8. Foster Youth Education

Foster Care & Education Judicial Checklist

School Readiness

Children ages 0-3 assessed for Early Childhood Intervention (ECI) services. 34 C.F.R. Part 303

Children ages 0-5 enrolled in Early Head Start, Head Start, or Pre-Kindergarten. 45 C.F.R. § 1305.2; Tex. Educ. Code § 29.153(b)

School Stability

Child enrolled in and has transportation to current school. Tex. Educ. Code § 25.001(a)

Child remains in current school, regardless of additional placement changes. Tex. Educ. Code § 25.001(g); Tex. Educ. Code §25.001(g-1)

School changes occur at the end of grading periods. (BP)

School changes do not conflict with standardized testing or final exams. (BP)

Education Decision-Making

DFPS has conservatorship and designated an Education Decision-Maker (EDM). Tex. Fam. Code § 153.371

Parent retains or other person given specific education-related rights as appropriate. Tex. Fam. Code § 153.371

DFPS provided EDM Form 2085-E to child's school and information regarding the EDM filed with the court. Tex. Fam. Code § 263.004

Surrogate parent appointed to make decisions regarding special education if a foster parent is unwilling or unable to fulfill that role. Tex. Fam. Code § 263.0025

School Enrollment

Child must be enrolled in a new school within three school days if a change was required. Tex. Fam. Code § 264.115

Education record or credit transfer issues addressed by court as necessary. Tex. Educ. Code § 25.007(b)

School Placement and School Success Tex. Fam. Code § 263.306; Tex. Fam. Code § 263.5031

What does the child say about school and where wants to attend?

Child in an appropriate school.

Child progressing academically and on grade level.

Additional school supports addressed as needed.

Child involved in extracurricular activities.

Discipline issues addressed (truancy, suspension, expulsion, restraints).

Caregiver signed annual form to prohibit corporal punishment at school. Tex. Educ. Code § 37.0011

Post-Secondary Education Tex. Fam. Code § 263.306; Tex. Fam. Code § 263.5031

If the youth is at least grade 9, personal graduation plan created and graduation endorsement chosen (this is in addition to the Foundation High School Program in STEM, Business & Industry, Public Services, Arts & Humanities, or Multi-Disciplinary Studies). Tex. Educ. Code § 28.025

Child has a college or career plan. (BP)

Child and their caregivers know about high school graduation requirements and how to prepare and apply for post-secondary education. 42 U.S.C. § 677; Tex. Educ. Code § 54.366; Tex. Educ. Code § 54.367

Special Education 34 C.F.R. Part 300

If needed, child evaluated for special education services.

If eligible:

Date of child's last Admission, Review, and Dismissal (ARD) committee meeting.

Child has Individualized Education Program (IEP) that is current, appropriate, and in force.

Transition planning coordinated, beginning no later than age 14.

(BP) denotes a Best Practice