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Education of DCFS-Supervised Children
0700-500.10 | Revision Date: 07/01/14
Overview
This policy guide provides information on the educational rights of DCFS-supervised children and instructions on how to ensure that the educational needs of these children are met.
TABLE OF CONTENTS
Child/Youth Educational Rights
California High School Exit Examination (CAHSEE)
Early Care and Early Education Services
Early Head Start (0 – 36 Months)
Los Angeles Universal Pre-School (LAUP) (4+ Years Old)
Accredited Child Care Programs (0 -13 Years of Age)
School Attendance Review Board (SARB)
Managing Cases to Achieve Successful Educational Outcomes
Continuing at or Changing the School-of-Origin
Preparing for a Hearing Regarding a Child/Youth's School-of-Origin after Placement
Transferring Students and their Records
Receiving a Referral Regarding a Child who is Not Attending School
Child Protection Hotline (CPH) CSW Responsibilities
Responding to a Child's Referral to SARB
Version Summary
This policy guide was updated from the 11/19/13 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy incorporates content from Procedural Guide 0700-506.10, Referrals to the School Attendance Review Board (SARB) for DCFS-Supervised Children, thereby cancelling that policy guide. The title of this policy guide has been changed from "Youth Development: Education."
DCFS and educational providers are legally obligated to ensure a child/youth's educational stability. All information related to educational stability must be documented in the Case Plan. DCFS-supervised children/youth have the right to the same educational opportunities as all students, consistent with their age and developmental level. A child/youth's rights include:
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School Transitioning to |
Required Local Educational Agency (LEA) Actions |
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School between grade levels |
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Middle school or high school AND Is in another school district |
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The Los Angeles Unified School District (LAUSD) and DCFS operate the electronic data sharing system, Student Information Tracking System (SITS). SITS is only available for LAUSD students but is expected to expand to include all school districts within Los Angeles County.
Additionally, the following resources may be helpful to meet the educational needs of the child/youth:
LEAs and school districts are required, by law, to immediately enroll all DCFS-supervised children/youth regardless of whether the school has received a child/youth's school records, immunization records, or other documents required for enrollment.
By law, children/youth may not be denied immediate school enrollment, including for outstanding fees or textbooks owed to the former school or for the lack of a school uniform. If barriers to enrolling a DCFS-supervised child/youth are encountered, the Holder of Educational Rights, the child/youth's attorney, and the County Counsel must be contacted immediately.
CSWs and LEAs are jointly responsible for the timely transfer of children/youth and their records when a change of schools is in the children/youth's best interest.
The school to which a child/youth is transferring is required, by law, to ensure the immunization of a DCFS-supervised child/youth when there is not a record of him/her being immunized.
A placement may not temporarily enroll a child/youth in a Non Public School (NPS) while awaiting the outcome of an Individualized Education Plan (IEP). If a child/youth does not have a valid signed and consented IEP from the Holder of Educational Rights (HER), he/she must remain enrolled in his/her school-of-origin, whenever possible, or be immediately enrolled in the local public school.
DCFS-supervised children/youth have the right to remain in their school-of-origin following a change in his/her placement:
In the following circumstances, the school-of-origin will be determined by the school district's Educational Liaison for Foster Youth, in consultation and agreement with the child/youth and his/her Holder of Educational Rights (HER):
The child/youth, may elect to continue to attend the school-of-origin for the remainder of the school year, even when jurisdiction is terminated. This wish must be communicated through his/her parent/legal guardian under the following circumstances:
A JV-539, Request for Hearing Regarding Child's Education, should be filed to request a hearing regarding a child/youth's right to remain in the school-of-origin.
All DCFS-supervised children/youth are to be enrolled in a public school. These children may only attend a nonpublic school (NPS) under the following two (2) circumstances:
A residential placement facility or group home is legally prohibited from requiring a child/youth to attend a nonpublic school as a condition for placement. The County Counsel should be contacted immediately if this is encountered.
LEAs and school districts are required to calculate and accept credit for full or partial coursework satisfactorily completed by a DCFS-supervised child/youth that was earned while attending a public school, juvenile court school, nonpublic, or nonsectarian school. Schools are legally prohibited from lowering grades based on placement or court-related absences.
If a DCFS-supervised youth, in the eleventh (11th) or twelfth (12th) grade, transfers from another school district or between high schools within the same school district, the school district is required to exempt him/her from all statewide required coursework and all additional, school district governing board requirements. These exemptions will not be granted, however, if the school district finds that the youth is reasonably able to complete the additional requirements in time to graduate from high school while he/she remains eligible for foster care benefits.
If any waived requirement will affect a DCFS-supervised youth's ability to attend a four (4) year college/university upon graduation from high school, his/her school district is required to do the following:
All California public school students are required to pass the California High School Exit Examination (CAHSEE) to earn a high school diploma. Students must also meet all other state and local requirements. The court must be informed of the following at each status review hearing for a DCFS-supervised child/youth that has entered the tenth (10th) grade:
The State of California requires that all schools provide tutoring, modifications, and assistance for the CAHSEE at no cost to a student with special needs. Youth with an Individualized Education Program (IEP) who do not pass the CAHSEE may qualify for a diploma but not a certificate of completion.
Enrolling children in early care and education opportunities helps ensure that they are ready for school. It is strongly encouraged that DCFS-supervised children who are five (5) years of age or younger be enrolled in an appropriate early care or early education program.
For information on the Healthy Start program, see Referring Children to Healthy Start.
Early Head Start gives priority enrollment to the following types of individuals and families:
Early Head Start services include:
Head Start programs provide services to prepare children for a school environment. Head Start Early Childhood Education Programs are federally funded and serve children three (3) and four (4) years of age. The Los Angeles County Office of Education , and not the Regional Center, is the grantee for most Early Head Start and Head Start services in Los Angeles County.
All DCFS children with open cases qualify, have priority, and if selected may receive services at no cost for Head Start programs. Services available through Head Start Programs may include:
Los Angeles Universal Pre-School (LAUP) provides children, ages (3) and four (4), and their families with voluntary, high-quality preschool in Los Angeles County regardless of family's income. It is an independent public benefit corporation that is funded by First 5 LA.
All DCFS-supervised children with open cases qualify, have priority, and if selected may receive services at no cost for the following LAUP programs:
The Early Childhood Education Division (ECED) of the Los Angeles County School District (LAUSD) provides quality, early education experiences to children (infant to five (5)) to prepare them for school. Most ECED programs are free or low cost to DCFS families and operated at or near elementary schools.
Child care programs that provide quality learning environments are usually accredited by the National Association for the Education of Young Children (NAEYC) or an affiliate organization. The Steps to Excellence Program (STEP) is the Los Angeles County accreditation program.
Child care is provided through DCFS, and many children and families qualify and receive priority for free or low cost care based on their income and/or family situation. DCFS-supervised children in child care programs also generally receive a higher financial assistance level rating. Parents may be encouraged to contact their local Resource and Referral agency to enroll in child care services.
The School Attendance Review Board (SARB) assists children with attendance, enrollment, and/or behavior problems related to public schools and their parents/caregivers. The SARB provides a continuum of services and funds solutions to unresolved child attendance.
The SARB includes the following individuals and entities:
The SARB is responsible for the following:
The SARB may take the following actions to maximize attendance and reduce school dropout:
DCFS provides supportive services by collaborating with the SARB to develop plans and strategies to maximize attendance and to reduce school dropout. DCFS staff members contribute to the identification of child safety issues. If a family has a history with DCFS, DCFS must maintain the confidentiality of that history.
The SARB process begins with the School Attendance Review Team (SART) and the School Success Team (SST) located at the school. The SART focuses on children who have attendance problems. The SST addresses children's behavior, attendance, and academic problems.
These Teams may proceed to the district-level Resource Panel if efforts to work with a child and his/her family are unsuccessful. The Resource Panel forum discusses former attempts to work with the family and identifies possible interventions. During this Panel, DCFS involvement is determined, and the case-carrying CSW is identified.
If necessary, a SARB meeting is scheduled by the Resource Panel. The case-carrying CSW is invited and encouraged to attend. All SARB meetings are confidential and may vary in frequency.
All concerns relating to a child's attendance, enrollment, and/or behavior problems in public schools should be addressed to the school district office where the child was or is currently enrolled.
Concerns of excessive absenteeism, tardiness, or habitual truancy are reported to a Pupil Services and Attendance (PSA) or Child Welfare on Attendance (CWA) counselor who serves the school where the child is enrolled. The PSA and CWA counselors work with the Dependency and Juvenile Court Liaisons when a child has an active case in either court and has been referred to the SARB.
The SARB referral process may vary for children who are attending schools outside of the Los Angeles County. The administrative staff at the child's school should be contacted for more information if the school if out-of-county.
The SARB referral process occurs in the following order:
The SARB chairperson assists school personnel and other PSA/CWA counselors in selecting and preparing cases for the SARB board. The SARB chairperson ensures that all district-wide and local district remedial measures are attempted through discussion at the local Resource Panel.
The SARB chairperson is also responsible for all of the following:
Case-carrying CSWs are required to assist DCFS-supervised children/youth in achieving successful educational outcomes in the following, additional ways:
Child Protection Hotline (CPH) CSW Responsibilities
CSW Information/Consultation Call
DCFS 1727, Request for the Juvenile Court to Limit Parental Rights to Make Educational Decisions for Minor Health and Education Passport (HEP)A document that is generated on CWS/CMS that contains a summary of a child's health and education information. The caregiver keeps a current copy of the Passport, along with the health and education forms in a binder provided by DCFS. This binder shall follow the child to all placements. The Passport shall accompany the child to all medical, dental and educational appointments. The Passport binder in its entirety is given to the child upon emancipation.
Ex Parte Application
Co-Located Los Angeles County, Foster Youth Services
CSW Information/Consultation Call Form
DCFS 1361, Referral for Educational Consultant Services
DCFS 1399, Notification to School of Pupil's Foster Care Status
DCFS 1727, Request for the Juvenile Court to Limit Parental Rights to Make Educational Decisions for Minor
DCFS 5402, Notice of Child's Attorney RE: Child's Case Status
JV-539, Request for Hearing Regarding Child's Education
0050-502.10, Child Protection Hotline (CPH)
0070-516.10, Assessing a Child's Development & Referring to a Regional Center
0070-548.01, Child and Family Teams
0080-502.10, Case Plans
0080-505.10, Youth Development: Transitional Independent Living Planning
0080-505.20, Health and Education Passport (HEP)
0100-510.17, Placing a Child in Out-of-Home Care
0100-535.60, Youth Development: The 90-Day Transition Plan and Transitioning to Independence
0300-503.12, Health and Education Questionnaire
0300-503.97, Notice of Replacement Report
0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff
0700-502.10, Referring Children to Healthy Start
0700-504.20, Referring Children for Special Education or Early Intervention Services
0700-507.10, Appointment of an Educational Representative, Educational Surrogate Parent, or Developmental ServicesServices provided by the Regional Centers, which include diagnostic evaluation, coordination or resources such as education, health, welfare, rehabilitation and recreation for persons with developmental disabilities. Additional services include program planning, admission to and discharge from state hospitals, court-ordered evaluations and consultation to other agencies. Decision-Maker
0900-520.20, Educational Travel Reimbursement
All County Letter (ACL) 12-70 – Defines "educational stability" and provides instruction on how to ensure it is part of the child/youth's Case Plan.
California Rules of Court (CROC) 5.651(e) – States, in part, that if a child/youth is in special education classes and must change schools, the court must find that DCFS notified the school district of the intended change ten (10) days prior to the intended removal from the school-of-origin.
Education Code (EDC) Section 48263 – States, in part, that habitually truant and habitually insubordinate students may be referred to the Student Attendance Review Board (SARB).
EDC Section 48292 – States that failure to attend school as required may result in the filing of a complaint against the parents with the District Attorney's Office.
Education Code (EDC) Section 48645.5 – States that full or partial coursework satisfactorily completed by a student while attending public school, juvenile court school, or nonpublic, nonsectarian school must be accepted by the school district and county office of education. Addresses the requirement that schools provide diplomas to students who complete graduation requirements of his/her district of residence while being detained.
EDC Section 48850 – Requires each student be placed in the least restrictive educational program and have access to the academic resources, services, and extracurricular and enrichment activities that are available to all students, and must be based on the best interests of the child.
EDC Section 48852 – Requires DCFS to notify the local educational agency when a child is placed in out-of-home care and to provide available educational information on past education placements to facilitate prompt record transfer and appropriate education placement.
EDC Section 48853 – States the exceptions to a child in out-of-home care attending programs operated by the local educational agency.
EDC Section 48853.5 – Allow foster children to remain in the school-of-origin until jurisdiction is terminated or, if terminated, until the end of the academic school year. Requires that the foster child have the benefit of matriculating his/her peers under specifically stated circumstances. Addresses continuation in the school-of-origin even during educational placement disputes as well as the waiver of the right to continue in the school-of-origin. Specifies requirements for when an Educational Liaison is recommending a foster child be moved from the school-of-origin. States the requirement for immediate enrollment of a student and provides a definition of "school-of-origin."
EDC Section 48856 – Requires that the local educational agency collaborate with the placing agency in the monitoring of a placement in a nonpublic, nonsectarian school or agency.
EDC Section 49069.5 – States that both the LEA and DCFS are responsible for the proper and timely transfer of students in foster care between schools. Sets for the transfer notification requirements of DCFS to the LEA. Also states the LEA requirements for timely transfer of student's educational information and records to the new school. State that there may be no lowering of grades based on placement or court-related absences.
EDC Section 51225.1 – States the circumstances that a school district will and will not exempt a student in foster care.
EDC Section 51225.3 – Requires school districts to provide transferring foster children/youth with appropriate coursework exemptions, notifications of the impact this may have on his/her college admission, and information on the California Community Colleges.
EDC Section 56026 – Defines individuals with "exceptional needs."
EDC Section 56055 – State the circumstances under which a foster parent/caregiver may grant authority to consent to an Individualized Education Plan (IEP) and/or other related services.
Health and Safety Code (HSC) Section 120341 – Requires that when a foster child is transferred to a new school, the new school must ensure the immunization of the foster child if absent any record of his/her immunizations have been previously provided.
Welfare and Institutions Code (WIC) Section 16001.9 – States that all foster children have the right to attend school and to participate in extracurricular, cultural, and enrichment activities consistent with their age and developmental level with minimal disruption to his/her school attendance and educational stability.
Public Law (PL) 112-278 – Permits educational agencies and institutions to disclose a student's education records without parental consent to a representative of a local child welfare agency when such an agency is legally responsible for the care and protection of the student.
