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As school counselors, it is imperative that we know, understand and adhere to all laws that pertain to students in foster care: an especially vulnerable sub-population of students.

As a proud aunt to three children who came to our family via the foster care system, I have seen first hand the difference caring and compassionate teachers, administrators, and counselors can make in the life of a child in foster care.

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1)  Children in foster care are one of society’s most vulnerable populations.  In addition to abuse and trauma many have suffered, children in foster care are also highly mobile.  It can be difficult to provide continuity in education for foster children.  Research shows, however, that strong, collaborative relationships among all stakeholders vastly "improve the educational outcomes of students in the foster care system" (ASCA, 2018). As a result, local policies, as well as federal and state laws, have been passed to help protect the educational interests of children in foster care.

2) The number of children in the foster care system is increasing at an alarming rate.  The increase can be attributed to the increased number of drug abusers due to the heroin epidemic.  At the same time, access to drug treatment facilities and post-treatment support is declining and families are finding it difficult to get help. School counselors need to be aware of the reasons behind the increase of children in the foster care system and be prepared to work with families and provide resources so that they can help the help they need.

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Slide 3 - American School Counselor Association's Position Statement Regarding the School Counselor and Supporting Students in Foster Care

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Slide 3 - American School Counselor Association's Position Statement Regarding the School Counselor and Supporting Students in Foster Care

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Summary:  It is the position of the American School Counselor Association (ASCA) that children in foster care are an often underserved, overlooked, and at-risk population due to high levels of “residential and school instability” (ASCA, 2018, para. 2).  Strong collaboration between schools and child welfare agencies have proven to improve educational outcomes for these students.  Therefore, it is the ASCA’s position that school counselors should understand the laws and policies related to foster children’s rights, school placement, and special circumstances.  Additionally, the counselor should:

·  serve as the liaison between the school, foster families and child welfare agencies;

·  help ensure a stable school environment;

·  work with other schools when a foster student transfers; and

·  familiarize him- or herself with the special circumstances foster children face and be aware of the resources available to help foster children, especially with regard to postsecondary opportunities.

Citation:   American School Counselor Association. (2018). The school counselor and supporting students in foster care.  Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_FosterCare.pdf

Full Text:
https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_FosterCare.pdf

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Slide 4 - Foster Success, Professional School Counseling Journal

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Slide 4 - Foster Success, Professional School Counseling Journal

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Summary:  Kruger's article does an excellent job of describing the trauma faced by children in foster care and makes a strong case for counselors to follow best practices of trauma informed care including:

·  Understanding that childhood trauma often negatively affects cognitive, behavioral, and social development.

·  Children in foster care often have difficulties with reasoning, decision-making, and problem solving, as well as difficulty controlling impulsive and emotional responses.

·  Children who have experienced trauma live in a “constant state of alert, and they can be easily triggered” (Kruger, 2018, para. 1).  It is imperative to remember that these children don’t feel safe due to instability and they are focused on trying to survive.

·  Foster children who move multiple times often begin to disassociate themselves from others.  Alternatively, they may push boundaries or attempt to push you away.  It is not personal; they are afraid of forging bonds that they may lose.  We must work hard to earn their trust.

·  Children in foster care have the “worst educational outcomes of all subgroups” (Kruger, 2018, para. 6).  Counselors should be prepared to address the needs of foster children and to work collaboratively with other schools, foster parents, and the child welfare system.

·  Foster children lose, on average, four to six months of progress in school every time they move to a new school.  Although a large percentage receive special education services, most do not have a learning disability.  They have large learning gaps.

·  The graduation rate for foster children is approximately 50%.  Additionally, only 10% attend college, and 3% graduate from college.  High school counselors must ensure foster children have access to career and college development curriculum.

·  Several laws have been enacted recently regarding the education of children in foster care.  Counselors and educators need to be familiar with and abide by these laws.

Citation:  Kruger, A. (2018). Foster Success. Professional School Counseling Journal. Retrieved from https://www.schoolcounselor.org/magazine/blogs/january-february-2018/foster-success

Full Text:   https://www.schoolcounselor.org/magazine/blogs/january-february-2018/foster-success

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Slide 5 - Students in Need and the Courts, Counselor News

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Slide 5 - Students in Need and the Courts, Counselor News

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Summary:  This article by Dr. Stone breaks down and explains several laws relating to children in foster care:

·  The Uninterrupted Scholars Act (USA) amended the Family Education Rights and Privacy Act (FERPA) in January 2013.

·  The amendment allows for the faster transfer of school records of foster children to help facilitate continuity in education when foster children change schools.

·  USA allows records to be transferred without parental consent.

·  USA also impacted confidentiality under the Individuals with Disabilities Education Act (IDEA).  Child welfare agencies may now access specific information regarding students for purposes of early intervention or school services.

·  In a 2013 survey, only 8% of school counselors had been notified by administration of the change to FERPA.

Best practices dictate that school counselors should stay abreast of laws by joining professional associations and subscribing to professional readings.

Citation:  Stone, C. (2018). Students in need and the courts. Counselor News. Retrieved from https://www.schoolcounselor.org/newsletters/april-2018/students-in-need-and-the-courts?st=NJ

Full Text:  https://www.schoolcounselor.org/newsletters/april-2018/students-in-need-and-the-courts?st=NJ

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Slide 6 - Fostering Connections to Success and Increasing Adoptions Act

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Slide 6 - Fostering Connections to Success and Increasing Adoptions Act

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Summary: The Fostering Connections to Success and Increasing Adoptions Act was signed into Federal law in 2008.  The law amended portions of the Social Security Act in order to improve outcomes for children in foster care.  The law requires that caseworkers and educators work together to ensure educational stability for children in foster care.

Source:           Statutory

Citation:         Fostering Connections to Success and Increasing Adoptions Act. Pub. L. 110-351. 122 Stat. 3949. 7 October 2008.

Full Text:       https://www.congress.gov/bill/110th-congress/house-bill/6893/text

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Slide 7 - Texas Sentate Bill 1494 Relating to the Educational Needs of Homeless Students

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Slide 7 - Texas Sentate Bill 1494 Relating to the Educational Needs of Homeless Students

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Summary:      On June 19, 2015, the Texas legislature passed a law requiring schools to develop procedures to awarding credits, including partial credits, for courses that were completed at another school by a student who is homeless or in substitute care.

Source:           Statutory

Citation:         Tex. Educ. Code § 25.007

Full Text:       https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm

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Slide 8 - Every Student Succeeds Act (ESSA)

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Slide 8 - Every Student Succeeds Act (ESSA)

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Summary:      The Every Student Succeeds Act (ESSA) was signed into law on December 10, 2015.  ESSA provides for the “educational stability of children in foster care so that they can continue their education without disruption…and have the opportunity to achieve college and career readiness” (Child Welfare Information Gateway, n.d.).  The law also encourages collaboration between child welfare agencies and schools (Child Welfare Information Gateway, n.d.).

Source:           Statutory

Citation:         Every Student Succeeds Act. Pub. L. 114-95. 129 Stat. 1802. 10 December 2015.

Full Text:       https://congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

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Slide 9 - Uninterrupted Scholars Act (USA)

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Slide 9 - Uninterrupted Scholars Act (USA)

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Summary:      The Uninterrupted Scholars Act (USA) was signed into law on January 14, 2013.  The law amends Section 444 of the General Education Provisions Act, which is also known as the Family Educational Rights and Privacy Act (FERPA).  Specifically, the law allows educational agencies to release records or identifiable information to child welfare agencies or other representatives of a child welfare agency without a parent’s permission if the parent is a party to the case involving the child.

Source:           Statutory

Citation:         Uninterrupted Scholars Act. Pub. L. 112-278. 20 U.S.C. 1232g(b)

Full Text:       https://www.congress.gov/bill/112th-congress/senate-bill/3472/text

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Slide 10 - Mansfield Independent School District (MISD) Local Policy

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Slide 10 - Mansfield Independent School District (MISD) Local Policy

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Summary:      The Mansfield Independent School District (MISD), in accordance with federal procedural safeguards recognizes the foster parent’s right to act as a parent and decision-maker of a child with a disability.

Source:           Statutory

Citation:         Mansfield Independent School District, 2019

Full Text:       https://pol.tasb.org/Home/Index/1104

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Summary:  The American School Counselor Association's Ethical Standards for School Counselors states that counselors must "identify gaps in college and career access" and work to address bias related to postsecondary counseling.

Given that many students in foster care are mobile and can develop educational gaps, school counselors, especially at the high school level, must work to identify and close the gaps so that students who are in foster care know the career and college choices that are available to them after high school.  This is especially important when it comes to foster children because, as they age out of the system, many of them are left without skills that enable them to be self-sufficient.

Citation:  American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors.  Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf.

Full Text:  https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Summary:  Texas follows the
Blueprint for Change: Education Success for Children in Foster Care as a framework for reforming the foster care system and to "direct case advocacy" (American Bar Association, n.d., para. 2).  The website includes a plethora of information that will be helpful to counselors who work with children in foster care, including a searchable database for topics such as seamless transitions between schools, reducing drop-out rates, empowering and engaging students in foster care, and postsecondary information.

Citation:  American Bar Association. (n.d.). Blue Print for Change. Retrieved from http://www.fostercareandeducation.org/AreasofFocus/BlueprintforChange.aspx

Link:  http://www.fostercareandeducation.org/

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Slide 13 - Best Practices for Counselors' Compliance with Local, State, and Federal Laws Related to Children in Foster Care

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Slide 13 - Best Practices for Counselors' Compliance with Local, State, and Federal Laws Related to Children in Foster Care

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Best practices for counselors when working with children in foster care include, but are not limited to:

·  Know the law.  Subscribe to professional journals or associations that can help you stay abreast of legal changes.

·  Know and follow school policy related to children in foster care.  If your school does not have an official policy related to foster children, work with administration to develop one.

·  Provide trauma informed care for children in foster care.  Educate all staff in trauma informed best practices, including strategies for working compassionately with these vulnerable students.

·  Communicate frequently and timely with all stakeholders, including foster parents, birth parents (if indicated), and social agencies including Court-Appointed Special Advocates (CASA) who volunteers are trained to work with children in foster care.

·  Make children in foster care of their bill of rights and encourage them to use their voice to advocate for themselves.

·  Ensure children in foster care are aware of their post-high school college and career options.  Provide information on various programs that can help them be successful, including information on financial aid and scholarships.