Transitioning Foster Students in the PK-12 Educational System by Marci Reagan https://padlet.com/mwalker322/bsm1wpg7mr6w7q45 Legal & Ethical Guide en-us 2021-07-19 00:21:59 UTC 2025-02-04 21:06:20 UTC hello@padlet.com Slide 1 - Professional Perspective mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653957246  As an elementary school counselor, I am in a unique position to gain insight from the foster student, teachers, foster parent, and child protective agency. Acquiring information from various sources allows the counselor to appropriately advocate for the foster child's needs. Because I work in a Title One school that has a high enrollment of foster students, I see the value of promoting educational stability for these students who are experiencing many changes in their life. 
The purpose of this padlet is to inform teachers and school staff about the laws, ethical responsibilities, and concerns surrounding foster children's educational stability. Information is provided informing readers about difficult circumstances foster children may experience as they wait for placement. This information is intended to promote awareness that will enable educators to make informed decisions regarding foster students.]]> 2021-07-19 00:28:03 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653957246 Slide 2 - Summary of Topic mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653995569 Children and youth in foster care represent one of the most vulnerable populations attending public schools (American School Counseling Association, 2018).  The unplanned school changes many foster care students experience can lead to academic difficulties. Highly mobile students are more likely to fall behind when compared to their less mobile peers (U.S. Department of Education & U.S. Department of Health and Human Services, 2016).  When schools have intentional plans and protocols in place to meet the needs of foster students, educational stability can be achieved. Constitutional, statutory, judicial, and administrative laws are in place to protect and benefit foster students as they are forced to transition in and out of schools.

U.S. Department of Education & U.S. Department of Health and Human Services. (2016). Non-regulatory guidance: Ensuring educational stability for children in foster care. https://oese.ed.gov/files/2020/09/Non-Regulatory-Guidance_06-23-2016.pdf]]> 2021-07-19 00:49:04 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653995569 Slide 3 - Professional Association mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653996593 According to the American School Counselor Association (2018), school counselors recognize the strengths and grit of foster students as they advocate for the student's right to educational stability. School counselors are knowledgeable of laws and policies that impact a student's school placement and educational experience. School Counselors work proactively and collaboratively with the stakeholders of the foster student.

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]]> 2021-07-19 00:49:38 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653996593 Slide 4 - Current News Article mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653997774 School districts are searching for ways to support foster students as the number of children that enter care continues to increase (Harper, 2018). 
  • School districts seek to support foster students by supplying mental health counselors, collaborating with community organizations, providing staff training, and diligently tracking foster students' progress. 
  • Data shows only 60% of foster students graduate from high school.
  • On average, foster students miss 5 weeks of school each year.
  • Schools struggle to meet the requirements of the Every Student Succeeds Act of 2015.
Harper, A. (2018, September). School districts explore strategies to support students in foster care. K-12 Dive. https://www.k12dive.com /news/school-districts-explore-strategies-to-support-students-in-foster-care/532046/
]]> 2021-07-19 00:50:21 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653997774 Slide 5 - Current News Article mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653999881 According to Oxner and Bohra (2021), the Texas foster care system struggles to meet children's needs with inadequate budgets and a lack of safe placement options for children. 
  • Children are sleeping in the office of caseworkers due to the lack of placement options.
  • Children are not attending school as they wait for a placement. 
  • Many foster children have experienced abuse, neglect, or other forms of trauma. Living in an office waiting for placement is not acceptable for these children.
  • Advocates seek an increase in funding; however, other political agendas are causing a delay in getting foster children's needs met appropriately. 
This article applies to the stability of foster children entering school because school staff must know the conditions a student may have experienced before enrollment.

Oxner, R. & Bohra, N. (2021, July). Texas foster care crisis worsens, with fast-growing numbers of children sleeping in offices, hotels, churches. The Texas Tribune. https://www.texastribu ne.org/2021/07/19/texas-foster-care-crisis/

]]> 2021-07-19 00:51:31 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1653999881 Slide 6 - Constitutional Law (U.S. Const. Amend. XIV) mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654000759
  • The Equal Protection Clause of the 14th Amendment requires states to apply the law equally to all citizens.
  • This would include allowing children placed in foster care to attend public schools (U.S. Const. Amend. XIV).

    • ]]>     2021-07-19 00:52:00 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654000759     Slide 7 - Statutory Law (Tex. Educ. Code § 25.001 et seq.) mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654020915 Texas Education Code supports educational stability for a child who is under the care of the Department of Family and Protective Services.

    • If it is in the best interest of the child, the child may continue to attend the school of original origin even if the fostering family lives outside of the school district (Tex. Educ. Code § 25.001).

    Texas Education Code acknowledges students who are in foster care experience numerous transitions and seek to create smoother educational transitions by:
    • ensuring student’s educational records are transferred to the new school within 10 days of enrollment,
    • supportive programs for the child during the first two weeks of transition,
    • awarding appropriate credit for previous and current courses,
    • participation in extra-curricular activities,
    • agreeing to share information with the Department of Family and Protective Services regarding the student’s information as appropriate,
    • requiring schools to contact the student’s educational decision-maker and caseworker when significant educational decisions or changes occur (Tex. Educ. Code § 25.007).
    Admission, Tex. Educ. Code § 25.000 et seq.

    ]]>     2021-07-19 01:03:20 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654020915     Slide 8 - Judicial Law (Brown v. Board of Education, 1954) mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654038736
  • In Brown v. Board of Education, the U.S. Supreme Court ruled that state laws requiring racial segregation in public schools to be unconstitutional based on the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.
  • While Brown was based on race, the case has been used to enforce equal access to education for all citizens which would include children in foster care.
    • Brown v. Board of Education, 347 U.S. 483 (1954)
    ]]>     2021-07-19 01:12:15 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654038736     Slide 9 Statutory Law (Fostering Connections to Success Act of 2008) mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654044911 The Fostering Connections to Success Act is an amendment to Title IV-E of the Social
    Security Act.
    • This law promotes educational opportunities for children in the welfare system.
    • The Act requires all compulsory aged children in care to attend school.
    • State child welfare agencies are to work with educational agencies to provide school
    stability for children in foster care.
    • Children are allowed to remain enrolled in the original school after placement if it is in
    the best interest of the child.
    • Collaboration is encouraged between state, regional and local welfare agencies to
    improve educational outcome for foster children.
    • Educational records are to be made available when a foster child has to enroll in a new school. Enrollment in school should happen immediately.
    • The Fostering Connections to Success Act (2008)  forced agencies to make the educational needs
    of students in foster care a priority.
    • State and local agencies have the responsibility to implement the Fostering Connections to Success Act.

    Fostering Connections to Success Act, Pub. L. No. 110-351 (2008).

    ]]>     2021-07-19 01:15:35 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654044911     Slide 10 Administrative Law (Brownwood I.S.D. Student Handbook, 2020) mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654278266
  • Foster students who enroll in the district after the start of the school year are allowed credit-by-examination at any point during the school year.
  • Foster students who move outside the district or school’s attendance boundary may remain at the school enrolled prior to the placement (Brownwood I.S.D. Student Handbook, 2020).
    • Brownwood ISD Student Handbook. (2020). https://www.brownwoodisd.org/site/handlers
    /filedownload.ashx?moduleinstanceid =5732&dataid=6866&FileName=BISD%20MSHB_English_2020.pdf

    ]]>     2021-07-19 03:34:20 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654278266     Slide 11 - Ethical Principle mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654301977 School counselors advocate for the rights of foster students to receive an appropriate education without discrimination or isolation. School counselors collaborate with students to ensure students are safe at home and school. When appropriate, counselors connect students with additional resources to maximize student success and safety (American School Counselor Association, 2016).

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

    ]]>     2021-07-19 03:53:26 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654301977     Slide 12 - Non-Law Source mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654303354 Texas Education Agency et al. (2013) Foster Care and Student Success Resource Guide supports educators by providing useful information for creating a positive educational experience for students in foster care. Relevant laws and best practices are shared as a collaboration between agencies involved in the life of a foster student are promoted.

    Texas Education Agency, Texas Department of Family and Protective Services, & Supreme Court of Texas Permanent Judicial Commission for Children, Youth, and Families (Children’s Commission). (2013). Foster care and student success: Texas systems working together to transform education outcomes of students in foster care. Austin, TX: Author. https://tea.texas.gov/sites/default/files/resource-guide.pdf
     
    ]]>     2021-07-19 03:54:35 UTC https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654303354     Slide 13 - Best Practices for Compliance mwalker322 https://padlet.com/mwalker322/bsm1wpg7mr6w7q45/wish/1654304034 Creating protocols for school staff to comply with federal, state, and local policies is crucial in ensuring the educational stability of foster children.
    • School staff collaborates and assists child welfare agencies in making “best interest of the child” educational decisions, including determining whether or not it is in a child’s best interest to remain in their school of origin or enroll in a new school.
    • Ensure that student records are requested or sent promptly as applicable. This allows schools to make decisions about the foster student's education plan quickly.
    • Designate a school liaison to communicate regularly
      with the child welfare agencies regarding the student's needs, progress, and any areas of concern.
    • Train teachers and other educational professionals about the specific needs of foster children and youth. Prepare school staff for any unique circumstances involving a foster student that could impact the educational setting and progress of the student. Training should include information on attachment issues, fetal alcohol spectrum disorder, the effects of trauma, grief, and loss, and other common issues in foster care.
    • Be willing to show flexibility in school procedures in response to the specific needs of each foster child. For example, if it is appropriate and in the student's best interest, allow a student to attend mainstream school part of the day and attend special classes or be homeschooled for other parts of the day (North American Council on Adoptive Children, n.d.)
    • Provide opportunities for foster students to connect with others in similar situations. It is likely the student feels powerless over their situation and lacks a sense of belonging. Promote activities that provide engagement with other students 
    • When a foster student arrives on a new campus, immediately connect them with the school counselor. The counselor should serve as their advocate. Begin by welcoming them onto the campus, describing school procedures, giving the student a tour of the campus, introducing the student to other students, and ensuring the student knows how to contact the counselor. 
    North American Council on Adoptive Children. (n.d.). Educational needs of children in foster care and adoption. https://www.nacac.org/advocate/nacacs-positions/educational-needs/


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