Foster Care 101For Educators

David Ray, Region 10 ESC

• McKinney-Vento/ Homeless Education and Foster Care Consultant• David.Ray@Region10.org• 972.348.1786• www.Region10.org/fostercare• www.Region10.org/MVH

TEA Contacts

• http://www.tea.state.tx.us/FosterCareStudentSuccess/• Federal & State Education Policy

Foster Care Education & Policy CoordinatorKelly Kravitz512-463-9235Kelly.Kravitz@tea.state.tx.usfostercareliaison@tea.state.tx.us

Agenda

A. What is Foster Care

B. Data & Statistics

C. Timeline of Efforts

D. What are the Laws

DFPS- Department of Family and Protective Services

The Texas Department of Family and Protective Services (DFPS) protects children and adults who are elderly or have disabilities and regulates child care.

• Adult Protective Services• Child Protective Services• Child Care Licensing• Prevention and Early Intervention

CPS- Child Protective Services

Child Protective Services responsibilities include:

• Investigating reports of abuse and neglect of children.• Providing services to children and families in their own homes.• Placing children in foster care.• Providing services to help youth in foster care make the transition to

adulthood.• Placing children in adoptive homes.

Substitute Care

• Temporary Managing Conservatorship (TMC): DFPS may be the TMC while the agency works with the family on a reunification plan; or

• Permanent Managing Conservatorship (PMC): DFPS may be named the PMC for a child until custody is given to another individual or until the youth turns 18.

Substitute Care Types

Formal Placement• Foster Family Home• Foster Group Home• Residential Treatment Facilities• Kinship Placement

Informal Placement• Relative Care• Non-relative Care• Emergency Shelters

Timeline

• 2008: Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351

• 2010: Supreme Court of TX orders Children’s Commission• Texas Blueprint (Consensus of this group)• 18 month period of listening to each other

• 2013: Education Portion of the Children’s Commission awarded grant

• 2014: Foster Care and Student Success

2008: Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351

• This law requires state child welfare agencies to collaborate with their state and local education agencies to promote school stability and improve educational outcomes for children in foster care. (Chapter 1, pgs. 14-15)• Education provisions in Fostering Connections to Success and Increasing Adoptions

Act of 2008 include:• Emphasis on the importance of school stability, maintaining the school in which the child was

enrolled at the time of placement, and the need for coordination between state and regional child welfare and state and local education agencies.

• Assurance that the placements take into account the appropriateness of the current education setting and proximity to the school in which the child is enrolled at the time of placement in foster care.

• If remaining in the same school is not in the child’s best interest, the child welfare and local education agencies will work together to ensure immediate and appropriate enrollment and provide ALL of the child’s education records to the new school.

2010: Supreme Court of TX orders Children’s Commission

• In 2010, the Supreme Court of Texas issued an Order Establishing the Education Committee of the Permanent Judicial Commission for Children, Youth and Families (Children’s Commission). The Education Committee a high-level group of court, education and child welfare decision-makers created a collaborative initiative designed to improve educational outcomes of children and youth in the Texas foster care system. The order resulted in over 100 court, education and child welfare stakeholders coming together over an 18-month period to listen and learn from each other, discuss and debate about the issues, and ultimately develop recommendations to improve educational outcomes of children and youth in foster care.

• The core focus areas were:• School Readiness,• School Stability and Transitions, • School Experience, • and Post Secondary Education.

2010: Supreme Court of TX orders Children’s Commission• The Education Committee reached consensus on many recommendations,

which ranged from changes to daily practices, modifications to education and child welfare policy, and amendments to Texas’ legal framework. The recommendations, as implemented, will impact education, child welfare, and judicial practices, and will spur multi-disciplinary training, cross-agency data exchange, child-specific information sharing, and cross-system collaborations. • The Texas Blueprint was submitted to the Supreme Court of Texas on May 3,

2012. The recommendations are included in the Final Report of the Education Committee, The Texas Blueprint: Transforming Education Outcomes for Children & Youth in Foster Care.

2010: Supreme Court of TX orders Children’s CommissionGuiding Principle # 1: Children and youth in care are entitled to remain in the same school when feasible.Guiding Principle # 2: Children and youth in care experience seamless transitions between schools.Guiding Principle # 3: Young children in care receive services and interventions to be ready to learn.Guiding Principle # 4: Children and youth in care have the opportunity and support to fully participate in all developmentally appropriate activities and all aspects of the education experience.Guiding Principle # 5: Children and youth in care have supports to prevent school dropout, truancy, and disciplinary actions, and to reengage in the education experience.Guiding Principle # 6: Children and youth in care are involved, empowered and prepared to self-advocate in all aspects of their education.Guiding Principle # 7: Children and youth in care have consistent adult support to advocate for and make education decisions. Guiding Principle # 8: Children and youth in care have support to enter and complete post-secondary education.

2013: Education Portion of the Children’s Commission awarded grant

• As a result of collaborative work led by the Children’s Commission Education Committee, Texas was one of ten sites awarded a 17-month federal Children’s Bureau demonstration grant, Child Welfare – Education System Collaboration to Increase Educational Stability. • The grant assisted Texas Education Agency (TEA) in building capacity

and collaboration with the Children’s Commission and Department of Family and Protective Services (DFPS) to address improving the education outcomes of students in foster care.

2014: Foster Care and Student Success

• TEA developed a premiere resource to support Texas schools in addressing the education of students in foster care: Texas Foster Care & Student Success Resource Guide (PDF, 7.67 MB). This guide is the product of collaboration with the Texas Department of Family and Protective Services, the Supreme Court of Texas, and the Permanent Judicial Commission for Children, Youth and Families (Children's Commission). This e-guide and training manual contains a variety of key researched-based topics and calls attention to important matters related to the education of students in foster care. The guide promotes best practices and contains numerous tips, tools, resources and links to more information.• TEA desires that the guide be widely used and distributed! Please share with your

districts, schools and networks. The guide is available in a variety of formats.

Data sharing and data collection requirements in PEIMS - TEC § 7.029• (Chapter 1, p. 16; Chapter 5, pgs. 45-46)

102 RecordColumn 30

Immediate school enrollment without records - TEC § 25.002(g)• (Chapter 7, p. 56)• Free eligibility for PRE-K - TEC § 29.153(b)(6) (Chapter 10, p. 74)

Previous School

• Attendance in the school the student was enrolled immediately before entering conservatorship, even when placed outside of the district attendance zone, until the student successfully completes the highest grade level offered by the school - TEC § 25.001(g) (Chapter 8, p. 62)• 11th or 12th grade student who transfers to a new school district and

does not meet the graduation requirements of the new school district may request a diploma from the former school district, when on-track to graduate at the previous school - TEC § 28.025 (Chapter 9, p. 92)

Student Success

• Excused absences for court-ordered appointments - TEC § 25.087 (Chapter 10, p. 75)• Accelerated instruction (at-risk indicators and compensatory

education) - TEC § 29.081(d)(11) (Chapter 6, p. 51; Chapter 11, pgs. 82-83)• Transition Assistance from one school to another of students in foster

care - TEC § 25.007 (Chapter 11, pgs. 84-91)• School districts and open enrollment charter schools are required to

appoint a Foster Care Liaison and notify TEA of their Foster Care Liaison appointment - TEC § 33.904 (Chapter 5, p. 44)

Free lifetime college tuition and fees waiver!• The waiver is activated when a student enrolls in dual credit or

another course where a student may earn college credit- TEC § 54.366 – (Chapter 13, pgs. 104-106)

Nutrition

Students in foster care are categorically eligible for all U.S. Department of Agriculture (USDA) child nutrition programs. Caregivers for children and youth in foster care do not have to complete a separate application to participate in these programs (Chapter 10, p. 74).

Family Educational Rights and Privacy Act (FERPA) - Uninterrupted Scholars Act (USA)

An amendment to FERPA, Uninterrupted Scholars Act (January 2013), allows educational agencies and institutions to disclose a student’s education records, without parental consent, to child welfare case workers or other representatives of a state or local child welfare agency when such agency or organization is legally responsible for the care and protection of the student (e.g. DFPS staff, the child’s caregiver, attorney ad litem, CASA and others identified by the court order). Additionally, USA permits educational agencies and institutions to disclose a student’s education records pursuant to a court order without requiring additional notice to the parent by the educational agency or institution if the court has already given the parent notice as a party in specified types of court proceedings. These changes also apply to the confidentiality provisions identified in Individuals with Disabilities Education Act (IDEA). School staff should follow FERPA regulations when releasing school-related information (Chap 9, pgs. 70-71).