Foster Care Education Policy

State Legislation Impacting the Education of Children and Youth in Foster Care

By Regina Waugh | rwaugh@air.org

Children and youth in the foster care system face many challenges not encountered by the general population. In addition to the trauma associated with the circumstances that have led to their placement in the system, foster youth are confronted with changing living arrangements and, in many cases, the lack of a stable support system. These conditions have a heavy impact on the educational experiences and achievements of foster youth as well. One national survey of former foster youth found that while in placement, 37.9 percent spent at least some time in special education classes, 36.2 percent repeated at least one grade in school, 67.6 percent attended three or more elementary schools, and 33.1 percent attended five or more elementary schools [1]. In addition, foster youth are far less likely to graduate from high school and attend college. A study of foster youth in Washington State found that only 50 percent of foster youth complete high school [2].

In the face of these grave statistics, Government officials have taken steps to improve the education outcomes for children and youth in foster care. At the Federal level, legislation has been enacted to assist foster youth in continuing their education after reaching the age of independence. One of the most important pieces of such Federal legislation is the 1999 Foster Care Independence Act, which not only extended Medicaid benefits to foster youth until the age of 21, but also established the John F. Chafee Foster Care Independence Program. The Chafee Independence Program provides funds to States to assist foster youth in completing high school and/or college, getting a job, and developing independent living skills.

Recent statutes have also been enacted at the State level to improve the quality of education services made available to children and youth while they are in the foster care system. California, which is home to one in five foster youth in the country [3], has made radical progress in modifying its State legislation in the last several years to improve the education of these youth. Two seminal California State laws are outlined below.

California

Senate Bill 933 was enacted in 1998 in an effort to improve communication and collaboration between child welfare agencies, juvenile courts, and education providers in order to better meet the education needs of children and youth in foster care. Specifically, the law requires that:

County Offices of Education provide information on education options available for institutionalized children.

Agencies that place students within a particular local education agency (LEA) are responsible for properly transferring the students’ education information and histories to the LEA.
When LEAs learn that one of their students is transferring out of their jurisdiction, they must work with the appropriate agency to update the student’s education information in their Health and Education Passport. At a minimum, the LEA must provide information as to where the most recent records are located, the student’s last school and teacher, his or her current grade level, and any other information necessary to reenroll that student in another school.
Notice of placement must be made within 5 days of transfer, and the records must be moved within 5 days after a receiving entity is identified.
It is recommended that the Judicial Council make rules to determine who is in charge of the education records of foster youth so that they can be properly placed and recorded.

Assembly Bill 490 became State law on January 1, 2004. The intent of the law is to ensure that foster children are eligible for the same education opportunities as the general student population, and that education decisions are made in the best interest of the child. To that end, the legislation requires that schools, courts, and all other related welfare agencies work together to ensure that children and youth in foster care receive continuity of education, are placed in the least restrictive education environment, and have equal access to academic and extracurricular activities and resources. The following provisions are included in Assembly Bill 490:

Students should remain in the mainstream education environment unless an Individualized Education Program (IEP) dictates otherwise or another placement is determined to be in the best interest of the child.

When making decisions regarding placement, proximity to the child’s current school should be taken into account. If a change of placement is required, the child should remain in the current school until the end of the school year, provided that it is in the best interest of the child. If it is determined that a change in school should take place, the justification for the change must be presented in writing to the child and the individual holding education rights. In the event of a dispute related to this decision, the child is to remain in the current education placement until the dispute is resolved.
LEAs must appoint an education liaison for children and youth in foster care. This liaison is responsible for:

Ensuring proper education placement as well as school enrollment and checkout
The transfer of student records and grades to and from LEAs within 2 business days of notification that a student’s placement will change

Schools must enroll a foster child immediately, even in the absence of the requisite enrollment information and equipment, such as previous school records, medical records, and a school uniform.
The grades of foster students cannot be lowered due to absences as a result of change in placement or court appearances.
LEAs must accept credits and partial credits for work successfully completed at other education placements.

Legislation relevant to foster youth in other States:

Washington

Substitute House Bill 1058 became law in July 2003 and was designed to encourage “the ongoing efforts of the department of social and health services and the office of the superintendent of public instruction to improve educational attainment of children in foster care.” The additions to the legislation include:

A provision that children entering foster care remain in their current school in cases where it is practical and in the best interest of the child, and that a committee is developed within the State Department of Education to oversee this issue.
A requirement that protocols are developed by the school districts to improve the communication between agencies regarding the education continuity of children in foster care, including the appropriate sharing of information between agencies.

New Hampshire

Section 193:28 of the education code in the State of New Hampshire provides that where practical and in the best interest in the child, a child taken into custody by the State continues to attend the public school they attended prior to placement in a foster home.

Maryland

Senate Bill 178, effective July 1, 2003, provides that those “licensed operator[s] of a residential child care program that receives State funding,” which have legal custody of a foster child between the ages of 5 and 16, “expeditiously” obtain their education records and ensure that those records are transferred to the appropriate school. The licensed operator is also responsible for enrolling the child in the local public school and meeting with the student’s teacher and other school personnel as necessary.

Texas

House Bill 1050, effective September 1, 2003, requires that any child taken into custody by the State return to school “not later than the third school day after the date an order is rendered providing for possession of the child by the department,” provided there are no outstanding mental or physical problems that would prevent such action. The law also requires school districts to accept a child who has been taken into custody by the State even if the child does not have the appropriate enrollment documents. Such documents are to be furnished by the Department of Protective and Regulatory Services within 30 days of the child’s enrollment in school.

While steps have been taken at both the State and Federal levels to improve the education outcomes of children and youth in the foster care system, there is still much work to be done. It is essential that State and Federal statutes continue to formalize the relationships between child welfare and education agencies, and that personnel are specifically identified to assume the responsibilities of transferring student records between education placements.

[1] Casey Family Programs. (2003). Assessing the effects of foster care: Early results from the Casey National Alumni Study. Seattle, WA: Casey Family Programs.

[2] Herzog, M. (2004, January 21). Improving educational outcomes for foster youth: Raising their reach through legislation, advocacy, and homes. Paper presented at the 11 th Annual Office of the Superintendent of Public Instruction Conference “Breakthrough Performance”: Olympia, WA.

[3] Parrish, T., Graczewski, C., Stewart-Teitelbaum, A. & Van Dyke, N. (2003). Policies, procedures, and practices affecting the education of children residing in group homes: Final report. Sacramento, CA: American Institutes for Research.

Published in June 2005

The National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At Risk (NDTAC)