1. (a) Educational continuity and responsibilities.

   1. (1)

      1. (A) All decisions regarding the education of children in foster care will be based on the best interest of the individual child.
      2. (B) To ensure the continuity of education for children in foster care, the Division of Children and Family Services shall work collaboratively with:

2. (i) Educators;

   1. (ii) School foster care liaisons;

      1. (iii) Other divisions of the Department of Human Services;

         1. (iv) The Department of Education;
         2. (v) The circuit courts,
         3. (vi) Providers of services to children in foster care;
         4. (vii) CASA;
         5. (viii) Parents;
         6. (ix) Guardians; and
         7. (x) Any person appointed by the court.

   2. (2)

      1. (A) The division shall consider the continuity of educational services and school stability when making placement decisions.
      2. (B) As such, the division will make every attempt to maintain the child’s enrollment in the school he or she attended prior to placement into foster care and in any subsequent placement moves while in foster care.
      3. (C) To this end, the division shall coordinate transportation issues with the local school district and provide other assistance that is reasonable and practical.

   3. (3)

      1. (A) When it is in their best interest, children in foster care shall be moved in a timely manner to a new school.

      2. (B) Except in the case of an emergency, prior to making a recommendation to move a child in foster care from their current school, the division shall provide a written explanation to the following:

         1. (i) The child in foster care;
         2. (ii) The child’s attorney ad litem;
         3. (iii) The CASA, if appointed; and
         4. (iv) Parents, guardians, and any persons appointed by the court.

   4. (4)

      1. (A) To ensure that children in the custody of the Department of Human Services receive a quality education, it is the division’s policy to enroll children in foster care only in schools accredited by the Department of Education.
      2. (B) This requirement also applies to children placed in residential facilities.

   5. (5)

      1. (A) It is the responsibility of the division to ensure that children in foster care are afforded educational opportunities, including academic resources, services, and extracurricular enrichment activities in order to help each child in foster care achieve his or her full potential.
      2. (B) Children in foster care shall be held to the same academic achievement standards to which all children are held and be placed in the least restrictive educational placement.
      3. (C) The local county office should be aware of educational resources in the community and across the state so that staff may access these resources for children in foster care.

   6. (6) School districts are required to:

      1. (A) Allow the child to remain in his or her current school unless the court finds that doing so is a conflict with other laws (not residency);
      2. (B) Work out a transportation plan that will allow the child to remain in his or her current school, to the extent reasonable and practical;
      3. (C) Designate a foster care liaison;
      4. (D) Accept credit coursework when the child satisfactorily completes the appropriate education placement assessment;

      5. (E) Refrain from lowering the grades of a child in foster care because of:

         1. (i) A change in school;
         2. (ii) Absence due to attendance at court-ordered treatment or counseling; and
         3. (iii) Absence due to attendance at dependency-neglect proceedings; and
      6. (F) Immediately enroll any child that has been moved to their district, even if the child does not have his or her school uniform, school records, immunization records, etc.

   7. (7) Schooling options.

      1. (A) Children in foster care shall attend public schools.
      2. (B) However, the Director of the Division of Children and Family Services may grant an educational waiver allowing a child to be placed in a nonpublic school, including a private, parochial, or home school if it is in the best interest of the child.
      3. (C) No state or federal funding may be used for such placement.
      4. (D) For a child in foster care to be enrolled in a nonpublic school or be home schooled, a certified mental health professional must present documentation stating that the nonpublic schooling is in the child’s best interests.
      5. (E) A child in foster care may receive home-bound instruction as part of their individualized education program (IEP).
      6. (F) Home schooling and home-bound instruction are two (2) different programs.
      7. (G) Home-bound instruction is a planned, time-limited program that is established and provided by the child’s school.
   8. (8) If a child is incapable of attending school on a full-time basis due to the medical condition of the child, the reason for which the child is deemed incapable of attending school must be certified by a medical professional and be supported by regularly updated information in the case plan of the child.

   9. (9)

      1. (A) If a child in foster care is currently enrolled in a “school improvement” school as determined by the Department of Education the child’s case can be staffed to assess the child’s progress at that school.
      2. (B) If the child is progressing at the current school he or she can remain at that school, or the child can transfer to another school if it is in the child’s best interest to do so.
      3. (C) The Foster Care Manager will review the Department of Education website quarterly to determine the “school improvement” schools and notify the appropriate County Supervisor of the information.

   10. (10) Each public education agency would be expected to ensure that the rights of a child are protected if:

       1. (A) No parent can be identified;
       2. (B) The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or
       3. (C) The child is a ward of the State of Arkansas under the laws of this state.

   11. (11) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing determinations on whether the child’s parent or guardian may:

       1. (A) Have access to the child’s school records;
       2. (B) Obtain information on the child’s current placement, including the name and address of the foster parents or provider; and
       3. (C) Participate in school conferences or similar activities at the child’s school.

3. (b) Surrogate parent provisions for IDEA.

   1. (1)

      1. (A) If custody of a child is transferred to the Department of Human Services, the court may also appoint an individual to consent to an initial evaluation of the child and serve as the child’s surrogate parent under Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.
      2. (B) If the court orders that the child’s parent or parents shall have no involvement in the child’s educational planning, the Department of Human Services shall ask the child’s foster parent or appropriate biological relative to act as the surrogate parent.
      3. (C) If the child’s parent is a partner in planning and overseeing the child’s education as a member of the IEP team, a surrogate parent is not necessary.
      4. (D) The child’s parent, if permitted by the court to participate, may request that a family member or the foster parent act as the surrogate parent.
      5. (E) The appointed family member or foster parent will not be required to undergo surrogate parent training and will be discharged once the child’s parent is ready to resume involvement.
      6. (F) If the family member or foster parent has not received surrogate parent training and would like to, the Local Education Agency (LEA) Special Education Supervisor or designee can assist in coordinating the surrogate parent training for the foster parent.

   2. (2)

      1. (A) If the division is unable to locate the child’s parent, the parent or parents are not involved in the case, or the parent’s rights have been terminated, the division shall request that the child’s foster parent be assigned as the surrogate parent, if appropriate.
      2. (B) If the foster parent has not received surrogate parent training, and would like to, the LEA Special Education Supervisor or designee can assist in coordinating the surrogate parent training for the foster parent.
   3. (3) Transition planning is a required component of the IEP for children sixteen (16) years of age and older.

   4. (4) Children in foster care special education needs.

      1. (A) Due to the special education needs of many children who enter foster care, it is necessary to assess and identify educational needs early in the casework process.
      2. (B) A comprehensive health assessment must be completed on each child in foster care within sixty (60) calendar days of removal from home (see 9 CAR § 40-721, comprehensive health assessment and health plan, for children receiving out-of-home placement services).
      3. (C) The comprehensive health assessment includes assessments of cognition/achievement, speech/language development, hearing, vision, medical, emotional, and behavioral development which can be used by the child’s school in the process of determining the child’s need for services.
      4. (D) The University of Arkansas for Medical Sciences Project for Adolescent and Child Evaluation (UAMS PACE) program is responsible for conducting the comprehensive health assessments and will make recommendations concerning the child’s educational needs and referrals for special education services.

   5. (5)

      1. (A) The Individuals with Disabilities Education Act (IDEA) states that the Department of Education ensures that all children with disabilities three (3) years of age to twenty-one (21) years of age residing in the state have the right to and availability of a free appropriate public education including children with disabilities who have been suspended or expelled from school.
      2. (B) Free appropriate public education (FAPE) also requires that the services provided to a child with disabilities under this part must address all of the child’s identified special education and related service needs.
      3. (C) The services and the change of placement needed by each child with a disability to receive FAPE must be based on the child’s unique needs and not on the child’s disability.
      4. (D) Each public education agency shall implement child-find requirements to identify, locate, and evaluate all children with disabilities.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "04/2012"