COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 125
June 24, 2005
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Jo Lynne
DeMary Superintendent
of Public Instruction |
|
SUBJECT: |
School
Enrollment of Foster Care Children |
This memorandum provides information about state
legislation related to the enrollment of foster care children and contact information
for technical assistance. Enrollment requirements can be barriers for this
population of students, and this important piece of legislation is intended to
facilitate the enrollment, attendance, and success of foster care children in
public schools.
Senate
Bill 1006,enacted in Chapter
343, 2005 Virginia Acts of Assembly, addresses new requirements for the
enrollment of foster care children in the public schools and for the transfer
of such students scholastic records upon enrollment. This legislation becomes effective July 1, 2005. The Superintendent of Public Instruction and
the Commissioner of the Department of Social Services are required to issue
memoranda to inform school division superintendents and local social services
agencies of the provisions of this legislation.
SUMMARY OF CHANGES TO TITLE
22.1 OF THE CODE OF VIRGINIA RELATED TO EDUCATION
Definition of a Child in Foster Care
"A child or student placed in foster care"
means a pupil who is the subject of a foster care placement through an
entrustment or commitment of such child to the local social services board or
licensed child-placing agency pursuant to clause (ii) of the definition of
"foster care placement" as set forth in 63.2-100. (Section 22.1-3.4 of the legislation.)
Definition
of Receiving and Sending School Divisions
A "receiving school division" means the
school division in which the residence of the student's foster care placement
is located. A "sending school
division" means the school division in which the student last attended
school. (Section 22.1-3.4 of the
legislation.)
Assurance
for Expeditious Enrollment
Whenever a student has been placed in foster care by
a local social services agency, and the placing social services agency is
unable to produce any of the documents required for enrollment the student
shall immediately be enrolled; however, the person enrolling the student shall
provide a written statement that, to the best of his or her knowledge, sets
forth:
The student's age
Compliance with the requirements of 22.1-3.2,
and
That the student is in good health and is free from
communicable or contagious disease
See Attachment A for additional information.
The sending and receiving school divisions shall
cooperate in facilitating the enrollment of any child placed in foster care
across jurisdictional lines for the purpose of enhancing continuity of
instruction. The sending school division and the receiving school division may
agree to allow the child to continue to attend the school in which he or she
was enrolled prior to the most recent foster care placement, upon the agreement
of the placing social services agency that such attendance is in the best
interest of the child.
See Attachment B for additional information.
In the event the student is allowed to continue to
attend the school in which he or she was enrolled prior to the most recent
foster care placement, the receiving school division shall be accorded foster
children education payments pursuant to
22.1-101.1; further, the receiving school division may enter into financial
arrangements with the sending school division for the cost of educating foster
care children pursuant to subsection C of 22.1-5. (Section 22.1-3.4 of the legislation.)
School division personnel designated to handle
issues related to the enrollment and placement of foster care children in
school should work closely with their respective finance officers to ensure
that the school division providing education services to foster care children
is receiving payments either directly from the commonwealth or transferred from
another school division in accordance with this legislation and with 22.1-5C. Please note that this department will issue
instructions related to foster care payments, including references to this
legislation and superintendents memorandum.
Local/Intrastate Foster Care Placements - SB1006
states the following: Under no
circumstances shall a child placed in foster care be charged tuition regardless
of whether such child is attending the school in which he or she was enrolled
prior to the most recent foster care placement or attending a school in the
receiving school division. (Section 22.1-3.4 of the legislation.) Please note that this provision of the bill
addresses those foster care children placed through an entrustment of
commitment to a local Virginia social service board or Virginia licensed child-placing
agency.
Interstate Compact Placements - Please note that, in
cases where non-resident students are placed in foster care or other custodial
care or in a child-caring institution or group home by an out-of-state agency
or by a person who is the resident of another state through an Interstate
Compact placement agreement, the school division in which the student is
enrolled should charge tuition to the sending out-of-state agency or
responsible nonresident person pursuant to
22.1-101.1 D, of the Code of Virginia.
Upon receiving notice of a foster care placement of
a student across jurisdictional lines, the sending school division and the
receiving school division, as such school divisions are defined in 22.1-3.4, shall expedite the transfer of
the scholastic record of the student. (Section 22.1-289 of the legislation.)
SUMMARY OF CHANGES TO TITLE
63.2 OF THE CODE OF VIRGINIA RELATED TO SOCIAL SERVICES
Within 72 hours of placing a child of school age in
a foster care placement, as defined in
63.2-100, the local social services agency making such placement shall, in
writing (Section 63.2-900 of the legislation.),
Notify the principal of the school in which the
student is to be enrolled and the superintendent of the relevant school division
or his or her designee of such placement, and
Inform the principal of the status of the parental
rights.
If the documents required for enrollment of the
foster child pursuant to 22.1-3.1,
22.1-270
or 22.1-271.2,
are not immediately available upon taking the child into custody, the placing
social services agency shall obtain and produce or otherwise ensure compliance
with such requirements for the foster child within 30 days after the child's
enrollment. (Section 63.2-900 of the
legislation.)
Should questions arise regarding these changes to
Title 63.2 of the Code, school divisions should contact local social service
agencies, the Virginia Department of Social Services, or the licensed
child-placing agency that is working with a foster child.
School Division Responsibilities
The purpose of this legislation is to ensure that
foster care children in the Commonwealth have equal access to services offered
to other students in public school and are enrolled in a school division that
is determined to be in the child's best interest. Each school division has the
responsibility to:
Develop, review, and revise policies to eliminate
barriers related to the immediate enrollment of foster care children.
Generally, these barriers involve transportation issues and enrollment delays
caused by immunization requirements, residency requirements, lack of birth
certificates, school records, and other documentation, and guardianship issues.
Enroll each foster care child in the school that is
determined to serve the child most effectively. This determination would be
made upon agreement of the placing social services agency as well as the
sending and receiving school divisions.
School Division Contacts
School divisions are encouraged to coordinate all enrollment
efforts with social service agencies.
It is also recommended that school divisions consider designating
appropriate points of contact for foster care pupil enrollment within divisions
in order to ensure that all foster care children are enrolled in a streamlined
manner.
This legislation gives school divisions a critical responsibility for ensuring that foster care children are immediately enrolled in school, even in the absence of required documentation. Consequently, school divisions are encouraged to work closely with local social services agencies and other school divisions and affected entities to ensure that the educational services provided to a foster care student serve the best interest of the child. It is also recommended that all school divisions become familiar with the guidance issued by the Virginia Department of Social Services (VDSS) in its required communication regarding this legislation. This guidance will be provided to all school divisions as soon as it becomes available.
Should you have any questions about this
superintendents memorandum, please contact either Dr. Cynthia A. Cave,
director of student services, at (804) 225-2818 or cynthia.cave@doe.virginia.gov,
or Michelle M. Vucci, director of policy, at (804) 371-0558 or michelle.vucci@doe.virginia.gov. Any questions regarding the memorandum
issued by VDSS should be addressed to Therese A. Wolf, foster care program
manager at (804) 726-7522 or VDSS therese.wolf@dss.virginia.gov.
JLD/MMV/cb
Attachments
http://www.doe.virginia.gov/administrators/superintendents_memos/2005/inf125a.pdf
http://www.doe.virginia.gov/administrators/superintendents_memos/2005/inf125b.pdf