Caregivers’ Role in Education for Youth in Foster Care,

February 24th, 2024

Lily Colby, With Lived Experience

INTRO: SB 233 Matters because… ��CAREGIVER ENGAGEMENT MATTERS!

WHAT DOES SB 233 SAY?

SB 233 § 1:�

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•  It is the intent of the Legislature to declare that caregivers are a key component to the educational success and the well-being of pupils in foster care and the use of pupil records by caregivers will be used solely for the purpose of fulfilling their responsibilities to positively support the educational needs of foster children and to maintain an updated education summary for the child welfare agency pursuant to existing law. All education information received is intended to improve the coordination of education services between caregivers, educational rights holders, pupils, child welfare agencies, and schools. Caregivers have a responsibility to communicate with the child’s educational rights holder whenever the caregiver has information that could help the educational rights holder make a decision on behalf of the best interests of the child. Caregivers shall have no authority to use pupil records against a foster child to limit his or her access to educational support services, stigmatize the foster child, or cause any harm to the child.

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SB 233 § 1:EXPLAINED

This is legislative intent language declaring:

• Foster parents play an important role in the educational success of foster youth. They have the right to access pupil records to support foster youth success in school and to maintain and update the foster youth educational summary.
• Educational information received is supposed to improve coordination. Caregivers cannot use pupil records against the child.
• When appropriate caregivers have a responsibility to communicate with the child’s Educational Rights Holder (ERH) whenever they have information that can help the ERH make a decision in the best interests of the child.  

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SB 233§ 2;�EDUCATION CODE § 49069.3(A)

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Foster (a)  A foster  family agencies agency  with jurisdiction over a  currently enrolled or former pupils may access records of grades and transcripts, and  pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and  any individualized education plans programs  (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a))  maintained by school districts  districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010,  or private schools of those pupils. that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code. 

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SB 233 § 2: EXPLAINED

• Foster Family Agencies (FFAs), short-term residential treatment programs (STRTPs) staff responsible for educational CASA management and caregivers (including relatives, non-relatives, and resource families) responsible for the care of this particular child- are able to access “current or most recent records of grades, transcripts, attendance records, online school portals, IEPs and 504 plans.
• This applies to school district records, county office of education records, charter school records, and nonpublic school records.
• The Caregiver may access these educational information REGARDLESS of whether they hold educational rights.

SB 233§ 2;�EDUCATION CODE § 49069.3(B)

• (b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs.

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EDUCATION CODE § 49069.3(B) EXPLAINED

• FFAs, STRTPs, and Caregivers are able to access records specified in (a) to support he foster youth in school.

SB 233§ 2;�EDUCATION CODE § 49069.3(C)

• Caregivers have a NEW OBLIGATION to communicate with the child’s Educational Rights Holder (ERH).
• If the caregiver finds out information that the ERH should know about (examples include IEPs that need to be signed, or school placement decisions that need to be made) then the caregiver needs to share that information with the ERH.
• If it’s not appropriate for a caregiver to have direct contact with the ERH then the social worker can allow the caregiver to relay the specified information to the social worker or attorney instead of the ERH.
• Nothing in this section changes the responsibilities of placement agencies, alters or increases a social workers decisions making rights for a foster youth, or affects a district’s obligation to proactively inform and involve the ERH in educational decisions affecting the child.

SB 233§ 3;�EDUCATION CODE § 49076

• Section 0 was added to the state’s educational privacy act to insure that FFAs, STRTP staff responsible for the educational case management of the student, and the child’s Caregivers (including foster parents, relative and non-relative extended family members and resource families) have access to educational records pursuant to Section 49069.3 of the Education Code.

SB 233§4;�WELFARE AND INSTITUTIONS CODE § 361

• Caregivers((including foster parents, relative and non-relative extended family members and resource families) regardless of whether they hold educational rights have rights and obligations to access and maintain educational information under Ed. Code Sections 49069.3; 49076 and WIC section 16010.
• This section was added to clarify WIC 361 to insure that it is consistent with the other provisions of the Education and Welfare and Institutions codes.

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SB 233§ 9;�WELFARE AND INSTITUTIONS CODE § 16010 (A)

• The Caregiver information sheet needs to have the name and contact information of the current educational rights holder, the school educational liaison, and the local FYSCP.  
• Caregivers won’t be provided contact information for the educational rights holders if it may put the ERH at risk.

SB 233§ 9;�WELFARE AND INSTITUTIONS CODE § 16010 (B)

• Most court reports, which social workers submit to the courts, must include the name and contact information of the person holding educational rights. This will improve coordination among the adults in that child’s life.

SB 233§ 9;�WELFARE AND INSTITUTIONS CODE § 16010 (E)

• Caregivers have a responsibility to review and receive pupil records.
• Social workers for the county and FFAs are responsible for supporting caregivers in obtaining relevant health and educational information regarding the pupil.
• The county or FFA shall take all necessary steps to support the caregiver in gaining this information including but not limited to: obtaining educational information to share with caregivers, providing appropriate documentation that confirms their status as approved caregivers and their right to access information, and explaining caregiver rights and responsibilities with regard to accessing educational information under Sections 49069.3 and 56055 of the Education Code. 

SB 233§ 10;�WELFARE AND INSTITUTIONS CODE § 16519

Foster parent training must be updated to insure Foster/Resource parents receive training on these topics prior to certification:

• The importance of the caregiver’s role in education.
• The educational protections specific to foster youth under state and federal law
• The Caregiver’s rights and obligations to access and maintain educational and health information under three laws: WIC Code 16010 and Education Codes 49069.3 and 56055.

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RESOURCES

• Partner with the state Foster and Kinship Care Education program:

http://extranet.cccco.edu/Divisions/StudentServices/FosterandKinshipCareEducation.aspx

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• REACH OUT TO YOUR LOCAL KINSHIP AND FOSTER PARENT TRAINING CENTER (I can send you a list of the FKCE local leaders)

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• FOR MORE WAYS TO ENGAGE CAREGIVERS CONTACT:

Jennifer Rexroad, California Alliance of Caregivers

jrexroad@cacaregivers.org

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Adding an Educational Rights Holder - JV 535

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://courts.ca.gov/sites/default/files/courts/default/2024-11/jv535.pdf

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RESOURCES

Caregivers’ Role in Education for Youth in Foster Care,

February 24th, 2024

Lily Colby, With Lived Experience

Parents, caregivers, CASAs, social workers and educational rights holders should know who their parent training and information centers are. These centers help provide training and support on how to navigate getting support services for students who may have a disability.

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Source - DREDF.org

Overview

• INTRO
• Caregiver engagement matter?
• What does SB 233 say
• Next Steps/Resources
• Q and A

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They don’t even know how to get edu rights - https://docs.google.com/document/d/1uczbcCgMcp79iDhbYuQzd7EiEOFifIkM5MG1SlR81_E/edit?usp=sharing

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Filing a JV 535, JV 535

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://courts.ca.gov/sites/default/files/courts/default/2024-11/jv535.pdf

Need the evaluation - Would you like to file for edu rights, or would you like me to do it? If hasn’t happened in while. Joint caregiver and parent can hold rights.

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RESOURCES

Advokids: Advokids.org

FosterEd : www.foster-ed.org

California Foster Youth Education Task Force : www.CFYETF.org

Foster EdConnect: www.fosteredconnect.org

Guardian Scholars Programs: www.fosteryouthhelp.ca.gov/pdfs/GuardianScholars.pdf

Alliance for Children’s Rights:

www.kids-alliance.org/programs/education/edtoolkit/

Legal Services for Children: www.lsc-sf.org/

Disability Rights Education Defense Fund: www.DREDF.org