POLICY

Preparing for a Hearing Regarding a Child/Youth's School-of-Origin after Placement

Transferring Students and their Records

Determining School Credit, Appropriate Coursework Exemptions, and College Admission/Transfer Opportunities

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

Referenced Policy Guides

Statutes

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."

POLICY

Child/Youth Educational Rights

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:

Stable schooling placement that is least restrictive for him/her.

Access to academic resources, services, extracurricular, cultural, and enrichment activities.

Consideration of the right to minimal disruption to school attendance and to educational stability.

Enrollment at his/her school-of-origin following a change in his/her placement, if he/she so chooses.

Matriculation with his/her peers.

Refer to the following table based on the type of school a child/youth is transitioning to:

School Transitioning to

Required Local Educational Agency (LEA) Actions

School between grade levels

The LEA must allow the child/youth to continue in the school district of origin in the same attendance area.

Middle school or high school

AND

Is in another school district

The LEA must allow the child/youth to go to the designated school in that other district.

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:

School Attendance Review Board

Special education services

Appointment of Responsible Adult or Educational Surrogate Parent for the Purpose of Making Educational Decisions

Health and Education Passport (HEP)

Health and Education Questionnaire

The Educational Consultant for the Regional office

Immediate Enrollment Requirement

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.

School-of-Origin

DCFS-supervised children/youth have the right to remain in their school-of-origin following a change in his/her placement:

Through the duration of the court's jurisdiction.

Upon removal from their home and/or out-of-home placement, and

Until the end of the academic year when the court's jurisdiction is terminated.

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 school a DCFS-supervised child/youth attended when permanently housed is different from the school he/she was last enrolled in, or

The DCFS-supervised child/youth is still connected to another school that he/she attended.

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 child/youth is placed outside of his/her school-of-origin's attendance area.

There is a pending resolution for a school placement dispute.

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.

If the child/youth's attorney, his/her HER, or the court is opposed to the removal, after their receipt of the JV-539, a hearing may be scheduled.

The child/youth's attorney must discuss the removal with the child/youth and the HER.

The child/youth's attorney or the HER has two (2) days from the receipt of the JV-539 to request a hearing.

Public School Preference

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:

There is a current and valid Individualized Education Program (IEP) requiring an NPS placement that is signed by the Holder of Educational Right (HER).

The HER has provided a signed consent and a written statement, stating that it is in the best interest of the child/youth to be placed in a NPS.

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.

Calculation of School Credit

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:

Notify of the youth

Notify, as appropriate, of the youth's Holder of Educational Rights (HER)

Provide the youth information about transfer opportunities available through California Community Colleges.

California High School Exit Examination (CAHSEE)

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:

Parts of the CAHSEE the child/youth has passed and failed;

Number of times the child/youth has taken the CAHSEE and the dates on which the test(s) was taken;

Date when the child/youth will repeat the test, if applicable; and

Supplemental educational services being offered and efforts to locate services to assist the youth in passing the CAHSEE.

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.

Early Care and Early Education Services

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 (0 – 36 Months)

Early Head Start gives priority enrollment to the following types of individuals and families:

Families of toddlers/infants with disabilities

Low-income families with infants and toddlers

Low-income, pregnant women

Early Head Start services include:

Developmentally appropriate curriculum

Group socialization activities for parents and children

Home visits

Job referrals for parents

Linkages for full-day and year-round care

Parent education

Parent involvement activities

Screenings and assessments to identify developmental delays or disabilities

Support services for pregnant women

Head Start (3 – 5 Years Old)

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:

Daily partial (three and a half (3.5) hour) or full-day programs, Monday through Friday

Families in need of full day programs should consider combining a partial day Head Start program with a daycare or childcare provider.

Lunch and snacks

Special needs screening for speech therapy, developmental milestones, etc.

Medical and dental screenings

Literacy development with an early education emphasis on school reading

Individualized Education Plan (IEP) development for each child

Conferences at least two (2) times a year with caregivers to be conducted, if possible, in the child's home

Assistance with family/child transitions or transfers to school or other Head Start programs

Field trips

Family support services

Programs for teen moms with children between the ages of eighteen (18) and twenty-four (24) months

Connection to family resources and community assistance

Los Angeles Universal Pre-School (LAUP) (4+ Years Old)

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:

Partial and full day programs, Monday through Friday, year round depending upon the location

Families in need of full day programs should consider combining a partial day Head Start program with a daycare or childcare provider.

Special needs screening for speech therapy, developmental milestones, etc.

Literacy development with an emphasis on early education for school readiness

Family support services

Excellent and consistent adult-to-child classroom ratios

Parent/Caregiver involvement activities

Various learning environments

Los Angeles Unified School District (LAUSD) Early Childhood Education Division (ECED) (0 – 5) Years Old)

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.

Accredited Child Care Programs (0 -13 Years of Age)

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.

School Attendance Review Board (SARB)

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:

Community-Based Organizations

DCFS

District Attorney's Office

Health Representative

Law Enforcement

Local Education Agency (LEA) Representatives

Parents and/or other community Representatives

Probation

School Child and Welfare Attendance Personnel

School Guidance Personnel

The SARB is responsible for the following:

Identifying attendance, enrollment, and behavioral problems and following-up with classroom, school site, and district level interventions

Regularly bringing together representatives of agencies that make up the SARB board

Surveying available community resources and determining their appropriateness

Making recommendations to meet the needs of referred children

Seeking to understand why children experience attendance and behavior problems that have not been resolved through school and community efforts

Promoting the use of alternatives to the juvenile court system

The SARB may take the following actions to maximize attendance and reduce school dropout:

Arrange for tutoring when needed

Arrange parenting classes

Assist children in securing employment

Coordinate assistance from volunteers to help children get to school

Direct children and/or their family to counseling

Help children understand the importance of school, why they must attend school, and that there are consequences for failing to comply with the law

Facilitate a child's transfer to an alternative school or program when necessary

Recommend changes in the child's program

Recommend the establishment of needed resources

Refer chronic attendance and/or behavior problems to the District Attorney Truancy Mediation Program (DATMP) for further assistance

Cases referred to the SARB are referred to the Juvenile Courts only after the SARB and the DATMP recommendations have been violated.

Request assistance from other county agencies and programs, when needed

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

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.

Referral Process to the SARB

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 referral process may be initiated by any one (1) of the following individuals, entities, or situations:

A concern called in to the school district's office where the child was or is currently enrolled

A CSW or Probation Officer

A teacher who brings the concern to the attention of the school PSA/CWA

The family who self-refers

The PSA/CWA counselor who takes action based on a child's numerous absences

A PSA/CWA counselor is assigned to work with the child and his/her family.

The PSA/CWA counselor holds a conference and develops a plan of action with the family to resolve the poor attendance and improve academic achievement.

The family signs a contract indicating their agreement with the plan of action.

PSA/CWA counselors provide preventive services at the local school level by referring to health, psychological, academic, and community resources, based the child and his/her family's needs.

The plan of action is implemented.

If the child continues to exhibit poor attendance after the school has provided intervention services, the case is referred to the SARB.

The SARB recommends alternatives to legal action to the family at the hearing.

If the family does not follow the SARB's recommendation, the case is referred to the DATMP.

SARB Chairperson

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:

Acting as an expert witness in the mediation or prosecution of compulsory school attendance violation laws

Holding a SARB meeting and developing a plan of action to resolve the poor attendance and improve academic achievement

Ensuring the implementation of the SARB's recommendations

Making 601(b) truancy referrals to the District Attorney

Training agency and community representatives for the local SARB

Managing Cases to Achieve Successful Educational Outcomes

Case-carrying CSWs are required to assist DCFS-supervised children/youth in achieving successful educational outcomes in the following, additional ways:

Being knowledgeable about how to locate and access education resources.

Understanding the child/youth's developmental and educational needs and challenges.

Understanding the school and the person designated as the Holder of Educational Rights (HER).

Helping to refer the child/youth as well as his/her caregiver/family to appropriate services.

Encouraging the child/youth and his/her caregiver/family to be accountable for the child/youth's educational achievement.

When making placement decisions, strongly considering the child/youth's school stability and whether he/she is succeeding.

When a child/youth is transferring schools:

Notifying the school being left and request for the child/youth to check-out

Ensuring that the transfer appropriately occurs.

Ensuring that:

Education plans, including the Transitional Independent Living Plan (TILP), are developed for the child/youth.

Transportation plans are developed when distance to a school is a barrier.

Keeping the parent/caregiver involved as much as possible by:

Discussing the child/youth's educational progress regularly with him/her and the child/youth.

Providing parents/caregivers with current educational information when a child/youth is placed.

Helping to build bridges between parents, caregivers, and schools.

Attending the child/youth's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP) meeting, as applicable.

Intervening when there is a problem at a child/youth's school.

PROCEDURE

Continuing at or Changing the School-of-Origin

CSW Responsibilities

Discuss with the Holder of Educational Rights (HER) and the DCFS-supervised child/youth whether it is in the best interest of the child/youth to remain in the school-of-origin by considering:

The importance of educational stability;

The least restrictive educational setting possible to achieve academic progress; and

The availability of travel reimbursement provided by DCFS.

If there are any barriers to the child/youth remaining in their school-of-origin, contact the following individuals:

DCFS Educational Consultant

Child/Youth's attorney

Local Education Authority (LEA)

Educational Liaison for Foster Youth

If the LEA Education Liaison recommends a waiver, as allowed by law, of the child/youth's right to attend the school-of-origin after obtaining agreement from the HER:

Obtain a copy of the Liaison's written statement, which explains the basis for this recommendation.

Attach a copy of the statement to the next court report.

If it is determined that the child/youth's change in placement, including both initial placement and replacements, will result in the child/youth being removed from the school-of-origin, notify the following individuals:

The child/youth's attorney via DCFS 5402, Notice of Child's Attorney RE: Child's Case Status, within one (1) court day.

The court via an Ex Parte Application and order, within one (1) court day.

The HER via telephone (or voicemail), email, or in-person. Only notify the HER by first class mail if his/her telephone number or an email address is not known.

If the child/youth receive special education services, notify the school district of the intended placement change ten (10) days prior to his/her planned removal from the school-of-origin, as required by law.

If ten (10) days' notice is not possible (e.g. an emergency placement), notify the LEA or school district within one (1) court day.

Preparing for a Hearing Regarding a Child/Youth's School-of-Origin after Placement

CSW Responsibilities

When a hearing has been scheduled regarding a child/youth who has changed placements and who wishes to stay at his/her school-of-origin, provide an Interim Report at least two (2) court days after the JV-539, Request for Hearing Regarding Child's Education, is filed.

Include all of the following information in the Interim Review Report:

How all the involved parties have been appropriately notified

Details of any dispute regarding the child/youth remaining in his/her school-of-origin

Whether the child/youth:

Continues in the school-of-origin;

Was properly enrolled in the new school;

Has an IEP or is in the process of being assessed for his/her eligibility for special education services;

(If ages infant (0) - three (3)) is receiving early intervention services;

Is receiving Regional Center services or is in the process of being assessed for his/her eligibility for them. When appropriate, consent to and request a copy of the Life Quality Assessment from the Regional Center and attach the copy to the next court report;

Should be placed in a more restrictive educational placement.

Whether the new school will:

Affect the child/youth's educational stability; or

Have educational support systems similar to the school-of-origin.

Distance from the school-of-origin and the new school as well as any information or issues regarding transportation.

Written statements from:

The Holder of Educational Right (HER), LEA Education Liaison, parent/legal guardian, and all other appropriate parties regarding the educational placements that best meet the child/youth's needs; and

DCFS, confirming the child/youth was not segregated due to his/her status as a dependent.

Recommendation(s) as to whether the educational rights of the parent/legal guardian should be limited.

The child/youth's educational and developmental achievements and challenges, if any.

If a child/youth has special needs:

Information regarding his/her special needs or learning disabilities;

The special education services the child/youth is receiving.

Transferring Students and their Records

CSW Responsibilities

If the Holder of Educational Rights (HER) decides to transfer a child/youth to a new school, immediately notify the school-of-origin in writing.

Use the DCFS 1399, Notification to School of Pupil's Foster Care Status, and the DCFS School FAX Cover Sheet to:

Notify the school-of-origin of the need to transfer the child/youth;

Request the school-of-origin transfer the child/youth and his/her records to the new school within two (2) business days, per state law; and

Notify the school district's main office when placing a child/youth in a group home or a child/youth with special education needs into its district.

Work with the new school and care provider to ensure:

The transfer and immediate enrollment of child/youth in the new school;

Any barriers are eliminated that would prevent a child/youth from having the same educational rights and the opportunity to meet the same academic standards.

When immunization records are not immediately available, make every effort to assist the school in locating them for the child/youth to avoid duplication of records.

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.

Request educational records for the child/youth either by obtaining a signed DCFS 179, Parental Consent and Authorization for Medical Care and Release of Education Records, from the parent/legal guardian or the HER, or by a court order.

The DCFS 179 may also be used when reporting the child/youth's educational status to the court.

Document the basis for changing schools in the Education Notebook, the Case Plan, and the next court report.

Determining School Credit, Appropriate Coursework Exemptions, and College Admission/Transfer Opportunities

CSW Responsibilities

Verify with the new school that all transferred credits have been received and accepted. If a DCFS-supervised child/youth transfers schools during a semester, he/she is entitled to receive full or partial coursework credits for coursework satisfactorily completed.

Contact the LEA Liaison for Foster Youth if a child/youth does not receive check-out grades from a former school as part of his/her records.

If full or partial coursework credits have not been applied towards the child/youth's graduation requirements, consult with the Education Consultant and/or the DCFS Education and Mentoring Section staff.

For a DCFS-supervised youth in eleventh (11th) or twelfth (12th) grade who transfers from another school district or between high schools within the same school district, advocate for appropriate exemptions for him/her if the Holder of Educational Rights (HER) and the child/youth agree.

If any exemptions or waived requirements will affect a child/youth's ability to gain admission to college:

Ensure the school district notifies the child/youth and the HER;

Advise the child/youth and the HER that graduating while using an exemption does not necessarily mean the child/youth has completed the coursework required to apply to a California State University, a school in the University of California system, or another four (4) college/university.

Ensure that the school district provides the child/youth with information about transfer opportunities available through the California Community Colleges.

Advocate for the youth's high school graduation by monitoring and providing services to assist him/her in preparation for the California High School Exit Examination (CAHSEE), as required by law.

Using established criteria, assess the youth's progress towards passing the CAHSEE and his/her progress towards obtaining a high school diploma.

Once a child/youth has entered the tenth (10th) grade, provide specific and updated information on his/her progress towards completing the CAHSEE to the court at each status review hearing.

Inform the school where the child/youth is enrolled of any placement changes, court appearance dates, and court ordered related absences.

Review the child/youth's attendance and grade records to ensure that a child/youth is and was not penalized.

Receiving a Referral Regarding a Child who is Not Attending School

Child Protection Hotline (CPH) CSW Responsibilities

Refer the reporting party to the school district office where the child is enrolled, provided that there are no allegations of abuse or neglect being reported.

If there are allegations of child abuse or neglect, create a referral per Child Protection Hotline (CPH) procedure.

Advise the reporting party that he/she needs to provide the following information to make the report to the school:

The name of the school where the child was last enrolled;

If the party does not know the name of the school where the child was last enrolled, he/she may contact the student locator at (213) 241-2450 for children who last attended LAUSD schools.

If the child may have been enrolled in a school district other than LAUSD, the reporting party should be directed to contact the administrative office of that school district.

The child's full name and date of birth.

If there is an open referral or case with DCFS, document it by generating an "Information to CSW" report.

If there is not an open referral or case with DCFS, document it by generating a "Consultation" report.

Responding to a Child's Referral to SARB

CSW Responsibilities

Attend the SARB meetings and conferences on behalf of a child, and advocate for him/her at the meeting.

Request a copy of the SARB contract at the SARB meeting. If you are not at the meeting, complete and mail the DCFS 1727, Request for the Juvenile Court to Limit Parental Rights to Make Educational Decisions for Minor to all appropriate parties.

Inform the court about the child's progress on the SARB's recommendations.

Document the appropriate information in the Education Provider Notebook and in the Health and Education Passport.

Complete and submit a DCFS 1361, Referral for Educational Consultant Services.

Consult with the DCFS Regional Education Consultant if you encounter difficulties with the school district.

Follow the recommendations made by the DCFS Regional Education Consultant, and document follow-up activities in the Contact Notebook. The individuals listed on the following attachments may also be contacted for assistance when foster children have education related issues:

Co-Located Los Angeles County, Foster Youth Services Staff. The foster youth services and education specialists listed on this form only assist with dependent children placed in licensed homes or group homes when referred by the DCFS Regional Consultants.

Foster Youth Liaison Contacts.