1. Welcome to Foster Care Training Presenters: Jannette Sanchez CPS Education Specialist, DFPS & Ruben Degollado Region 1 ESC Foster Care Champion

2. FOSTER CARE & STUDENT SUCCESS: A PARTNERSHIP BETWEEN TEA & DFPS Texas Systems Working Together to Transform Education Outcomes of Students in Foster Care

3. What is Foster Care? The term foster care will be used to refer to all children and youth who are in the custody of the State of Texas due to abuse and/or neglect, regardless of their living arrangement.

4. Statistics on Foster Care There are approximately 746 foster care students in Region One Schools. In Region 11 there are approximately 1,300 school aged children in foster care In Texas there is 15,600 school aged children in foster care. Children from the ages of 14–17 make up the largest percentage of children in the Texas child welfare system, totaling 23.1% of all youth in care. 51% of the students in foster care graduate from high school 3 % of foster youth graduate from a 4 year university

5. Working collaboratively Strengthening partnerships between education, child welfare, and court systems is recognized as essential to improving the education and life outcomes of students impacted by foster care. Through partnership and coordination, we can accomplish the goal of improving the education experience and outcomes of students in foster care.

6. Texas Education Code - Recognizes students in foster care: Immediate school enrollment - TEC 25.002 Timely Records transfer - TEC 25.002(a-1) Students grades 9-12 are entitled to finish high school where they were enrolled at the time of placement. **New this now includes primary and secondary students. - TEC 25.001 (g) Free eligibility for PRE-K - TEC 29.153 Accelerated Instruction (At-risk indicators and Compensatory Education) - TEC 29.081 (Code #11) School District Foster Care Liaisons ***New now to include college/university- TEC 33.904 Free College Tuition & Fee Waiver – TEC 54.366 TEA to assist the transition from one school to another of students in foster care - TEC 25.007

7. What does the Law Say? Texas Education Code Section 25.002: REQUIREMENTS FOR ENROLLMENT (g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Family and Protective Services has taken possession of the child under Chapter 262, Family Code. The Department of Family and Protective Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school. Texas Education Code Section 33.904 - Sec. 33.904. LIAISON FOR CERTAIN CHILDREN IN CONSERVATORSHIP OF STATE. Each school district shall appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school of a child in the district who is in the conservatorship of the state.

8. What does the Law Say? Texas Education Code Sec. 25.007 requires TEA to assist the transition from one school to another of students in foster care by: Entering into a MOU with DFPS regarding the exchange of information as appropriate to facilitate the transition of students Ensuring that school records for students in foster care are transferred to the new school not later than the 14 th day after the date the student begins enrollment. Developing systems to ease transition of a student in foster care during the first two weeks of enrollment at a new school

9. Why do Schools Need to Identify Students in Foster Care? For proof of legal authority of the caregiver during enrollment To implement many supportive educational provisions regarding students in foster care To identify students who are eligible for supplemental instructional services, such as state compensatory education and funding To facilitate successful transitions for students To facilitate high school completion and overall student success in school To facilitate planning and transitioning into post-secondary education

10. What are the acceptable Documents for Identification of Foster Students? There are two (2) primary documents that a school can request from a caregiver to confirm that the child/youth is in foster care and that caregiver has the education decision-making authority for the child/youth. They are: 1. DFPS Placement Authorization Form 2085 is proof of the agency’s legal authority and is preferred by DFPS as evidence of DFPS conservatorship AND form 2085“E” designates the Education Decision Maker for the child. 2.Court Order: a school official may request a copy of the court order naming DFPS as the Temporary Managing Conservator (TMC) or Permanent Managing Conservator (PMC) of the child to confirm that DFPS or it appointed caregiver has the authority to make education decisions for the child.

11. Child's NamePerson ID.Medicaid or Client No.Date of Birth CountyCourt No.Cause No.Date of Placement Caregiver's nameRelationship to Child (check all that apply) Relative Child Placing Agency Name Temp. Possessory Conservator Other: PLACEMENT AUTHORIZATION…FORM 2085 The Texas Department of Family and Protective Services (DFPS), as the managing conservator of this child, hereby authorizes to serve as the child's caregiver under the following terms and conditions: 1.Daily Care. The caregiver must provide the child’s daily care, protection, control and reasonable discipline. Physical discipline, including spanking may not be used on a child that is in the conservatorship of DFPS… 2.Education. The caregiver must enroll the child in public school and / or other educational program(s) as directed by the child's caseworker or the caseworker's supervisor. The caregiver may sign any documents needed to enroll the child in a school or other educational program to implement DFPS's decisions about the child's education. The caregiver may also receive and review all the child's educational records. The caregiver may not consent to corporal discipline. 3.School Programs and Extracurricular Activities. The caregiver may authorize the child to participate in routine school programs and extracurricular activities that do not involve an unusual risk of injury to the child… 4.Foster children who are the legal responsibility of the State or formally placed with a caregiver by the court are categorically eligible for free meals/milk in the National School Lunch Program/School Breakfast Program (NSLP/SBP), Special Milk Program (SMP), Summer Food Service Program (SFSP), and Child and Adult Care Food Program (CACFP). A caregiver who wants free meals/milk for their foster child/children need only present this document to the school, the summer feeding site, or their child care provider. No further application is required.

12. Texas Department of FamilyForm 2085-E and Protective Services 8/01/2013 Designation of Education Decision-Maker Child Protective Services DFPS must ensure that this form is provided to the court, the child’s school, and persons entitled to notice of periodic hearings under Texas Family Code, Section 263.301within five days of the Adversary Hearing and any subsequent changes to the decision-maker. SECTION 1: Authority to make education decisions

13. Court Order CAUSE NO. IN THE INTEREST OF§IN THE DISTRICT COURT §§§§§§ COUNTY, TEXAS A CHILD (REN) § JUDICIAL DISTRICT Name: Sex: Age: Date of Birth: Place of Birth: City, State Country Name of Current School: Do not enter if there are valid safety concerns Initial Placement Date: Current Placement Type: Date of Current Placement: County of Current Placement Native American Child Status: Select the appropriate option] American Indian child status confirmed by Name Tribe. PLACEMENT REVIEW REPORT TO THE COURT The Texas Department of Family and Protective Services ("the Department") represented by Caseworkers name presents this report to the Court to enable the review of the placement and progress toward achieving permanency of the child(ren) who are subject of this suit. The court hearing is scheduled for Date at Time. SUBJECT CHILD (REN)

14. Excused Absence Letter

15. Confidentiality Federal and State Laws and policies require that a child’s status of being in DFPS conservatorship must generally be kept confidential. “sharing information among school staff who have a legitimate interest working with a student, schools must be careful not to violate the privacy of students by sharing information with others who do not have a need to know” - American Bar Association. All written information with student names should be behind password protection, in locked file cabinets, or in locked bookshelves or drawers in order to avoid confidentiality violations, as well as to avoid potential harm to a student.

16. CPS may share the following information On a case-by-case basis: Relevant court orders Contact information for the biological family Fact that child is in a relative or kinship placement Child’s relevant medical, disability, or health history Mental or behavioral health issues Medications, including psychotropic medications taken during the day Alcohol or substance abuse history and/or treatment Social history History with law enforcement or juvenile justice

17. Who may enroll a student living in foster care in school? If a child is in foster care placement, DFPS has legal authority to enroll the child in school. DFPS may delegate that authority to: Foster parent or designated caregiver CPS caseworker or other staff CASA or student’s guardian ad litem Residential facility staff Child Placing Agency staff, including case manager Biological parents, in some cases

18. Proof of Residency and Student Identification Student Identification – remember, DFPS has 30 days to provide the campus with all the information needed to register; however, the Placement Authorization Form 2085 or court order is sufficient enough to enroll the student.

19. Family Educational Rights and Privacy Act (FERPA) FERPA requires schools to protect the confidentiality of a student’s education records. However: The Federal Uninterrupted Scholars Act 2013 allows education agencies to release education records to child welfare case workers or other representatives of a state or local child welfare agency 20 U.S.C.§1232g(b)(1)(L),(2)(B) According to FERPA, the caregiver or other person authorized by the child’s legal guardian should have access to education records 34C.F.R. § 99.30.

20. Who can I release information to? DFPS staff The child’s caregiver Attorney ad-litem CASA Others identified in the court order When in doubt, one can always ask to see either the court order or the DFPS Placement Authorization Form 2085

21. What’s my responsibility? Meet with the DFPS or caregiver to ensure that proper documentation (form 2085 or court order) is provided to you Ensure the transitioning of the foster care child/youth into or exiting your campus Ensure that the child’s needs are met (special education/504)

22. PEIMS Compensatory Education and Funding: A student who is in the custody or care of DFPS is a student considered at-risk of dropping out of school for the purpose of TEC §29.081. Because of this status, there is a code in TEA’s education management database (PEIMS) which should be entered to indicate that the student is eligible to receive compensatory instructional services to assist with high school completion. This is PEIMS at-risk indicator code #11. Therefore, each student enrolled with the Placement Authorization Form 2085 or a court order should be coded with at-risk indicator code #11 in PEIMS and be eligible for state compensatory education services.

23. WHAT ELSE CAN I DO? Maintain confidentiality Be mindful of the impact that family based school assignments and activities have on students Avoid negative stigmatization and assumptions Be aware of the reasons why a student in foster care may miss school and how it might impact coursework Take time to build relationships and establish trust and rapport with students in care Provide youth with choices and include them in decision making Promote information related to foster care and activities, supports, resources, and scholarships available in school counseling centers and public places RESOURCE: http:// www.tea.state.tx.us/FosterCareStudentSuccess/

24. QUESTIONS?? Thank you! Jannette Sanchez jannette.sanchez@dfps.state.tx.us Office: 956-316-8671 Ruben Degollado rdegollado@esc1.net Office:956-984-6185