7 Miss. Code. R. 3-30.8 - Educational Stability for Students in Foster Care
The Mississippi Department of Education (MDE) State Board of Education recognizes the importance of educational stability for students in foster care to promote high level achievement similar to peers. Therefore, the MDE will collaborate, as appropriate, with Mississippi's Child Welfare agency, the State agency responsible for administering the State plans under parts B and E of Title IV of the Social Security Act (42 U.S.C. §§ 621 et seq. and 670 et seq., the Mississippi Department of Child Protection Services (MDCPS), to ensure school stability and success for youth in foster care.
I.
Written District
Policy
A. Each Local Education
Agency (LEA) shall develop a local, written, district policy to address
educational services for students in foster care in accordance with Federal and
State laws and regulations.
B. The
policy shall, at a minimum, include provisions regarding:
1. The process for deciding the Best Interest
Determination (BID);
2. The
development of written procedures governing how transportation for children in
foster care will be provided, arranged and funded for the duration of time
and,
3. Awarding credit for full or
partial coursework satisfactorily completed while attending prior schools, and
consideration of credits partially completed in a prior school, awarding
partial credits, and offering credit recovery
courses.
II.
Foster Care Points of Contact
Foster Care Points of Contact (POC) shall be designated at both the MDE (State POC) and in local school districts (LEA POC) to carry out various responsibilities that ensure the educational stability and rights of students in foster care.
A.
Mississippi Department of Education Foster Care State Point of
Contact
The MDE shall establish or designate an employee in the MDE as State POC. The MDE State POC shall:
1. Collaborate with the Mississippi
Department of Child Protection Services (MDCPS) to agency to develop and
disseminate uniform guidelines for implementing the Title I educational
stability provisions;
2. Ensure the
MDE State POC designee's contact information is made publicly available on
MDE's website and in relevant publications,
3. NOT be the State's Coordinator for
Education of Homeless Children and Youths required under the McKinney-Vento
Homeless Assistance Act (42
U.S.C. §
11432(d)(3));
4. Oversee implementation of the MDE's
responsibilities required under
20
U.S.C. §
6311(g)(1)(E)
(educational stability, school of origin, Best Interest Determination (BID),
records, and enrollment); and, ensure:
a. a
list of LEAs POCs is maintained and updated at least annually;
b. each LEA submits its local POC designee to
the State POC; and, as outlined in
20 U.S.C. §
6312(c)(5)(A), if the
corresponding child welfare agency (MDCPS) notifies an LEA, in writing, that
the MDCS has designated an employee to serve as POC for the LEA, and the LEA
has not designated an LEA POC, the MDE State POC shall designate an LEA POC,
the MDE State POC shall designate an LEA POC
B.
Local Education Agency Foster Care
Point of Contact
1. Each LEA shall
designate a staff person to act as the LEA's POC for students in foster care.
The LEA POC shall, at a minimum:
a. Coordinate
implementation of the Title I, Part A provisions, as it relates to the Foster
Care provisions outlined in the ESSA and State laws and regulations;
b. Document the BID decision;
c. Initiate a school-to-school transfer of
records with the school of origin for immediate enrollment (as defined in
subsection [(III)(C)(II)(b)], and ensure the student is attending school while
the records are being transferred;
d. Document data sharing with the MDCPS
consistent with Federal and State laws and other privacy protocols;
e. Ensure children in foster care are
enrolled in school as outlined in the State's compulsory attendance laws and
regulations;
f. Compile school and
service-related documents (to include a student's Special Education records, if
applicable), and ensure no delay or interruption in services (services begin on
the first day of enrollment); and
g. Initiate collaboration with MDCPS POC and
contact the designated MDCPS POC with concerns, such as, but not limited to:
i. Resolving issues relating to services for
students with special needs;
ii.
Clarifying which children are currently in foster care;
iii. Obtaining records;
iv. Maintaining current documentation and
contact information for the child's Social Worker, foster parent of care
provider, and person designated to make education decisions by confirming the
status of the education rights of the birth parent and, if applicable, seeking
information on who holds educational decision rights; and,
v. Ensuring the individual designated to make
educational decisions can access student records.
2. The LEA shall ensure that the
name and contact information for the LEA POC is provided to the MDE at the
beginning of each academic school year and placed on the District's website,
and otherwise publicly posted, so the designee may be easily reached when
required.
3. LEAs shall provide,
any changes during the year, to the MDE State POC.
III.
School District and
School
A.
Definitions
1.
Best
Interest Determination (BID) refers the collaborative process between
MDCPS and local school districts based on the individual student's unique best
interests. The determination involves input from multiple parties to make
decisions about whether a student placed in foster care should continue to
attend his or her school of origin.
2.
School of Origin refers
to the school that a student was attending at the time of placement in foster
care or the last school the student attended, despite a change in home. To
ensure continuity in education, remaining in the school of origin is
preferred.
3.
School
District of Origin refers to the Mississippi school district in which
a school of origin is physically located.
4.
Single-school Districts/Education
Authorities refer to situations in which an individual school operates
as an individual school district (for example, charter schools). The school is
considered both the school of origin and the district of origin.
B.
Designation of School
District and School
The LEA, in consultation with the MDCPS, shall determine whether placement in the school district of origin or the school district of foster care placement residence is in the best interest of a student in foster care (see, subsection IV. Best Interest Determination) to ensure educational continuity for the student.
C.
LEA Responsibilities Upon School
Designation
1. When the LEA, in
consultation with the MDCPS, has determined in the BID that it is in a
student's best interest to remain in the school of origin, the LEA shall
document in writing the individualized student's plan regarding how
transportation shall be provided, arranged, and funded for the student.
a. The LEA shall document in writing the
Transportation Plan, developed in collaboration with the MDCPS, that supports
the District's obligations under federal and state law to ensure any student in
foster care who requires transportation in order to attend his or her school of
origin shall receive transportation services on the first day of the student's
attendance.
b. The Transportation
Plan shall outline:
i. How transportation
will be provided, arranged, and funded, as well as the costs for
transportation, which shall be provided and allocated pursuant to applicable
laws and regulations.
ii. The
cost-effective manner as defined in
42
U.S.C. §
675(4)(A) to
ensure each student in foster care receives transportation promptly to attend
their school of origin.
iii. If
applicable, the amount of "additional costs." Additional transportation costs
incurred in providing transportation to maintain children in foster care in
their school of origin reflect the difference between what an LEA would spend
to transport a student to his or her assigned school and the cost of
transporting a child in foster care to his or her school of origin. If
additional transportation costs are identified, the LEA shall enter into a
written agreement with the MDCPS describing to how excess transportation costs
will be funded, consistent with applicable Federal and State laws and
regulations.
iv. An LEA should also
consider whether transportation can be provided for minimal or no additional
costs.
v. If there are additional
costs incurred in providing transportation to maintain children in foster care
in their schools of origin, the LEA will provide transportation to the school
of origin if-
(I) the local child welfare
agency agrees to reimburse the local educational agency for the cost of such
transportation;
(II) the local
educational agency agrees to pay for the cost of such transportation;
or
(III) the local educational
agency and the local child welfare agency agree to share the cost of such
transportation.
c. In the event a dispute arises between the
LEA and MDCPS concerning the cost of transportation to ensure the child in
foster care remains in his or her school of origin, the LEA shall forward the
dispute to the MDE State POC in accordance with the Dispute Resolution Process
(see subsection V).
d. Title 1,
Part A may be utilized to provide transportation for foster youth; however,
Title 1, Part A funds set aside to serve homeless children cannot
be used for children in foster care [42 U.S.C. §
675(1)(G); 20 U.S.C. §
6311(g)(1)(E)(i);
20 U.S.C. §
6312(c)(5)(B)].
2. When the LEA, in consultation
with the MDCPS, has determined in the BID it is in a student's best interest to
leave the school of origin, the enrolling LEA shall:
a. ensure enrollment in the new school takes
place on the same day the MDCPS representative (i.e. case worker, educational
liaison) enrolls the student, even if the child is unable to provide records
normally required for enrollment, to prevent disruption of the student's
education.
i. A student in foster care must be
enrolled by a MDCPS representative (i.e., case worker, educational liaison).
Foster parents, for the purposes of enrollment, are
not classified as a MDCPS representative, unless a court order
states otherwise.
ii. The LEA shall
confirm, in writing, the person responsible for making educational decisions.
If a student is removed, from the school, by anyone other than a MDCPS employee
(social worker, educational liaison), the LEA will notify MDE immediately,
unless a court order states otherwise.
iii. Contact the school last attended (school
of origin), within one (1) school day of enrollment, to obtain relevant
academic and other records.
b. update the student database and contact
information for the student within one (1) school day of notification of
enrollment from the custodial agency (MDCPS).
c. ensure the student is assigned to a school
in the district in the same manner and according to the same process used for
all other students in the district.
d. follow its local, written policy
concerning transfer of coursework.
e. ensure each student in foster care shall
be provided services comparable to other students in the school of attendance,
including but not limited to: transportation services; educational services for
which the student meets eligibility criteria; educational programs for students
with disabilities; educational programs for English learners; programs in
career and technical education; programs for gifted students; and school
nutrition programs.
f. ensure that
it is documented, on the BID, that a student was withdrawn prior to the BID, if
applicable.
3. Student's
Records
a. Upon receipt of a written request
for school records from a new school, the school district of origin shall
forward, in a manner consistent with Federal and State law and in compliance
with all privacy and confidentiality laws, a complete copy of the records of
the student in foster care. Information needed by the receiving school district
shall include, but is not limited to:
i. Proof
of age;
ii. Immunization
records;
iii. Cumulative education
file, if the child is attending a public school.
iv. Copy of the current IEP, if the child is
eligible for special education services;
v. Copy of the current Section 504 Plan, if
the child has a Section 504;
vi.
Copy of health records kept by the school; and,
vii. Any other pertinent information needed
to assist the enrolling school in providing appropriate educational
services.
b. The
inability to receive records shall not delay student enrollment.
IV.
Best Interest Determination
The Best Interest Determination (BID) is the collaborative process between MDCPS and local school districts based on the individual student's unique best interests.
A.
The LEA shall coordinate with MDCPS, educational liaison or social worker, to
finalize a BID within seven (7) school days from the date the LEA is
notified, by MDCPS, of child's placement in foster care or change in the
child's living arrangement, except in emergency removal situations. During the
BID determination period, the LEA shall ensure the child is permitted to remain
in his or her school of origin and the LEA shall document how transportation
shall be provided, arranged, and funded during the pendency of the BID
decision.
B.
BID
Participants
The LEA shall ensure the BID decision shall involve input from multiple, relevant parties who have the authority to make decisions regarding the child in foster care, and who have the knowledge and expertise about the child and the child's circumstances to determine whether a student in foster care should continue to attend his or her school of origin.. These parties may include:
1. MDCPS
representative;
2. Student, if
applicable;
3. Child's foster
family;
4. Individual from
receiving school district;
5.
Counselor;
6. Guardian Ad Litem;
and,
7. Biological Parent, if
determined by MDCPS or Court Order.
If there is disagreement regarding school placement for a student in foster care, MDCPS and MDE POCs are the final decision maker. Under ESSA, to promote educational stability, students should continue to attend their schools of origin while BIDs are determined.
C.
Factors for BID Decision
The LEA shall consider all factors relating to a child's best interest. Although there is flexibility in determining which factors should be considered as part of evaluating the appropriateness of the current educational setting, the LEA shall, at minimum:
1.
Appropriateness of the current educational setting (the school of
origin),
2. Proximity to the school
in which the child is enrolled (the school of origin) at the time of placement
in foster care,
3. Preferences of
the child's parent(s) or education decision maker(s) (individual legally
authorized by the court to make educational decisions for a child in foster
care);
4. Holistic and
well-informed determination, utilizing a variety of student-centered factors
including, but not limited to-
a. Student's
age and grade level;
b. Student's
preference, when age appropriate;
c. Student's attachment to the school,
including meaningful relationships with staff and peers;
d. Placement of the student's
sibling(s);
e. Distance/length of
time to travel to/from school;
f.
Time of academic year, academic performance, and skills;
g. Current educational goals and services;
anticipated length of time in placement, and whether reunification is the
family goal;
h. Number of
placements to date;
i. Child's
participation in specialized instruction (e.g., gifted programming, career
technical education program, College Credit Plus, Advanced Placement
classes);
j. Availability of
required special education and/or related services in a school other than the
school of origin when the student has an identified disability under IDEA or
Section 504;
k. Availability of
language services in a school other than the school of origin when the student
has been identified as an English learner;
l. Child's ability to earn full academic
credit, the ability to proceed to the next grade, or the ability to graduate on
time;
m. School climate, peer
support, supportive adults, and involvement in extracurricular
activities;
n. Availability and
quality of the services in the school to meet the child's educational and
socioemotional needs;
o. Impact the
commute to and from school would have on the child, based on developmental
functioning. For children with disabilities, consider the IDEA's federal
requirements when determining best interest;
5. Whether the student needs to remain in the
school of origin for a limited time (e.g., until the end of the school year,
the end of a testing or grading period).
6. Determine if it is appropriate to revisit
the question of whether it is in the student's best to remain in the school of
origin or enroll locally, and if so, document a specific time to reassess;
and,
7. NOT consider the cost of
transportation when determining a child's best interest.
V.
Dispute Resolution
Process
A. The LEA shall permit a
student in foster care to remain in his or her school of origin while any
dispute is pending in order to minimize educational disruptions and reduce the
number of moves between schools.
B.
Once all avenues to resolve a foster care dispute at the local level have been
exhausted, the LEA may forward the dispute to the MDE.
C. In the event of a dispute, the dispute
resolution request shall include:
1. A
complete explanation of the basis of the dispute, with all pertinent
facts.
2. The name and contact
information of the individuals who have been addressing the dispute thus far on
behalf of both the LEA and the MDCPS (phone, email, and mailing
address).
3. Details of previous
attempts to resolve the dispute at the local level prior to requesting
assistance from the State POC.
Notes
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