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The legal guide is from a perspective of a K-12 school counselor that is information based on Education Stability for Students in Foster Care on general principles of law and is intended for information purposes for educators.

The reason for choosing this topic is that foster care students are often-overlooked student population according to American School Counselor Association (ASCA), 2018. School counselors implement school counseling programs to meet all students’ academic, career and social/emotional needs is my field of education from a professional perspective, (ASCA, 2018).

What is foster care?

Foster care is a temporary living service provided by States for children who cannot live with their families and whose need for care has come to attention of child welfare agency.

School Counselor Role

School Counselors are informed on the proper policies and procedures according to their state, local school districts, and local agencies on foster care students’ rights. School counselors advocate on efforts to improve the outcomes for foster care students on the importance of educational stability by bridging the communication between all involved that is focused on educating K-12 teachers on this important topic, (ASCA, 2018).

Reference:

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

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Reference:
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

S. Townsend, (2019, September 24). Personal Interview.

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1.      School Counselors - American School Counselor Association (www.schoolcounselor.org)

The American School Counselor Association (ASCA) supports students in Foster Care (2018) by implementing school counseling programs to meet the academic, career and social/emotional needs of all students.

2.      Children’s Bureau https://www.acf.hhs.gov/cb
The Children’s Bureau (CB) partners with federal, state, tribal and local agencies to improve the overall health and well-being of our nation’s children and families.                                           3. Child Welfare League of America https://www.cwla.org/

CWLA is a powerful coalition of hundreds of private and public agencies that since 1920 has worked to serve children and families who are vulnerable.

4.      The Legal Center for Foster Care & Education: http://www.fostercareandeducation.org/Home.aspx
Established in 2007, advocates (American Bar Association Center on Children and the Law, the Education Law Center, and the Juvenile Law Center) for the educational rights of children in foster care.

5.      U.S. Department of Education, ESSA Rules and Foster Care Toolkit   https://www.ed.gov/news/press-releases/new-foster-care-transition-toolkit-offers-tips-helping-foster-youth-succeed-adults
6.      Foster Care to Success: America’s College Fund for Foster Youth

The oldest and largest national nonprofit organization working solely with college bound foster youth. https://www.fc2success.org/knowledge-center/resources-for-students-state-workers/

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Education Week:

Summary: Poverty, trauma, and high rates of mobility keep bright children in the foster care system from finding their way into academically rigorous courses and programs on the right track from high school through college in student success for foster care students.
Issues related to your topic:
1. Foster care students are at a disadvantage then  most students due to trauma.
2. More barriers for student success than other students.
3. Rise in the last three years of foster care students.
4. Most schools are delayed in the formulating school policies in helping foster care students.

Reference: Sparks, S, (2018). The Gifted Child in Foster Care: Lost in the Shuffle Retrieved from https://www.edweek.org/ew/articles/2018/03/07/the-gifted-child-in-foster-care-lost.html

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Poverty, trauma, and high rates of mobility keep bright children in the fostercare system from finding their way into academically rigorous courses and programs

For George Garcia, academically challenging courses and participation in student government were more than just a path to college.

They also provided an escape.

"Because while my home life was shifting so much, I felt a sense of stability at school and something to concentrate on," said Garcia, who was in the foster-care system from age 10, when he and his four siblings were removed from home, to when he became legally emancipated at age 18. While he cycled through 10 home placements in four years of high school, Garcia stayed at the same Los Angeles school and said being surrounded with "academically ambitious" classmates and teachers in college-prep courses "challenged me to invest a lot of my time in something I could control."

Garcia ultimately was elected vice president of his class twice at Summit High School, graduated with honors in 2012, and became a foster-mentor with the Guardian Scholars program at the University of California, Riverside. Looking back, Garcia, now an administrative coordinator at U.C. Riverside's National Foster Youth Institute, said his time in foster care deepened his own sense of resilience and academic determination.

Yet Garcia's experience, while hopeful, is far from the norm for students with high potential in foster care, according to experts. Trauma, schooling instability, poverty: Any one of those challenges can make it harder for gifted children to be found and to show their strengths, and students in the foster-care system often have all of those disadvantages and then some.

"We get these kids over and over who are so eager to learn, but they have so many challenges against them, so they don't look like they are achieving because they are struggling with all the trauma going on in their lives," said Kathleen Casper, the gifted-education director at Solid Rock Community School near Tampa Bay, Fla., and an active foster parent for temporary placements.

The number of children in the foster-care system has been quietly ticking up after years of decline, from about 397,000 in 2012 to more than 437,000 in 2016, according to the most recent data from the U.S. Administration on Children, Youth, and Families. Experts attribute the rise to a wide variety of factors, from poverty and housing instability after the 2008 recession to the opioid epidemic. There are no national numbers on how many foster students participate in gifted education or advanced coursework in high school, but a recent California study found that only 2 percent of students in foster care in that state were identified as eligible for gifted and talented education services, compared with 6 percent of low-socioeconomic students generally and 9 percent of the state's total student population.

The Every Student Succeeds Act requires school districts to understand a lot more about both academically advanced students and those in foster care than they have in the past. Districts must now break out performance data, including academic achievement and graduation rates, for foster students, and they must show the percentage of those students performing at both "proficient" and "advanced" levels on state tests. Districts that better identify and support gifted students in the foster system could see better long-term achievement and school engagement for this group over time, experts say.

Keeping Track

The traditional process for identifying academically gifted students, including teacher referrals coupled with standardized assessments, may miss a quarter to half of gifted students, particularly those from low-income or other disadvantaged backgrounds, estimates research from the National Association for Gifted Children.

Common school assessments such as the Cognitive Abilities Test focus on verbal reasoning and spoken language, which also can be delayed in children who have experienced trauma, said Michael Postma, the executive director of the group Supporting the Emotional Needs of the Gifted. "The school would have to understand different characteristics of giftedness-not just the IQ piece-creativity, leadership, critical thinking," he said. "They might have missed schooling; you'll need to look beyond achievement to fluidity, speed of growth. You really have to look for contextual clues for these kids."

Another obstacle, said James Webb, a gifted-education researcher and author, is that "most school districts do not start [gifted] programs until 3rd grade, and by then, [a foster child's] idea of the world is pretty set, and they are less likely to be the teacher-pleaser kind of child who is more likely to be nominated by a teacher for the gifted program."

Last fall, for example, Casper, the gifted director at Solid Rock, temporarily took in a 6-year-old girl who had left her kindergarten after two months when she entered foster care. She was identified and referred for an evaluation based on her academic potential in her new school, but had not had the final paperwork signed when she was moved again, this time to live with a relative in another school district.

"So this child has now had to go to three different kindergartens. She has to fit into a new classroom, learn a new curriculum, get into the process of being identified, and then start all over again, with no guarantee that this relative will follow up on it, or even see the value of gifted education," Casper said. "Even if you advocate for this child in the period of time they are in your care, a lot of times the process takes so long that by the time the kid's moved, nothing has been done."

Jonathan Plucker, a professor of education and talent development at Johns Hopkins University's Center for Talented Youth, found highly mobile gifted students can be more resilient than students on average would be to changes because they are more likely to be naturally curious and good problem-solvers. But if their academic environments vary significantly from one placement to another, "that sends you very mixed messages about your value and talents," Plucker said.

Garcia recalled he was not tapped for gifted programs in middle school-and in fact cared little about his schoolwork when so much was going on outside of school. Instead of being identified for advanced programs through the school, he said that in high school, his friends convinced him to seek out more advanced coursework.

In Washington state, Treehouse, an advocacy group focused on getting foster students on a college-bound track, helps those transitioning into high school align their foster placements with their academic goals. Education specialists like Merissa Humes meet with students weekly to help them set goals, apply to colleges and for scholarships, and plan for life after both high school and the foster-care system.

Collectively, Treehouse and everyone in the community who supports the organization weave together the middle-class safety net youth in foster care need.

Judges and caseworkers generally decide placements by looking for a safe, stable home for a student, but the details of the student's school situation may not be at the forefront, said Angela Griffin, the chief program officer for Treehouse.

"We validate that, but it's also important for them to have the academic support they need ... that they are able to complete courses, work in similar programs," Griffin said.

One high school senior, for example, was a straight-A student who was about to be moved to a school five districts away that did not have the Advanced Placement courses he was taking. Treehouse eventually helped arrange transportation for the student to remain at his current school, even though it meant a 90-minute bus ride to and from a relative's house each day. "The student was willing to do it, and we were there to provide social and emotional support," until the student graduated, she said.

The support has dramatically improved foster students' graduation rate in the state. The five-year graduation rate for foster students participating in Treehouse is 89 percent, 7 percent higher than the overall graduation rate statewide and 40 percentage points higher than the state graduation rate for foster students.

Sometimes, Griffin said, advocates also have to persuade schools to look differently at a student with mediocre grades or behavior problems. "That happens quite a bit, because the trauma and instability they experience ... can sometimes mask the academic ability they have," she said.

Today, for example, Jordon Marshelle Barrett has earned mostly A's in her junior and senior years at Kentridge High School in Kent, Wash. But her grades were in a tailspin in 10th grade at a prior school, when she left one foster placement and ended up being shuttled among seven shelters and group homes, losing months of class in the process. Finally, with help from a new foster family and from Humes, she transferred to the more academically rigorous Kentridge and retook her sophomore classes, but worried that the repeated grade would be a black mark on her college applications.

Humes helped Barrett get a meeting with her preferred college, the University of Washington, Tacoma, to explain her transcript and press her determination to study psychology and law, to eventually become a homicide detective.

"Even though [Humes] was sick, she was texting me before the meeting: Ok, remember to tell them this and this ..." Barrett said. "Marissa took the time to really learn me and connect with me. ... Going through the shelters, you feel like you have nobody; it's really lonely. ... Not only did Treehouse help me with material things ... they helped me by giving me somebody I can talk to."

Response to Trauma

There has been very little study of gifted students in foster care, but researchers have looked at how intellectually advanced students respond to mobility, family instability, and trauma.

Jean Peterson, a Purdue University education professor emerita who for the past 25 years has tracked academic and emotional changes among gifted students who experienced trauma, found that intellectually advanced students who experienced abuse were at a higher risk of post-traumatic stress.

A former psychologist at the Children's Medical Center in Dayton, Ohio, Webb agreed. Common traits of giftedness, such as questioning adults and showing heightened sensitivity, can turn negative in children who have unstable or abusive home lives, he said.

"You have a class discussion, and the teacher says, 'Tell me about your family.' The student thinks, 'Which family?' Being in a foster system implies by definition that there is some family disruption. You can expect quite a reaction to this-which may or may not be verbalized," Webb said.

Garcia, the foster child who is now a college mentor for foster students, agreed, noting that few of his teachers or peers knew about his home situation, even though he changed placements 10 times in four years. "I feel like there's a barrier in understanding," he said. "You might have to talk in school about a lot of things you might not have really worked through, and it can be kind of retriggering, retraumatizing."

Both Peterson and Garcia said being in foster care can also heighten academic stress and the perfectionism that gifted students often struggle with. Garcia recalled staying up late to study for a test the next day in U.S. history. "I passed out and woke up covered in hives from the stress," he said. "I think stress management is one of the biggest challenges-and self-care."

Better coordination among education systems, social services, and other child-welfare agencies could help, researchers and advocates say, but personal connections with even one or two adults in school who understand and encourage a student's academic potential can greatly improve his achievement and success long term.

"A lot of kids in the system don't have a sense of themselves as 'bright.' Their intelligence might be put to simply surviving-getting groceries, taking care of younger siblings," said Peterson, a co-author of the 2018 book Counseling Gifted Students. "Educators need to point out to them, 'You have not had the easiest life, but look at all you've done.' "

Published in Print: March 7, 2018, as Lost in the Shuffle: Gifted Foster Children

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The Gifted Child in Foster Care: Lost in the Shuffle

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For George Garcia, academically challenging courses and participation in student government were more than just a path to college. They also provided an escape. "Because while my home life was shifting so much, I felt a sense of stability at school and something to concentrate on," said Garcia, who was in the foster-care system from age 10, when he and his four siblings were removed from home, to when he became legally emancipated at age 18.

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Education Week - Law and Courts Section

Summary of the article: The Chronicle says that 162,000 foster children, about 37 percent of those in foster care nationally, are living in states where compliance is in question, (Klien, 2018).
Issues related to topic:
1. Districts are lacking in posting achievement data on foster care student graduations.
2. Not all 50 states are working with local school districts to comply with the law: 33/50 states are.

Reference: Education Week: Reference: Klien, A., (2018). What’s New for Children in Foster Care Under ESSA Retrieved from https://blogs.edweek.org/edweek/campaign-k-12/2018/09/essa_questions_foster_children_transportation.html

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Welcome to Answering Your ESSA Questions! This next question is about an often-overlooked area of the Every Student Succeeds Act.

Question: What is new for children in foster care under ESSA?

Answer: ESSA made some key changes for this important population. First off, it asked school districts to break out achievement data and graduation rates for children in foster care (as well as homeless and military-connected children), just like they just like they do for other "subgroups" like racial minorities, kids from low-income families, and students in special education.

Also, the law calls for students in foster care to be able to stay in their "school of origin" (a term the law did not define) even if it's no longer their neighborhood school. The state must work with school districts and local child welfare agencies to provide transportation. That was supposed to be in place one year after the passage of ESSA.

But state agencies, including those in places with high populations of foster children, aren't doing such a great job of complying with that requirement, the Chronicle of Social Change reported earlier this year.

The national news site, which covers child welfare, surveyed all 50 states, beginning in November of last year. Forty-four responded to the Chronicle. Of those, 33 said they were working with local school districts to comply with the law.

But according to the Chronicle's reporting, it's less clear that other states have implemented ESSA's requirements, including Florida, Illinois, Massachusetts, and Rhode Island. Responses from Alaska, Kentucky, Minnesota, Missouri, and New York suggest that school districts have tried to comply with the law, but the state agencies could not "definitively confirm" that they had.

The Chronicle says that 162,000 foster children, about 37 percent of those in foster care nationally, are living in states where compliance is in question.

Got another ESSA question for us to tackle? Email us at [email protected] , or [email protected] .

Want to see what other readers are wondering? Here are links to past installments of this feature:
What's the Toughest Part of ESSA For District Leaders? How Does Funding For ESSA's Testing Requirements Work? Does ESSA Require Teachers to Be Highly Qualified? Can Districts Use ESSA Funds to Buy Crossing Guard Signs? How Are States Handling Testing Opt-Outs Under ESSA? Can Districts Use the SAT or ACT for School Accountability Without State OK? Which States Are Eschewing School Grades? How Can Districts and States Use ESSA to Bolster STEM and Computer Science? What's Going on With Testing Audits? What's Up With ESSA Block Grant Funding? Is Testing the Only Way a Student Can Achieve Success Under ESSA? Want to learn more about the Every Student Succeeds Act? Here's some useful information: Don't miss another Politics K-12 post. Sign up here to get news alerts in your email inbox.

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What's New for Children in Foster Care Under ESSA?

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Welcome to Answering Your ESSA Questions! This next question is about an often-overlooked area of the Every Student Succeeds Act. Question: What is new for children in foster care under ESSA? Answer: ESSA made some key changes for this important population.

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Constitutional Law: 14th Amendment: Equal protection law.
1. Protects the right to a public education to any person within its jurisdiction.
2. Protects Foster Care students with making sure that the students are not being behind on their educational studies.

Reference: U.S. Const. amend. XIV

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Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

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Statutory Law: 42 U.S.C. § 675(1)(G):  A plan to ensure the educational stability of the child while in foster care.
1. Requires state child welfare agencies to promote school stability.
2. Improve educational outcomes.

Reference: 42 U.S.C. § 675(1)(G)

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As used in this part or part B of this subchapter:

The term "case plan" means a written document which meets the requirements of section 675a of this title and includes at least the following:

(C)  The health and education records of the child, including the most recent information available regarding--

(G)  A plan for ensuring the educational stability of the child while in foster care, including--

an assurance that the State agency has coordinated with appropriate local educational agencies (as defined under section 7801 of Title 20 ) to ensure that the child remains in the school in which the child is enrolled at the time of each placement;  or

(2)  The term "parents" means biological or adoptive parents or legal guardians, as determined by applicable State law.

The term "adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the nature and amount of any payments, services, and assistance to be provided under such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time.  The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective.

(B)  In cases where--

the foster care maintenance payments made with respect to such child as otherwise determined under subparagraph (A) shall also include such amounts as may be necessary to cover the cost of the items described in that subparagraph with respect to such son or daughter.

The term "case review system" means a procedure for assuring that--

(A)  each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child, which--

with respect to each such child, (i) procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a permanency hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or only in the case of a child who has attained 16 years of age (in cases where the State agency has documented to the State court a compelling reason for determining, as of the date of the hearing, that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement, subject to section 675a(a) of this title, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options, and, in the case of a child described in subparagraph (A)(ii), the hearing shall determine whether the out-of-State placement continues to be appropriate and in the best interests of the child, and, in the case of a child who has attained age 14, the services needed to assist the child to make the transition from foster care to a successful adulthood;  (ii) procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents; (iii) procedural safeguards shall be applied to assure that in any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to a successful adulthood, the court or administrative body conducting the hearing consults, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child; and (iv) if a child has attained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an individual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent standard to the child;

(E)  in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless--

the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's home, if reasonable efforts of the type described in section 671(a)(15)(B)(ii) of this title are required to be made with respect to the child;

(F)  a child shall be considered to have entered foster care on the earlier of--

(ii)  the date that is 60 days after the date on which the child is removed from the home;

The term "administrative review" means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.

The term "legal guardianship" means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child:  protection, education, care and control of the person, custody of the person, and decisionmaking.  The term "legal guardian" means the caretaker in such a relationship.

(B)  At the option of a State, the term shall include an individual--

with respect to whom an adoption assistance agreement is in effect under section 673 of this title if the child had attained 16 years of age before the agreement became effective;  or

with respect to whom a kinship guardianship assistance agreement is in effect under section 673(d) of this title if the child had attained 16 years of age before the agreement became effective;

The term "sex trafficking victim" means a victim of--

The term "sibling" means an individual who satisfies at least one of the following conditions with respect to a child:

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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42 U.S.C. § 675 - U.S. Code Title 42. The Public Health and Welfare § 675 | FindLaw

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As used in this part or part B of this subchapter: The term "case plan" means a written document which meets the requirements of section 675a of this title and includes at least the following: (C)  The health and education records of the child, including the most recent information available

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Administrative Law: TEA (TAA) letter: Fostering Connections to Success and Increasing Adoptions Act, 2008:
1. Requires state child welfare agencies to work with their state and local education systems to support initiatives to improve educational outcomes for children in foster care.

Reference: Texas Education Agency, Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351. Retrieved from https://tea.texas.gov/Academics/Special_Student_Populations/Foster_Care_and_Student_Success/Foster_Care___Student_Success_-_Education_Laws_and_Guidance

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There are many federal and state laws that exist to advance the education of students in foster care. Knowledge of the laws and how to apply them is critical so these laws are understood and followed.

Numerous links to more information and law references are included below. Chapter and page numbers from the Texas Foster Care & Student Success Resource Guide (PDF) provide quick access to information and support local training efforts.

For the benefit of students, we encourage local education agencies (LEAs) to be familiar with this information. School boards and district administrators ensure that local policies and practices are in alignment and promote opportunities to increase awareness among school staff.

Federal Law

You may find a brief overview of federal laws that relate to the education of students in foster care below.

Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351

This law requires state child welfare agencies to collaborate with their state and local education agencies to promote school stability and improve educational outcomes for children in foster care ( Chapter 1 (PDF), pgs. 14-15).

Education provisions in Fostering Connections to Success and Increasing Adoptions Act of 2008 include:

Emphasis on the importance of school stability, maintaining the school in which the child was enrolled at the time of placement

The need for coordination between state and regional child welfare and state and local education agencies

Assurance that the placements take into account the appropriateness of the current education setting and proximity to the school in which the child is enrolled at the time of placement in foster care

Ensure immediate and appropriate enrollment by child welfare and local education agencies, and provide ALL of the child's education records to the new school, if remaining in the same school is not in the child's best interest

* Share with your district and networks important reminders and joint guidance ED and HHS Letter to Chief State School Officers and Child Welfare Directors on Implementing the Fostering Connections Act and addressing school stability (outside source), May 30, 2014.

Family Educational Rights and Privacy Act - Uninterrupted Scholars Act

An amendment to the federal Family Educational Rights and Privacy Act (FERPA), Uninterrupted Scholars Act (USA) (January 2013), allows educational agencies and institutions to disclose a student's education records to child welfare case workers or other representatives of a state or local child welfare agency. An agency or organization legally responsible for the care and protection of the student is allowed access to education records. Department of Family and Protective Services (DFPS) staff, the child's caregiver, attorney ad litem, Court Appointed Special Advocate (CASA), and others identified by the court order are all examples. Additionally, USA permits educational agencies and institutions to disclose a student's education records. Educational agencies and institutions would not be required to have parental consent because of a court order. The court would have given the parent notice in specific types of court proceedings. These changes also apply to the confidentiality provisions identified in Individuals with Disabilities Education Act (IDEA). School staff must follow FERPA regulations when releasing school-related information ( Chap 9 (PDF), pgs. 70-71).

* Share with your district and networks - Letter and FAQ to Chief State School Officers on Guidance on the Amendments to the Family Educational Rights and Privacy Act by the Uninterrupted Scholars Act (outside source PDF) (May 2014).

Nutrition Assistance

Students in foster care are categorically eligible for all U.S. Department of Agriculture (USDA) child nutrition programs. Caregivers for children and youth in foster care do not have to complete a separate application to participate in these programs ( Chapter 10 (PDF), p. 74).

You can gather more information on nutritional assistance from the following links:

U.S.D.A. "USDA Announces Expansion of Nutrition Assistance for Foster Children, Provision Expands Safety Net against Childhood Hunger and Promotes Healthy Lifestyles" (outside source), February 3, 2011.

U.S.D.A. Child Nutrition Programs Food and Nutrition Service, "United States Department of Agriculture, United States Department of Health and Human Services, United States Department of Education" (outside source PDF), (see page 10 & 46).

You can locate state guidance for these provisions at the Texas Department of Agriculture, NSLP Handbook: Administrators Reference Manual (ARM) (outside source), Determining Eligibility - Special Milk Programs: 27.24, 27.33 and Section Four: 4.13,4.15,4.42,4.60.

Other U.S. Department of Education Resources and Information

You can find more information from the USDE regarding foster care and education below:

State Law

The following laws are identified in the Texas Education Code addressing students in foster care:

Data sharing and data collection requirements in PEIMS - TEC § 7.029 (Chapter 1 (PDF), p. 16; Chapter 5 (PDF), pgs. 45-46)

Immediate school enrollment without records - TEC § 25.002(g) (Chapter 7 (PDF), p. 56)

Attendance in the school the student was enrolled immediately before entering conservatorship, even when placed outside of the district attendance zone, until the student successfully completes the highest grade level offered by the school - TEC § 25.001(g) (Chapter 8 (PDF), p. 62)

Excused absences for court-ordered appointments - TEC § 25.087 (Chapter 10 (PDF), p. 75)

11th or 12th grade student who transfers to a new school district and does not meet the graduation requirements of the new school district may request a diploma from the former school district, when on-track to graduate at the previous school - TEC § 28.025 (Chapter 9 (PDF), p. 92)

Free eligibility for PRE-K - TEC § 29.153(b)(6) (Chapter 10 (PDF), p. 74)

Accelerated instruction (at-risk indicators and compensatory education) - TEC § 29.081(d)(11) (Chapter 6 (PDF), p. 51; Chapter 11 (PDF), pgs. 82-83)

Free lifetime college tuition and fees waiver. The waiver is activated when a student enrolls in dual credit or another course where a student may earn college credit- TEC § 54.366 - (Chapter 13 (PDF), pgs. 104-106)

School districts and open enrollment charter schools are required to appoint a Foster Care Liaison and notify TEA of their Foster Care Liaison appointment - TEC § 33.904 (Chapter 5 (PDF), p. 44)

Transition Assistance from one school to another of students in foster care - TEC § 25.007 (Chapter 11 (PDF), pgs. 84-91).

Supporting Successful School Transitions

There are numerous components included as a part of TEC § 25.007 to promote successful school transitions for students in foster care. LEAs play an important role in developing processes and systems to support these mandates. Districts should also consider how to adapt existing practices and processes for other mobile students to address the education and successful transition of students in foster care.

The Texas Foster Care & Student Success Resource Guide (PDF), specifically Chapter 11 (PDF), pages 83-91 provides introductory information to support implementation of TEC § 25.007:

Transfer records within 10 working days after the date the student begins enrollment - TEC § 25.007 subsection (b)(1)

Develop practices to ease transition in the first two-weeks of enrollment at a new school - TEC § 25.007 subsection (b)(2)

Award credit, including partial credit, if appropriate, for course work, including electives, completed while enrolled at another school - TEC § 25.007 subsection (b)(3)

Facilitate access to extracurricular programs, summer programs, credit transfer services, electronic courses provided under the Texas Virtual School Network, and after-school tutoring programs at nominal or no cost - TEC § 25.007 subsection (b)(4)

Establish procedures to lessen the adverse impact of the movement to a new school - TEC § 25.007 subsection(b)(5)

Enter into a memorandum of understanding with DFPS regarding the exchange of information as appropriate to facilitate the transition of students in foster care from one school to another - TEC § 25.007 subsection (b)(6)

Provide services for a student in foster care when applying for admission to post-secondary study and when seeking sources of funding for post-secondary study - TEC § 25.007 subsection(b)(7)

Accept a referral for special education services made for a student in foster care by a school previously attended by the student - TEC § 25.007 subsection (b)(8)

Provide notice to the child's educational decision maker and caseworker regarding events that may significantly impact the education of a child, including, but not limited to - TEC § 25.007 subsection (b)(9)

Require all students in DFPS Managing Conservatorship to present an Education Decision-Maker 2085 (E-2085) form at enrollment in accordance with Family Code § 263.004. This clarifies for schools who the education decision-maker and caseworker are for each student. If a student does not have this form at enrollment, request it from the caregiver. The form includes the contact information for the education decision-maker and caseworker.

Include significant education events such as:

Requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;

Admission, review, and dismissal committee meetings;

Manifestation determination review required by Section 37.004 (b);

Disciplinary actions under Chapter 37 for which parental notice is required;

Citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;

Reports of restraint required by Section 37.0021.

Corporal punishment, as provided by Section 37.0011, is not permitted for foster care students.

Allow a student in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year - TEC § 25.007 subsection (b)(10)

Review the Personal Graduation Plan and Course Credit accrual for students who are not likely to receive a high school diploma before the 5th school year following enrollment in grade 9 - TEC § 25.007 subsection(b)(11)

Ensure that 11 or 12 grade students in DFPS conservatorship are provided information about the tuition and fee waiver, dual credit, or other courses where a student may earn joint high school and college credit - TEC § 25.007 subsection (b)(12)

Texas Education Agency Communications - Foster Care

TEA distributed numerous communications addressing students in foster care. Review TEA Correspondence for new letters as they become available.

Join TEA's Foster Care Education Mailing List and select Foster Care Education.

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Foster Care & Student Success - Education Laws and Guidance

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There are many federal and state laws that exist to advance the education of students in foster care. Knowledge of the laws and how to apply them is critical so these laws are understood and followed. Numerous links to more information and law references are included below.

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Judicial Law: 31 Foster Children v. BUSH, 2003 No. 02-10180:

In June of 2000, the plaintiffs filed suit on behalf of themselves and a statewide class of children in custody of the defendants. The amended complaint brings awareness to the communities nationwide that foster care
1. Children/students have the right in making sure that their rights to safe care is a priority.
2. Race should not play a factor.
3. The living plan that ensures both the child’s safety and best interests.

Reference: 31 Foster Children v. Bush

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31 Foster Children v. Bush | Civil Rights Litigation Clearinghouse

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School stability is a necessary component to improving the education outcomes and education experience for students in foster care, (SISD, 2019).
Law Cited: Foster Care The Every Student Succeeds Act (ESSA) has made significant changes regarding the education of students in foster care.

Reference: Spring Independent School District,  (2019) Foster Care. Retrieved from https://www.springisd.org/Page/1189

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Foster care is meant to be temporary until a permanent living arrangement is found and CPS no longer has legal custody of the child. However, for some children, it can become permanent. CPS strives to ensure quality services for children in foster care. However, children in foster care may have to change placements several times while in foster care due to a variety of factors, such as licensing standards violations, court rulings, or changes in the foster home or facility. CPS consistently works towards increasing placement options to better match the needs of each individual child.

In Texas, CPS and the Texas Education Code use the term "substitute care" to refer to all children who are in the legal custody of CPS, including children who are placed either with a relative or in a licensed foster placement. "Conservatorship" is a term also used in the Texas Education Code and by CPS to describe the status of a youth who is placed in DFPS legal custody by a court order. Although not as commonly referenced, "substitute care" is interchangeable with the term "conservatorship."

School stability is a necessary component to improving the education outcomes and education experience for students in foster care. Research highlights the link between school stability and improved graduation rates. According to Casey Family Program's National Alumni Study, youth who had one fewer placement change per year were almost twice as likely to graduate from high school before leaving care.8 It is widely recognized that school mobility contributes to negative education outcomes and has adverse effects on students generally.

Education provisions in Fostering Connections to Success and Increasing Adoptions Act of 2008 include:

Emphasis on the importance of school stability, maintaining the school in which the child was enrolled at the time of placement, and the need for coordination between state and regional child welfare and state and local education agencies.

Assurance that the placements take into account the appropriateness of the current education setting and proximity to the school in which the child is enrolled at the time of placement in foster care.

If remaining in the same school is not in the child's best interest, the child welfare and local education agencies will work together to ensure immediate and appropriate enrollment and provide ALL of the child's education records to the new school.

Documents Needed To Enroll a Student in Foster Care

Birth Certificate or other proof of identity

Copy of previous school records

Proof of immunizations

Placement Authorization form (2085)

Copy of child's school records

NEW-Foster Care The Every Student Succeeds Act (ESSA) has made significant changes regarding the education of students in foster care. Amendments to Title I, Part A strengthen school stability requirements for students in foster care and align federal child welfare and education law. Spring ISD is committed to providing quality education to all students and has developed and implemented procedural guidelines in collaboration our internal district departments and our designated the Child Protective Services (CPS) Regional Education Specialists.
Foster Care Procedural Guidelines are located on the Spring ISD Staff Intranet.

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Federal and State Programs / Foster Care

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Foster care is meant to be temporary until a permanent living arrangement is found and CPS no longer has legal custody of the child. However, for some children, it can become permanent. CPS strives to ensure quality services for children in foster care.

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The American School Counselor Association (ASCA, 2016) A.10 Underserved and at-risk Population: supports students in Foster Care (2016) by implementing school counseling programs to meet the needs academically and socially.

Reference:

American School Counselor Association. (2016). The school counselor and supporting students in foster care. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_FosterCare.pdf

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Casey Life Skills Tool:

When foster care students “age out” of the system they have no support system and Casey Life Skills is a free tool that helps the behaviors and competencies youth needs to achieve their long-term goals for free.

Reference:

Casey Family Programs, (2019). Casey Life Skills. Retrieved from https://caseylifeskills.secure.force.com/clsa_learn_provider

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Casey Life Skills (CLS) is a free tool that assesses the behaviors and competencies youth need to achieve their long term goals. It aims to set youth on their way toward developing healthy, productive lives. Examples of the life skills CLS helps youth self-evaluate include:

Maintaining healthy relationships

Work and study habits

Planning and goal-setting

Using community resources

Daily living activities

Budgeting and paying bills

Computer literacy

Their permanent connections to caring adults

To preview the Casey Life Skills Assessment click here and go to page 3.

Who benefits from CLS?

CLS is designed to be used in a collaborative conversation between an educator, mentor, case worker, or other service provider and any youth between the ages of 14 and 21. It is appropriate for all youth regardless of whether they are in foster care, live with their biological parents, or reside in a group home.

What happens after a youth takes the assessment?

Youth typically will require 30-40 minutes to complete the CLSA. Their answers are available instantly for you to review with the youth in a strengths-based conversation that actively engages them in the process of developing their goals.

CLS also offers a Resources to Inspire Guide that helps you take the next step: using CLS results to create a learning plan that can help youth gain the skills they need.

To learn more about how to administer the assessment, download the CLS Practice Guide.

Compliance

If you're a registered provider, records of the youth to whom you've administered an assessment are stored for later reference. These records may be helpful to meet your state's compliance requirements.

Some states may be able to use CLS to meet the transition requirements of the Fostering Connections to Success and Increasing Adoptions Act. CLS can also support your Chafee Foster Care Independence Programs.

Privacy

The CLS Privacy Policy is located here.

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Casey Life Skills (CLS) is a free tool that assesses the behaviors and competencies youth need to achieve their long term goals. It aims to set youth on their way toward developing healthy, productive lives.

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Slide 13: Recommendations/Best Practices for Compliance on Foster Care Students Educational Stability

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Slide 13: Recommendations/Best Practices for Compliance on Foster Care Students Educational Stability

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K-12 school counselor legal guide that is information based on Education Stability for Students in Foster Care on general principles of law and is intended for information purposes for educators, (2018).

Recommendations and Best Practices for School Stability and Transitions for Foster Care Students:

1.     Create alternatives to keep children in their schools of origin.

2.     Improve decisions regarding keeping students in their schools of origin

3.     Support Every Student Succeeds Act (ESSA) 20 U.S.C. 2016 supporting children in foster care that children remain in school of origin, unless it is determined that it is not in his/her best interest.

4.     Support timely enrollment when children initially enroll or change schools.

5.     Improve timeless and efficiency of transfer of accurate school records to new schools.

6.     Address issues with students lost of credits and improve credit transfer and recovery.

7.     Support and maintain increases in school attendance.

Reference:

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