Foster Youth is defined as a child or youth who has been removed from their home pursuant to WIC 309 (temporary custody), is the subject of a petition filed under WIC 300 (dependent-victim of abuse or neglect) or WIC 602 (juvenile who has violated the law), or has been removed from their home and is the subject of a petition under WIC section 300 or 602. EC 48853.5(a).

EC 42238.01(b) defines “foster youth” as any of the following:

• A child or youth who is the subject of a petition filed under Welfare and Institutions Code (WIC) Section 300 (meaning a court has taken jurisdiction over a child and declared the child to be a dependent of the court due to the presence or risk of abuse or neglect). This includes both children who are living at home (i.e., with their biological parents) while a dependent of the court as well as children who the court has ordered to be removed into the care, custody and control of a social worker for placement outside the home.

• A child or youth who is the subject of a petition filed under WIC Section 602 (meaning a court has taken jurisdiction over a child and declared the child to be a ward of the court due to the child’s alleged violation of certain criminal laws) and has been ordered by a court to be removed from home pursuant to WIC Section 727 and placed into foster care as defined by WIC Section 727.4(d) (e.g., placed into a foster home or short-term residential therapeutic program).

• A youth between ages 18 and 21 who is enrolled in high school, is a non-minor dependent under the placement responsibility of child welfare, probation, or a tribal organization participating in an agreement pursuant to WIC Section 10553.1, and is participating in a transitional independent living case plan.

GUIDING PRINCIPLES

Everyone shares the duty to promote the educational progress of children in out of home placements. Educators, school personnel, social workers, probation officers, caregivers, advocates and juvenile court officers must all work together to serve the educational needs of children in foster care. Students in foster care must have access to the same academic resources, services, and extracurricular and enrichment activities that are available to all students. EC 48850(a)

All educational and school placement decisions are made by the Educational Rights Holder in consultation with other parties, must be based on the child’s best interests and must consider, among other factors, educational stability and the least restrictive educational setting necessary to achieve academic progress. EC 48850(a)(1), 48853(h); WIC 361(a)(6), 726(c)(2).

School Stability

Role of the County Placing Agency

When making out of home placements, the placing agency must consider both the placement's proximity to the child's present school and the impact the placement will have on the child's educational stability. WIC 16501.1(C)

Role of the School

• Educational placements of foster youth must be made to ensure that youth have access to the same resources available to all students, that the educational placement in the least restrictive environment, and that the educational placement in the youth’s best interest. WIC 361,726, EC 48853

• If the child’s residential placement changes, the school district must allow the child to remain in his or her school of origin for the duration of the school year, provided it is in her best interest to do so. The child’s best interest is determined by the school district foster care liaison, the person who holds education rights, and the child. If a dispute arises, the child has the right to remain in her school of origin until the dispute is resolved. EC 48853.5.

Preference for Public School

Foster children must be enrolled in programs operated by the local education agency unless the child has an IEP requiring a different educational placement, or the person with education rights determines that it is in the child's best interest to attend a different educational program or to remain in the school of origin. EC 48853

Immediate Enrollment

The child has the right to be immediately enrolled in the new school without school records, immunization records, uniforms, etc. EC 48853(d)(4)(B)

Timely Transfer of Records

The timely transfer of records is the responsibility of both the placing agency and the school district.EC 49069.5

County Placing Agency

When the case worker or probation officer becomes aware of the need to transfer a student to a new school, he or she must:

• Notify the school of the student's last expected day of attendance

• Request the calculation of the student's educational information

• Request the student be transferred out. EC 49069.5

Case workers and probation officers may access the child's school records without parental consent or court order so that they may assist with school transfer or enrollment, compile the child's health and education summary, or fulfill educational case management duties. EC 49076

Old School

Within 2 business days, the old school must transfer the student out, and deliver the student's educational record to the next school. The record must include a determination of seat time, full or partial credits earned, classes, grades, immunizations and, if applicable, special education or 504 plans. EC 49069.5

New School

The liaison for the new school shall, within 2 business days of the foster child's request for enrollment, contact the school last attended by the foster child to obtain all academic and other records. EC 48853.5(d)(4)(c)

Protection for Grades and Credits

A foster child's grades cannot be lowered due to absences caused by a change in placement, attendance at a court hearing, or a court ordered activity. EC 49069.5

Schools must award all students (not just foster youth) with credit for full or partial coursework satisfactorily completed at another public school, a juvenile court school, or a non-public, non-sectarian school. EC 48645.5