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Resources

Resources Listserv
Join the Homeless Children and Youth Resources listserv to receive information and updates relating to the education of homeless children and youth.

Strategies
Suggested program strategies to assist with the implementation of homeless education provisions in the areas of transportation, identification, Title I, enrollment, preschool, and special education.

New Identification Strategies and Resources in Response to Coronavirus (DOCX)
Identification strategies and resources for LEAs in response to Coronavirus for students experiencing homelessness in one easy to access page.

California Department of Social Services' Housing and Homelessness Programs
Governor Newsom announces Project Roomkey designated to target hotels in counties with significant homeless populations that are also experiencing high concentrations of Coronavirus transmission.

Letters

Reopening School for Students in Foster Care and Students Experiencing Homelessness
This letter reminds local educational agencies that when reopening schools, special populations such as students in foster care and children and youth experiencing homelessness must be considered.

Educating Children and Youth Experiencing Homelessness Letter
The California Department of Education (CDE) reminds local educational agencies of the provisions of the McKinney-Vento Act's Education for Homeless Children and Youth (EHCY) Program.

Dispute Resolution Letter (DOCX; Updated Mar-2020)
This letter outlines the law and steps to ensure that disputes are resolved promptly while safeguarding the rights of all parties.

Training Modules

Transportation Agreement (PDF)
This is a sample transportation agreement between two local educational agencies who are responsible for providing and/or arranging transportation of a child or youth experiencing homelessness.

Overview of Homeless Education (PPTX; Updated 21-Sep-2022)
This PowerPoint presentation has been updated and provides a high-level overview of the educational rights of children and youth experiencing homelessness under Subtitle VII-B of the McKinney-Vento Homeless Assistance Act, as well as an addresses statute.

Additional translations of the Housing Questionnaire and Instructions/Template are available via email in the following languages:

Arabic, Armenian, Chinese (simplified), Chinese (traditional), Hindi, Hmong, Japanese, Khmer, Korean, Lao, Punjabi, Russian, Samoan, Somali, Spanish, Tagalog, Ukrainian, Urdu, and Vietnamese.

Please send an email with your request of the DOCX or PDF version of the template to HomelessEd@cde.ca.gov.

Housing Questionnaire Frequently Asked Questions (DOCX)
This resource addresses frequently asked questions about the housing questionnaire and its implementation. For additional resources and support please contact the CDE 's Homeless Education program at HomelessEd@cde.ca.gov.

Enrolling Homeless Children and Youth (PPTX; Updated 21-Sep-2022)
This PowerPoint presentation has been updated and provides enrollment personnel an understanding of the legal guidelines for the immediate school enrollment of children and youth experiencing homelessness.

Identification Strategies for Homeless Children and Youth Video
Video recording of the Identification Strategies for Homeless Children and Youth PowerPoint.
Identification Strategies for Homeless Children and Youth Transcription
List of Head Start Agencies and COE's Homeless Liaisons (PDF)
This resource is designed to allow Head Start staff and county office of education homeless liaisons to easily access each other to refer families for complimentary services. Some Head Start programs serve multiple counties and may be listed more than once.

Collaboration with Community Partnerships and Service Providers to Support Children and Youth Experiencing Homelessness (PDF)
The benefits of collaboration for both LEAs and students experiencing homelessness are far reaching. This PowerPoint presentation will support the LEA with a step-by-step process to build relationships with local community agencies, organizations, and non-profits.

Someone to Turn To Video
Video recording of the Someone To Turn To: School Site Liaisons for Students Experiencing Homelessness PowerPoint.
Someone to Turn To: School Site Liaisons for Students Experiencing Homelessness Transcript
Training Module Certificate

Sample Documents

Poster

The "You Can Enroll in School" poster provides public notice of the educational rights and protections of children and youth experiencing homelessness, including school enrollment which is guaranteed by federal and state law regardless of housing.

Resources

Homeless Education - CalEdFacts
California Department of Education's information and media guide about education in the State of California. For information on other topics, visit the fullCalEdFacts.

National Homelessness Law Center
A legal resource center that provides legal assistance.

Last Reviewed: Wednesday, September 20, 2023

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Resources for Homeless Children and Youth

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Resources related to homeless students' rights to enroll and participate fully in school.

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Trauma - 5 Ways to help students in Trauma

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Trauma - 5 Ways to help students in Trauma

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1. Begin and end class with deep breathing.
2. An environment where students can express their feelings.
3. Create a bucket inventory.
4. Create trigger lists.
5. Mediation/Yoga

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Teachers can create a calm classroom atmosphere that helps troubled students be more receptive to learning.

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Trauma - Childhood Trauma and Positive Health

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Trauma - Childhood Trauma and Positive Health

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Information about the adverse childhood experiences (ACEs) and how they can impact a child's developing brain and are linked to high-risk behaviors, chronic diseases, and negative health outcomes in adulthood.

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The Child and Adolescent Health Measurement Initiative (CAHMI) is a national initiative based out of the Bloomberg School of Public Health at Johns Hopkins University in Baltimore, Maryland. Originally housed at FACCT - Foundation for Accountability, the CAHMI was established in 1998.

Mission

The mission of the Child and Adolescent Health Measurement Initiative is to promote early and lifelong health using family-centered data and tools that put children, youth and families at the center of health, health care and public health performance measurement and improvement.

Vision

The CAHMI envisions a future where children and families are full partners in a health care system tailored to maximize the healthy development and well-being of children across the life course.

Focus

CAHMI's primary focus to advance Patient-Centered Child Health and Health Care Quality Measurement and Improvement. The CAHMI promotes child and adolescent health through child, youth and family involvement in defining, assessing and improving health care quality and advancing consumer-centered, data-driven policies and practices. CAHMI develops, tests and deploys child health and health care quality data and measures and family-centered tools and strategies for creating successful and sustainable quality measurement, communication and improvement efforts.

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CAHMI | Promoting early and lifelong health using family-centered data and tools

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The Child and Adolescent Health Measurement Initiative (CAHMI) is a national initiative based out of the Bloomberg School of Public Health at Johns Hopkins University in Baltimore, Maryland. Originally housed at FACCT - Foundation for Accountability, the CAHMI was established in 1998.

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Guidance for supporting students who have experienced trauma or grief and for coping with violence and disasters.

©Shutterstock.com/wavebreakmedia

Understanding Trauma's Effects on Learning

Childhood Trauma and Positive Health: Learn about adverse childhood experiences (ACEs) and how they can impact a child's developing brain and are linked to high-risk behaviors, chronic diseases, and negative health outcomes in adulthood. (The Child and Adolescent Health Measurement Initiative, 2017)

How Trauma Is Changing Children's Brains: Explore the latest research on the effects trauma has on young people's brains, and learn strategies you can use to make your classroom feel safer. (NEA Today, 2016)

Responding to Trauma in Your Classroom: Examine the signs and causes of student trauma, and explore strategies for responding to and supporting students who are experiencing trauma. (Teaching Tolerance, 2016)

How Teachers Help Students Who've Survived Trauma: Read about how experiences with trauma impact student learning, and review several expert suggestions on ways that educators and schools can help. (The Atlantic, 2014)

Helping Kids Recover From Trauma: Discover how resilience can be fostered by supportive factors in schools, and read takeaways from research. (Edutopia, 2009)

Helping Students Who Have Experienced Trauma

Brains in Pain Cannot Learn: Learn three ways to calm the stress response in students affected by anxiety or depression. (Edutopia, 2016)

5 Ways to Help Students in Trauma: Read strategies and tips for creating a calming classroom environment that can help troubled students learn. (Edutopia, 2016)

Helping Students Who Have Experienced Trauma: Explore seven strategies you can use in your classroom to help support and empower students in trauma. (Edutopia, 2016)

How Not to Be a Mountain Troll: Take a look at four strategies that educators can use to build trust with students, especially vulnerable students who may have experienced abuse from adults. (ASCD's Educational Leadership, 2015)

Emotional Recovery Begins With Teachers: Examine five RULER-based suggestions (recognizing, understanding, labeling, expressing, and regulating emotions) for helping adults and children cope with the aftermath of school violence or other experiences with trauma. (Yale Center for Emotional Intelligence)

Activities to Help Students Cope With Traumatic Experiences: Discover games, videos, and other activities to help children endure traumatic experiences. (Sesame Street in Communities)

School-Wide Approaches to Addressing Trauma

Trauma-Informed Practices Benefit All Students: Learn how utilizing school-wide trauma-informed practices can benefit the entire school community, including helping all students learn coping skills and self-efficacy. (Edutopia, 2017)

How Schools Are Helping Traumatized Students Learn Again: Discover best practices, strategies, and tips your school can employ to foster safe, calming, and supportive learning spaces. (NEA Today, 2016)

Student Trauma: How School Leaders Can Respond: Explore the latest proven strategies that can help your school make a difference in the lives of students. This guide includes a rich collection of additional resources. (Education Week, 2016)

It's Not What's Wrong With the Children, It's What's Happened to Them: Find a list of school-based alternatives to zero-tolerance policies that can help nurture resilience in youths who have experienced adversity. (Edutopia, 2015)

A Guide to Creating Trauma-Sensitive Schools: Understand the causes of trauma, discover how trauma manifests in schools, and learn about a framework that can help educators develop trauma-sensitive schools. (Trauma and Learning Policy Initiative/Massachusetts Advocates for Children, 2013)

Strategies for Coping With Violence and Disaster

Helping Students Cope in a Violent World: Explore 10 useful and practical strategies for discussing violence in the classroom, fostering student coping skills, and helping students make sense of violence. (Edutopia, 2016)

Tips for Resilience in the Face of Horror: Learn how educators and parents can help protect children and themselves from the effects of vicarious trauma. The linked article "Resources for Helping Children Cope with Trauma" is also worth reading. (Greater Good, 2013)

Talking to Your Children About Tragedy: Watch a video that describes relevant principles parents can consider in relation to young children and personal or family reactions to traumatic events. Though the introduction to the video is focused on Boston, the principles discussed can be applied to a wide variety of situations. (Bright Horizons, 2013)

Mr Rogers Talks About Tragic Events: Watch an episode featuring Fred Rogers speaking about how to cope with violence in the world-his advice is still relevant today. (The Fred Rogers Company, 2018)

Supporting Grieving Students

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Resources for Responding to Trauma and Tragedy

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Guidance for supporting students who have experienced trauma or grief and for coping with violence and disasters. ©Shutterstock.com/wavebreakmedia Childhood Trauma and Positive Health: Learn about adverse childhood experiences (ACEs) and how they can impact a child's developing brain and are linked to high-risk behaviors, chronic diseases, and negative health outcomes in adulthood.

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The California Department of Education (CDE) administers the Foster Youth Services Coordinating Programs (FYSCPs) through county offices of education (COEs) to provide support services to foster children who suffer the traumatic effects of displacement from family and schools and multiple placements in foster care. These FYSCPs have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. The FYSCPs increase the stability of placements for foster children and youth. These services are designed to improve the children's educational performance and personal achievement, directly benefiting them as well as providing long-range cost savings to the state.

Grantee Information

2024-27 Program Plan
Documents necessary for the submission of a 2024-27 FYSCP Program Plan.

Technical Assistance
Grant program to provide technical assistance to counties which provide educational support for foster youth.

Funding
Requests for applications and funding results for foster youth services programs.

Fiscal Forms
Documents necessary for submitting Foster Youth Services grant fiscal reports and forms.

Fiscal Resources
Additional resources and information regarding Foster Youth Services grants.

Contacts

Foster Youth Services Coordinating Program Coordinators
Contact information for foster youth services coordinating programs.

Assembly Bill (AB) 490 Educational Liaisons for Foster Youth
Contact information for AB 490 educational liaisons at the county offices of education and school districts.

Listserv
Join the Foster Youth Issues Forum Listserv to share ideas and ask for advice about foster youth.

Reports & Publications

Legislative Reports

2022 Report to the Governor and Legislature
Provides information about the FYSCP for school years 2019-20 and 2020-21. The report includes: (1) recommendations regarding the effectiveness and continuation of the FYSCP; (2) foster student data by county; (3) FYSCP Report; and (4) conclusion.

2020 Report to the Governor and Legislature
Provides information about the FYSCP for school years 2017-18 and 2018-19. The report includes: (1) recommendations regarding the effectiveness and continuation of the FYSCP; (2) foster student data by county; (3) FYSCP Report; and (4) conclusion.

Recommendations to the Legislature on Identified Placement and Service Gaps for Children and Youth in Foster Care Who Have Experienced Severe Trauma (PDF)
Assembly Bill 2083, Chapter 815, Statutes of 2018, added Section 16521.6 to Welfare and Institutions Code, requiring the joint interagency resolution team, of which CDE participates in, in consultation with county agencies, service providers, and advocates for children and resource families developed and submitted recommendations to the Legislature addressing any identified gaps in placement types or availability, needed services to resource families, or other identified issues for children and youth in foster care who have experienced severe trauma.

2018 Report to the Governor and Legislature
Provides information about the FYSCP for school years 2016-17 and 2017-18. The report includes: (1) recommendations regarding the effectiveness and continuation of the FYSCP; (2) foster student data by county; (3) FYSCP Report; and (4) conclusion.

2014 Report to the Governor and Legislature
Information on program effectiveness generated by the Core, Countywide, and Juvenile Detention Foster Youth Services programs during the 2012-13 school year.

2012 Report to the Governor and Legislature
Information on program effectiveness generated by the Core, Countywide, and Juvenile Detention Foster Youth Services programs during the 2010-11 school year.

2010 Report to the Legislature and Governor
Information on program effectiveness generated by the Core, Countywide, and Juvenile Detention Foster Youth Services programs during the 2008-09 school year.

Publications

Foster Youth Outcomes and Recommended Practices (DOCX)
This report outlines the steps and processes performed by four local educational agencies that are proven to increase successful outcomes for California foster youth.

Foster Youth Education Toolkit (PDF)
A guide to improving education outcomes for children in foster care, focused on the most critical areas of need for foster youth. The Toolkit is designed to assist school administrators in meeting the goals of the Local Control Funding Formula.

Study of the Educational Placement of Children Residing in Group Homes (PDF)
This report presents findings and recommendations regarding the education of children residing in group homes or licensed children's institutions in California.

Resources

Best Practices Guide for Developing a District System to Improve Education Outcomes for Youth in Foster Care (PDF)
Developed by the Alliance for Children's Rights, this document provides guidance for districts on creating a system and practices to improve educational outcomes for youth in foster care.

Children and Youth System of Care Technical Assistance
This page holds recordings of Assembly Bill 2083 Children and Youth System of Care technical assistance webinars.

2020 Foster Youth Outcomes Data Overview (PPTX)
This document describes the educational outcomes for foster youth available during the 2019-20 school year. Included in the document are multiple years of foster youth enrollment counts, 2019-20 graduation rates, 2018-19 suspension and chronic absenteeism rates, and 2017-18 college going rates.

Best Interest Determination Joint Letter (Revised Mar-10-2021; PDF)
This joint letter between the CDE and California Department of Social Services details the Best Interest Determination process, including recommendations from the State.

System of Care for Children and Youth (AB 2083)
Webpage hosted by the California Health and Human Services Agency that contains information on the county mandates created by Assembly Bill (AB) 2083, guidance documents, and resources intended to assist counties with the development and implementation of their Children and Youth System of Care Memorandum of Understanding.

Partial Course Credit Letter
Education Code Section 48645 requires each public school district and county office of education to accept full or partial coursework completed by a pupil while attending another school or agency.

Program Resources
Resources related to foster youth services programs.

Foster Youth Services - CalEdFacts
This content is part of California Department of Education's information and media guide about education in the State of California. For similar information on other topics, visit the fullCalEdFacts.

Frequently Asked Question

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Do students in foster care need to be immediately enrolled even if we have no records from their prior school?

Yes, a student in foster care who is not remaining in their school of origin must be immediately enrolled in their new school regardless of documentation regularly required for other students and families at enrollment.

Please refer to California Education Code section 48853.5(f)(8)(B):

The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.

Are students in foster care required to have the diphtheria, tetanus, and acellular pertussis booster vaccine and other immunizations in order to be immediately enrolled?

Pursuant to California Education Code Section 48853.5(f)(8)(B), cited above, schools must immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student's immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
( Immunization & Health Checkup page)

Is it necessary for students in foster care to have proof of immunization in order to be enrolled in school?

California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student's immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
( Immunization & Health Checkup page)

Please refer to Health and Safety Code Section 120341:

(a) The governing authority shall admit a foster child, as defined in subdivision (a) of Section 48853.5 of the California Education Code ( EC), whose immunization records are not available or are missing.
(b) This section shall not alter the obligation of the governing authority to obtain a foster child's immunization records pursuant to Section 48853.5 of the EC or to ensure the immunization of a foster child pursuant to this chapter.
(Added by Stats. 2011, Ch. 463, Sec. 3. (Assembly Bill 709) Effective January 1, 2012.)

Is there a time limit for when proof of immunization must be presented to the school to prevent a student in foster care from being excluded?

California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student's immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
( Immunization & Health Checkup page)
The law does not reference a specific time frame for obtaining proof of immunization.

How much time is a local educational agency required to allow a student in foster care to become fully immunized?

California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student's immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
( Immunization & Health Checkup page)
The law does not reference a specific time frame for obtaining proof of immunization.

How is the school of origin (SOO) determined for implementing Assembly Bill 490 rights? Is the school of origin the school, the district or the special education program?

The SOO is defined in California Education Code ( EC) section 48853.5(g) as:
the school in which the foster child was last enrolled or the school the child attended when permanently housed. If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school the foster child attended with which the child was connected and attended within the immediately preceding 15 months, the educational liaison, in consultation with and with the agreement of the child and the person holding the educational rights for the child, shall determine, in the best interests of the foster child, the school that shall be deemed to be the SOO. In addition, the EC provides that the SOO is not limited to the actual "school' from which the child last came from. Please refer to the Section 48853.5(f)(4) which provides:
To ensure that the foster child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district.

How long is a student in foster care entitled to school of origin rights?

A student in foster care retains their rights to attend their school of origin as long as they are in foster care, until the end of the school year when their foster care case closes mid-year, or, in the case of high school, until graduation from high school.
Please refer to California Education Code 48853.5(f)(1-4):

(f) (1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades 1 to 8, inclusive, to continue his or her education in the school of origin through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue his or her education in the school of origin through graduation.
(B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service.
(4) To ensure that the foster child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district.

When the school of origin (SOO) for a student in foster care is a Charter school, must the student be given priority on a waiting list for enrollment?

While there is no legislative mandate that a student in foster care be given priority on a Charter School waiting list per se, a student in foster care does have the right to attend their school of origin when determined to be in their best interest to do so. As such, a Charter School must ensure the student is granted this entitlement if the charter school is determined to be the SOO after a best interest determination.

Which address does the local educational agency use to determine the school of residence?

While the general rule is that school of residence of a student is determined by where a parent or guardian lives, for students in foster care residency can be determined by the address where they live, in cases where they are placed in a licensed children's institution or foster home pursuant to California Education Code ( EC) 56155.5, placed by a court in a foster home or reside with a caregiver. In addition, remaining in their school of origin establishes automatic residency.
Please refer to EC 48204(a)(2) which states:
(a) (2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

Are Charter Schools required to comply with Assembly Bill (AB) 490?

Yes, pursuant to California Education Code Section 48859(c), the definition of Local Educational Agency for purposes of "AB 490" rights include charter schools.

48859. For purposes of this chapter, the following terms have the following meanings:
(c) "Local educational agency" means a school district, a county office of education, a charter school, or a special education local plan area.
(Amended by Stats. 2015, Ch. 289, Sec. 2. (SB 445) Effective January 1, 2016.)

Are Charter schools obligated to provide transportation to school of origin?

Yes, as set forth above, charter schools are considered a local educational agency under California Education Code ( EC) section 48859(c) and thus are obligated to provide transportation, if appropriate, to the school of origin pursuant to EC section 48853.5(f)(5).
48853.5(f)(5)(A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with Section 6312(c)(5) of Title 20 of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district.
(B) In accordance with Section 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.

If the local educational agency (LEA) cannot identify or contact the biological parent of the foster youth who would hold the student's educational rights, can the LEA appoint someone else to be the educational rights holder?

The answer to this question requires us to first understand that in California the only authority for limiting a parent's educational rights and assigning those rights to another individual is through an order of the Juvenile Court judge. There are limited exceptions, however, when a person can hold educational rights on behalf of a foster student without possessing a court order assigning such rights. Those would be in instances when a court has limited the rights of a foster child's parent or guardian to make educational decisions on behalf of the foster child. In such a case, the foster parent or caregiver may exercise educational rights on behalf of the foster child pursuant to California Education Code ( EC) section 56055. In addition, for foster student is eligible for special education and related services, an LEA may have a surrogate parent assigned to be a member of the foster student's individualized education plan team or to otherwise make educational decisions for the foster student according to the requirements of California Government Code 7579.5.
The Juvenile Court is required to provide the LEA of attendance a JV-535 each time a child's education rights holder changes. Furthermore, if the court cannot identify an education rights holder and needs the LEA to assign a parent surrogate a JV-535 will be sent with an attached JV-536 requesting the LEA respond to the court with the assigned education surrogate.
Please see the following Rules of Court from the California Judicial Council
Rule 5.650. Appointed educational rights holder
(a) Order and appointment (§§ 319, 361, 366, 366.27, 366.3, 726, 727.2; Gov. Code, §§ 7579.5-7579.6; 20 United States Code [U.S.C.] § 1415; 34 Code of Federal Regulations [C.F.R.] § 300.519)
Whenever it limits, even temporarily, the rights of a parent or guardian to make educational or developmental-services decisions for a child, the court must use form JV-535 to appoint a responsible adult as educational rights holder or to document that one of the following circumstances exists:
(1) The child is a dependent child or ward of the court and has a court-ordered permanent plan of placement in a planned permanent living arrangement. The caregiver may, without a court order, exercise educational decision making rights under EC section 56055 and developmental-services decision making rights under section 361 or 726, and is not prohibited from exercising those rights by section 361, 726, or 4701.6(b), or by 34 C.F.R. section 300.519 or 303.422; or
(2) The court cannot identify a responsible adult to serve as the child's educational rights holder under section 319, 361, or 726 or under EC section 56055; and
(A) The child is a dependent child or ward of the court and is or may be eligible for special education and related services or already has a valid individualized education program, and the court:
(i) Refers the child to the local educational agency for the appointment of a surrogate parent under section 361 or 726, Government Code section 7579.5, and title 20 U.S.C. section 1415; and
(ii) Will, with the input of any interested person, make developmental-services decisions for the child; or
(B) The appointment of a surrogate parent is not warranted, and the court will, with the input of any interested person, make educational and developmental-services decisions for the child.
(C) If the court must temporarily make educational or developmental-services decisions for a child before disposition, it must order that every effort be made to identify a responsible adult to make future educational or developmental-services decisions for the child.

Can a local educational agency (LEA) appoint an Educational Representative Designee when the parent retains educational rights and can sign an individualized education program?

No. As set forth in Q.12, the only authority for limiting a parent's educational rights and assigning those rights to another individual is the Juvenile Court judge and the only instance when an LEA can appoint a surrogate parent is if the foster student's parents have had their educational rights limited and the student has been identified for special educational and related services. If the foster student has a parent who retains educational rights, the LEA would not be permitted to appoint a surrogate parent or other designee to represent the educational rights of the child.

Can a local educational agency (LEA) release any educational records to the social worker or probation officer of a student in foster care without a signed release from the educational rights holder? Does this include individualized education programs?

A. On January 14, 2013, President Obama signed into law the Uninterrupted Scholars Act (USA), Public Law 112-278, which amended the Family Educational Rights and Privacy Act (FERPA). 20 United States Code (U.S.C.) § 1232g. These amendments permit educational agencies and institutions to disclose personally identifiable information from the education records of students in foster care placement, without parental consent, to an agency caseworker or other representative of a State or local child welfare agency (CWA) or tribal organization authorized to access a student's case plan "when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student." See 20 U.S.C. § 1232g(b)(1)(L). The USA also amended FERPA to allow educational agencies and institutions to disclose a student's education records pursuant to a judicial order issued in specified types of judicial proceedings in which the parent is already a party, without requiring additional notice to the parent by the educational agency or institution.
In response, California Education Code section 49076 was amended to reflect this federal change. Please see the link below.
California Legislative Information page

Can the foster parent be the educational rights holder?

Yes. Pursuant to California Rule of Court Section 5.650(c), individuals who are paid to care for the welfare of a child may not be awarded educational rights of that child as it is considered to be a conflict of interest (e.g. group home staff, child welfare staff, probation department staff, or the child's attorney). However, foster parents are deemed not have such a conflict of interest. This is because foster parents are not considered to be "paid" for caring for the child but receive reimbursement for room, board and other needs of the child
W & I 319
(j) (1) At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(2) If the court limits the parent's educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child's educational representative before appointing an educational representative or surrogate who is not known to the child.

Can the foster parent have access to the educational records of a student in foster care if they do not hold educational rights?

Yes. A foster parent can have access to records necessary for them to support the education of children in their care regardless of whether or not they hold educational rights.
Please refer to the following California Education Code:
49069.3.

(a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 United States Code Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil's educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code.

(b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil's educational progress, updating and maintaining the pupil's education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs.

What records can a local educational agency (LEA) release to the Court Appointed Special Advocate (CASA) who does not hold Educational Rights?

Generally, CASAs are entitled to receive and review all educational records related to their case child because most CASAs have in place a court order which allows access to records concerning their case child, including educational records. An LEA should ask to review this court order when any person claiming to be a child's CASA seeks access to a child's educational records.

Could a local educational agency (LEA) allow a student in foster care to utilize the exemption under Assembly Bill (AB) 167/216 so the student can graduate prior to the end of their senior year of high school?

The code sections that grant the entitlements under AB 167/216 do not address this question of whether the LEA could use the exemptions to allow the student to graduate early. In making a decision as to whether to apply the exemptions, an LEA will want to take other reasonable considerations into account that may impact the answer to this question. The reasonableness determination can include the age of the student and whether the student could be reasonably able to complete the LEA's local requirements in time to graduate high school by the end of their fourth year. See California Education Code 51251.1 for information on AB 167 and 216 requirements.
Please see the link below:
California Legislative Information page

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Grant programs for each county office of education and selected school districts to increase interagency support for foster youth.

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a group of social workers that are committed to providing youth in foster care with the academic and other essential support they need to graduate from high school at the same rate as their peers with a plan for their future.

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Our journey began in 1988, when a group of social workers started raising funds through book sales to purchase everyday needs to help children in foster care feel loved and capable. We have learned a lot about what it takes to be in their corner, and we are more committed than ever to centering their voice, choice and experience to shape their own journeys and ours.
Follow Our Journey >

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Treehouse - Nonprofit Serving Youth in Foster Care

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Treehouse provides youth in foster care in Washington with academic & other essential support they need to graduate from high school & pursue their dreams.

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a non-profit organization with over 40,000 members across all 50 states, Guam, and Puerto Rico. Its mission is to ensure the every child growing up outside their biological home has the resources and opportunities they need to become successful!

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iFoster is a dedicated team of staff, foster youth interns, board members, corporate, government and community partners who are committed to helping every child reach their potential.