Foster Support

Foster Support

Foster Youth

A child in foster care is defined as any child who has been removed from the custody of their parent(s)/guardian(s) by the juvenile court and placed in a group home or foster home. The child is under the direct supervision of a county probation officer or social worker. Foster Youth can also include children who are receiving family maintenance services; they may be living in the home and still receiving court appointed support from a social worker. In these instances, custody has not been returned to parents and the child remains a Foster Youth.

 

Educational Rights

In accordance with AB 490 foster youth have the right to:

  • Remain in their school of origin for the duration of the school year.
  • Immediately enroll in school even if they are missing records normally needed for school enrollment.
  • Attend a regular, mainstream school unless they have an IEP requiring a different educational placement, or the person with educational rights determines that it is in the child's best interest to attend a different educational program or remain in his/her school of origin.
  • Have their school records transferred in a timely manner (2 days).
  • Have their grades protected. A youth's grades cannot be lowered due to absences caused by a change in placement, attendance at a court hearing, or a court ordered activity.
  • Receive partial credits. Schools must award all students credit for full or partial coursework satisfactorily completed at another public school, a juvenile court school, or a non-public, non-sectarian school.
 

California Foster Youth Education Law Fact Sheets

 

Fact Sheet Number One-
Educational Rights and School Stability

Fact Sheet Number Two-
Educational Decision-Making for Foster Youth

Fact Sheet Number Three-
Early Care and Education

Fact Sheet Number Four-
Special Education

Fact Sheet Number Five-
School Discipline

Fact Sheet Number Six-
Foster Youth Graduation Exemption Requirements

Fact Sheet Number Seven-
Transition Services to Support College and Caree

 
School of Origin
 A foster child’s “school of origin” is (1) the school in which the child was last enrolled, (2) the school the child attended when permanently housed (i.e., prior to removal from the home), or (3) any other school the child attended within the immediately preceding 15 months to which the child feels connected. EC 48853.5(g). For additional considerations, see the Educational Rights and School Stability fact sheet.
 
Best Interest Determination (BID): A foster youth’s educational rights holder (ERH) determines whether it is in the youth’s best interest to remain in their school of origin. CRC 5.650(f). Foster youth have the right to remain in their school of origin if it is in their best interest; school of origin is the default. EC 48853.5(f).
 
If the child remains in their school of origin, transportation may be needed between the child’s foster care placement and school. Things to consider when deciding whether or not it's in the student's best interest to remain at their school of origin include the appropriateness of the current educational setting and the proxmity to the school in which the child is enrolled at the time of placement. For questions and assistance in determining the student's best interest in remaining in their school of origin, please contact the district Student Services Coordinator (Foster & HomelessYouth Liaison). AR 3541