Educational Stability for Arkansas Students in Foster Care

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David Terrell

Public School Program Coordinator

Foster Care Liaison

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Division of Elementary and

Secondary of Education

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Office of Federal Programs

Today’s Resources can be found at the �QR Code/Bit.ly below

https://bit.ly/3sMmqvC

The Department of Education needs your help with maintaining educational stability for Foster Youth

DCFS Leadership�& Area Directors’ Directory�

Foster Youth in Education (K-12)

Source: My School Info

2014: 1482

2015: 1315

2016: 1520

2017: 1820

2018: 1885

2019: 1934

2020: 1982

2021: 2111

2022: 2168

2023: 2013

2024: 1983

Foster Youth Graduation Rate

Source: My School Info

Students in Foster Care

Foster Care (out-of-home care): is a temporary service provided by State Child Welfare Agencies for children who cannot live with their direct guardians. However, children in foster care may live with relatives and unrelated foster/fictive parents.

• One of the most vulnerable subgroups
• More likely to struggle academically and fall behind
• Less likely to graduate from high school
• Experience much higher levels of residential and school instability

DCFS Breakdown

• Arkansas’ Child Welfare System is broken down into three different categories
• Investigations Unit
• Support Services Units
• Protective Services
• Differential Response
• Foster Care Units
• Foster Care
• Resources
• Adoptions

Child Abuse Hotline

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• Arkansas State Police Crimes against Children Division
• Hotline Operators takes calls and assesses the allegations
• They will either accept the allegation for further investigation or close out
• The allegations are split between DCFS and Crimes against Children Division
• CACD receives majority of the more egregious allegations (sex-based crimes and widespread abuses)
• DCFS primarily receives neglect  and lower level abuse allegations
• Most Foster Care cases are neglect based.

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DCFS Investigations

• Priority 1 vs Priority 2
• P1 have 24 hours to make initial contact
• P2 have 72 hours to make initial contact
• Interviews
• Imminent Danger v. Risk Assessment
• Investigator, Investigation Supervisor, and likely the Area Director or Area Designee to sign off on true findings
• If true findings are found, they can result 72 hour holds in Foster Care or other non foster DCFS support units
• Be Cautious!
• Hero vs Savior
• Making hotline reports can be life altering to the students and their families.
• Before making calls, speak with your supervisor and the homeless liaison (which might be you)
• If you see clear signs of abuse, please call 911 and the hotline.

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Students in Foster Care

• Regular Foster Homes
• Provisional Foster Homes
• Relatives
• Fictive Kin
• Residential Facilities
• Temporary Guardianship (Foster Care-Involved)

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NOT Foster Care Placements

• Living at home with parents and receiving in-home services
• Permanent Guardianship
• Placement with Relatives/Fictive Kin (Non-Foster Care Involved)
• No Court Involvement

McKinney-Vento Vs. Foster Care

Foster Care Education Laws

Focus of Foster Care Education Laws

1. Increase educational stability

2. Emphasize the importance of collaboration between educational and child welfare agencies to ensure students have the same opportunity to achieve at high levels.

Applicable Foster Care Laws for Schools

• Federal: Every Student Succeeds Act (ESSA) (Addendum Approved 2022)
• Federal: Fostering Connections to Success Act of 2008
• Federal: Uninterrupted Scholars Act of 2013
• State: Ark. Code Ann. Sec. 9-28-112 & 113 (2019, 2012)
• Memorandum of Understanding between ADE-DESE and DHS-DCFS 2023

Every Student Succeeds Act (2015)

The statute includes important protections for students in foster care:

• Requires designation of a point of contact within the State Education Agency (SEA) and each Local Education Agency (LEA). (Assurance in Indistar)
• Students may remain in their school of origin unless a collaborative determination is made that it is not in the best interest of the child
• Ensures immediate enrollment in school and transfer of school records

Every Student Succeeds Act (2015)

• LEA must develop and implement clear written transportation procedures governing how to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of time in foster care. (Assurance in Indistar)
• Removal of “awaiting foster care placement” from McKinney-Vento Homeless Assistance Act - �effective December 10, 2017

Fostering Connections to Success Act (2008)

• First federal law to require efforts to ensure educational stability for foster students.
• Requires that foster students remain in the school of origin if in the student’s best interest.
• Requires LEAs and CWAs to collaborate to address how transportation to the school of origin will be provided, arranged, and funded.
• Requires prompt enrollment in and transfer of records to a new school, if in the student’s best interest.

Uninterrupted Scholars Act (2013)

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Amended FERPA to permit educational agencies to disclose, without parent/student consent, education records of students in foster care to state child welfare agencies.

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Applies to IDEA as well.

Ark. Code Ann. Sec. 9-28-112

Requires DHS and school districts to work together for �the best interest of any child placed in DHS custody.

Requires DHS to inform a child’s current school district, by the next business day, if:

• DHS exercises a 72-hour hold on a child or a court places a child in DHS custody;
• A foster child transfers to a new placement; or DHS reasonably believes or knows that a foster child has experienced a traumatic event (may disclose to school counselor).

Ark. Code Ann. Sec. 9-28-113

Requires continuity of educational services for students in foster care by ensuring that the foster student:

• Remains in the school of origin whenever possible;
• Is moved to a new school in a timely manner when necessary, appropriate, and in the best interest; and
• Has access to the same academic resources, services, and extracurricular activities available to all students.

Ark. Code Ann. Sec. 9-28-113

Transportation

• Requires school districts to work with DHS to develop a transportation plan to ensure continuity of education services, to the extent reasonable and practical.
• Encourages the district to arrange for transportation to enable the student to remain in school of origin.
• Requires the district to provide transportation if reasonable and practical and if an additional expense will not be imposed on the district.

Ark. Code Ann. Sec. 9-28-113

Requires a new school to immediately enroll a foster child even if the child is unable to provide required clothing or records.

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Prohibits the lowering of a foster student’s grades due to absence from school due to:

• change in enrollment; or
• attendance at court-ordered counseling or treatment.

Memorandum of Understanding

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(Click the document)

Job Essentials

LEA Foster Care Liaison

• Serves as primary point of contact for facilitating the transfer of records and immediate enrollment
• Leads the development of a process for making the best interest determination
• Develops and coordinates local transportation procedures
• Facilitates data sharing with the CWA, consistent with FERPA and other privacy protocols
• Provides training to school staff on ESSA foster care provisions and the educational needs of children in foster care

LEA Foster Care Liaison Best Practices

• Contact your local county offices at least 2-3 times each school year (August, January, May…)
• A reliable point of contact may be the county supervisor
• Sample Script:

“I’m the Foster Care Liaison in XYZ School District. I wanted to introduce myself and share my contact info. Please feel free to contact me if you have a questions about a child in foster care in my district or if you have a new child who has entered into care.”

School of Origin

School of origin is the school in which a student is enrolled at the time of placement in foster care.

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Note: Student can remain in their school of origin or attend school in the district in which they reside depending upon the best interest determination.

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Immediate Enrollment

LEAs must ensure that a child in foster care is immediately enrolled in his or her new school even if the student does not have the required documentation.

CFS-005: Certification of Youth in Foster Care �or Qualifying Unaccompanied Homeless Youth

(Click the document)

eSchool Identification for Foster Youth

Some documents will can use to change student’s status.

• CFS-384: Notice of Changes in Child Placement, Changes in Schools, or Other Traumatic Events
• CFS-383: Notice to LEA Regarding Parent Access to Records and Schools Activities

Medical Passport

• Medi-Alert to Foster Care Provider form
• CFS-6007 Placement Plan-Placement Provider Information

CFS-384: Notice of Changes in Child Placement,

Changes in Schools, or Other Traumatic Events

(Click the document)

CFS-383: Notice to LEA Regarding Parent �Access to Records and Schools Activities

(Click the document)

Medical Passport

Medi-Alert to Foster Care

Provider Form

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CFS-6007 Placement Plan –

Placement Provider Information

(Click the document)

Best Interest Determination

Factors that the child welfare and educational agencies should consider:

• Preferences of child
• Child’s attachment to the school
• Placement of siblings
• Influence of school climate on child
• Availability of services to meet needs
• History of school transfers
• How length of commute would impact student

Best Interest Determination

Some students will need transportation to remain in their school of origin. However, transportation costs should not be considered when determining a child’s best interest.

Transportation

Each LEA should collaborate with state and local child welfare agencies to develop and implement clear written procedures governing how transportation to maintain foster care students in their school of origin, when in their best interest, will be provided, arranged and funded for the duration of the child’s time in foster care.

Written Transportation Procedures

Procedures must ensure that:

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1. Children in foster care needing transportation to their schools of origin will promptly receive that transportation in a cost effective manner �(cost, distance, whether mode of transportation is developmentally appropriate)

Written Transportation Procedures

2. If there are additional costs incurred in providing transportation, the LEA will provide such transportation if:
• The child welfare agency agrees to reimburse the LEA for the cost;
• The LEA agrees to pay for the cost; OR
• The LEA and local child welfare agency agree to share the cost

Transportation Costs

The LEA may use Title I funds to pay for additional costs to transport children in foster care to their school of origin.

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The LEA cannot use comparable services or homeless set-asides to provide transportation needed to maintain children in foster care in their school of origin.

Allowable Services through Title I/Local Funds

• Services to increase educational stability (tutoring, before/after-school programs, technology, etc).
• Transportation costs
• Outreach events to Foster families
• Educational supplies
• Staff professional development
• Support for transitional life skills (ACT/SAT Prep, test cost, CTE courses, etc.)
• Opportunities to improve social and emotional learning

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State Foster Care Liaison

• Oversees implementation of the State agency responsibilities required under ESSA
• Collaborates with the state child welfare agency, the Division of Children and Family Services

Neglected and Delinquent Program Coordinator

David R. Terrell

Arkansas Department of Education ​

1401 W. Capitol Ave, Suite 430

Little Rock, AR 72201 ​

Phone: (501) 534-3896

Email: David.Terrell@ade.arkansas.gov