Purpose and Introduction

The Oklahoma State Department of Education (OSDE) in collaboration with the Oklahoma Department of Human Services (OKDHS) and stakeholders have developed the Foster Care State Plan and herein issued guidance to assist Local Educational Agencies (LEAs) in the State of Oklahoma in meeting their obligations under the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015.

The guidance in the Foster Care State Plan is intended to eliminate barriers to the enrollment, attendance, and school success of children and youth in foster care, and provide such children and youth with the opportunity to meet the same challenging State academic achievement standards to which all students are held. The guidance will ensure that foster care children and youth have access to the same free, appropriate public education, including public preschool education, as provided to other children and youth, and that students in foster care are not separated from the mainstream school environment because of foster care placement.

Children in foster care often and inadvertently change schools, which along with enrollment delays and record transfers can have a significant disruptive impact on their academic progress. Studies have shown that children in foster care face an increased risk of grade retention, gaps in academic achievement, low high school graduation rates, and postsecondary enrollment.

Recognizing these adverse educational outcomes, the new foster care provisions under Title I of ESSA require State Educational Agencies (SEAs) and LEAs to collaborate with Child Welfare Agencies (CWAs) to ensure educational stability and minimize educational disruptions for children in foster care.

Among other provisions, the educational stability includes assurances that (1) a child in foster care will remain in the child’s school of origin, unless a determination is made that it is not in the child’s best interest to remain in that school and (2) if a determination is made that it is not in the child’s best interest to remain in the school of origin, the child will be immediately enrolled in the school of residence, even if the child is unable to produce records normally required for enrollment. These will help ensure that children in foster care experience minimal disruption to their education during moves and placement changes. In implementing these provisions, SEAs, LEAs, and CWAs must ensure compliance with other applicable laws, such as Title VI of the Civil Rights Act of 1964 (Title VI), the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), among others. Taken in totality, these provisions promote greater stability for children in foster care so that they can continue their education without disruption, maintain important relationships with peers and adults, and have the opportunity to achieve college- and career-

Best Interest Determination

A committee will meet to determine the appropriate placement of each foster care child. The

committee will comprise of the site administrator or LEA representative, the FCC, and a member of the CWA. The committee will make a joint determination in regards to the best interest of the child.

Individuals who may have knowledge of the child may include, but are not limited to:

a. MPS representative

b. Tribal Welfare Worker

c. District FCC

d. The child

e. The child’s birth parents (if allowed)

f. The child’s foster parents

g. Assigned Surrogate Parents

h. School Administrator

i. Classroom teacher(s)

j. School Counselor and/or Social Worker

k. Special Education representative

l. Child’s Attorney

m. CASA

n. Student Support staff

o. School Nurse or other medical provider

Factors used to determine Best Interest may include, but are not limited to:

a. Child’s age

b. Child’s emotional needs

c. Child’s educational programming needs

d. Siblings and where they attend

e. Safety needs

f. Length of time expected at placement and permanency goal

g. Location of placement and/or length of travel and impact on education

h. Preference of child, parents or foster parents

i. Time remaining in academic year

j. School continuity

k. School climate needs

l. Availability of classes and credit loss

m. The child’s status as a student with a disability under IDEA, the level of services needed

and availability in the school.

n. The child’s status as ELL, language services needed, and availability in the school.

*Documentation of Best Interest of the child will be on MPS Best Interest Determination Form or OKDHS Best Interest Determination Form.

** In the event of emergency circumstances, OKDHS has the authority to make an immediate decision regarding school placement, and then consult with FCC to re-visit the Best Interest Determination.

Enrollment

Foster care children may be brought to school for enrollment by their foster parents, social workers or other legal guardians. The child shall be immediately enrolled in the school of residence by the child’s foster parent or caseworker. To prevent educational discontinuity, enrollment must not be denied or delayed for children in foster care because documentation is not provided.

The receiving school shall immediately contact the FCC to identify student as foster care. The school and/or FCC will immediately contact OKDHS caseworker and the last school attended to obtain relevant records. 

After enrollment, legal custody documents shall be provided for verification. Examples include Power of Attorney, Order of Removal, Placement Agreement, or written verification on OKDHS letterhead with badge.

IDEA Students

The IDEA, Part B directs school districts must make a Free Appropriate Public Education (FAPE) available to all eligible children with disabilities in the Least Restrictive Environment (LRE). FAPE under IDEA includes the provision of special education and related services at no cost to the parents in accordance with a properly developed Individualized Education Program. 

Each child’s placement decision must be made by a group of knowledgeable persons. The Millwood Public School District will operate in accordance with all state and federal laws regarding special education students. Special education services will be provided to foster care students as they are to all students, following the guidelines below.

Ø Educational Placement will be determined annually and will be based on the child’s IEP in

accordance with the child’s individual needs.

Ø The child will be placed in the least restrictive environment and unless they require some other

arrangement, they will attend the school that he/she would attend if not disabled.

Ø Timely and expedited evaluations and eligibility determinations for highly mobile children with

disabilities will be made when possible.

Ø Children in foster care will have access to related aids and service3s that are designed to meet

their educational needs.

Ø Children will have access to comparable services including summer and extended year services if

applicable.

Ø Children in foster care will not be discriminated against and are considered a protected group. 

ELL Students

Millwood Public School District will ensure that EL students in foster care will participate

meaningfully and equally in educational programs by doing the following:

Ø Identifying and assessing all potential EL students in a timely, valid and reliable manner;

Ø Provide EL students with a language assistance program that is educationally sound and proven successful;

Ø Sufficiently staff and support the language assistance programs for EL students;

Ø Ensure that EL students have equal opportunities to meaningfully participate in all curricular and extra-curricular activities;

Ø Avoid unnecessary segregation of EL students;

Ø Ensure that EL students with disabilities are evaluated in a timely and appropriate manner for

special education and disability-related services and that their language needs are considered in these evaluations and delivery of services;

Ø Meet the needs of EL students who opt out of language assistance programs;

Ø Monitor and evaluate EL students in language assistance programs following federal guidelines;

Ø Continue to evaluate the effectiveness of school district’s language assistance program and progress of each student.

Ø Ensure meaningful communication with the parents/guardians of the student.

Disputes

If there is a disagreement regarding school placement for a child in foster care, the CWA (OKDHS) should be considered the final decision maker in the Best Interest Determination. The CWA (OKDHS) is uniquely positioned to assess vital non-educational factors such as safety, sibling placements, the child’s permanency goal, and other components in the case plan.

Student Records

Millwood Public School District will share education records with CWAs that are allowed under

FERPA. This allows educational agencies to disclose without parental consent to educational records, including IDEA, of students in foster care to State and Tribal agencies. This also allows distribution of records without consent of a parent to Law Enforcement and CWAs for the purpose of investigation of child abuse or neglect, even if the student is not in foster care.

Transportation

Millwood School District will collaborate with the CWA to develop and implement clear

written procedures governing how transportation is provided to maintain children in foster care in their schools of origin. The District will also work with the CWA to reach an agreement in regards to covering the transportation costs. The agreement will cover how the transportation will be provided, arranged, and funded for the duration of the child’s time in foster care. Each agreement can/will vary greatly because the needs of each child will be considered in making transportation decisions. 

The regular transportation policies by the District will be followed in transporting foster care students. Drivers will be appropriately licensed, certified, and with the required DMB and background checks. Various public school vehicles may be used to transport students depending on the circumstances. Students that must be transported out of state will be school board-approved as required by Oklahoma Law.

Students living in Millwood Public School District boundaries, but attending other school districts will need to contact the school of origin for setting up transportation. ESSA guidelines are designed to allow foster students to have an equal educational opportunity as other students. Transportation cannot be set up for foster students that would not be set up for other students. Examples include return trips home from school after extra-curricular activities or activities that require a parent to transport students to and from the school outside normal hours.