§ 9-27-103 - Continuity of educational services to foster children.
               	 		
9-27-103.    Continuity of educational services to foster children.
    (a)    (1)    (A)  It is the intent of the General Assembly that children in foster care:
                  (i)  Be entitled to the same opportunities to meet the academic achievement standards to which all children are held;
                  (ii)  Be assisted so that they are able to remain in their schools;
                  (iii)  Be placed in the least restrictive education placement; and
                  (iv)  Have the same access to academic resources, services, and extracurricular enrichment activities as all other children.
            (B)  Decisions regarding the education of children in foster care are to be based on the best interests of the children.
      (2)    (A)  The  following individuals who are directly involved in the care, custody,  and education of foster children should work together to ensure  continuity of educational services to foster children, including, but  not limited to:
                  (i)  Educators;
                  (ii)  The Department of Human Services;
                  (iii)  The Department of Education;
                  (iv)  The circuit courts presiding over the foster care cases;
                  (v)  Providers of services to foster children;
                  (vi)  Attorneys;
                  (vii)  Court-appointed special advocates; and
                  (viii)  Parents, guardians, or any person appointed by the court.
            (B)  The  individuals in subdivision (a)(2)(A) of this section shall ensure the  continuity of educational services so that foster children:
                  (i)  Remain in their schools of current enrollment whenever possible;
                  (ii)  Are  moved to new schools in a timely manner when it is determined to be  necessary, appropriate, and in their best interests under this section;
                  (iii)  Participate in the appropriate educational programs; and
                  (iv)  Have access to the academic resources, services, and extracurricular enrichment activities that are available to all pupils.
(b)    (1)  Foster children shall have continuity in their educational placements.
      (2)  The  Department of Human Services shall consider continuity of educational  services and school stability in making foster placement decisions.
      (3)  The  local school district shall allow the foster child to remain in the  child's current school and continue his or her education unless the  court finds that:
            (A)  The placement is not in the child's best interest; and
            (B)  It conflicts with any other provision of current law, excluding the residency requirement pursuant to    6-18-202.
      (4)  To  the extent reasonable and practical, the school district is encouraged  to work out a plan for transportation for the child to remain in the  child's current school.
      (5)  Except  for emergencies, prior to making a recommendation to move a child from  his or her current school, the Department of Human Services shall  provide to the following a written explanation that states the basis for  the recommended school change and how it serves the child's best  interest:
            (A)  The foster child;
            (B)  The child's attorney ad litem;
            (C)  The court-appointed special advocate, if appointed; and
            (D)  Parents, guardians, or any person appointed by the court.
      (6)    (A)  If  the court transfers custody of a child to the Department of Human  Services, the court shall issue an order containing the following  determinations regarding the child's educational issues:
                  (i)  Whether the child's parent or guardian may have access to the child's school records;
                  (ii)  Whether  the child's parent or guardian who has access to the child's school  records may obtain information on the current placement of the child,  including the name and address of the child's foster parent or provider;  and
                  (iii)  Whether the child's parent or guardian may participate in school conferences or similar activities at the child's school.
            (B)  If  the court transfers custody of a child to the Department of Human  Services, the court may appoint an individual to consent to an initial  evaluation of the child and serve as the child's surrogate parent under  the Individuals with Disabilities Education Act, 20 U.S.C.    1400 et  seq., as in effect on February 1, 2007.
(c)    (1)  Every school district shall identify a foster care liaison.
      (2)  The  school district shall forward the name of each foster care liaison and  the contact information to the Special Education Section of the  Department of Education at the beginning of each school year.
      (3)  The foster care liaison shall:
            (A)  Ensure and facilitate the timely school enrollment of foster children; and
            (B)    (i)  Assist  foster children when transferring schools by ensuring the transfer of  credits, records, grades, and any other relevant school records.
                  (ii)    (a)  Expedite the transfer of records.
                        (b)  When  a foster child changes school placement, the foster care liaison in the  new school shall request the child's education record, as defined by  the Department of Education's regulation, from the foster care liaison  in the child's previous school within three (3) school days.
                  (iii)  The  foster care liaison from the previous school shall provide all relevant  school records to the new school within ten (10) school days of receipt  of the request under subdivision (c)(3)(C)(ii)(b) of this section.
(d)    (1)  If  a foster child is subject to a school enrollment change, then the  foster child's caseworker shall contact the school district foster care  liaison within two (2) business days, and the new school must  immediately enroll the foster child even if the foster child is unable  to produce any required clothing or required records, including, but not  limited to:
            (A)  Academic records;
            (B)  Medical records; or
            (C)  Proof of residency.
      (2)  The  Department of Human Services shall provide all known information to the  school district that would have an impact upon the health and safety of  the child being enrolled or others in the school.
(e)    (1)  A  school district shall recognize the rights of a foster parent to make  education decisions for a foster child pursuant to the Individuals with  Disabilities Education Act, 20 U.S.C.    1400 et seq., if the foster  parent is qualified.
      (2)  A foster  parent may have educational rights with respect to consenting to the  individualized educational program and related services if the court has  specifically limited the educational rights of the parent and the child  is in foster care.
(f)  The grades of a child in foster care may not be lowered due to absence from school because of:
      (1)  A change in the child's school enrollment;
      (2)  The child's attendance at a dependency-neglect court proceeding; or
      (3)  The child's attendance at court-ordered counseling or treatment.
(g)  Each  school district shall accept credit course work when the child  demonstrates that he or she has satisfactorily completed the appropriate  education placement assessment.
(h)  If  a child completes the graduation requirements of his or her school  district while being detained in a juvenile detention facility or while  being committed to the Division of Youth Services of the Department of  Human Services, the school district that the child last attended before  the child's detention or commitment shall issue the child a diploma.
(i)  Nothing  in this section shall be interpreted to be in conflict with the  Individuals with Disabilities Education Act, 20 U.S.C.    1400 et seq.,  and regulations promulgated thereunder.
(j)  Notwithstanding  any of the provisions of this section, if it is in the best interests  of the child, a foster child may be placed in a nonpublic school,  including a private, parochial, or home school as long as no state or  federal funding is used for such placement.