foster home to another, a new best interest determination is completed and the School Notification Letter is sent, but the fiscal responsibility of transportation and education remains with the school district where the parent(s) reside.

 The CP&P local office is responsible for transporting the child to and from school during the 5 days before the best interest decision and the 5 school days after the decision is made.  The CP&P caseworker or liaison must contact the school district in the parent’s district of residence to request bus transportation for the child.  The school district in the parent’s district of residence has the responsibility of arranging and funding the transportation on the 6 th school day, after the school receives the notification letter from CP&P.

 If the parent or Law Guardian decide not to appeal and file application to the court, CP&P’s decision is final.  The local office or resource parent must immediately enrolled the child in the resource parent’s school district.  CP&P again is responsible for 5 school days of transportation until the school district’s bus transportation is arranged.

REGULAR PUBLIC AND VOCATIONAL SCHOOLS Distance:No limit Cost:No limit NONPUBLIC SCHOOLS Distance:20 miles (in most cases) Cost:$884 per student per year CHARTER SCHOOLS Distance:20 miles, if student lives outside district or region of charter school Cost:$884, if student lives outside of district or region of charter school CHOICE SCHOOLS Distance:20 miles Cost:$884 per student per year SPECIAL EDUCATION Distance:No limit Cost:No limit

 DISTRICT OWNED TRANSPORTATION VEHICLES Districts may purchase or lease vehicles. A district coordinator/supervisor then routes, schedules and coordinates all transportation.  CONTRACTED TRANSPORTATION The board of education hires a contractor to transport students in accordance with their contract specifications.  JOINT TRANSPORTATION This is an agreement between two or more districts to provide for the transportation of students to and from school within or outside the district.  COORDINATED TRANSPORTATION SERVICES AGENCIES Coordinated transportation services agencies (CTSAs) may provide or offer transportation for school students under agreements with participating districts.  COMMON CARRIER A common carrier is a public bus, train or airplane which travels on a preset franchised route and schedule, approved by the state or federal departments of transportation.  TAXI A taxi, which has been inspected by the New Jersey Motor Vehicle Commission for school use, may be used to transport students to and from school.

N.J.S.A. 18A:38-1(d) instructs that any student whose parent or guardian is not domiciled in a district (e.g. because he or she is homeless), but has had his or her all-year-round dwelling place in the district for at least one year, shall be deemed domiciled in the district for the purpose of N.J.S.A. 18A:38-1, which entitles a student to a free public education in the district of domicile.

 The parent’s district of residence is financially responsible for child study services.  DCF staff cannot sign IEPs in place of parent.  There is a difference between a parent losing custody and losing their parental rights to make decisions regarding education.  If parents are unable to be located, school districts must identify a surrogate.

 A worker should immediately complete a CP&P District of Determination when the following circumstances on a child exist: CP&P has been awarded guardianship of the child. Parent(s) reside out of state. Parent(s) is deceased. Parents whereabouts are unknown, (after a legal search). Parent(s) reside in a state facility(i.e. prison, treatment program, long term hospital stay, etc.). If a school district disputes responsibility.

Robert turns 18 during his junior year of school. Which district is fiscally responsible for his senior year?

Michele is living in a district where preschool is free but moving into a district that does not provide free preschool. Is Michele still entitled to free preschool?

Sam is awaiting placement into a resource family home and is currently living in a shelter. Does the New Jersey Education Stability Law apply or the McKinney-Vento Law?

Susan’s mom moves during the middle of the school year. Which district is fiscally responsible for her?

 It’s very important that the CP&P and the child’s school work together as partners in the child’s best interest. Workers are expected to notify the school when: A child returns to their birth family or guardian CP&P terminates involvement with child CP&P is awarded guardianship of a child Child is placed in a residential center or treatment home Parents move to a new town Parents become homeless Child changes resource home placements so that transportation providers can be notified

DCF  Debora Torres, Education Stability Field Coordinator  Colleen Otremsky, Education Support Specialist  Michele Safrin, Administrator tional/stability/ DOE  Danielle Anderson-Thomas, Coordinator Education for Homeless Children and Youth Program Migrant Education Program Danielle.anderson- dents/safety/edservices/stability/  Office of School Finance (609) e/transportation/