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EDUCATION:

AB 490 Impact on Foster Youth &

CSW’s Responsibilities

Los Angeles County Department of Children and Family Services

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AB 490 directly affects …

Children/Youth in … Foster Homes of

RelativesNon-relatives

Group Homes Probation Placements

Children’s “Best Interest” now includes the Child’s educational needs.

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How has AB 490 affected the Parent’srole in the educational process?

A Parent always keeps his/her child’s educational rights, even if the child is in foster care, unless the court makes a legal determination to limit the educational rights.

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How has AB 490 affected the Foster Parent’s role in the educational process?

The Foster Parent can only represent the interests of the Child when the Juvenile Court has limited the rights of the Parent to make educational decisions

ANDThe Foster Parent is designated as the “responsible adult” prior to the child’s planned permanent living arrangement order

ORThe Child is ordered into a planned permanent living arrangement.*

* FYI 02-47 - Appointment of Foster Parents to make educational decisions.

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AB 490 has 9 main points

for CSWs to implement

They are …

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1. Each Child has the right to a free public education…

In the least restrictive educational programs.

With equal access to academic resources, services, extracurricular and enrichment activities.

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2. Each Child has the right to have consideration given to Out-of-Home Placement that is closest to their School of Origin

When selecting out-of-home placements, the CSW must consider placing with:

- Non-Custodial Parent - Relatives, Non-related extended family members, Tribal members

- Siblings - Placements near the Parent’s home - New Law: A home in the attendance area of the School of Origin or

close to the School of Origin

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3. Each school district is to provide an LEA Education Liaison for Foster Children

Education Liaison can facilitate and ensure: Immediate enrollment in school Appropriate school placement Official checkout for transfer Transfer of school records Responds to inquiries from the CSW,

the Holder of Educational Rights, the Caregiver, and the Child’s Attorney

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4. Each Child has the right to remain in his/her School of Origin

Following any placement change, each Child has the right to remain in his/her School of Origin until the end of the current school year.

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4. What is the School of Origin?

It means the school: the child attended when permanently housed;

in which the child was last enrolled; or

the school in which the child has a connection – based on child’s best interest

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4. ContinuedThe School of Origin Decision

The holder of the child’s educational rights shall determine if it is in the child’s best interest to remain in the School of Origin or to waive that right.

The CSW can refer that person to the Educational Liaison for Foster Children at the School of Origin to discuss issues related to which school the child will attend.

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The Parent/Holder of Educational Rights

has the following 2 options:

1st Option

Keep the Child in his/her

School of Origin

2nd Option

Transfer the Child to a

New School

4. Continued

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4. ContinuedThe School of Origin Decision

One factor to consider is the availability of transportationbetween the Child’s placement and the school. The holderof the child’s educational rights has the authority to request that the school district provide transportation.

If the school district is unable to provide transportation:Determine …

If the Caregiver can provide transportation. If transportation is not possible, consider alternative

transportation options to ensure school stability.

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1st Option – Remain in the School of Origin

4. Continued

If any dispute arises regarding the request for a Child to remain in his/her School of Origin, the Child has the right to remain in the School of Origin pending resolution of the dispute.

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2nd Option – Transfer to a New School

If the decision is for the Child to transfer to a New School, the reasons must be documented in: CWS/CMS Case Plan Court Report

4. Continued

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4. ContinuedSchool’s Responsibilities Regarding the Transfer of Records

The School of Origin must transfer Child out/transfer records to New School within

TWO business days of the CSW’s notification (on the DCFS 1399) and perform the following functions:

Determine seat time Calculate full or partial

credits earned Identify current classes in

which the student is enrolled

Finalize grades Relay IEP or 504 Plan Include immunization

records Transfer “CUM” (the Child’s

entire school record) to the NEW SCHOOL

Allow the student, CSW, or designee to collect the student’s personal property

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4. Continued – DCFS responsibilities when a Child is moving

As soon as the CSW is aware that the Child will need to transfer to a new school, the CSW has the responsibility to notify the School of Origin of the child’s foster care status, residence change date, and request that the child’s school records be transferred to the new school.

Complete DCFS 1399 – Notification to School of Pupil’s Foster Care Status and Request for Transfer of Pupil and Appropriate Records from the “School of Origin” to the New School.

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CSW Best Practice:

When transferring a Child from their School,

Pick up Child’s personal property.

Allow Child, teacher, and peers to say goodbye.

4. Continued

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5. Each Child has the right to immediate school enrollment in their new school

Immediate enrollment does not require: Immunization records Prior academic records Proof of residency Payment of school fines Uniforms

However, these items must be provided ASAP.

School enrollment is the “same day” and attendance should coincide with the child’s current track schedule in order that the child is ensuredcompletion of a full school year.

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6. Each Child has the right to receive full and partial course credits at their New School …

Public School Juvenile Court School Nonpublic School Nonsectarian School

for past coursework satisfactorily completed in:

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6. ContinuedCSW should …

Verify with the New School that all transferred credits have been accepted.

Ensure that full and partial coursework credits have been applied to calculations for graduation.

Advocate for Youth’s high school graduation.

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7. Each Child has the right to attend court hearings during school time …

A Child’s grades cannot belowered due to:

Placement changes - The grades and credits will be calculated as of the date the Child left school.

Court appearances – e.g. Child should be permitted to turn in assignments, take make-up tests, etc.

Court ordered activities.

without being penalized by their school

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7. ContinuedCSW has the responsibility to …

Inform the school of: placement changes and contact

information

As needed, provide documentation of: court appearance dates court ordered activity

Best Practice -

Review attendance and grade records

to ensure Child was not penalized.

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8. CSW has the right to access certain school records

AB 490 gives authority to the “County Placing Agency” (DCFS) to receive certain school records without parental consent or a court order.

These records include: Grades/credit transcript Attendance Immunizations Standardized test scores IEP, if applicable

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8. Continued

Obtain the signature of the person holding educational rights on the DCFS 179 Section B.

-OR- Request authorization from the court and

attach a redacted minute order to all requests submitted to the school for records/information.

HOWEVER, Some school districts may still require authorization from a parent/the person with educational rights or the court. In these cases . . .

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9. CSW has the right to consent to and access

… who have developmental disabilities and who are receiving Regional Center Services.

The CSW is authorized to receive a copy of the Quality of Life assessment.

the “Quality of Life Assessment” for Children…

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Conclusion: AB 490 related forms

CSW is to… Complete 179 -

Parental Consent and Authorization for Medical Care and Release of Health and Education Records.

Complete and disseminate DCFS 1399 - Notification to School of Pupil’s Foster Care Status and Request for Transfer of Pupil and Appropriate Records from the “School of Origin” to the New School.

Complete and send to the School of Origin DCFS 1726 - Request for School Report.

Include educational information on the DCFS 280 and 709, as appropriate.

DCFS School FAX Cover Sheet Update Health and Education Passport on CWS/CMS.

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For Additional Information

Consult with County Counsel Link: Office of the County Counsel

List of LEA Educational Liaison for Foster Children Link:

List of Los Angeles County Schools Link: Education Resources

List of Los Angeles Unified Schools Link: Los Angeles County School Districts

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For Additional Information

Consult with County Counsel LAKids – go to Health and Education icon for forms,

policies, School of Origin DCFS PowerPoint. Link: Health & Education

DCFS FYIs: FYI 02-47, Appointment of Foster Parents to Make Educational Decisions Link: Appointment of Foster Parents FYI 04-10, What CSWs Need to Include in Court Reports Regarding a Child’s Education Link: What CSWs Need to Include FYI 04-19, Educational Stability Link: Educational Stability

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Developed in Collaboration with:

Los Angeles County Department of Children and Family ServicesOffice of the County Counsel

Children’s Law Center of Los AngelesLos Angeles Unified School District

August 17, 2004