SB 1000
Establishes educational rights for foster care students and requires a full school day of education for certain children
Sponsor:
LR Number:
3989S.05I
Last Action:
5/16/2008 - S Informal Calendar S Bills for Perfection--SB 1000-Justus
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2008

Current Bill Summary

SB 1000 – This act establishes the "Foster Care Education Bill of Rights." Each school district must designate a staff person to be an educational liaison for foster care children. This liaison would assist with proper educational placements, transferring between schools, ensuring transfer of grades and credits, requesting school records, and submitting school records that have been requested.

A child placing agency will promote educational stability for foster care children when making placements. A foster care child may continue to attend his or her school of origin pending resolution of a dispute. The Department of Elementary and Secondary Education will promulgate rules and regulations for assigning transportation costs for pupil placement resulting from a dispute resolution. Each school district must accept for credit any full or partial course work satisfactorily completed by a pupil while attending certain schools. A pupil who completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court will receive a diploma from the school he or she last attended before detention. The school district superintendent may also issue the diploma.

If a foster care pupil is absent from school because of a change in placement by the court or child placing agency, or because of a verified court appearance or related court-ordered activity, the pupil's grades and credits will be calculated as of the date the pupil left school. Such absence will not result in a lowering of the pupil's grades.

School districts are authorized to permit access of pupil school records to a child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with the school transfer or placement of a pupil.

Each child who is in foster care or who is placed in a licensed residential care facility is entitled to a full school day of education unless the school district determines that fewer hours are warranted. A full school day is defined as six hours under the guidance and direction of teachers in the education process for children in foster care or for children placed for treatment in a licensed residential care facility by the department of social services. The child's family support team may seek mediation with the school district if it disagrees with the school district's determination.

The Department of Elementary and Secondary Education must implement procedures and policies to allow parties to resolve disputes through mediation. The Department must pay for the mediation costs and maintain a list of qualified mediators. Discussions that occur during the mediation process are confidential and may not be used in court or administrative proceedings as described in the act. For children placed for treatment in a licensed residential care facility by the Department of Social Services, the Commissioner of Education will appoint an ombudsman to assist the family support team and school district. The ombudsman will have the final decision over discrepancies regarding school day length. A full school day of education will be provided pending the ombudsman's final decision.

Provisions contained in this act are similar to SB 630 (2007).

MICHAEL RUFF

Amendments