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SACRAMENTO
CHILD ADVOCATES
EDUCATIONAL RIGHTS Educational
Advocacy Program
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Educators
and policymakers often point out that parents
are children’s first and most enduring
teachers. Indeed, no bond is more fundamental
and life-defining than the one between parent
and child. Children in foster care or out-of-home
care, however, have had that crucial bond broken,
frayed, or interrupted through no fault of their
own. Traumatized first by the maltreatment,
neglect, or abuse that brings them to the attention
of the CPS, then by their removal from their
family, and possibly yet again by their experiences
in the foster care system, these children are
among our most vulnerable. For almost 5,000
children and youth who are involved in the dependency
system in Sacramento County each year, a solid
education is their best hope - in some cases,
their only hope - of achieving independence
and success in adulthood.
A quality education builds on a foundation of
educational continuity and school stability.
Unfortunately, too many children in foster care
experience multiple placement changes, and changes
in home placement frequently result in a change
in school placement. Every school change has
a significant impact on a student’s education.
Whenever students enter a new school, they must
adapt to different curricula, different expectations,
new friends, and new teachers. A stable school
environment provides children with opportunities
to develop positive relationships with supportive
and caring teachers, school counselors, and
classmates.
These relationships, and an established school
routine, often provide a measure of protection
from the disruption
and uncertainty associated
with out-of-home care. Hence, both school stability
and uninterrupted attendance are necessary.
In 2005, SCA started its Educational Opportunity
Program (EOP) under an Equal Justice Works fellowship
grant.
Prior to SCA’s hosting of this
project, Sacramento County did not have an educational
advocacy program for youth in out of home care.
The EOP remains the sole project dedicated to
the direct representation of legal educational
rights of this youth population in our county.
The project’s primary focus was to achieve
wide-scale implementation of
AB-490,
sometimes referred to as the foster care educational
bill of rights -
Under
CA Law (AB490) youth in foster care have
the rights to:
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Have a willing and available adult
represent their best educational interests;
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Stay in your same school, even after
they enter foster care, and even if they change
placements; |
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Get help from the
Foster
Care Education Liaison in their school
district (every district must have one)
to
protect their education rights, help them
to enroll, and help them get their credits; |
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Be free from any discipline or punishment
for missing school because of court-related
activities, like
hearings or other court-ordered
meetings scheduled within school hours; |
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Receive immediate enrollment in a
new school, if that's in their best interest,
even if they are missing
some of your school
and/or health records, or don't have a uniform
yet; |
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Have their school records transferred
to your new school within 2 business days,
if they do move
schools - to make sure they
get their credits and are enrolled in the
right classes; |
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Receive full or partial credit for
their attendance and the school work they
completed before moving
schools.
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However, the project was greatly expanded
due to the demands of this population’s
special education requirements as well as
related due process violations that this population
faces.
All California school districts must have
a promotion/retention policy that provides
for the identification of pupils who are at
risk of being retained in their current grade
level. Students so identified may be eligible
for interventions, such as tutoring, summer
school or other services “to assist
the pupil to attain acceptable levels of academic
achievement.” Parents must be provided
notice when a pupil is identified as being
at risk for retention and such notice must
be provided as early in the school year as
practicable. Educ. Code §§ 48070-48070.5.
Many foster youth are academically “at
risk” and, thus, may be “at risk
for retention.” It is important that these
students have access to the opportunities for
remedial instruction mandated by statute and
that a parent or the person who retains educational
decision-making rights for a foster youth receives
proper notice concerning retention, especially
since students identified as “at risk
for retention” are often given priority
enrollment status for summer school.
Select the links below
for more information:
For more information
about SCA
please call
916-364-5686.
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