Bakersfield City School District Student Services Department Michael Skiba, Supervisor

1. Bakersfield City School DistrictFoster Youth Services and McKinney-Vento Homeless Assistance Program Bakersfield City School District Student Services Department Michael Skiba, Supervisor Suzanne Guest, District Liaison: Homeless/Foster Children Services September 2011

2. Questions and What Do You Hope to Learn? • Issues • Concerns • Obstacles • Planning • Coordination FOSTER & HOMELESS

3. Agenda/Objectives • Rationale for law, policy, and procedure concerning homeless students and foster youth • How does a child become a “foster youth”? • Defining the person(s) provided rights under the homeless laws and the length of that protection • District procedures to identify and locate homeless and foster students • Legal requirements • School enrollment and attendance • Dispute resolution • Transportation • Community resources and contact information • District resources and contact information FOSTER & HOMELESS

4. Who Qualifies as a Foster Youth? A child who has been removed from his/her home due to abuse, neglect, or abandonment or because the child has violated the law. FOSTER

5. Overview of Child Removal and Efforts to Reunify Family • The dependency process involves many steps and can take years. Minors who are either dependents or are in the process of being declared a dependent may be any of the following: • In-Home placement • Under the custody and control of his or her custodial parents. • Out-of-Home placement • Under the custody and control of a guardian. A guardian could be a relative or foster parent (Welfare and Institutions Code 360[a]; Cal Rules of Ct., Rule 1456[b]). • Under the custody and control of the county probation department or social services department. These are students for whom a guardian is not appointed. They may reside in group homes, foster care, licensed children’s institutions, an approved home of a relative, an approved home of a nonrelative extended family member as defined in section 362.7 (Welfare and Institutions Code 361.2) (Author, May 11, 2006. Law Offices of Best Best & Krieger). FOSTER

6. Educational Barriers Affecting Foster Youth • Research indicates that 83% of foster children are held back by the third grade, 75% are working below grade level, over 35% are in special education, and as few as 15% enroll in college. • The lack of educational stability is thought to be the single biggest hurdle to educational achievement for foster youth. Students who change schools often are, on average, one year behind their less mobile peers on standardized tests (Sen. Com. on Education, Analysis of Assem. Bill No. 490 [2003-2004 Reg. Sess.] as amended July 2, 2003, p. 6) • Frequent school changes have been correlated with lower academic achievement (Popp, 2004) FOSTER

7. Requirements Under Laws Protecting Foster Youth Stay in School of Origin. A foster student has a legal right to: 1. continue to attend the “school of origin” for the duration of the jurisdiction of the court.  NOTE: As long as the student is in a foster placement, they may remain in their school of origin regardless of where they move (even if it is out of district).  Transportation is NOT provided by the school district. (This was changed as of September, 2010 by assembly bill1933); 2. attend school of residency, or 3. attend the school of “best interest” as determined by the District Liaison, person with educational rights, and foster youth. FOSTER

8. Requirements Under Laws Protecting Foster Youth (Continued) • Immediate enrollment in school without proof of residency, immunization records, school records or other documents required for enrollment by school. • Full participation in all school programs and school activities for which they are eligible. • Rapid record transfer within 2 business days after foster student moves to include educational information, transcripts, and credits earned. • Grades. The right to not have his/her grades lowered if the student was absent from school due to court-ordered activities or decisions involving the student’s placement . FOSTER

9. Related Definitions • Person holding the right to make educational decisions means a responsible adult appointed by a court pursuant to Welfare and Institutions Code 361or 727 (This is the biological parent unless the court terminates that parent’s rights). • School of origin means the school that the foster or homeless student attended when permanently housed or the school in which the student was last enrolled (Education Code Section 48853.5; Title 42, United States Code, Section 11432). • School of Residencemeans the school in which a student is deemed to have complied with the residency requirements for school attendance(Education Code Section 48204). • Best interest means a placement that ensures that the youth is placed in the least restrictive educational programs and has access to academic resources, services, and extracurricular and enrichment activities that are available to district students (Education Code Section 48853). • County placing agency means the county social services department or county probation department (Education Code Section 48859). FOSTER & HOMELESS

10. Authority of Foster Parent, Foster Family Agencies, and County Placing Agency • Decision Making. A foster parent does not have education rights unless the natural parent’s authority to make educational decisions on the child’s behalf has been specifically limited by court order pursuant to law (e.g., valid court order terminating the parents rights) (See BP 606.10 for Special Education application) • Records. Foster family agencies with jurisdiction over currently enrolled or former students may access those students' records of grades and transcripts, and any Individualized Education Program developed and maintained by the district with respect to such students (Education Code Section 49069.3) • Records. Any county placing agency, for the purpose of fulfilling educational case management responsibilities required by the juvenile court or by law pursuant to Welfare and Institutions Code 16010 and for the purpose of assisting with the school transfer or enrollment of a student may access those particular pupil records relevant to the legitimate educational interests of the requester (Education Code Section 49076) (See PUPIL RECORDS, BP 605.7) FOSTER

11. Why is it so Important to Know Who Has Educational Rights and Their Contact Information? Example School Business • Who receives all the legally required notices? • Who authorizes field trips (waiver of liability)? • Who consents to the administration of medication? • Who receives report cards? Test scores? • Who participates in parental involvement activities, such as School Intervention Teams? • If there is a discipline problem who gets the notice of detention, suspension, etc.? FOSTER

12. Procedures to Identify or Locate • Standardized Forms (Protocols for Foster Youth - Handout) • Complete School (Foster student status/tracking and educational rights) • Enrollment review (Name of foster parent compared to name of enrolled student, need a foster youth form?) Note: As soon as the county placing agency becomes aware of the need to transfer a pupil in foster care out of his or her current school, the county placing agency shall contact the appropriate person at the local educational agency of the pupil (Education Code Section 49069.5 Subsection “c”) FOSTER

13. School Placement Decision • Transfer and Authority for Transfer.When certain conditions are met, the foster student has the right to transfer to a school other than the school of origin but the law assigns this decision as a duty ofthe school district liaison, with the required involvement of parent/guardian, or other person holding educational rights and foster youth to determine whether the best interests of the youth would be served by this transfer. FOSTER

14. May a Foster Student Enroll in any District School Selected by the Foster Parent or DHS Worker? No, but . . . the liaison, in consultation with and the agreement of the foster child and the person holding the right to make educational decisions for the foster child may, in accordance with the foster child's best interests, recommend that the foster child's right to attend the school of origin be waived and the foster child be enrolled in any public school that pupils living in the attendance area in which the foster child resides are eligible to attend (Education Code Section 48853.5 [d][2]). FOSTER

15. Record Access for County Placing Agency and Foster Family Agency • Foster family agencies with jurisdiction over currently enrolled or former students may access those students' records of grades and transcripts, and any Individualized Education Program developed and maintained by the district with respect to such students (Education Code Section 49069.3). • Any county placing agency, for the purpose of fulfilling educational case management responsibilities required by the juvenile court or by law pursuant to Welfare and Institutions Code 16010 and for the purpose of assisting with the school transfer or enrollment of a student may access those particular pupil records relevant to the legitimate educational interests of the requester (Education Code Section 49076). (See PUPIL RECORDS, BP 605.7) FOSTER

16. Immediate Enrollment • Schools must immediately enroll a foster student even when the person enrolling the student is unable to provide records normally required for enrollment such as: Medical records Birth Certificates Required dress items Proof of guardianship School records or other documents FOSTER & HOMELESS?

17. What if the Foster Student Stays in the Same School? When a student becomes a foster student and continues attending the school s/he was previously attending, there is (obviously) no need to transfer records or to be concerned with “immediate enrollment” and there may be no concern attendance will continue. However, schools still need to identify the student as foster for other changes such as the student automatically qualifies for free/reduced lunch, the staff needs notice of the foster student’s rights (e.g., grades can’t be lowered), and possible changes to the person with education rights. FOSTER

18. Record Update and Transfer Requirements • Within 2 business days after a foster student moves, the foster student’s previous school must transfer the student out (update the pupil’s record) 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 Section 504 plans (Education Code 49069.5). FOSTER

19. Protection for Grades, Credits, and Graduations • Grades cannot be lowered due to: • Absences caused by change in placement • Attendance at court hearing; or • Court ordered activity FOSTER

20. How Long Do the Rights Apply? • Stay in School of Origin. A foster student has a legal right to remain in his/her school of origin for the duration of the jurisdiction of the court.  As long as the student is in a foster placement, they may remain in their school of origin regardless of where they may move (even if it is out-of-district).  FOSTER

21. Is a Foster Student Protected Under Laws for Students Experiencing Homelessness? • The requirements of the federal McKinney-Vento Homeless Assistance Act (42 USC 11431-11435) apply to foster youth at specific times (i.e., when they are living in emergency or transitional shelters and when they are awaiting foster care placement). FOSTER & HOMELESS

22. Transportation • Foster and Qualified as Homeless. The school district may be specifically responsible for transportation if the child is considered homeless under federal laws known as “McKinney-Vento” or if he/she qualifies for special education. McKinney-Vento requires that school districts provide transportation to a homeless student’s school of origin (42 U.S.C. § 11432 (g)(4)). Thus, in some cases, both foster student laws and McKinney-Vento will apply. • Foster, but not Homeless. The statutes do not directly state who is responsible for providing transportation to a foster child’s school of origin. Rather, the law says that meeting the needs of the child is a collective effort. Education Code § 48850(a) states, “In fulfilling their responsibilities to these pupils, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements…” Further, Education Code § 48853.5(d)(6) states, “the local educational agency and the county placing agency are encouraged to collaborate to ensure maximum utilization of available federal moneys, explore public-private partnerships, and access any other funding source to promote the well-being of foster children through educational stability.” FOSTER & HOMELESS

23. Dispute Resolution • 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 (Education Code 48853.5). • If a parent/guardian or foster youth disagrees with the liaison’s enrollment decision, he/she may appeal the decision to the Superintendent or designee. FOSTER

24. Who Qualifies as a Homeless Student? HOMELESS

25. Barriers to School Attendance of Homeless Children • Enrollment requirements by schools • School uniform or supply requirements • Transportation to and from school • High mobility rate • Inappropriate classroom placement • Poor health and/or nutrition • Poor hygiene Note: Law has been written to help remove or reduce these obstacles. HOMELESS

26. Why is Law Needed to Protect Homeless? • Homeless children and youth face unique challenges • Minimizing the barriers to academic achievement is done with hopes of breaking the cycle of poverty in their families • Residential Mobility Nearly 100% of homeless families move at least once annually; one in five move three or more times annually • School Mobility Frequent school changes have been correlated with lower academic achievement (Popp, 2004) • Enrollment Delays Students have experienced delays in school attendance from enrollment requirements (e.g., proof of residency, immunizations) • Poor Health and Nutrition Students are often forced to skip meals or have meals of limited nutrition, which may result in school absence HOMELESS

27. When is a Student/Family Covered under McKinney-Vento? Preschool and school age children and youth are guaranteed education-related rights by the federal and state law if they: • Share housing of other persons due to loss of housing, economic hardship or a similar reason. • Live in a motel, hotel, trailer park, or camping ground due to lack of alternative adequate housing. • Live in an emergency or transitional shelter (family, domestic violence, youth shelter, or transitional living program). • Are abandoned in a hospital. • Are awaiting foster care placement. • Have a primary nighttime residence that is a public or private place not designed or ordinarily used for sleeping. • Live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings. • Are migratory children living in a condition(s) described above. Title 42, United States Code, Section 11435; Board Policy 400.52, Education for Homeless Children HOMELESS

28. Are Families Who Move In With Relatives Or Friends Covered By The Act? In many circumstances, yes. Children and youth who are sharing the housing of others due to loss of housing, economic hardship, or a similar reason are covered by the McKinney-Vento Act (Title 42 U.S.C. §11434A(2)(B)(i)). Families who share adequate housing due to cultural preferences or convenience would not be covered by the Act. Also, families who are sharing housing on a permanent basis are unlikely to be covered by the Act. Author. (2004). National Association for the Education of Homeless Children and Youth and the National Law Center on Homelessness & Poverty, 2004. HOMELESS

29. How Long Do the Rights Apply? The right to attend the school of origin continues: • for the duration of the homelessness AND • until the end of any academic year in which the student moves into permanent housing (Title 42, United States Code, Section 11432). HOMELESS

30. Students and families can be referred to the District Liaison for Homeless for possible identification and services by: • School Clerks • Counselors • Teachers • Custodians • Campus Supervisors • Principals, VP, & Dean • Parent/student • Community Members • Local agency personnel • Others HOMELESS

31. Procedures to Identify or Locate • Awareness of rights, services, and programs • Notices (e.g., brochure) to include dissemination at places homeless children may be receiving services; • Staff training; and • Coordination with other entities and agencies. • Student Residency Questionnaire (PS-29) • McKinney-Vento Homeless Referral Form (PS-28) • Contacting Bakersfield City School District Staff assigned to the program HOMELESS

32. Requirements Under McKinney-Vento Law • Immediate enrollment in school without a permanent address, proof of residency, immunization records, school records, or other normally required enrollment documents. • Continue to attend the school in which they were last enrolled or the school enrolled when permanently housed (school of origin), or attend the school nearest their current residence. • Fully participate in all school programs and school activities for which they are eligible. • Upon parent request, receive transportation to and from school. • Automatically qualify for free and reduced price lunches and any other district food programs (no application required or income documentation). HOMELESS

33. School Placement Decision To the extent feasible, a Homeless Student is placed in his/her school of origin, unless his/her parent/guardian requests otherwise (Title 42, United States Code, Section 11432). When making a school placement decision, the Liaison may consider: • Age of the student; • Distance of the commute; • Impact placement may have on the student’s education; • Personal safety issues; • Student’s need for special instruction; • Length of anticipated stay in the temporary shelter or other temporary location; • Likely area of future housing; • School placement of siblings; and • Time remaining in the school year. Note: Placement at school other than school of origin or placement at school requested by parent requires a written explanation by District Liaison: Homeless/Foster Children Services and a notice the parent has the right to appeal this decision. HOMELESS

34. May a Homeless Student Enroll in any District School Selected by the Parent? A school district is not required to enroll a student experiencing homelessness in the school requested by the student’s parent unless it is the school of origin or school of residence. The school (i.e., District Liaison: Homeless/Foster Children Services) may consider the parent’s request and may determine it is in the child’s best interest to be enrolled in a school the parent “selected.” HOMELESS

35. Immediate Enrollment • Schools must immediately enroll any student experiencing homelessness even when the parent/guardian is unable to provide records normally required for enrollment such as: Medical records Birth Certificates Required dress items Proof of guardianship School records or other documents HOMELESS

36. Immediate Enrollment (Continued) • Rapid Record Transfer. The principal/designee shall immediately contact the school last attended by the student to obtain records. • No Immunizations? If the student needs to obtain immunizations or does not possess immunization or other medical records, refer the parent/guardian to the District Liaison: Homeless/Foster Children Services for help in obtaining the necessary immunizations or immunization records for the student. (Title 42, United States Code, Section 11432, and AR 400.52, Education for Homeless Children) HOMELESS

37. Residency for Homeless Children Homeless students living in the district shall be admitted to district schools upon presentation of any of the following: • Hotel or motel receipts. • A letter from a social service agency or homeless shelter verifying that the student lives within the district. • An affidavit from the parent/guardian stating that the family lives within the district. A reasonable effort shall be made (by staff) to secure an address, phone number and medical information from the parent/guardian when a student is placed in a classroom. Board Policy 602.15, Residency for Homeless Children HOMELESS

38. Immediate School Enrollment and Disputes If a dispute arises over school selection or enrollment in a particular school, the student shall be immediately admittedto the school in which enrollment is sought, pending resolution of the dispute(Title 42, United States Code, Section 11432). HOMELESS

39. Overview of Disputes • Parent has a right to appeal the school placement decision • Parent may file a complaint alleging failure of the District to comply with state and/or federal laws • Disputes require a referral to the District Liaison: Homeless/Foster Children Services Sequence of appeals (Liaison, District/Uniform Complaint Procedures, Office of Kern County Superintendent of Schools, and the California Department of Education) HOMELESS

40. Transportation • The district shall provide transportation for homeless students to and from a district school of origin when the student is residing within the district and the parent/guardian requests that such transportation be provided. • A homeless student attending his/her school of residence is provided transportation services comparable to the services offered to other students. • If the student moves outside of district boundaries but continues to attend this district’s school of origin, the Superintendent or designee shall consult with the Superintendent of the district in which the student is now residing to agree upon a method to apportion the responsibility and costs of the transportation (Title 42, United States Code, Section 11432). HOMELESS

41. Bakersfield Homeless Center • The mission of the Bakersfield Homeless Center (“BHC”) is to provide support and resources to families and individuals in crisis while helping them achieve their highest level of self-sufficiency. • BHC provides year-round emergency shelter, food, clothing and supportive services.  • BHC Emergency Services: Food; Shelter; Clothing; Mail Service; Hygiene Kits; Laundry; Restrooms and Showers; Phone Messages. • BHC Social Services: Food & Shelter; New View Family Program; Client Services; Health Care; Counseling; Case Management; Child Care (Licensed childcare center and on-site childcare offering activities for pre-school and school-aged children while parents are involved in on-site activities); Homeless Court; Job Skills Program; Job Development and Placement Program; Housing Assistance Program; Homeless Prevention Services;  Aftercare Program. Website: http://www.bakhc.com/ Located at 1600 E. Truxtun Avenue Bakersfield Ca 93305; Telephone: 322-9199 HOMELESS

42. McKinney-Vento StaffDepartment of Student Services Suzanne Guest, District Liaison (661) 631-4910 or 13022 within BCSD (661) 319-9185 Mobil Phone Deyanira Haro, Community Relations Liaison (661) 631-4910 or 13021 within BCSD Julie Torres, Community Relations Liaison (661) 631-4910 or 13023 within BCSD Linda Watson, Clerk (661) 631-4910 or 13020 within BCSD FOSTER & HOMELESS

43. Summary + Q & A • Schools May Not Know Which Students are Foster Students. Using data from published Kern County foster child placement rates, school districts have identified only a small portion of their enrolled foster students. In 2006-07 the District identified 16 foster students with a minimum projected population of 300 students. • Multiple Methods Are Neededto identify foster students and the (parent or other) person with education rights in a timely fashion • Foster students need to be tracked electronically • Awareness and training of staff is needed (brochures, posters) • Standardized protocols for enrollment, identification, and tracking are needed • DHS workers and foster parents should not be changing a foster student’s school of origin without the District Liaison and person with educational rights FOSTER & HOMELESS

44. Summary + Q & A (cont.) • Rationale for law, policy, and procedure concerning homeless • Defining the person(s) provided rights under the homeless laws and the length of that protection • District procedures to identify and locate homeless • Legal requirements to include key concepts • School enrollment and attendance • Dispute resolution • Transportation • Community resources and contact information • District resources and contact information FOSTER & HOMELESS