AB490 + San Francisco County’s Interagency

Agreement

AB490: Ensuring Educational Rights for Foster

YouthEffective January 1, 2004, establishes legislative

intent that foster youth are ensured access to the same opportunities to meet academic achievement standards to which all students are held, maintain stable school placements, be placed in the least restrictive educational placement, and have access to the same academic resources, services and extracurricular and enrichment activities as all other students. [Education Code § 48850(a)

Makes clear that education and school placement decisions must be made in the best interests of the child. [Education Code § § 48850(a), 48853(g)]

Overview of AB490 Requirements

School of OriginDesignation of

foster care education liaison

Timely transfer of students & records

Priority for comprehensive school placement

Immediate Enrollment

Partial credit calculation

Release of recordsFree from

penalization due to absences

Collaboration by service providers

Right to Remain in School of Origin

At the initial detention or placement, or any subsequent change in placement of a foster child, the local education agency serving the foster child shall allow the foster child to continue his or her education in the school of origin for the duration of the school year if remaining in that school is in the child’s best interests. [Education Code § 48853.5(d)(1)]

School of Origin (Continued)

Prior to making any recommendation to move a child from school of origin, the foster care liaison shall provide the child and the person holding educational rights with a written explanation as to the basis of the recommendation and how it serves the child’s best interests. [Education Code § 48853.5(d)(3)]

If any dispute arises regarding the request for a foster child to remain in the school of origin, the foster child has the right to remain in the school of origin pending the resolution of the dispute. [Education Code § 48853.5(d)(5)]

Child Welfare Placement Decisions

The selection of the most appropriate home shall, in addition to other statutory considerations regarding placement, also promote educational stability by taking into consideration proximity to the child’s school attendance area at the time of removal or re-placement.

Welfare & Institutions Code § 16502.1

AB490 & Transportation

AB490 DOES NOT include funding to cover costs for transporting foster youth to and from their school of origin.

Options: - McKinney-Vento - Special Education - Department funding? - Inter-county

agreements

AB490 Implementation: Rules of Court + Forms

Rules & Forms: Effective January 1, 2008- Amends California Rules of Court: 5.502,

5.518, 5.534, 5.650, 5.668, 5.695, 5.790- Adopts Rule 5.651- Revises Forms: JV-225, JV-365, JV-535, JV-

536- Approves New Forms: JV-537, JV-538, JV-

539

Dispute as to Change of Placement Affecting Child’s Right to Attend School

of Origin After receiving notice of the proposed change

of placement, minor’s attorney must discuss the proposed change with the minor.

If the minor’s attorney disagrees with placement change due to the removal from school of origin, the attorney may request a hearing by filing Form JV-539, no later than two court days following receipt of the notice.

California Rule of Court 5.651(e)(2)

Hearing Regarding Change of Placement Affecting Child’s Right

to Attend the School of Origin

At the hearing on such a proposed change of placement, the Court must find:

- The child welfare worker notified the court, the minor’s attorney and the person holding educational rights that the proposed change of placement would result in removal from school of origin

- Within 24 hours of the determination that a removal from school of origin would occur

- If the child is eligible for special education, notified the prior and receiving Local Education Agency at least ten days prior to the move

California Rule of Court 5.651(e)

JV-539 Hearing, Continued

Note: Person who holds educational rights for the minor may request a hearing via the same procedure.

Hearing on the JV-539 must be held no later than seven calendar days after the form is filed.

Within two days of the filing of Form JV-539, a report must be filed by the child welfare worker that addresses a series of questions related to the decision to recommend a change of placement outside of school of origin.

At the hearing, the court must consider a series of issues, and then will make findings and orders following the hearing on Form JV-538.

California Rule of Court 5.651(e)(2), (e)(4)

JV-539 Hearing, Continued

Social Worker’s Report [5.651(e)(4)] Must Address:

- Whether ed liaison consulted with the child before recommending that the minor’s school of origin right be waived

- Whether there was a written explanation of the basis for the recommendation

- Whether child has been allowed to continue in school of origin pending dispute resolution

- How the proposed change serves best interests of the minor

- Responses from specified persons (CWW, minor’s attorney, etc.)

- Compliance with information sharing requirements- A statement of the worker’s own assessment

JV-539 Hearing, Continued

Court’s Review [5.651(f)]

- How the proposed change will affect school stability and access to resources

- If the proposed school would allow placement in least restrictive educational program

- If educational rights holder believes school of origin is in child’s best interests

- If the child has the educational supports to meet state standards

- Whether proposed placement meets legal requirements- What actions are necessary to ensure the minor’s

educational and disability rights are protected- Enforcement steps

Additional Forms

JV-225: “Your Child’s Health & Education”

- Requires information about the parent and child including medical and educational history

- Should be updated prior to each status review hearing to maintain accurate history

JV-365: Termination of Dependency Jurisdiction

JV-537: Educational Representative or Surrogate Parent Information

- Optional form- Allows educational

representative to voluntarily report on the child’s educational needs and any actions taken related to the child’s education

Educational Rights

If the Court limits the rights of the parent/guardian to make educational decisions, the Court must at the same time appoint an “educational representative” (also known as a “responsible adult”) to make decisions for the youth, regardless of whether the youth is receiving or in need of special education. Appointment is made via JV-535.

Welfare & Institutions Code § 361, 726

If the Court is unable to locate an educational representative for a dependent who has been referred to or is currently receiving special education services, the Court shall then refer the child to the LEA for appointment of a “surrogate parent.” Response from the LEA is made via the JV-536.

Welfare and Institutions Code § 361, 726; Government Code § 7579.5

AB490 Implementation: San Francisco County Interagency Agreement

Agreement entered into in August of 2008 aimed at implementing the specific provisions of AB490 within San Francisco County.

Parties include: - San Francisco County Unified Family Court- Human Services Agency, Family & Children’s Services- Juvenile Probation Department - Various group homes and foster family agencies - CASA & Honoring Emancipated Youth - San Francisco Unified School District

- School Health Programs - Pupil Services Department- Foster Youth Services Program - Educational Placement Center- Court & Community Schools - Transportation Department- Special Education Local Plan Area

Interagency Agreement: Delineation of Responsibilities

The agreement outlines the responsibilities of each party as it relates to ensuring the rights of foster youth under AB490 are protected.

Examples: immediate enrollment, awarding of credits, appointment of educational surrogates, record transfer

Interagency Agreement: Dispute Resolution

Agreement sets up internal dispute resolution process (outside of JV-539 hearing) through which participants to the Agreement may request a dispute be brought to a “Resolution Council” made up of representatives from SFUSD, HSA, JPD, community partners, and the Foster Youth Services Program Coordinator. The Council will hear a dispute within two work days, and must come to a unanimous decision before any decision may be implemented.

Contact Information

Maya Webb Gloria Anthony-OliverFoster Youth Services Coordinator HSA Educational LiaisonT: (415) 242-2615, Ext. 3310 T: (415) 557-5305F: (415) 242-2618 gloria.anthony-oliver@sfgov.orgwebbm1@sfusd.eduwww.healthiersf.org

Jeff Perry Lauren Brady Blalock

CASA Educational Staff Attorney, LSCAdvocacy Coordinator T: (415) 863-3762, ex. 317T (415) 399-6131 F: (415) 863-7708F (415) 398-8068 lauren@lsc-sf.orgjeff@sfcasa.org

SF County Interagency and Community Agreement: http://www.healthiersf.org/Resources/#fosterYouth