Education Provisions of the Fostering Connections Act & the Role of the Court

National Resource Center on Legal and Judicial Issues

February 22, 2011

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Studies across the country, show children in foster care are struggling academically

Approximately 54% of young adults discharged from care have completed high school.

Fifteen-year-olds in out-of-home care were about half as likely as other students to have graduated high school 5 years later, with significantly higher rates of dropping out (55%) or incarcerated (10%).

Midwest Study showed youth in foster care on average read at only a seventh grade level after completing 10th or 11th grade.

Two to four times more likely to repeat a grade.

Only 2% obtain bachelor’s degree.

School Stability and Children in Foster Care

On average, a child in care may changes schools two to three times per year.

One study showed that over two thirds of children in care changed schools shortly after initial placement in care.

A University of Chicago study found that, by the 6th grade, students who had changed schools 4 or more times had lost approximately one year of educational growth.

In a national study of 1,087 foster care alumni, youth who had even one fewer placement change per year were almost twice as likely to graduate from high school before leaving care.

Fostering Connections to Success and Increasing Adoptions Act of 2008

Amends Title IV (Parts B and E) of the Social Security Act

Broad-reaching amendments to child welfare law Important provisions promoting education

stability and enrollment for youth in care Changes child welfare law, but cannot be fully

realized without collaboration from education system

Education Provisions Proximity and Appropriateness School Stability Transportation Immediate Enrollment Enrollment and Attendance Older Youth Issues: Transition Planning;

ETVs; Extension of Care

Appropriateness and Proximity The child’s case plan must include

“assurances that the placement of a child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.”

School Stability The child’s case plan must include

“(I) an assurance that the state [or local child welfare agency] has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement”

Unless moving is in the child’s best interest – in which case – go to part II.

School Stability Determination Issues

How is best interest determined/what are factors to address? (see next two slides for sample questions to consider when making school selection decisions)

Who ultimately decides best interest? What is the role of the parents (or other person

with education decision-making authority) in making these decisions?

How will disputes be resolved? How will child welfare and education collaborate?

Key Questions to Consider When Making a Best Interest Determination

How long is the child’s current placement expected to last? What is the child’s permanency plan? How many schools has the child attended over the past few

years? How many schools has the child attended this year? How have the school transfers affected the child emotionally, academically and physically?

How strong is the child academically? To what extent are the programs and activities at the

potential new school comparable to or better than those at the current school?

Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?

Which school does the student prefer?

Key Questions to Consider When Making a BI determination cont….

How deep are the child’s ties to his or her current school? Would the timing of the school transfer coincide with a logical

juncture such as after testing, after an event that is significant to the child, or at the end of the school year?

How would changing schools affect the student’s ability to earn full credits, participate in sports or other extra-curricular activities, proceed to the next grade, or graduate on time?

How would the length of the commute to the school of origin impact the child?

How anxious is the child about having been removed from the home and/or any upcoming moves?

What school do the child’s siblings attend? Are there any safety issues to consider?

Resource for Making Best Interest Decisions

School Selection for Students in Out-of-Home CareThis brief provides a framework for local homeless education liaisons, educators, child welfare caseworkers, and other child welfare advocates for assessing best interest when selecting a school for students in out-of-home care.

http://www.serve.org/nche/downloads/briefs/school_sel_in_care.pdf

ACYF-CB-PI-10-11: lists examples of factors agencies may want to consider, including child’s preference, safety, appropriateness of each education programs.

Transportation The term foster care maintenance payments

includes “reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.”

Transportation Issues Permissible use (Admin or Maintenance) Applies only to IV-E eligible children, although

case plan requirement to ensure same school applies to ALL children in care.

Requires state to fund match for IV-E eligible children; no federal dollars to support transportation for non IV-E eligible children.

How can reimbursements can be calculated?

TransportationRemember: Not all children in care will require additional

transportation to remain in their same school. Total # of children in care

minus # not yet school age minus # graduated/left HS

minus # placed within the school boundaries

minus # in their BI to be immediately enrolled in new school

EQUALS # of children who may need transportation to remain in current school

Even when transportation is needed… Transportation that doesn’t cost any additional dollars

child who can cross street or be dropped at a bus stop close by

school district bus routes converge adult who’s existing commute compliments the child’s

transportation need adding a child to a preexisting bus route

Transportation that can be provided at minimal cost reimburse mileage to foster parent or relative bus passes or other public transportation vouchers

Immediate Enrollment in a New School

If remaining in the same school is not in the best interest of the child, the child’s case plan must include “(II) … assurances by the State agency and the

local education agencies to provide immediate and appropriate enrollment in a new school, with all of the education records of the child provided to the school.” 42 U.S.C.A. 675(1)(G)(ii).

Attendance State plan attendance requirement: states must include in their state

plan, for all IV-E eligible children (including adoption assistance and guardianship assistance), “assurances that each child who has attained the minimum age for compulsory school attendance under state law…is a full-time elementary or secondary school student or has completed secondary school…” 42 U.S.C.A. 671.

Elementary or secondary school student includes: A child enrolled or in the process of enrolling in school Home schooling, as permitted by state law Independent study program Incapable of attending due to medical condition that precludes

participation

Court Role in Direct Advocacy Court’s clear role in overseeing the “well being” of

children in foster care- this includes their education needs

Link between addressing education needs and achieving permanency

New Program Instruction (released on July 9th, 2010): the courts “play an important role in education stability”

Example of issues: Who makes education decisions Access to education records Needs identified; services provided

Judicial Considerations Ask questions about enrollment and appropriateness of school

ASFA well being inquiry includes education issues Ask if child is enrolled & attending school at each hearing Was the appropriateness and proximity of the child’s

school considered? Court’s authority to address may depend on jurisdiction; court

may: Make best interest determination - if not maintained in

school of origin, ask why not and to review case plan Convene parties to collaborate Order school to enroll child

Judicial Considerations Order school representative to appear in court to explain

delays in enrollment or record transfers Order access to education records by particular

individuals (through FERPA court order exception) Order child welfare advocate to address partial credit or

graduation requirement issues Issue court order to:

Pursue transportation options or provide transportation What individual is the child’s education decision maker? State law could require that educational stability plan (in case

plan) is presented to court at all permanency review hearings

Direct Advocacy Resources for Judges

Technical Assistance Brief: Asking the Right Questions II: Judicial Checklists to Meet the Educational Needs of Children and Youth in Foster Care- NCJFCJ Outlines questions that should be asked in a courtroom with respect to the educational needs of children and youth in foster care.http://www.ncjfcj.org/content/blogcategory/363/432/

Blueprint For Change: Detailed framework is structured around eight concrete goals for youth and include benchmarks that demonstrate progress toward achieving Education Success for children in foster care. www.abanet.org/child/education/blueprint

Coming Soon -  Judicial Guide to Implementing the Fostering Connections to Success and Increasing Adoptions Act of 2008 will be available at  www.grandfamilies.org

Why do we need system reform for the education issues?

To hard to solve individually for each child Coordination between child welfare and education

agencies, the courts, and others, is needed Collaborative protocols and policies must be created

to ensure all are on same page. Consistent practices across jurisdiction or state are

necessary when issues involve mobility in the child’s living and school placements.

CFSRs – Well Being Outcome #2

Court’s Role in System ReformKey Themes Prioritize education as an key issue in achieving permanency

for children in care; Securing buy-in support and participation by leadership from

education agencies and child welfare agencies; maintaining progress and momentum over time; addressing the need for data to demonstrate how children are

doing educationally and identify larger picture view on greatest areas of need;

identifying “small wins” and reachable short term goals; and strategies for working with LEAs and child welfare agencies

and interpreting and coordinating languages and priorities of each agency

Prioritizing Education Needs of Children in Foster Care

For Child Welfare Agencies: the need is to prioritize education

For Education Agencies: the need is to prioritize children in foster care

For Courts: the need is to help ensure that the courts themselves, as well as the agencies and all other critical stakeholders, are prioritizing education

Leadership Buy-In and Participation Court Leadership on issue of education

Austin Summit

Court role is securing participation of leadership of other critical agencies Example: Texas

Order creating Education Committee of the Permanent Judicial Commission for Children, Youth and Families and required participants, including state Commissioner of Education, Executive Directors of the State Association of School Boards and State Association of school Administrators

Maintaining Progress and Momentum Cross agency collaboration is hard work Changes come over time and with sustained

commitment from all participants Key is to have both short and long term goals and

consistent participation by the right stakeholders Way to celebrate “victories” Way to revisit goals and plans as revise as needed

to stay current Way to learn from others in the field and seek

external support and assistance

Need for DataIf we haven’t measured it, it didn’t happen.

Don’t wait for “perfect” data

Need to know status of how children in care are doing, and where the gaps and needs are; AND

Need to be able to track improvements as strategies and policies are implemented.

Child welfare agencies: changes to SACWIS and state data systems to allow for education information

Education agencies: NCLB requirements for education data for all students; need method to obtain that information for subset of children who are in care.

Cross system sharing is critical but challenging; court can play critical role is assisting to address confidentiality issues

Data Resources Mythbusting: Downloadable at

http://www.abanet.org/child/education/ publications/dataexchange.html

Solving the Data Puzzle: http://www.abanet.org/child/education/publications/solvingthedatapuzzle.pdf

Small Wins and Short Term Goals Critical to sustain momentum Examples:

Creation of forms to help facilitate communication across agencies

Reviewing and analyzing existing data Changes to court orders to address access to education

records Letter from State Education commissioners to all LEAS

to inform them of the Fostering Connections education provisions

Contact Information

ABA Center on Children and the LawNational Resource Center on Legal and Judicial Issues

Kathleen McNaughtProject Director

kathleenmcnaught@americanbar.org

Legal Center for Foster Care and Education www.abanet.org/child/education