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Slide 1 Professional Perspective/Audience/Topic: From my professional perspective as a professional school counselor at elementary level, I think it is very important to address the current state of legal and ethical principles that affect students currently in the foster care system.

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Students in the foster care system:

1.       This legal guide topic is important in the field of education because there are an increasing number of students entering the foster care system.  These students are at higher risk for having an increased number of absences and higher school drop out rates.  Knowing the indicators for at risk students will help balance and steady their educational experience.  Providing a safe school environment for kids in the foster care system is imperative for their success.

2.      Best Practices:

·         Strong relationships between school and child welfare agencies.

·         Positive school climate.

·         Training- counselors need evidence-based information to effectively serve this population.

3.        There is currently a house bill, HB 2975, that relates to prohibiting the physical restraint of certain students by peace officers and school security personnel under certain circumstances with this student population.   This will be seen more in the future as different procedures and interventions are put in place to handle or diffuse behavior problems.  This particular law does not apply to older students but instead those 10 years old and younger.  This will impact educators and how they handle behavior problems for this specific population.

4.  Wendy Hollabaugh, CFE Coordinator, Big Country Casa, https://bigcountrycasa.org/big-country-casa-staff/

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Reference: Texas Education Agency. (2020). Foster care and success - education laws and guidance. https://tea.texas.gov/academics/special-student-populations/foster-care-and-student-success/foster-care-student-success-education-laws-and-guidance

This resource discusses the fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351.  It covers FEPRA, nutrition assistance, outside educational resources, state laws for addressing students in foster care and how to support successful school transitions.

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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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This article discusses students currently in the foster care system, their trauma, and supportive classroom practices to help these students.

Classroom practices include:
*creating a sense of safety
*giving students a sense of control of their environment
*working to ensure students feel connected
*teaching self regulation skills

The article also provides valuable information on what you can do when or if a student shares personal information with you.

Lastly it discusses how educators can foster youth as the exit the system.

Reference:
Alber, B. (2019). Supporting students living in foster care.  http://www.edutopia.org/article/supporting-students-living-foster-care

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In the U.S. today, more than 400,000 children are in foster care at any given time, and they have a high likelihood of having experienced neglect or physical, sexual, or emotional abuse, according to Jill Rowland, director of the Alliance for Children's Rights.

Rowland told me that the following statistics on students in foster care in my home state of California are representative of the nation as a whole:

By third grade, 83 percent of students in foster care have repeated a grade.

The dropout rate for students in foster care is 31 percent, compared to 10 percent for all students.

Only 52 percent of foster youth graduate high school, compared to 84 percent of all students.

More than 70 percent of foster youth aged 7 and above have experienced trauma and/or exhibit mental health symptoms.

"Teachers can identify signs of trauma and trauma triggers by looking for fight, flight, or freeze behaviors," explains Rowland. "Fight behaviors really mean any large or explosive behaviors that don't seem to line up with whatever was the stimulus or trigger." An example of a fight behavior would be screaming or cursing at a teacher when they ask the student to answer a math problem. Flight behaviors can look like a student checking out, falling asleep in class, always keeping their hoodie up, or hiding under a desk or table. Freeze behaviors can be a student appearing confused when spoken to, or staring blankly when asked a question.

An essential goal for classroom teachers is to create a classroom environment with few potential trauma triggers. According to the U.S. Department of Education, "A positive pre-K-12 education experience has the potential to be a powerful counterweight to the abuse, neglect, separation, impermanence, and other barriers these vulnerable students experience."

Supportive Classroom Practices

When I taught at a public high school in a high poverty part of Los Angeles, I had dozens of students in foster care come through my classroom. Some would be with me for a whole school year, others for just a few months or even weeks. I often felt ill equipped to support them.

What can we do as educators? In my conversation with Rowland, she emphasized that when teachers are assisting struggling students like those in foster care, it's critical to cultivate and maintain a comfortable and safe classroom community.

Creating a sense of safety: Give students additional space when they need it-for example, allow them to leave a group they're working with and sit elsewhere to finish a task independently if they need space.

Giving students a sense of control of their environment: This primarily comes in the form of choices such as asking students where they'd like to sit or how they'd like to complete an assignment.

Working to ensure that students feel connected: Check in with students often so they feel cared for and seen. Rowland recommends the 2x10 method: The teacher spends two minutes, for 10 school days in a row, simply talking to a struggling student about anything of interest to the student-it could be sports or music, for example. Or just ask how the student's day is going. These conversations should not be about schoolwork, homework, home life, or any other stressor, unless the student brings it up.

Use this method to build better relationships with your students who struggle the most, or who give you the hardest time by repeatedly testing boundaries.

Teaching self-regulation skills: Teach students deep breathing and meditation or mindfulness exercises, and allow them to take time out to use these techniques when needed.

There are a couple of other simple things we can do as educators. First, use the term "caregivers" along with "parents" in your classroom. This is inclusive and works for all of your students who are not experiencing a home situation with parents. They'll notice this small but powerful change.

Also, you won't always know if you have a child in foster care in your classroom, but you can just assume that you do and act accordingly-the ideas above are good for all students. Most school districts receive a weekly notification concerning students in foster care and then decide who needs to know a student's foster care status for legitimate educational purposes. "I think that arguably teachers do need to know who their foster youth students are so that they address their needs," says Rowland, "but that is ultimately a district decision."

When a Student Shares Personal Details With You

I had students confide in me that they were in foster care, and I had hunches about others who did not share that with me. According to Rowland, there are several points to keep in mind when a student does share their foster care status with you.

If or when students feel safe and choose to disclose foster care status, it must be on their terms. Make sure the student has a private space to speak with you, and keep in mind that this information is confidential.

Don't ask questions about trauma. Rowland says, "It's important to remember that appropriate interventions don't require the child telling their trauma history, which can often retraumatize a student, but rather can focus on helping a child feel safe."

Be empathic. Use statements like, "That must be so horrible for you," "I'm so sorry you are going through that," and "What can I do to help?" Asking if they need anything-clothing, food, or school supplies-is a signal that you care about their well-being.

Supporting Foster Youth as They Exit the System

About 20,000 students exit foster care each year-a process also called emancipation or aging out. If you're teaching high school juniors or seniors who have discussed their foster care status with you, you can guide them to a resource called the Foster Care Transition Toolkit and offer time during lunch or before or after school to read through it together. This toolkit is intended to help the students access the information and resources they need to begin their transition to young adulthood. It's also a resource for caring and supportive adults in their lives so they are best informed during this transition.

"Teachers often have a profound impact on the students they connect with, and that is especially true in the turbulent lives of foster youth," explains Rowland. "Many of the youth that I work with talk about the teachers and other adults at school that they felt cared for them and who inspired them to pursue their education."

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Supporting Students Living in Foster Care

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In the U.S. today, more than 400,000 children are in foster care at any given time, and they have a high likelihood of having experienced neglect or physical, sexual, or emotional abuse, according to Jill Rowland, director of the Alliance for Children's Rights.

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This article discusses student absentee rates and school outreach to families in distress and how this can be critical in reducing  the number of students entering the foster care system. This article also discusses the Family First Act and what it provides.

Reference:
Sparks, S. (2019). School changes can help keep students in class, out of the foster system. http://www.edweek.org/leadership/school-changes-can-help-keep-students-in-class-ut-of-foster-system/2019/04

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Toronto
In the United States, entering the child welfare system doubles a student's risk of chronically missing school-but for educators hoping to boost attendance, context is key.

A new study previewed here at the American Educational Research Association's annual meeting suggests that different kinds of family problems can aggravate students' absenteeism in different ways, and schools should work to understand that context when crafting supports to help students get to class.

Kevin Gee, an associate education professor at the University of California Davis, looked at national absenteeism data for a representative sample of 250 school-age students who were involved in a formal child protective services investigation between 2008-09 and 2011-12. That information, which came from the National Survey on Child and Adolescent Well-Being, represented 160,000 students involved in the system.

Eighteen percent of the students missed at least 15 days of school in the year they were involved in investigations, Gee found-twice the national absenteeism rate. Nearly 3 in 4 of those students were investigated because of suspected neglect, but Gee found those students weren't driving the increase in absenteeism. Rather, physical abuse was associated with significantly more school absences than neglect or emotional or sexual abuse. Interestingly, Gee found a student's physical-abuse history was more strongly associated with chronic absenteeism than a student switching foster care placements.

While a few states, such as Oregon, require districts to take student trauma into account when planning to improve student attendance, Gee said many schools know little about how to address issues of abuse or home instability in efforts to address chronic absenteeism. In fact, because most states have been slow to share data among school districts and child welfare agencies as called for under the Every Student Succeeds Act, in many schools, teachers aren't even aware when a student's family is under investigation, much less why.

"The most common reporter of abuse and neglect for adolescents are the schools themselves," said Rob Geen, the director of policy reform and advocacy at the Annie E. Casey Foundation, which studies children in foster care. "So having child welfare systems work collaboratively with the schools would ... provide an opportunity to wrap around services and supports to the family. That's better for everyone involved."

Schools Supporting Families

In fact, school outreach to families in distress can be critical to reduce both student absenteeism and the number of students entering foster care, Geen said.

Data released earlier this week by the Casey Foundation show fewer children entering the foster care system, in part due to changes in state and federal laws that encourage more family supports.

The Family First Act, passed last year as part of the Congressional budget reconciliation, provides money for state efforts to reduce the number of children entering foster care, as well as to keep those who are in the system in family placements rather than group homes. The law allows states to reimburse mental health care, drug and alcohol abuse treatment, and in-home training programs to boost parenting skills.

"We're at a sort of unique moment in time, a moment of opportunity right now," Geen said. "States now have new resources and an opportunity to design interventions that are focused on preventing kids from coming into care. If I was an education person, I would want to be at the table providing advice on what I see and what I think is needed."

For students who are removed, the Casey Foundation found the percentage of foster children placed with families, as opposed to group homes, has ticked up over the last decade across all states and Washington, D.C., from 81 percent in 2007 to 86 percent in 2017.

"We believe that if a child can't be with someone they already know, the next best option is a well-supported family that can give them individualized attention and care," Geen said.

That matched Gee's findings. Children placed with a biological or adoptive parent were less likely to miss school than those placed with a relative, he found, and children cared for in homes with more children overall missed more school than students placed in homes with fewer children.

"I think in some ways we need to flip the narrative on absenteeism. We focus a lot on problems with the kids, or drama with the family, but I thing there are also broader systemic issues involved," Gee said.

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School Changes Can Help Keep Students in Class, Out of Foster System

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Toronto In the United States, entering the child welfare system doubles a student's risk of chronically missing school-but for educators hoping to boost attendance, context is key. A new study previewed here at the American Educational Research Association's annual meeting suggests that different kinds of family problems can aggravate students' absenteeism in different ways, and schools should work to understand that context when crafting supports to help students get to class.

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State Level Law
Statutory Law
Citation: Tex. Fam. Code Ann. § 263.008 (2015)
Link: Texas Family Code Section 263.008 - Foster Children's Bill of Rights (2019) (public.law)

This law creates the Foster Care Bill of Rights for children in foster care.

The child's rights relate to abuse, neglect, exploitation, discrimination, and harassment; food, clothing, shelter, and education; and medical (much more is encompassed in the Foster Care Bill of Rights).

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Texas Family Code Section 263.008 - Foster Children's Bill of Rights (2019)

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Title 5, The Parent-child Relationship and the Suit Affecting the Parent-child Relationship; Subtitle E, Protection of the Child; Chapter 263, Review of Placement of Children Under Care of Department of Family and Protective Services; Section 263.008, Foster Children's Bill of Rights. Refreshed: 2021-06-07

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Administrative Law
Citation: 42 U.S.C. 666(f)(1994).
Link: https://law.justia.com/codes/us/1994/title42/chap6/subchapiv_2/partd/sec666

Title 42 is public health and welfare.

Chapter 6 refers to the Children's Bureau.

Subchapter IV_2-Subchapter IV - provides grants to states for aid and services to needy families with children and for child welfare programs.

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Constitutional Law
Citation: U.S. Const. amend. XIV
Link: U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Constitutional law requires that all children be given an equal opportunity to free education. This law is intended to be free of bias. This benefits foster youth as they are often times in very troubled situations and prefer to not experience bias or pity because of their situation. It also benefits them because no matter where they are relocated to, they will have free education, no matter the circumstance.
Doesn't matter if you are:

rich

poor

White/Black/Asian

religious or not

citizen or non citizen

You are entitled to free education.

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Judicial Law (Federal Judicial Law)
Link: H.R.867 - 105th Congress (1997-1998): Adoption and Safe Families Act of 1997 | Congress.gov | Library of Congress
Original Law Citation: Adoption and Safe Families Act of 1997, Pub. L. No. 105-89, 111 Stat. 2115.  http://www.congress.gov

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

This law benefits and encourages foster youth to seek higher education. Starting in 2011, youth up to ages 19, 20, and 21 could receive federal financial reimbursement.
Qualifications:

must finish high school or an equivalency program

enrolled in post-secondary or vocational school

must be employed for 80 hours per month

participate in job enhancing opportunities

medically incapable of meeting the above qualifications

More info at:  Fostering Connections to Success and Increasing Adoptions Act (nacac.org)

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Local Administrative Law
Link: Homeless Education | Abilene Independent School District (abileneisd.org)
Abilene Independent School District McKinney-Vento Homeless Education Program
Reference: AbileneISD. (n.d.). Abilene Independent School District McKinney-Vento Homeless Education Program. http://www.abileneisd.org/our-district/homeless-education/

Qualify to receive transportation from their current residence back to their school of origin

(This policy applies to foster youth as well).

Foster youth are usually uprooted from everything that is familiar to them, new home, new rules, different family, etc.  This policy provides transportation for foster and homeless youth so they can continue at their current school.

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Ethical Principle
Link:Ethical-Standards.pdf (schoolcounselor.org)
Reference: American School Counselor Association. (2016).  ASCA ethical standards for school counselors. http:/www.schoolcounselor.org/getmedia/fo41cdb0-7004-47a5-ba0-3a5d657c6743/Ethical-Standards.pdf

"A.2 Confidentiality
(d) Explain the limits of confidentiality in developmentally appropriate terms through multiple methods such as a student handbooks, school counselor department websites, school counseling brochures, classroom lessons and/or verbal notification to students," (ASCA, 2016, A.2(e)).

There is a lot of information that comes with foster youth and most of that information is confidential and does not need to be shared.  Teaches and foster youth are often times unaware of confidentiality laws and it would be beneficial for counselors to have multiple tools in their counseling toolbelt to advise when needed.

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Personal Connection:
The specific topic I chose does not apply to my personal educational journey.  However,  I am a CASA and I am involved in the educational needs of my CASA kiddo.  These laws and ethics help me to help her.  I am grateful there are laws out there at all levels that help foster youth.  They did not choose to be in their current situations and often times they  need extra help.  These laws provide educational, medical and financial help for foster youth.

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Best Practices:
1. Strong relationships between school, students, case workers and foster parents.
2. Evidence based trainings.
3. Positive school climate.
4.  Open communication
5.  Be knowledgeable of legislation and resources that  benefit foster youth.
6. Engage students in school