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Reference:
HCISD Student Handbook. (2019- 2020). Students in foster care. HCISD.

https://www.hcisd.org/apps/pages/index.jsp?uREC_ID=1223436&type=d&pREC_ID=1475613

Link:
https://www.hcisd.org/apps/pages/index.jsp?uREC_ID=1223436&type=d&pREC_ID=1475613

Reference:
Harlingen CISD Policy Admissions. (2019). Students in Foster Care. https://pol.tasb.org/Policy/Download/255?filename=FD(LEGAL).html&title=ADMISSIONS&subtitle=
Link:
https://pol.tasb.org/Policy/Download/255?filename=FD(LEGAL).html&title=ADMISSIONS&subtitle=

Local Administrative Law:
2 Tex. Educ. Code § 25.001(f). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm

Summary:
Harlingen CISD (2019-2020) declares, “In effort to provide educational stability, the district will assist any student who is currently placed in foster care (temporary or permanent) with the enrollment and registration process, as well as the other educational services throughout the student’s enrollment in the district” (p. 70).

For further questions on foster care, HCISD has assigned a director of district’s foster care liaison, Dr. Jose Luis Cavazos. Additionally, all campus counselors advocate as foster care liaisons. All counselors will collaborate with the Parental Involvement Program to support and service the needs of all foster children.

Harlingen Consolidate Independent School District (2019) states, “A child placed in foster care by an agency pf the state or political subdivision shall be permitted to attend schools in the district in which the foster parents reside free of any charge to the foster parents or to the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by a district” (Texas Education Code §25.001(f)).

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ASCA Ethical Standards for School Counselors 

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ASCA Ethical Standards for School Counselors 

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Reference:
American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Link:
https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Summary:
The school counselor should know the legal and ethical standards involving foster children. This will assist them in learning foster children's rights to their education.
Furthermore, school counselors serve as liaisons between parental involvement and child welfare agencies to promote collaboration and address foster children's needs.

ASCA (2016) quotes:
A.1 Supporting Student Development
(a.) Have a primary obligation to the students, who are to be
treated with dignity and respect as unique individuals.
(e.) Are concerned with students’ academic, career and social/
emotional needs and encourage each student’s maximum development.
(g.) Are knowledgeable of laws, regulations and policies affecting
students and families and strive to protect and inform students
and families regarding their rights
A.2 Confidentiality
(a.) Promote awareness of school counselors’ ethical standards
and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and
information to school staff.

A.12. Student Records
a. Abide by the Family Educational Rights and Privacy Act
(FERPA), which defines who has access to students’ educational
records and allows parents the right to review and challenge
perceived inaccuracies in their child’s records.

B1 Responsibilities to Parents & Guardians
(a.) Recognize that providing services to minors in a school setting requires school counselors to collaborate with students’ parents/guardians as appropriate.

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Reference:
American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Link:
https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Summary:
This assignment was very helpful in helping me to gain the necessary knowledge to become a reliable source for students and their caregivers. As counselors, we must support and achieve students’ social/emotional, career, and academic needs (ASCA,2016). Regardless of any foster child’s situation, the counselor has to encourage student’s development to their maximum level. As a counselor, my role and duty are to gain knowledge and know the legal and ethical requirements needed to provide the appropriate service to our vulnerable students, such as foster children. As a current teacher, I have seen critical situations that put some of these children at higher risk of learning. Students in foster care have shown school instability, therefore; creating academic struggles.

In my role as a counselor:

I want to create a stable school environment.

I want to identify the characteristics of risk factors in foster children to build on resilience.

I want to use my knowledge of legal and ethical standards to inform foster students and their families with resources available to help them in all areas of need.

I want to collaborate with all stakeholders, such as district liaisons and agencies, to ensure that we target foster student’s needs.

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Professional Perspective:

My name is Linda Valdez. I have been teaching for ten years as a Kindergarten teacher. I enjoy working in an elementary level, with younger children. Throughout the years, there has been an increase on issues of children placement into the foster. This is one of the reasons why I decided to pursue my career in my Master of Professional School Counseling. My degree will give me the opportunity to advocate and service students who are experiencing challenges, and possible influence their ability to be successful in their education.

Audience:

The intended audience for this topic is for professional school counselors, caregivers, and teachers. Learning the legal and ethical guide is crucial for the role of counselors so that they can better serve the child in their academic, career, and social/ emotional needs. It is also important for counselors to collaborate with teachers, so that they can work together to identify the needs of foster children and ensure equity in all areas.

Working With Foster Children/ Students

The topic I chose is working with foster children. I chose this topic because it is an area in my field that I would like to gain more knowledge. I believe that counselors have a unique role that allows them to address the complex needs of students who are in foster care. In the past few years, I have seen an increase in CPS cases involving some form of trauma or child abuse and neglect. Counselors will encounter moments where they have to support foster children, and take into consideration the social and emotional needs of a foster child. Consequently, traumatic events and child abuse can affect the social/emotional needs of a foster child. Additionally, removal of the child into a foster placement can also be detrimental to the child’s social/ emotional needs. It is crucial for foster children to have an advocate, such as counselor, to help them in their academic, social/emotional, and career needs. The professional school counselor should have full knowledge of the child’s background and most importantly the legal and ethical standards that involve foster children. This topic is important for me to gain knowledge to become familiar with the law and to know about foster children’s rights to provide equity and full access in all areas of high need.

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Interview with Professional School Counselor, Lea Saldivar 

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Interview with Professional School Counselor, Lea Saldivar 

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link:
https://hcisd-means.edlioschool.com/apps/pages/index.jsp?uREC_ID=1110816&type=u

In my interview, I had a conversation with a Professional School Counselor by the name of Leah Saldivar. She is a counselor at Lee Means Elementary. Lee Means is one  of many campuses in my school district Harlingen CISD.
I asked Mrs. Saldivar some questions on the topic "Foster Children" and how it connects to her role as a professional school counselor.
Through this interview, I basically gathered that the counselor is assigned as the school liaison for Foster students. If foster students are enrolled at a campus, the counselor will meet with the student regularly and assist them with resources. Some requirements or compliance issues that are regularly monitored are the students basic needs, such as, the lack of school clothes and supplies, which the district/school can provide. Other areas, are social emotional needs that relate to building positive peer relations, transition to a new school (and new foster family), and acclamation to school setting.

Furthermore, I learned that the counselor does not write or revised policies related to foster children. In the Harlingen CISD district, the Parental Involvement department oversees the campus liaisons and share any new policies and rules.

Additionally, at the beginning of the school year, campus liaisons meet with the Parental Involvement department and share updates or issues.

In certain instances, court cases and their decision may impact the  work of a counselor. This is regarding custody issues outcomes, which one parent/guardian may not be contacted. Custody issue can intervene with the parent's rights of confidentiality (FERPA). Secondly, student's rights also includes the right for foster students to attend school, and meeting educational needs. Also, providing equity in all areas of need.

A situation that occurred at Lee Means was foster parent negligence, and Child Protective Service immediately became involved. This situation took years to resolve, therefore; the school staff and school counselor were always in contact with CPS and updating reports because the foster parent had an open case with them.

Harlingen CISD provides training through Region One and HCISD’s Parental Involvement department for campuses with foster students enrolled.  At the beginning of the school year, the district office notifies us if any foster students are enrolled at our campus. Due to the pandemic, Means did not have any foster students this year.

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Reference:

American School Counselor Association. 2018. The school counselor and supporting students in foster care. https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Supporting-Students-in-Fo

Link:

https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Supporting-Students-in-Fo

Summary:

The American School Counselor Association is reliable resource that gives information relating to my topic on foster children. This association is reliable because it clearly informs the school counselor’s role and policies. ASCA (2018) quotes, “School counselors recognize it is their duty to be knowledgeable about legislation, resources, and needs for students in foster care (p. 1). The American School Counselor Association guides school’s counselor by providing ethical

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Reference:

Sarisohn, H. (2018). Foster care, prison, homelessness: A harder look at teaching vulnerable students. Education Week. https://www.edweek.org/leadership/foster-care-prison-homelessness-a-hard-look-at-teaching-vulnerable-students/2018/03

Link:

https://www.edweek.org/leadership/foster-care-prison-homelessness-a-hard-look-at-teaching-vulnerable-students/2018/03

News Article 1:

In this news article, there is an issue concerning teaching vulnerable students. This report inspects foster children’s needs, and the challenges they encounter in academic learning (Sarisohn, 2018). There is a concern with foster children on moving around from to home, and the outcomes that affect academic learning. How can counselors or educators provide support and resources to help foster students become successful in their learning? One of the main challenges’ schools are encountering is finding good people to teach foster students. This is an area that needs further discussion to ensure that all student in out vulnerable state, such as foster students, are given equity and access to all resources.

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Reference:
Sparks, S.D. (2018). The gifted child in foster care: Lost in the shuffle. Education Week. https://www.edweek.org/leadership/the-gifted-child-in-foster-care-lost-in-the-shuffle/2018/03

Link:
https://www.edweek.org/leadership/the-gifted-child-in-foster-care-lost-in-the-shuffle/2018/03

News Article 2:
The article in Education Week, writes about a foster student who was gifted and talented and the academic challenges he was facing. who was gifted and talented. The student was a foster student who had encountered placement of ten homes while in foster care. Sadly, he student felt stability when going to school. Like most foster students he experience similarly instability and poverty, which made it challenging for teachers to notice his strengths in education. There are other various factors that create barriers in. education. The article in Education Week (2018) quotes, "The Every Student Succeeds Act requires school districts to understand a lot more about academically advanced students and those in foster care (Education Week, 2018). The goal here is to teach foster children the importance of resilience, so that they can learn to get through these difficult obstacles. Foster students should have support and resources offered to them, to increase academic achievement in all areas.

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School Counselors Support for Foster Students

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School Counselors Support for Foster Students

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Reference:
Texas Educational Agency. (2013). Foster care and student success: Texas systems working together
to transform education outcomes
of students in foster care. https://tea.texas.gov/sites/default/files/resource-guide.pdf
Link: https://tea.texas.gov/sites/default/files/resource-guide.pdf

It is the counselors duty to comply with the legal and ethical standards that protect and support foster students.

The term foster care refers to all children and youth who are in the custody of the State of Texas. Placement usually occurs when abuse and/or neglect are identified, regardless of their living arrangement.

Best Practices:
The counselor will:

Identify strengths and barriers that interfere with academic learning.

Maintain confidentiality and sensitive towards the background and trauma that foster children have experienced.

Collaborate with agencies by providing the appropriate sources needed to

Support foster student when having difficulty transitioning to other homes.

Provide foster students with immediate enrollment and free education.

Advocating for school stability by maintaining school placement.

Understand the unique challenges of students who are in foster care.

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Link: https://www.everystudentsucceedsact.org/#google_vignette

Summary:
ESSA (2015) is a law that was introduced to the Senate and signed by former President Obama. This law replaced and updated the No Child Left Behind Act (NCLB) which was signed into law in 2002.  According to the statement of purpose in ESSA (2015), "The purpose of this title is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps" (p. 1)

Reference: FERPA
Code of Federal Regulations, 34 C.F.R. 99.3

Link: https://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf

Summary:
Family Educational Rights and Privacy Act (1974)

-- It is a federal law that protects the privacy and disclosure of information on student educational records

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Reference:
(Tex. Const., Article 7, § 1)
Link:
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Summary:
The Constitutional Law provides children with free public school.
Student cannot be denied their education based on their economic background, race, ethnicity, gender, or citizenship.

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Reference:
17 Tex. Admin. Code § 89.1047

Link:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1047

Summary:
The Texas Administrative Law protects student's rights, including those with disabilities. This law ensures that the foster parent has legal obligations to owning the rights to act as a parent for the foster child.

(a) A foster parent may act as a parent of a child with a disability, in accordance with 34 Code of Federal Regulations (CFR), §300.30, relating to the definition of parent, if requirements of Texas Education Code (TEC), §29.015(a), are met, including the completion of the training program described in subsection (c)(1) of this section.  (1) For a foster parent to serve as a student's parent, a school district must ensure that the foster parent has received training described in subsection (c)(1) of this section. The foster parent must complete the training program before the student's next scheduled admission, review, and dismissal (ARD) committee meeting, but not later than the 90th day after the foster parent begins acting as the parent for the purpose of making special education decisions.

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Reference: Connor B. vs. Patrick.(2010).COURT DECLINES TO CONSIDER SUBSTANTIVE DUE PROCESS RIGHTS OF FOSTER YOUTH. 

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Reference: Connor B. vs. Patrick.(2010).COURT DECLINES TO CONSIDER SUBSTANTIVE DUE PROCESS RIGHTS OF FOSTER YOUTH. 

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Link: https://youthlaw.org/publication/court-declines-to-consider-substantive-due-process-rights-of-foster-youth/
Summary:
Several children had encountered harsh living conditions while in the care of the states foster care system. The children had gone through traumatic events, and were seeking
The amicus brief focused on the standard for establishing a violation of foster children’s substantive due process rights.