Students in the foster care system have the right to receive a free, appropriate, and public education, which extends to public charter and cyber charter schools.
In total, there are 14 charter schools located in Region 2.
21st Century Charter School
Achievement House Charter School
Avon Grove Charter School
Capital Area School for the Arts Charter School
Collegium Charter School
Commonwealth Charter Academy
Gillingham Charter School
Insight PA Cyber Charter School
La Academia Partnership Charter School
PA Leadership Charter School
PA STEAM Academy Charter School
Reach Cyber Charter School
Renaissance Academy Charter School
Sylvan Heights Science Charter School
Charter and cyber charter schools are federally mandated to follow the foster care provisions within the Every Student Succeeds Act (ESSA). LEA Foster Care Points of Contact (POCs) working in charter schools must fulfill all responsibilities associated with the role to eliminate educational barriers and ensure the implementation of all requirements under ESSA.
Certain ESSA requirements may look differently in the charter school setting due to state procedures, particularly for cyber charters. For example, Pennsylvania school districts and brick-and-mortar charter schools must create a memorandum of understanding (MOU) with local CCYAs, including a written transportation plan. Pennsylvania cyber charter schools are not required to maintain MOUs or transportation plans for foster care students. However, cyber charter schools should participate in school placement best interest determinations (BIDs) given their important role in a student’s education.
The following chart further demonstrates ESSA’s foster care provisions and how they are carried out in statewide brick-and-mortar and cyber charter schools.
School districts and charter schools must work collaboratively to ensure educational success and stability for foster care students. School districts and charter schools can work together to support the unique needs of foster care students by:
Facilitating open and effective communication between school district and charter school foster care POCs, transportation staff, social workers, and other relevant staff members.
Establishing memorandums of understanding (MOUs).
Engaging in resource sharing for foster care students within the local community.
This document outlines step-by-step procedures for cyber charter schools to follow when complying with the federal protections provided to foster care students under the Every Student Succeeds Act (ESSA).
Process for Enrolled and Attending Students
When an enrolled student has been identified by the school of origin (SOO) as being placed in foster care or as having a change in foster placement, the following should occur:
The involved County Children and Youth Agency (CCYA) notifies the SOO’s foster care point of contact (POC) through a placement notification form within 48 hours of placement.
The best interest determination (BID) meeting (which determines school placement) occurs within 72 hours of placement or change in placement. Attendees include:
Placing CCYA
SOO
Other possible entities:
School of foster residence
Natural parents
Resource parent
Child advocate or attorney
Guardian Ad Litem
Educational decision maker
Other involved individuals/organizations
If the foster care POC has not received a BID meeting request after receiving a placement notification, the POC should contact the CCYA Education Liaison and initiate the process. For CCYA contact information, refer to the statewide directory.
To the extent feasible and appropriate, the student must remain in the SOO during the BID process.
The BID decision can be documented on this sample BID form.
The student’s school of residence (the school district where the natural parents reside) must be notified of foster care placement and the BID decision for child accounting purposes.
Resulting BID Determination
If the BID decision is for the student to remain in the SOO, the cyber charter ensures all barriers to the student’s education are removed and the student is up to date on all schoolwork.
If the decision is to enroll in the school of foster residence, the SOO and the CCYA coordinate an immediate transfer of records to facilitate the student’s enrollment in their new school without delay.
The SOO’s foster care POC connects with the school of foster residence to provide any needed information for a smooth transfer. This includes IEPs and all other school records.
If the student is withdrawn from the attending cyber charter, that school will no longer be considered the SOO. The enrolling school becomes the new SOO.
School Placement BID Disputes
When there is a dispute between the SOO and the CCYA over school placement, the following must occur:
The student remains in the SOO during the dispute process.
Both parties and other involved entities gather more information.
The SOO and the CCYA include the school of foster residence in the discussion.
The SOO and the CCYA connect with the Region 2 office to help negotiate the placement dispute (if needed).
Once the information is gathered, a second BID meeting occurs to make a final determination.
In the case of continued disagreement on school placement, the CCYA makes the final decision.
Process for Unenrolled, Newly Identified Foster Care Students
When a student has been placed in foster care or had a change in foster care placement and it has been determined they will enroll in the cyber charter school, the following should occur:
The CCYA reaches out to the cyber charter with the Placement Notification Form and the BID decision on school placement.
A best practice is for the cyber charter school to be involved in the BID meeting to obtain all helpful information for student enrollment and a smooth transition to the cyber program.
The previous school sends all student records immediately after the BID decision to the enrolling cyber charter school.
All barriers to the student’s full participation in the school program must be removed.
The cyber charter (as the new SOO) ensures the student is caught up on all schoolwork.