From the ECS State Policy Database Special Populations--Foster Care

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child who may be suspended or expelled of (1) pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, (2) pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, (3) if the foster child is an individual with exceptional needs, pending manifestation determinations. Authorizes the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child. Requires a superintendent or his/her designee, before determining whether a suspended foster child's presence at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process, to invite the pupil's attorney and the appropriate representative of the county child welfare agency to a meeting with the pupil's parent or guardian (a meeting required of all students before granting an extension of a student's suspension). If an LEA has proposed a foster child with exceptional needs's change of placement due to an act for which a decision to recommend expulsion is at the principal or superintendent's discretion, requires the child's attorney and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. Authorizes that invitation to be made using the most cost-effective method possible. Requires a district governing board, if a decision to recommend expulsion of a foster child is a discretionary act, to provide notice of the hearing prior to the expulsion to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes a district governing board, if a recommendation of expulsion of a foster child is required, to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes these notices to be made using the most cost-effective method possible. Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. This bill, at least once every year and if the list of educational liaisons is available on the state department of education website, (A) requires counsel appointed for a child who has been taken into custody and who is not represented by counsel, to provide his/her contact information to the educational liaison of each LEA serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorizes the firm or organization to provide its contact information in lieu of contact information for the individual counsel. Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's LEA. Authorizes a foster child's health and education records summary (which is required to be included in every foster child's case plan) to include the name and contact information for the educational liaison at the child's LEA. Incorporates additional changes in Section 48853.5 of the Education Code, proposed by SB 1568 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf_, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Also incorporates changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120911_enrolled.pdf), to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf Title: A.B. 1909 Source: www.leginfo.ca.gov CA Signed into law 09/2012 P-12 From bill summary: Requires that, if a foster child's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes the determination that it is in the best interests of the pupil to be placed in an educational program other than that operated by the local educational agency or the child's school of origin (unless child's IEP requires placement elsewhere), he/she must provide a written statement to that effect to the local educational agency. Authorizes a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the foster child with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment. Specifies that a foster child with exceptional needs cannot be referred to, or placed in, a nonpublic, nonsectarian school unless the child's individualized education program specifies that the placement is appropriate. Specifies that the meeting that is required to take place to develop an individualized education program must be conducted pursuant to specified provisions. Prohibits a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. Prohibits a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0101-0150/sb_121_bill_20120926_chaptered.pdf Title: S.B. 121 Source: www.leginfo.ca.gov CA Signed into law 09/2012 P-12 From bill summary: Requires a local educational agency to allow a former foster child to continue his/her education in the school of origin through graduation if the jurisdiction of the court is terminated while the foster child is in high school. Provides that a district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his/her school of origin, unless the individualized education program team determines that transportation is a necessary related service. Incorporates additional changes in Section 48853.5 of the Education Code, proposed by AB 1909 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf), to be operative only if AB 1909 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf Title: S.B. 1568 Source: www.leginfo.ca.gov CA Signed into law 07/2012 P-12 Provides a pupil who is a foster child who remains in his/her school of origin has met the residency requirements for school attendance (pre-existing requirements provided a student who is a foster child meets residency requirements if the student attends a school in the district in which his/her foster home is located). http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1551-1600/ab_1573_bill_20120713_chaptered.pdf Title: A.B. 1573 Source: www.leginfo.ca.gov MO Signed into law 06/2012 P-12 Requires the Department of Elementary and Secondary Education to ensure that specified criteria are implemented in every district regarding the enrollment and educational success of foster care children. If a foster care student transfers before or during the school year, the receiving school must initially honor placement of the student in educational courses and programs based on the student's previous enrollment or educational assessments from the sending school, provide comparable services to a foster care student with disabilities based on his or her current Individualized Education Program, and make reasonable accommodations and modifications to address the needs of incoming foster care students with disabilities, subject to an existing 504 or Title II Plan, to provide equal access to education. The receiving district may conduct subsequent evaluations to ensure appropriate placements. Schools may waive the prerequisites or other preconditions for placement in a course or program and must waive specific courses required for graduation if similar course work has been satisfactorily completed at another school or provide reasonable justification for the denial. If a waiver is not granted, the receiving school must provide an alternative means of acquiring the required course work so that graduation may occur on time. If a foster care student who transfers at the beginning of or during his or her senior year is ineligible to graduate from the receiving school after all alternatives specified in the bill have been considered, the sending and receiving schools must ensure the student receives a diploma from the sending school if the student meets the graduation requirements of the sending school. http://www.house.mo.gov/billtracking/bills121/biltxt/truly/HB1577T.htm Title: H.B. 1577 Source: www.house.mo.gov CT Signed into law 06/2012 P-12 Requires that a permanency plan of a child in the care and custody of the Commissioner of Children and Families include information regarding what steps the department has taken to make any necessary referrals for children under five years of age to early intervention, preschool, or special education services, steps taken to enable a child sixteen years of age or older to learn independent living skills and complete a secondary education or vocation program, and steps taken to develop a personalized transition plan that includes education for children between the ages of sixteen and eighteen. http://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00053-R00SB-00293-PA.pdf Title: S.B. 293 Source: ga.ct.gov LA Signed into law 05/2012 P-12 Amends current law to allow a child who is in foster care to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the highest grade offered at the school if the Department of 16 Children and Family Services determines that remaining in such that school is in the best interest of the child. http://www.legis.state.la.us/billdata/streamdocument.asp?did=802799 Title: H.B. 269 Source: http://www.legis.state.la.us WA Signed into law 03/2012 P-12 Establishes the educational success for youth and alumni of foster care act. Includes in the purpose of the passport to college promise program to improve high school graduation outcomes for foster youth. Adds or replaces requirements for the department of social and health services, higher education institutions, school districts, and other partners relating to outcomes for foster youth. Revises foster youth enrollment requirements in the college bound scholarship program. Changes the expiration of the passport to college promise program from June 30, 2013, to June 30, 2022. http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202012/2254-S.SL.pdf Title: H.B. 2254 Source: apps.leg.wa.gov CA Signed into law 10/2011 P-12 From bill summary: Specifies that the new school is required to immediately enroll a foster child even if he or she is unable to produce medical records, including, but not limited to, records or other proof of immunization history. Makes a conforming change by requiring the governing authority to admit a foster child whose immunization records are not available or are missing and prohibiting this change from altering specified obligations of the governing authority. States the legislature's intent to reconcile the provisions of the Health and Safety Code with those of the Education Code. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0701-0750/ab_709_bill_20111004_chaptered.pdf Title: A.B. 709 Source: www.leginfo.ca.gov CA Signed into law 10/2011 P-12 From bill summary: Requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and to award that pupil full or partial credit for the coursework completed. Prohibits a pupil in foster care from being required to retake a course if the pupil satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, prohibits the district or county office of education from requiring the pupil to retake the portion of the course the pupil completed unless the district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. Prohibits a pupil in foster care from being prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0551-0600/sb_578_bill_20111004_chaptered.pdf Title: S.B. 578 Source: www.leginfo.ca.gov TX Signed into law 06/2011 P-12 Directs each district to appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school of a child who is in the conservatorship of the state. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00826F.pdf#navpanes=0 Title: H.B. 826 Source: www.capitol.state.tx.us VT Signed into law 05/2011 P-12 Postsec. Requires schools and local districts coordinate educational services to children and adolescents with a severe emotional disturbance with the department of mental health, the department for children and families, the department of disabilities, aging, and independent living, and the department of education. Makes other provisions for children and adolescents with severe emotional disturbance. Amends the membership on the advisory council on special education. All members of the council shall serve for a term of three years (beginning April 1 of year of appointment) or until their successors are appointed. A majority of the members shall be either individuals with disabilities or parents of children with disabilities. Makes a child or young adult under the custody of the commissioner of children and families and who is accepted to a Vermont college eligible for a grant. http://www.leg.state.vt.us/docs/2012/Acts/ACT058.pdf Title: S.B. 100 - Disabilities Sections Source: http://www.leg.state.vt.us GA Signed into law 05/2011 P-12 Provides that a foster care student who attends court proceedings relating to the student's foster care must not be counted as an absence, excused or unexcused, for the day or any portion of the day missed from school. http://www.legis.ga.gov/Legislation/20112012/116565.pdf Title: H.B. 314 Source: www.legis.ga.gov AZ Signed into law 04/2011 P-12 Designates the definition of home school district for students who are wards of the state and enrolled in accommodation school at a juvenile detention center. http://www.azleg.gov/legtest/50leg/1r/bills/sb1256s.pdf Title: S.B. 1256--Special Populations Source: http://www.azleg.gov MS Signed into law 03/2011 P-12 Provides criteria for districts to make a determination on an individualized basis before placing compulsory-school-age children returning from out-of-home placement in the mental health, juvenile justice or foster care system into an alternative school.out-of-home placement in the mental health, juvenile justice or foster care system. http://billstatus.ls.state.ms.us/documents/2011/pdf/HB/1100-1199/HB1178SG.pdf Title: H.B. 1178 Source: http://billstatus.ls.state.ms.us/ CA Signed into law 09/2010 P-12 From bill analysis: Makes findings and declarations about the importance of a child's education; the negative effects on foster children of their transfers from school to school; the value of delaying a transfer until the end of a term, semester, or academic year; and the absence in California law of provisions encouraging such a delay when a foster child transfers from one school to another. Provides that the best interests of a foster child must include educational stability and the opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress. Provides that the child's health and education summary must also include the number of school transfers the child has experienced and the child's educational progress, as demonstrated by factors including, but not limited to, academic proficiency scores and credits earned toward graduation. Adds to a foster child's bill or rights the right to attend school with minimal disruptions to attendance and educational settings caused by transfers. Provides that the decision of which foster care setting to choose for a child must include selecting a setting that is available in close proximity to the parent's home and the child's school. Encourages the California Department of Education and the department of social services to develop other indicators of educational stability to complement the current indicators of proximity of the home to the school or origin, school attendance area, the number of transfers the child has previously experienced and accommodation of the child's matriculation schedule. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1351-1400/sb_1353_bill_20100812_enrolled.pdf Title: S.B. 1353 Source: www.leginfo.ca.gov CA Signed into law 09/2010 P-12 From bill analysis: Requires an LEA, at the initial detention or any subsequent change in a foster child's placement, to allow that child to remain in his/her school of origin for the duration of the court's jurisdiction. Provides that an LEA must allow a child in foster care who remains in his/her school of origin, following initial detention or following a change in placement, to attend the secondary schools designated for matriculation in accordance with the established feeder patterns of the school district when that child is transitioning between school grade levels. Stipulates that if jurisdiction of the court has terminated prior to the end of an academic school year, that a child must be allowed to remain in his/her school of origin for the duration of the academic school year. Specifies that these provisions must not be construed to require a school district to provide transportation services to allow a child to attend a school or school district, unless required by federal law. Further specifies that this language should not be construed to prohibit a district from, at its discretion, providing transportation services. Expresses legislative intent that the provisions of this bill must not supersede or exceed other laws governing special education services for eligible foster children. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1901-1950/ab_1933_bill_20100930_chaptered.pdf Title: A.B. 1933 Source: www.leginfo.ca.gov CA Vetoed 09/2010 P-12 From bill analysis: Clarifies which local educational agency is responsible for the provision and payment of special education services for pupils with disabilities in the foster care system that have been detained in a juvenile hall and who are subsequently placed in a residential treatment facility. Provides that a school district into which a pupil is placed in a regularly licensed children's institution, a licensed foster home, or a family home pursuant to a placement under a designated statute is the district of residence. Also specifies that this school district of residence is responsible for providing the pupil with a free appropriate public education (FAPE). Provides that the county board of education is responsible for providing special needs pupils detained in juvenile halls with a free appropriate public education. However, if the expanded individualized education program team determines that placement is appropriate, requires the provider of educational services to determine the school district responsible for paying and providing for education placement, pursuant to criteria specified by the bill. Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1051-1100/sb_1059_bill_20100823_enrolled.pdf Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65dx754ubhqyl/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1286394506.209c38dd7056afc055dbbd8c2df9ecb8 Title: S.B. 1059 Source: www.leginfo.ca.gov RI Signed into law 06/2010 P-12 Creates the Task Force on the Education of Children and Youth in the Care of the Department of Children, Youth, and Families. Directs the task force to make recommendations for:      (1) Identifying challenges to ensuring the educational stability and success of children and youth involved with DCYF from pre-K through college undergraduates, including, but not limited to:      (i) Determining when a child's and/or youth's educational placement is not in his/her best interest      (ii) Ensuring that transportation issues are addressed to assist in maintaining educational stability      (iii) Immediate transfer of student records and collaboration between schools on the provision of student information when a student needs to move schools      (iv) Ensuring the portability of student credits and graduation requirement expectations when a student's educational placement changes      (v) Identifying issues related to school residency and/or educational funding issues related to youth involved with DCYF; and      (vi) Issues related to ensuring the stability of educational placements unless they are not in the best interest of the child; and ensuring that schools and school districts collaborate in sending and obtaining the information and records necessary when a child/youth moves schools. Directs the task force to report its findings and recommendations to the general assembly by March 22, 2011. Provides the commission expires on May 31, 2011. http://www.rilin.state.ri.us/PublicLaws/law10/res10/res10363.htm Title: H.R. 8109, S.R. 2872 Source: www.rilin.state.ri.us CT Signed into law 06/2010 P-12 Creates a presumption that it is in the best interest of a child that the department of children and families (DCF) places in out-of-home care under an emergency, temporary custody, or commitment order, to continue to attend the school he or she attended before the placement. The act applies to: (1) School-age children, (2) Three- to five-year olds determined eligible for special education, and (3) Children between 27 months and six years old referred for special education determination. Provides mechanisms for parents to challenge DCF decisions. Makes DCF responsible for some costs of transporting a child from a placement to school and makes a school ineligible to receive state special education excess cost grants for a child placed in another community who continues to attend his or her original school. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00160-R00SB-00031-PA.htm Title: SB 31 Source: http://www.cga.ct.gov SC Signed into law 06/2010 P-12 Establishes the Education Bill of Rights for Children in Foster Care; requires school districts to have in place procedures to ensure seamless transitions between schools and school districts for children upon notice that a child is in foster care; requires school districts to consider maintaining a child in foster care in the same school if it is in the child's best interest; prohibits a school district from placing additional enrollment requirements on a child based solely on the fact that the child is in foster care. http://www.scstatehouse.gov/sess118_2009-2010/bills/1134.htm Title: S.B. 1134 Source: http://www.scstatehouse.gov WV Signed into law 03/2010 P-12 Creates a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law; states that the children in crisis program shall include early intervention, plans to meet each child's emotional needs, medical evaluations, independent advocates and foster family training and education. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4164%20SUB%20ENR.htm&yr=2010&sesstype=RS&i=4164 Title: H.B. 4164 Source: http://www.legis.state.wv.us ME Signed into law 03/2010 P-12 Provides that a student who is placed by the state department of health and human services with an adult who is not the parent or legal guardian is considered a resident of either the school administrative unit where the student resides or the school administrative unit where the student resided prior to the placement. http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC508.asp Title: S.B. 588 - Sec. 1 Source: http://www.mainelegislature.org MI Signed into law 12/2009 P-12 Modifies residency status for certain pupils placed in foster care; provides that if a child who is under court jurisdiction is placed in foster care, a school district shall allow the child to enroll in and attend the appropriate grade in the school selected by the Department of Human Services or a child placing agency without regard to whether or not the child is residing in that school district; provides for school records transfer. http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2009-PA-0186.pdf Title: H.B. 5298 Source: http://www.legislature.mi.gov/ MI Signed into law 12/2009 P-12 Revises definition of membership for certain pupils placed in foster care by providing that a pupil enrolled in a district other than the pupil's district of residence shall be counted in the educating district. http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2009-PA-0187.pdf Title: H.B. 5299 Source: http://www.legislature.mi.gov/ CA Vetoed 10/2009 P-12 States findings and declarations regarding children of youth who are in custody, or on probation or in the foster care system. Requires priority for participation in state preschool programs to be given to children who have a biological custodial parent who is, or who has recently been a dependent or ward of the juvenile court pursuant to specified provisions of law. Prohibits priority enrollment from being used to displace children who are currently receiving care. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0751-0800/ab_769_bill_20090908_enrolled.pdf Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0751-0800/ab_769_vt_20091012.html Title: A.B. 769 Source: www.leginfo.ca.gov CA Signed into law 10/2009 P-12 Requires a school district to exempt a pupil in foster care from all coursework and other requirements adopted by the district's governing board in addition to the statewide coursework if the pupil, while he/she is in grade 11 or 12, transfers to the district from another school district or between high schools within the district, unless the district finds that the pupil is reasonably able to complete the additional requirements in time to graduate from high school while he or she remains eligible for foster care benefits pursuant to state law. Requires the district to notify the pupil in foster care of the exemption and to let the pupil know if the waived requirements will affect the pupil's ability to gain admission to a postsecondary institution. Requires a district to provide information about transfer opportunities available through the California Community Colleges. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0151-0200/ab_167_bill_20091011_chaptered.pdf Title: A.B. 167 Source: www.leginfo.ca.gov CA Signed into law 08/2009 P-12 Requires that a foster child who changes residences pursuant to a court order or decision of a child welfare worker be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_81_bill_20090806_chaptered.pdf Title: A.B. 81 Source: Lexis-Nexis/StateNet OH Signed into law 07/2009 P-12 From DOE summary of H.B. 1: Requires school districts that owe tuition for a regular education student housed in a residential facility to pay an amount determined by a formula approved by ODE, if the student (1) resides in a facility that is not a foster home or a facility maintained by the DYS and (2) receives educational services at the facility from a school district under contract with the facility to provide those services. Requires that the formula be designed to calculate a per diem cost for the educational services provided to the child and to reflect the actual costs incurred in providing the services. Pages 1183-1194 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf DOE summary document: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Title: H.B. 1 - Section 3313.64 Source: www.legislature.state.oh.us OH Signed into law 07/2009 P-12 From DOE summary of H.B. 1: Modifies existing procedural guidelines established for the department of education to protect the rights of a child whenever the parents of a child are not known or cannot be found, or a child is a ward of the state, specifying that the surrogate parent be assigned by the school district or other educational agency responsible for educating the child or by the court with jurisdiction over the child's custody. Pages 1407-1411 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf DOE summary of H.B. 1: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Title: H.B. 1 - Section 3323.05 Source: www.legislature.state.oh.us LA Signed into law 07/2009 P-12 Requires public school governing authorities to ensure that children in foster care are allowed to remain enrolled in the same public schools in which they were enrolled when entering foster care; provides that if the placement is outside the jurisdictional boundaries of the public school in which the child is enrolled, the governing authority of such school shall be responsible for providing free transportation for the child; enacts the Interstate Compact on Educational Opportunity for Military Children. http://www.legis.state.la.us/billdata/streamdocument.asp?did=667640 Title: H.B. 590 Source: http://www.legis.state.la.us/ MO Signed into law 07/2009 P-12 Establishes "Foster Care Education Bill of Rights." Each district must designate a staff person to be an educational liaison for foster care children. Liaison would assist with proper educational placements, transferring between schools, ensuring transfer of grades and credits, requesting school records, and submitting school records that have been requested. A child placing agency will promote educational stability for foster care children when making placements. Each school district must accept for credit any full or partial course work satisfactorily completed by a pupil while attending certain schools. A pupil who completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court will receive a diploma. Students who are absence from school for placement changes or court-ordered activity will have grades and credits calculated as of the date the pupil left school. Such absence will not result in a lowering of the pupil's grades. Subject to federal law, school districts are authorized to permit access of pupil school records to a child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with school transfer or placement of a pupil. Each child who is in foster care or is placed in a licensed residential care facility is entitled to a full school day of education unless the school district determines that fewer hours are warranted. A full school day is defined as six hours under the guidance and direction of teachers in the education process for children in foster care or for children placed for treatment in a licensed residential care facility by the Department of Social Services. For children placed for treatment in a licensed residential care facility by the Department of Social Services, the Commissioner of Education, or his or her designee, will be an ombudsman to assist the family support team and the school district. http://www.senate.mo.gov/09info/pdf-bill/tat/SB291.pdf Title: S.B. 291--Foster Care Education Bill of Rights Source: http://www.senate.mo.gov AZ Signed into law 06/2009 P-12 Creates a separate fingerprint clearance card for foster and prospective foster and adoptive parents in accordance with the Adam Walsh Child Protection and Safety Act and for people required by the Department of Economic Security to have such cards; requires school districts and charter schools to refuse to hire noncertificated personnel convicted of or who admit to certain offenses including sexual or non-sexual child abuse, murder, kidnapping, assault, certain drug offenses, and burglary. Chapter 8 http://www.azleg.gov/legtext/49leg/1r/bills/sb1049c.pdf Title: S.B. 1049 Source: http://www.azleg.gov TX Signed into law 06/2009 P-12 Postsec. Directs the state education agency to assist the transition of foster care students from one school to another by specified means, including ensuring expedient transfer of student records; developing transition programs to assist a foster care student in his/her first two weeks in a new school; developing course transfer provisions; facilitating access to extracurricular programs, summer programs, credit transfer services, electronic courses and after-school tutoring programs at low to no cost; encouraging districts to provide services to foster care students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and requiring districts and schools to accept a referral for special education services made for a foster care student by the student's previous school. Adds foster care students to the subgroups of students eligible for full-time enrollment in the state virtual school. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB02248F.pdf Title: S.B. 2248 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Directs the state education agency and the department of family and protective services to enter into a memorandum of understanding (MOU) regarding the exchange of information to facilitate the department's evaluation of educational outcomes of students in foster care. Provides the MOU must annually require the department to provide the agency with demographic information on students who were in the conservatorship of the department the previous school year. Provides the MOU must also require the state education agency, in a manner consistent with federal law, to provide the department with aggregate information on educational outcomes of students for whom the agency received demographic information. Provides that information on "educational outcomes" includes information on student academic achievement, graduation rates, school attendance, disciplinary actions and receipt of special education services. Authorizes education research centers to receive demographic information on individual students to allow for additional analysis on educational outcomes of students in foster care. Clarifies that nothing in these provisions authorizes a release of information not permitted by FERPA, nor requires the agency or department to collect or maintain additional information on students in foster care. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB00939F.pdf Title: S.B. 939 Source: www.legis.state.tx.us FL Signed into law 05/2009 P-12 Relates to education and children in shelter care or foster care; includes exceptional students; provides for a surrogate parent for educational decisionmaking for a child with a disability; requires access to a child's medical records and educational records if a child is placed in a shelter; requires panels in judicial reviews to consider testimony by a surrogate parent; exempts school-entry health examinations; requires notification of entry into a private residential care facility; requires the Department of Education and district school boards to access the Florida Safe Families Network to obtain information about children known to the Department of Children and Family Services; provides requirements for educational placement. http://laws.flrules.org/files/Ch_2009-035.pdf Title: S.B. 1128 Source: http://laws.flrules.org IN Signed into law 05/2009 P-12 Creates the board for the coordination of programs serving vulnerable individuals to coordinate the delivery of services to vulnerable individuals in need of services; requires the Superintendent of the Department of Education or designee to serve on the board. Board is to meet every two months and provide quarterly reports to the governor and the general assembly. Public Law 173 http://www.in.gov/legislative/bills/2009/PDF/HE/HE1289.1.pdf Title: H.B. 1289 - Section 1 Source: http://www.state.in.us/legislative IN Signed into law 05/2009 P-12 Postsec. Relates to educational assistance for foster care youth; requires the state student scholarship commission to annually report to the legislative council concerning data on the individuals who received certain assistance; establishes eligibility requirements for the twenty-first century scholars program for foster care youth; requires a caseworker of a foster child to provide information to the child concerning specified scholarship programs. Requires state agencies to jointly study whether there is a need for a foster care educational assistance program and to submit a report containing recommendations to the legislative council by October 1, 2009 concerning whether legislation is needed to establish a program and the best agency to administer the program. Public Law 100 http://www.state.in.us/legislative Title: H.B. 1681 Source: http://www.state.in.us UT Signed into law 03/2009 P-12 Amends education requirements related to enrollment and attendance in order to comply with the requirements of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. http://le.utah.gov/~2009/bills/hbillenr/hb0063.pdf Title: H.B. 63 Source: le.utah.gov CO Signed into law 03/2009 P-12 Requires that the department of human services make available to foster parents training concerning individualized education programs. http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/C50B0213BCC4F56B87257537007221D9?open&file=1078_enr.pdf Title: H.B. 1078 Source: http://www.leg.state.co.us MI Signed into law 01/2009 P-12 Postsec. Community College Establishes the Foster Care Trust Fund in the Department of Human Services as a charitable and educational endowment fund; establishes the State Foster Care Board; prescribes the powers and duties of the Board; provides for the distribution of the money from the fund; prescribes various powers and duties of other agencies and officials which may have an interest in the foster care system; provides for appropriations. http://www.legislature.mi.gov/documents/2007-2008/billenrolled/House/pdf/2008-HNB-6089.pdf Title: H.B. 6089 Source: http://www.legislature.mi.gov MI Signed into law 07/2008 P-12 Postsec. Community College Creates the Foster Care Independence Act; provides services for child abuse victims who are aging out of foster care; establishes the Foster Care Independence Program to offer high school diploma assistance, career exploration, vocational training, job placement and retention, daily living skills training, training in budgeting, substance abuse prevention, smoking avoidance, nutrition education and pregnancy prevention; provides stipends for utility deposits, security deposits and first month's rent. http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0215.pdf Title: H.B. 4481 Source: http://www.legislature.mi.gov/ LA Signed into law 07/2008 P-12 Provides that before a student between the ages of 17 and 18 may drop out, the student and student's parent must attend an exit interview, in which the student and parent provide written acknowledgement that withdrawal from school will likely reduce the student's future earning potential and increase the student's likelihood of being unemployed. During the exit interview, requires the student to be provided information supplied by the Louisiana Workforce Commission regarding available training and employment opportunity programs, provided such information is available. Creates the state High School Dropout Prevention Act of 2008. Directs the state board to work with the school districts that have the lowest four-year cohort graduation rates. Directs the state board to incorporate specific dropout prevention strategies, target resources, and gather data that will improve graduation rates and educational outcomes in all grades in all schools. Directs the state board to develop specific methods of targeted intervention or identify appropriate existing methods for districts with a four-year cohort graduation rate below 70%. Provides that these intervention methods may include: (a) Early intervention for students who are at risk of failing Algebra I or any 9th grade math class (b) Alternative programs designed to reengage dropouts (c) Increased availability of advanced placement courses (d) Comprehensive coaching for middle school students who are below grade level in reading and math (e) Teacher advisories such as the use of graduation coaches and other supports designed to specifically address the needs of youth most at risk of dropping out of school (f) Strategies specifically designed to improve the high school graduation rate of students at highest risk for dropping out, including youth in the foster care system, pregnant and parenting youth, Limited English Proficient students, and students with special education needs (g) Communicating with students and their parents or legal guardians about the availability of local after school programs and the academic enrichment and other activities the programs offered (h) Opportunities for credit recovery (i) Opportunities to participate in the Jobs for America's Graduates program. Directs the state board to gather the following data to ensure that all programs are research-based and data-driven, and to use such data for continuous program improvement: (a) Total number of high school suspensions and expulsions (b) Total number of students enrolled in alternative schools (c) Total number of students who have failed Algebra I or English I (d) Total number of students who are repeating the ninth grade (e) Total number of students required to repeat a ninth grade course. Directs school districts failing to show a decline in their annual dropout rates to annually submit to the state board a written report that documents: (a) The outcomes of the dropout prevention strategies to date at the school system level (b) How the school system dropout prevention strategies and activities will be modified, based on the data. http://www.legis.state.la.us/billdata/streamdocument.asp?did=502007 Title: H.B. 1091 Source: www.legis.state.la.us OR Adopted 06/2008 P-12 Postsec. Community College Describes the activities required to assure that regular education, special education, pre-school, and post-secondary education services are provided to a child or young adult for whom the Child Welfare Program of the Department is legally responsible. http://arcweb.sos.state.or.us/rules/OARS_400/OAR_413/413_100.html Title: OAR 413-100-0900, -0905, -0910, -0915, -0920, -0925, -0930, -0935,-0940 Source: http://arcweb.sos.state.or.us/ CO Signed into law 04/2008 P-12 Requires each school district to appoint a person to act as the child welfare education liaison; provides that when a student in out-of-home placement transfers from one school to another, the district or school is to transfer the records after receiving a request for transfer; requires the district or school to immediately enroll the transferring student; requires the sending school to certify the course work the student has fully or partially completed; relates to authorized absences. http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/7FE3532F9A728BA2872573A70064404F?open&file=1019_enr.pdf Title: H.B. 1019 Source: http://www.leg.state.co.us IL Signed into law 08/2007 P-12 Amends the School Code regarding special education classes for children from orphanages, foster family homes, children's homes, or in-state housing units. Provides that subject to appropriation, school districts must be reimbursed for the eligible costs of educating disabled students residentially placed by a state agency or the courts or placed and paid for by a state agency. http://www.ilga.gov/legislation/95/SB/PDF/09500SB0398lv.pdf Title: S.B. 398 Source: Lexis-Nexis/StateNet IN Signed into law 05/2007 P-12 Provides that a student who is placed in a foster family home or the home of a relative or other unlicensed caretaker may attend school in either the school corporation in which the home is located or in the school corporation in which the student has legal settlement. Provides that if a student subsequently attends school in a school corporation that is not the school corporation in which the student has legal settlement, the school corporation in which the student has legal settlement must pay transfer tuition to the school corporation in which the student is enrolled in school if specific conditions apply. Includes in the definition of a homeless student a student who is awaiting placement in foster care. Authorizes the juvenile court to place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the court determines that the school's program meets the child's educational needs and the school agrees to the placement. Authorizes the juvenile court to place or change the placement of a child in the home of a relative or other unlicensed caretaker. http://www.in.gov/legislative/bills/2007/PDF/SE/SE0330.1.pdf Title: S.B. 330 Source: www.in.gov IN Signed into law 05/2007 P-12 Postsec. Provides that a student who is in foster care or placed in the home of a relative or other unlicensed caretaker may enroll in the 21st Century Scholars program at any time before the student graduates from high school, is not required to be eligible for free or reduced price lunches to participate and is not required to have a custodial parent or guardian agree to the student's participation in the program. http://www.in.gov/legislative/bills/2007/PDF/HE/HE1266.1.pdf Title: H.B. 1266 Source: www.in.gov WA Signed into law 04/2007 P-12 Postsec. Declares an intent to create the passport to college promise pilot program that will have two primary components, as follows: (1) Significantly increasing outreach to foster care youth between the ages of fifteen and eighteen regarding the higher education opportunities available to them, how to apply to college, and how to apply for and obtain financial aid; and (2) Providing financial aid to former foster care youth. http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Passed%20Legislature/1131-S.PL.pdf Title: H.B. 1131 Source: http://www.leg.wa.gov/ AZ Signed into law 06/2006 Postsec. Establishes the displaced pupils choice grant program under which each custodian of a qualifying pupil who completes an application for a grant shall receive a grant for tuition and educational fees; provides that a pupil is eligible to receive the grant if the pupil has been placed in foster care at any time before the pupil graduates from high school or obtains an equivalency diploma; includes a preschool for handicapped students; provides that such grants shall not be considered taxable income. http://www.azleg.gov/legtext/47leg/2r/bills/sb1164c.pdf Title: S.B. 1164 Source: Arizona Legislature TN Signed into law 05/2006 P-12 Concerns Education; specifies that when the education of a child becomes the state's direct responsibility for any reason, the commissioner of education must pay to the state agency responsible for the child an amount equal to the state funds, plus the local funds, which would otherwise be expended on the child if the child had not been placed in state care. http://www.legislature.state.tn.us/bills/currentga/BILL/SB3922.pdf Title: S.B. 3922 Source: Tennessee Legislature KS Signed into law 04/2006 P-12 Postsec. Establishes the Kansas Foster Child Educational Assistance Act. Provides that the purpose of the act is to establish an educational assistance program under which eligible foster children receive tuition waivers to any area vocational school, area vocational-technical school, community college, municipal university, state educational institution or technical college. Requires participating foster children to pay all fees charged by the state postsecondary institution that are not directly required for the courses in the student's educational program. Requires participating student, as condition of continuing eligibility, to remain in good standing at the postsecondary institution and make satisfactory progress toward completion of the requirements of the educational program in which the eligible foster child is enrolled. Directs the secretary to publish an annual report on the Kansas foster child educational assistance act and to present the report to the legislature. Requires the annual report to account for the ways in which the purpose of this act have been carried out. Requires the recommendations to note what changes are necessary to better address the purposes of the program. http://www.kslegislature.org/bills/2006/85.pdf Title: S.B. 85 Section 1-10 Source: www.kslegislature.org