1. EDUCATION: AB 490 Impact on Foster Youth & CSW’s Responsibilities
Los Angeles County Department of Children and Family Services

2. AB 490 directly affects … Children/Youth in …
Foster Homes of
Relatives
Non-relatives
Group Homes
Probation Placements
Children’s “Best Interest” now includes the Child’s educational needs.

3. How has AB 490 affected the Parent’s role in the educational process?
A Parent always keeps his/her child’s educational rights, even if the child is in foster care, unless the court makes a legal determination to limit the educational rights.

4. How has AB 490 affected the Foster Parent’s role in the educational process?
The Foster Parent can only represent the interests
of the Child when the Juvenile Court has limited the rights of the Parent to make educational decisions
AND
The Foster Parent is designated as the “responsible adult” prior to the child’s planned permanent living arrangement order OR
The Child is ordered into a planned permanent living arrangement.*
* FYI Appointment of Foster Parents to make educational decisions.

5. AB 490 has 9 main points for CSWs to implement
They are …

6. 1. Each Child has the right to a free public education…
In the least restrictive educational programs.
With equal access to academic resources, services, extracurricular and enrichment activities.

7. 2. Each Child has the right to have consideration given to Out-of-Home Placement that is closest to their School of Origin
When selecting out-of-home placements, the CSW must consider placing with:
- Non-Custodial Parent
- Relatives, Non-related extended family members, Tribal members
- Siblings
- Placements near the Parent’s home
- New Law: A home in the attendance area of the School of Origin or
close to the School of Origin

8. 3. Each school district is to provide an LEA Education Liaison for Foster Children
Education Liaison can facilitate and ensure:
Immediate enrollment in school
Appropriate school placement
Official checkout for transfer
Transfer of school records
Responds to inquiries from the CSW,
the Holder of Educational Rights,
the Caregiver, and the Child’s Attorney

9. 4. Each Child has the right to remain in his/her School of Origin
Following any placement change,
each Child has the right to remain in his/her School of Origin until the end of the current school year.

10. 4. What is the School of Origin?
It means the school:
the child attended when permanently housed;
in which the child was last enrolled; or
the school in which the child has a connection – based on child’s best interest

11. 4. Continued The School of Origin Decision
The holder of the child’s educational rights shall determine if it is in the child’s best interest to remain in the School of Origin or to waive that right.
The CSW can refer that person to the Educational Liaison for Foster Children at the School of Origin to discuss issues related to which school the child will attend.

12. The Parent/Holder of Educational Rights has the following 2 options:
4. Continued
The Parent/Holder of Educational Rights has the following 2 options:
1st Option
Keep the Child in his/her
School of Origin
2nd Option
Transfer the Child to a
New School

13. 4. Continued The School of Origin Decision
One factor to consider is the availability of transportation
between the Child’s placement and the school. The holder
of the child’s educational rights has the authority to
request that the school district provide transportation.
If the school district is unable to provide transportation:
Determine …
If the Caregiver can provide transportation.
If transportation is not possible, consider alternative transportation options to ensure school stability.

14. 1st Option – Remain in the School of Origin
4. Continued
1st Option – Remain in the School of Origin
If any dispute arises regarding the
request for a Child to remain in
his/her School of Origin, the Child
has the right to remain in the School
of Origin pending resolution of the
dispute.

15. 2nd Option – Transfer to a New School
4. Continued
2nd Option – Transfer to a New School
If the decision is for the Child to transfer to a New School, the reasons must be documented in:
CWS/CMS
Case Plan
Court Report

16. 4. Continued School’s Responsibilities Regarding the Transfer of Records
Determine seat time
Calculate full or partial credits earned
Identify current classes in which the student is enrolled
Finalize grades
Relay IEP or 504 Plan
Include immunization records
Transfer “CUM” (the Child’s entire school record) to the NEW SCHOOL
Allow the student, CSW, or designee to collect the student’s personal property
The School of Origin must transfer Child out/transfer records to New School within
TWO business days of the CSW’s notification (on the DCFS 1399) and perform the following functions:

17. 4. Continued – DCFS responsibilities when a Child is moving
As soon as the CSW is aware that the Child will need to transfer to a new school, the CSW has the responsibility to notify the School of Origin of the child’s foster care status, residence change date, and request that the child’s school records be transferred to the new school.
Complete DCFS 1399 – Notification to School of Pupil’s Foster Care Status and Request for Transfer of Pupil and Appropriate Records from the “School of Origin” to the New School.

18. When transferring a Child from their School,
4. Continued
CSW Best Practice:
When transferring a Child from their School,
Pick up Child’s personal property.
Allow Child, teacher, and peers to say goodbye.

19. 5. Each Child has the right to immediate school enrollment in their new school
Immediate enrollment does not require:
Immunization records
Prior academic records
Proof of residency
Payment of school fines
Uniforms
However, these items must be provided ASAP.
School enrollment is the “same day”
and attendance should coincide with
the child’s current track schedule in
order that the child is ensured
completion of a full school year.

20. 6. Each Child has the right to receive full and partial course credits at their New School …
for past coursework satisfactorily completed
in:
Public School
Juvenile Court School
Nonpublic School
Nonsectarian School

21. 6. Continued CSW should …
Verify with the New School that all transferred credits have been accepted.
Ensure that full and partial coursework credits have been applied to calculations for graduation.
Advocate for Youth’s high school graduation.

22. 7. Each Child has the right to attend court hearings during school time …
without being penalized by their school
A Child’s grades cannot be
lowered due to:
Placement changes - The grades and credits will be calculated as of the date the Child left school.
Court appearances – e.g. Child should be permitted to turn in assignments, take make-up tests, etc.
Court ordered activities.

23. 7. Continued CSW has the responsibility to …
Inform the school of:
placement changes and contact information
As needed, provide documentation of:
court appearance dates
court ordered activity
Best Practice -
Review attendance and grade records
to ensure Child was not penalized.

24. 8. CSW has the right to access certain school records
AB 490 gives authority to the “County Placing Agency” (DCFS) to receive certain school records without parental consent or a court order.
These records include:
Grades/credit transcript
Attendance
Immunizations
Standardized test scores
IEP, if applicable

25. 8. Continued
HOWEVER,
Some school districts may still require authorization from a parent/the person with educational rights or the court.
In these cases . . .
Obtain the signature of the person holding educational rights on the DCFS 179 Section B.
-OR-
Request authorization from the court and attach a redacted minute order to all requests submitted to the school for records/information.

26. 9. CSW has the right to consent to and access
the “Quality of Life Assessment” for Children…
… who have developmental disabilities and who are receiving Regional Center Services.
The CSW is authorized to receive a copy of the Quality of Life assessment.

27. Conclusion: AB 490 related forms
CSW is to…
Complete Parental Consent and Authorization for Medical Care and Release of Health and Education Records.
Complete and disseminate DCFS Notification to School of Pupil’s Foster Care Status and Request for Transfer of Pupil and Appropriate Records from the “School of Origin” to the New School.
Complete and send to the School of Origin DCFS Request for School Report.
Include educational information on the DCFS 280 and 709, as appropriate.
DCFS School FAX Cover Sheet
Update Health and Education Passport on CWS/CMS.
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28. For Additional Information
Consult with County Counsel
Link: Office of the County Counsel
List of LEA Educational Liaison for Foster Children
Link:
List of Los Angeles County Schools
Link: Education Resources
List of Los Angeles Unified Schools
Link: Los Angeles County School Districts
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29. For Additional Information
Consult with County Counsel
LAKids – go to Health and Education icon for forms, policies, School of Origin DCFS PowerPoint.
Link: Health & Education
DCFS FYIs:
FYI 02-47, Appointment of Foster Parents to Make Educational Decisions
Link: Appointment of Foster Parents
FYI 04-10, What CSWs Need to Include in Court Reports Regarding a Child’s
Education
Link: What CSWs Need to Include
FYI 04-19, Educational Stability
Link: Educational Stability
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30. Developed in Collaboration with:
Los Angeles County Department of Children and Family Services
Office of the County Counsel
Children’s Law Center of Los Angeles
Los Angeles Unified School District
August 17, 2004