Legal & Ethical Guide: Foster Care & Education by Miranda O'Neal https://padlet.com/moneal19/d74yvl6pf8anbmf3 Foster Care & Education- Tips for School Counselors en-us 2020-07-16 18:45:47 UTC 2026-02-06 08:11:07 UTC hello@padlet.com https://padlet.net/icons/png/1f4da.png Slide 1: Professional Perspective/ Audience/Topic moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656281214 I am currently in the school counseling field and chose to learn more about legal and ethical principles relating to foster care and education. This guide was created for school counselors to best understand the enrollment process and other legal obligations regarding students in foster care. ]]> 2020-07-16 18:52:00 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656281214 Slide 2: Summary of Topic moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282071 "A positive PK-12 education experience has the potential to be a powerful counterweight to the abuse, neglect, separation, impermanence and other barriers these vulnerable students experience" (U.S. Department of Education, 2016). It is important that educators and child welfare agencies coordinate appropriately to give foster care students a positive educational experience. School counselors have an important role coordinating with these agencies. "National research shows that children in foster care are at high-risk of dropping out of school and are unlikely to attend or graduate from college" (U.S. Department of Education, 2016). Fortunately, there have been policies, advocacy, and practices implemented the last few years to better support foster care students (U.S. Department of Education, 2016).]]> 2020-07-16 18:53:15 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282071 Slide 3: Professional Association moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282147 The U.S. Department of Education created a toolkit to support youth in foster care and young adults who have aged out of the foster care system and are looking to pursue college and career opportunities. Seeking college and career opportunities is difficult for high school graduates; imagine doing it alone or without much guidance from an adult. This toolkit answers questions and provides "tips and resources to help youth and young adults tackle social,
emotional, educational, skills and resource barriers" (U.S. Department of Education, 2016).

U.S. Department of Education. (2016, May 26). Foster care transition toolkit. Retrieved from https://www2.ed.gov/about/inits/ed/foster-care/youth-transition-toolkit.pdf]]> 2020-07-16 18:53:22 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282147 Slide 4: Current News Article moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282228 This news article is an example of how lack of communication between state agencies and school districts can negatively impact foster care students. Massachusetts has thousands of foster care students who are struggling to succeed. Teachers are committed to providing valuable instruction to foster care students. However, gaps are being created due to lack of communication and complicated, confusing rules. Foster children are likely to attend multiple schools, experience chronic absenteeism, have significant discipline incidents, and drop out of school more than the general student population.

Salsberg B. (2019, April 23). Report: State must do more to help foster kids in school. Retrieved from https://www.wbur.org/edify/2019/04/23/foster-care-kids-education-report]]> 2020-07-16 18:53:29 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282228 Slide 5: Current News Article moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282285 This article explains how school is like a second home to children and teachers are critical to a child's sense and well-being. Valuable information is provided to encourage schools be thinking about how they can empathize and help foster care students feel valued and comfortable in their buildings. It also mentions the importance of keeping teachers updated on their students' new foster care placements or addresses. Ultimately, teachers' compassion and patience with foster care students is just as important as classroom instruction. "By nurturing an academic culture of awareness, openness and inclusivity, schools can provide a trusted, comfortable “home away from home” in which foster children can thrive" (Richter, 2019).

Richter, R. (2019, September 04). The education foster kids deserve. Retrieved from https://www.nydailynews.com/opinion/ny-oped-the-education-foster-kids-deserve-20190905-elwsyshrvvbqrom2xmwassy6fm-story.html]]> 2020-07-16 18:53:34 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282285 Slide 6: Statutory Law-The Fostering Connections to Success and Increasing Adoptions Act of 2008 moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282351 -Supports relative caregivers

-Improves outcomes for students in foster care

-Emphasizes school stability and appropriateness of a student’s education setting (Ex. Students should remain in the same school even if they move outside of the school district or the school
attendance area, unless there is a child-centered reason)

-Ensures appropriate enrollment procedures

Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351,

122 Stat. 154 (2008).

]]> 2020-07-16 18:53:39 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282351 Slide 7: Statutory Law- Uninterrupted Scholars Act of 2013 moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282389 -An amendment to the Family Educational Rights and Privacy Act (FERPA) was made and titled the Uninterrupted Scholars Act of 2013
-Act allows educational agencies to disclose a student’s education records to child protective services or other representatives of a state or local child welfare agency without parental consent
-Children in foster care have unique educational challenges, and child welfare agencies hold the primary responsibility for their well-being

Uninterrupted Scholars Act of 2013, Pub. L. No. 112-278, 158 Stat. 2480 (2013).

]]> 2020-07-16 18:53:43 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282389 Slide 8: Statutory Law- Every Student Succeeds Act (ESSA) of 2015 moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282441 -Signed by President Obama in 2015 reauthorizing the 50 year old Elementary and Secondary Education Act (ESEA)
-Ensures school stability
-Prompt school enrollment procedures
-Focuses on school success for children in foster care

Every Student Succeeds Act of 2015, Pub. L. No. 114–95, 129 Stat. 1802 (2015). ]]> 2020-07-16 18:53:48 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282441 Slide 9: Statutory Law- Tex. Educ. Code, §25.007 moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282498 -Law in the Public Education section of the Texas Education Code recognizes the challenges that foster care students face, especially with transitions to new schools
-This law ensures that students who are homeless or in substitute care will have assistance from the agency to be enrolled smoothly
-Schools shall have procedures in place for this smooth transition

Public Education, Tex. Educ. Code, §25.007

]]> 2020-07-16 18:53:52 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282498 Slide 10: Local Policy- Wichita Falls Independent School District's Student Handbook moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282590 -In an effort to provide educational stability, the Wichita Falls ISD foster care liaison will help assist students permanently or temporarily in foster care with enrollment and registration process
-They will continue to provide other educational services to foster students throughout their enrollment in the district

Wichita Falls Independent School District. (2019). Student Handbook. Retrieved from

https://www.wfisd.net/cms/lib/TX01000557/Centricity/Domain/1/19%2020%20Student%2

0Handbook%20and%20Code%20of%20Conduct.pdf

]]> 2020-07-16 18:54:01 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282590 Slide 11: Ethical Principle moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282628 Foster care students have equal rights to public education. The American School Counselor Association (ASCA) Ethical Standards states in standard A.10.f. that school counselors should "advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need" (American School Counselor Association, 2016). Schools must implement a positive school climate where foster care students feel included, valued, and safe.

American School Counselor Association. (2016). Alexandria, VA. ASCA ethical standards for school counselors.

Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

]]> 2020-07-16 18:54:05 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656282628 Slide 12: Non-Law Source moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656317851 This online database provides information on laws, tools, and publications regarding students in foster care and schools. The eight goals on the database list relevant topics associated with students in foster care that is helpful and valuable information.]]> 2020-07-16 19:46:26 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656317851 Slide 13: moneal19 https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656317889 Bulleted List of Recommendations / Best Practices for Compliance
-Foster care students have equal rights and access to free and appropriate public education where they are not stigmatized or isolated
-Schools must have plans and procedures for smooth transitions and enrollment for foster students
-Schools must provide extra support and assistance to foster students to ensure student success
-Educational agencies are allowed to disclose a student’s education records to child protective services or other representatives of a state or local child welfare agency without parental consent
-Foster care students should have stability and be able to stay at their current school regardless if it is outside of the district or school's attendance zone
-We can best support our foster care students by helping them feel comfortable, communicating appropriately with state agencies, being empathetic, being patient, and striving to be a stable atmosphere]]> 2020-07-16 19:46:29 UTC https://padlet.com/moneal19/d74yvl6pf8anbmf3/wish/656317889

-Improves outcomes for students in foster care

-Emphasizes school stability and appropriateness of a student’s education setting (Ex. Students should remain in the same school even if they move outside of the school district or the schoolattendance area, unless there is a child-centered reason)

-Ensures appropriate enrollment procedures

Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351,

122 Stat. 154 (2008).

-Emphasizes school stability and appropriateness of a student’s education setting (Ex. Students should remain in the same school even if they move outside of the school district or the school
attendance area, unless there is a child-centered reason)