Regulation – x
Adopted – 1/19/2012
“Foster youth” means a child who has been subject to one of the following:
1. Has been removed from his/her home pursuant to Welfare and Institutions Code 309 (investigation and release of child)
2. Is the subject of a petition filed under Welfare and Institutions Code 300 (jurisdiction of juvenile court) or 602 (minors ward of court, violating law)
3. Has been removed from his/her home and is the subject of a petition filed under Welfare and Institutions Code 300 or 602
“Person holding the right to make educational decisions” means a responsible adult appointed by a court pursuant to Welfare and Institutions Code 361 or 727.
“School of origin” means the school that the foster youth attended when permanently housed or the school in which the student was last enrolled. If the school the foster youth attended when permanently housed is different from the school in which he/she was last enrolled, or if there is some other school that the foster youth attended within the preceding 15 months and with which the youth is connected, the district liaison shall, in consultation with and with the agreement of the foster youth and the person holding the right to make educational decisions for the youth, determine, in the best interest of the foster youth, the school of origin.
“Best interest” means a placement that ensures that the youth is placed in the least restrictive educational program and has access to academic resources, services, and extracurricular and enrichment activities that are available to district students.
The district’s liaison for foster youth shall:
1. Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of students in foster care
2. Assist foster youth when transferring from one school to another or from one district to another in ensuring proper transfer of credits, records, and grades, including ensuring that records reflect full or partial credit for courses taken.
Beginning January 1, 2012, the district will award partial and complete class credit for successfully completed coursework to students in foster care who transfer from another public school, a juvenile court school or a nonpublic, nonsectarian school or agency. Full or partial credit for satisfactorily completed coursework for transferring foster youth must be granted, even if the student did not complete the entire course. The district will apply credits accepted to the same or equivalent course offered by the district.
Foster youth will not be required to retake courses that were satisfactorily completed in their entirety at other schools. If the coursework was only partially completed, the student will not be required to retake the completed portion, unless the district, in consultation with the holder of the student’s educational rights, determines that the student is reasonably able to complete the course requirements in time for graduation.
Further, when awarding credit for partially completed coursework in a particular course, the student must be enrolled in the same equivalent course, if applicable, to allow him/her to complete the course.
Foster youth cannot be prevented from taking or retaking courses to meet eligibility requirements for admission to the California State University or the University of California.
A foster youth placed in a licensed children’s institution or foster family home shall attend programs operated by the district unless one of the following circumstances applies:
1. The student has an individualized education program requiring placement in a nonpublic, nonsectarian school or agency or in another local educational agency.
2. The parent/guardian or other person holding the right to make educational decisions for the student determines that it is in the best interest of the student to be placed in another educational program.
3. The student is entitled to remain in his/her school of origin as defined above.
At the initial detention or placement, or any subsequent change in placement of a foster youth, the district shall allow the student to continue his/her education in the school of origin for the duration of the academic school year. However, the district liaison may, in consultation with and with the agreement of the foster youth and the person holding the right to make educational decisions for the youth, recommend that the youth’s right to attend the school of origin be waived and he/she be enrolled in any school that students living in the attendance area in which the foster youth resides are eligible to attend. All decisions shall be made in accordance with the foster youth’s best interest.
Prior to making any recommendation to move a foster youth from his/her school of origin, the liaison shall provide the youth and the person holding the right to make educational decisions for the youth with a written explanation of the basis for the recommendation and how this recommendation serves the youth’s best interests.
The role of the liaison shall be advisory with respect to placement decisions and determination of the school of origin.
If the liaison, in consultation with the foster youth and the person holding the right to make educational decisions for the foster youth, agree that the best interests of the youth would be served by his/her transfer to a school other than the school of origin, the principal or designee of the new school shall immediately enroll the foster youth. The youth shall be immediately enrolled even if he/she has outstanding fees, fines, textbooks, or other items or monies due to the school last attended or is unable to produce records, such as academic, medical, or proof of residency, or clothing normally required for enrollment.
Beginning January 1, 2012, foster youth, when transferring into a new school, will be allowed to immediately enroll in the new school, without proof of immunization. However, after enrolling, the district shall obtain the immunization records for these students to ensure they are immunized.
Within two business days of enrollment, the liaison shall contact the school last attended by the student to obtain all academic and other records. Upon receiving a request from a new school, the liaison for the school last attended shall provide all records within two business days of receiving the request.
If a parent/guardian or foster youth disagrees with the liaison’s enrollment decision, he/she may appeal the decision to the Superintendent. The Superintendent shall make a determination within 30 days of receipt of the appeal. Within 30 days of receipt of the Superintendent’s decision, the parent/guardian or foster youth may appeal that decision to the Board of Education. The Board shall consider the issue at its next regularly-scheduled meeting. The Board’s decision shall be final.
If any dispute arises regarding the request of a foster youth to remain in the school of origin, the youth has the right to remain in the school of origin pending resolution of the dispute.
CSBA Date –