State Legislation Strengthening Transition

By Angeline Spain

Legislation is one approach States use to strengthen transition for their at-risk, neglected, or delinquent youth population. The legislation cited here focuses on transitioning youth back into the educational system following release from an institutional placement. The legislation cited is selected on the basis of reflecting the goals of Title I, Part D rather than a survey of transition legislation across all States; these pieces are meant to spark ideas about how to approach transition within the unique organization of each State.

Examples of legislation that deal with facilitating school reentry are included from Florida, Maine, and Washington. Sample legislation that focuses on improving academic continuity for students exiting institutional placements to return to local school districts is included from California, Kentucky, and Maryland. Individual transition planning, mandated by Part D, also appears in State legislation focused on improving the transition of students exiting institutional placements; examples from Missouri and Virginia legislation are included.

 

Improving Transition by Facilitating School Reentry

While reentering a public school following institutional placement is often cited as a way to engage students positively in the community and reduce risk factors that encourage recidivism, school reentry too often poses a challenge to youths transitioning back to the community. The Part D legislation mandates a transition coordinator position at each institutional placement in an effort to ensure that students are able to reenter their local community school with their updated school records in place. The following State legislation attempts to facilitate the school reentry process.

Florida's HB 349
Florida passed HB 349 in 1999 to define the roles of different agencies involved in assisting youth involved in the juvenile justice system. This legislation introduced several responsibilities for the Department of Education and charged school districts with overseeing juvenile justice educational programming in public, contracted, and private facilities. Under the purview of the Department of Education, the Juvenile Justice Educational Enhancement Program (JJEEP) conducts annual quality assurance reviews for all facilities in Florida. Rule 6A-6.05281 further defines responsibilities specific to student transition and reentry into the community.
» Download Florida's HB 349 (PDF)

Maine's Title 20-A §1055(12)
Maine's Title 20-A takes the approach of assigning the district superintendent with responsibility for overseeing the transition and reintegration of students exiting a Department of Corrections placement and returning to their local school. Within 10 days of receiving notification from the Department of Corrections that a student seeks admission, the superintendent must convene a reintegration team to carry out reintegration planning. The team is to consist of the school's administrator, at least one classroom teacher who will be involved in the school's student assistance team, a parent or guardian, and a guidance counselor.
» Access Maine's Title 20-A §1055(12)

Washington SHB 1058
Washington convened a working group to prepare a plan to address the stability and continuity of school-age children in foster care. The working group's recommendations were legislated in SHB 1058, which directs the administrative regions of the Department of Health and Human Services to develop protocols with school districts to communicate, coordinate, and collaborate regarding the progress of children placed in a region to maximize the educational continuity and achievement of foster children. Educational stability is required to be a part of shelter care hearings.
» Download the Washington SHB 1058 (PDF)

Enhancing Transition by Defining Roles: Florida's Rule 6A-6.05281
Enacted in 2000, Florida's Rule 6A-6.05281 delineates responsibilities related to educational programming and student transition and establishes accountability for school districts in terms of contract management, sanctions, funding, and coordination. The rule emphasizes the importance of interagency collaboration and outlines responsibilities for appropriate educational programming in the following areas: records transfer, student assessment, academic planning, transitional planning, and initial transitional activities following exit from the Department of Juvenile Justice (DJJ) placement. Under Rule 6A-6.05281, school districts are responsible for record transfer within 5 days for students entering and exiting DJJ programs. Facilities are responsible for ensuring that entry assessments take place within 7 calendar days of detention, commitment, day treatment, or early delinquency intervention; committed students also must take exit assessments for the academic measures. Rule 6A-6.05281 also outlines required components and timelines for individual academic and transition plans and roles for staff involved in the transition process.
» Download Florida's Rule 6A-6.05281 (PDF)

» Additional Information:

• Juvenile Justice Education Legislation: Implementation Update (PDF)
• Senate Staff Analysis And Economic Impact Statement (PDF)

 

Improving Transition Through Academic Continuity

Academic progress is one of the goals of Part D, and student improvement in reading and mathematics is an indicator that will be collected as a part of the 2005-06 consolidated application. When students reenter their community schools, one obstacle students may encounter is coursework completed during institutional placement not being honored by the local school. States have taken various approaches to ensuring students do not have to repeat completed coursework; rather, they can transfer credits earned while in placement toward grade-to-grade progress and high school graduation.

California's AB 490
While some parts of AB 490 were already part of California law, this 2003 bill specifically targets improvements in the transition and educational placement of foster children. AB 490 requires that school districts accept credit for any full or partial coursework satisfactorily completed by a student while attending a public school; juvenile court school; or nonpublic, nonsectarian school or agency. Each local education agency is required to designate a staff person as an educational liaison for foster children to ensure and facilitate proper educational placement, as well as assist with transfers between schools and districts. AB 490 also places responsibility on the local educational agency for timely transfer of records. The law specifics that school districts must deliver educational records to the next placement within 2 days of receiving the transfer request. School districts are also permitted access to county-placing agencies for the purpose of fulfilling educational summary and case management responsibilities required by the juvenile court to assist with the school transfer or placement of a student.
» Download California's AB 490 (PDF)

» Additional information: Educating Children In Foster Care (PDF)

Kentucky's Rule 158.137
To reduce the amount of time between exit from a Title I, Part D, Subpart I program and reenrollment in local school districts, Kentucky's Rule 158.137 requires an educational passport for all children in placements served by State agencies. The law requires that the passport is delivered to the Cabinet for Families of Children or the Department of Juvenile Justice within 2 days of a student's exit of a placement; these agencies are responsible for ensuring that the new placement receives the passport within 2 days of the student's enrollment. At the receiving school, a Bridge Coordinator arranges for the student's quick enrollment and assists with transitioning back into school, such as obtaining any special services needed by the student.
» Download Kentucky's Rule 158.137 (PDF)

» Additional information: Transitional Educational Placements

Maryland's HB 490
In Maryland, the State Department of Education is required to oversee Juvenile Justice Alternative Education Programs, which are run by a private agency or county board selected by the Juvenile Justice Alternative Education Advisory Board. Students who are placed in these programs receive credits for their coursework that must be considered by the State Board as equivalent to credits earned in county schools. In addition to ensuring that students receive coursework in the subjects of English and language arts, mathematics, science, and social studies, the program is required to offer services to facilitate the student's transition back into public school. The Juvenile Justice Alternative Education Programs were originally established as Chapter 685 in 2001; an amendment of this law continuing these programs passed into law in 2003 as HB 490.
» Download Maryland's HB 490 (PDF)

 

Improving Transition Through Individual Transition Planning and Ensuring Access to Services

Individual transition planning, long a requirement for students eligible for services under the Individuals with Disabilities Education Act (IDEA), is another requirement under Part D. Transition planning involves academic and vocational plans and assessment, as well as planning to ensure that exiting youth have access to support services they are eligible for. Some States have even instituted transition planning as an activity that begins as soon as students enter institutional placement, with the transition coordinator continuing interaction with students following their release. The following legislation takes different approaches to the role of the individualized transition plan, but each highlights the importance of the transition plan across agencies.

Missouri Title 13 §110-3
In 2000, Missouri amended its legislation regarding individual treatment plans as a part of aftercare responsibilities. The plan must contain family history, education/vocation information, the youth's strengths and weaknesses, and health or mental health needs. The services coordinator is required to initiate a written, individual transition plan within 30 days of a student's commitment; within 45 days, it is submitted to the youth, family, court, and facility. The plan also includes preliminary placement possibilities and needs to be considered when deciding aftercare placement. The service coordinator meets with students in residential care at least once per month. Following release into aftercare, they meet with students at least twice per month.
» Download Missouri Title 13 §110-3 (PDF)

West Virginia's §49-5-20
West Virginia introduced legislation that guides the development and use of a student's aftercare plan. The plan must be submitted to the circuit court that committed the juvenile at least 45 days before exiting the placement. The plan must also be sent to the student's parents, lawyer, probation officer/mental health center professional, prosecuting attorney, and principal of the local school the student will attend upon release. The roles and responsibilities for each of these individuals are outlined in the plan. The probation officer/mental health center professional supervises the student's progress with the plan and reports back to the circuit court every 60 days until the court deems that no further care or report is necessary.
» Access West Virginia's §49-5-20

Michigan's Policy JJ6 650 for IDEA compliance
In Michigan, Juvenile Justice Services (JJS) is charged with ensuring that delinquent students are evaluated for need of special education services, as well as notifying the placement school, and upon release, the public school of the student's eligibility. Youth suspected of having behavior problems, learning disabilities, mental impairment, physical disabilities, or health problems are to be referred to Family Independence Agency, Juvenile Justice facility director, or superintendent of the local school district by the JJS, court, or parents. The JJS participates in the Individualized Education Planning Team which makes determinations for programs and services, and the individualized education plan (IEP) is incorporated into the JJS service plan. Needed supportive services are to be provided by the agency or the school.
» Download Michigan's Policy JJ6 650 (PDF)

 

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