Educational Liaisons:

Improving Educational Outcomes for Children and Youth

in the State’s Care    

Children’s Law Institute January 7, 2015

Tara Ford, Pegasus Legal Services for Children

Rachel Velcoff Hults, FosterEd Andrea Molina, FosterEd: Arizona

Supplementary Materials

1. New Mexico Court Order establishing the Joint Education Task Force

2. Press Release on the Joint Education Task Force

3. Records Request Letter from the New Mexico Children, Youth and Families Department

4. Presentation on the Records Request Letter

5. FosterEd: Arizona Referral Checklist

 

FINAL For Immediate Release April 10, 2014 Angela Peinado, PhD Statewide Program Manager Administrative Office of the Courts aocaxp@nmcourts.gov (505) 490-3324

The New Mexico Supreme Court Issues Education Task Force Report Recommendations to Help

Foster Care Children Succeed in School

In  December  2012,  The  New  Mexico  Supreme  Court  established  a  Joint  Education  Task  Force.  The  Task  Force,  co-­‐chaired  by  Justice  Petra  Jimenez  Maes  and  Governor  Susana  Martinez,  was  charged  with  providing  the  Court  with  collaborative  advice,  recommendations,  and  proposed  strategies  for  addressing  the  educational  needs  of  high  risk  children  and  youth  particularly  children  and  youth  in  the  state’s  custody.      Justice Maes pointed to national statistics that painted a bleak future for those children who find themselves in the child welfare system:

• Foster children have lower grade point averages, change schools more frequently, earn fewer credits toward high school graduation, have lower scores on state testing, and are more likely to be exempted from state testing.

• Foster children are more likely to be in special education programs with disproportionate representation in classes that are segregated.

• A number of recent studies revealed that only about 56% of youth in foster care as older adolescents graduate from high school.

• Studies also show that only 13% of former foster youth go on to college, compared to about 60% of all high school seniors.

• Only 3% of former foster youth will eventually graduate from college, as compared to about 27% of the general adult population.1

 The  Supreme  Court  also  required  that  the  Task  Force  submit  a  report  to  the  Court,  the  Governor,  the  Legislature,  the  Secretary  of  the  Public  Education  

                                                                                                               1 Casey Family Programs’ Endless Dream Curriculum (2005)

  2  

Department,  and  the  Secretary  of  the  Children,  Youth,  and  Families  Department.    The  Task Force Report and Recommendations was approved by the Supreme Court on April 2, 2014. The Task Force identified three categories of challenges and barriers to educational success: communication and data sharing, school changes and transfers, and school disciplinary and suspension policies. The four goals to address these challenges will be:  

• Improve cross-system communication; • Create a shared data agenda and implement cross-system data sharing; • Ensure seamless transitions for children and youth who change school; and • Identify effective youth supports to prevent school dropout, truancy, and

disciplinary actions.

“It has long been recognized the importance of improving educational outcomes for children and youth in the foster care system,” said Petra Jimenez Maes, Senior Justice of the New Mexico Supreme Court and co-chair of the Joint Education Task Force. Without educational success, foster youth are ill-equipped to support themselves as adults: over 22% of former foster children experience homelessness, and almost 25% will be incarcerated within two years of leaving the child welfare system. The Task Force has launched two projects. The first one is to work with the National Center for Youth Law on the FosterEd: New Mexico initiative. This project is a collaborative partnership between critical organizations in social services, courts, and education and will result in foster care and juvenile justice children being able to realize their educational dreams. The funding for this project is supported by the Casey Family Programs. The FosterEd Initiative (www.Foster-Ed.org) will improve the educational outcomes of the hundreds of school-age foster care children living in New Mexico. “Educational stability is critical to improving educational outcomes. Children and youth in care should remain in their schools of origin, when feasible. If school changes must occur, the transition should be seamless,” said Secretary Yolanda Deines, Children, Youth, and Families Department. Another initiative is to host an Education Summit in October 2014 to address the barriers to children in care succeeding in school and to generate solutions for overcoming these barriers. “Every student in New Mexico has the potential for greatness” said Hanna Skandera, Secretary for the Public Education Department “and making sure every child has the opportunity to reach that potential is the goal of this effort.”

The Supreme Court authorized the Joint Education Task Force to continue its work as proposed in its reports and recommendations to identify strategies to address the educational needs of children and youth in the state’s custody and other high risk youth. Justice Maes stated, “As collaborative partners we know that educational success increases the likelihood that our youth will be successful adults.”

P R O T E C T I V E S E R V I C E S P . O . D R A W E R 5 1 6 0 • S A N T A F E , N . M . • 8 7 5 0 2 P H O N E : ( 5 0 5 ) 8 2 7 - 8 4 0 0 • F A X : ( 5 0 5 ) 8 2 7 - 8 4 8 0

ATTN: ____________________, Principal, _______________(name of school)

FROM: ___________________, NMCYFD, Protective Services

PHONE: __________________

FAX#:_____________________

EMAIL: ____________________

I am a case worker with the State of New Mexico Children Youth and Families Department (the

Department), Protective Services Division, and I am working with __insert child’s name , a

student at your school. __insert child’s name is currently in the custody of the Department

and has been placed in foster care. I am attaching the court order stating that above mentioned child is

currently in the Department’s custody. The information contained in this letter and the attached court

order are confidential; and may not be released to anyone other than the school staff for the purpose

of addressing this child’s educational needs. §32A-4-33 of the New Mexico Children’s Code.

The Department is providing you the following contact information. For day-to-day contact regarding the student’s needs, such as requesting signatures for the student to attend field trips or calling should the student be ill at school, please contact the foster parents: _____________________(FOSTER PARENT(S))

_____________________(ADDRESS)

_____________________(ADDRESS)

_____________________(PHONE NUMBER)

State of New Mexico CHILDREN, YOUTH and FAMILIES DEPARTMENT

YOLANDA BERUMEN-DEINES CABINET SECRETARY JENNIFER PADGETT DEPUTY CABINET SECRETARY

SUSANA MARTINEZ GOVERNOR JOHN SANCHEZ LIEUTENANT GOVERNOR

Revised 06/24/14

The Department requests that you provide all of the following records for the child named in this letter within forty-eight hours to enable the Department and the child’s attorney to understand the student’s educational needs:

1. student identification number (ID) utilized in STARS; 2. district identification number; 3. student transcript; 4. any progress reports not included on transcript; 5. student attendance records in the last year; 6. student discipline records 7. most current year Mandated Standardized Test Results 8. current student Individualized Education Program (IEP) 9. Student English Language Learner (ELL) status 10. Student Next Step Plan 11. Student health records maintained by the school, 12. Student Assistance Team; (including FBA and BIP) 13. Health & Wellness Team Referrals (APS only)

__________________________________________________________________________________ All individuals who will have access to the provided educational records are bound by confidentiality under §32A-4-33 of the New Mexico Children’s Code and the Family Education Rights and Privacy Act and will not re-release the records to others unless permitted to do so by law. At the present time, (insert parent name unless otherwise court-ordered) is authorized to make

educational decisions for (insert child’s name ). It is important that (insert name of

education decision maker) be invited to meetings regarding __insert child’s name__ while

he/ she is in foster care. In addition, please give notice to the Department of school meetings regarding

(insert child’s name ) by contacting (insert caseworker name ) at (insert

number ). The Department will inform you in the event that the person authorized to make

educational decisions (EDM) for the child or the Department contact person changes. So that you can

easily notify __insert child’s name__ (insert parent name unless otherwise court ordered)

(EDM) about meetings, the education decision maker’s information is:

____________________ ______________________ (EDM ) (EDM2 if 2nd PARENT or 2nd FOSTER PARENT)

___________________ _______________________ (ADDRESS) (ADDRESS) ___________________ _______________________ (ADDRESS) (ADDRESS) __________________ ____________________ (PHONE NUMBER) (PHONE NUMBER) ________________________________________ Authorized Signature

New$Mexico$Joint$Educa1on$Task$Force$$$$$$$

Educa1onal$Stability$Informa1on$Exchange$Form$

What$is$WellAbeing?$

NEW MEXICO JOINT EDUCATION TASK FORCE

Governor'

Supreme'Court'

Public'Educa6on'Department'

Children,'Youth'and'Families'Department'

YES!$

YES!$

ATTN: ____________________, Principal, _______________(name of school)

FROM: ___________________, NMCYFD, Protective Services

PHONE: __________________ FAX#:_____________________

EMAIL: ____________________

State of New Mexico CHILDREN, YOUTH and FAMILIES DEPARTMENT

YOLANDA BERUMEN-DEINES CABINET SECRETARY JENNIFER PADGETT DEPUTY CABINET SECRETARY

SUSANA MARTINEZ GOVERNOR JOHN SANCHEZ LIEUTENANT GOVERNOR 1. This portion to be filled out by the Permanency Planning Worker (PPW).

- Fill out the name of your school contact - Fill out your name and contact information.

I am a case worker with the State of New Mexico Children Youth and Families

Department (the Department), Protective Services Division, and I am working with

__insert child’s name , a student at your school. __insert child’s name

is currently in the custody of the Department and has been placed in foster care. I

am attaching the court order stating that above mentioned child is currently in the

Department’s custody. The information contained in this letter and the attached

court order are confidential; and may not be released to anyone other than the

school staff for the purpose of addressing this child’s educational needs. §32A-4-

33 of the New Mexico Children’s Code.

2. This portion to be filled out by the PPW -Include a copy of the Custody Order from the Court. -Check with your Legal Department for any needed redactions. -Provide updates to any of the initial information provided.

The Department is providing you the following contact information. For day-to-day contact regarding the student’s needs, such as requesting signatures for the student to attend field trips or calling should the student be ill at school, please contact the foster parents:

Foster Parent Contact information:

Foster Parent Name

Second Foster Parent Name

Address 1

Address 2

Phone Number 1

Phone Number 2

The Department requests that you provide all of the following records for the child named in this letter within forty-eight hours to enable the Department and the child’s attorney to understand the student’s educational needs:

1. student identification number (ID) utilized in STARS; 2. district identification number; 3. student transcript; 4. any progress reports not included on transcript; 5. student attendance records in the last year; 6. student discipline records 7. most current year Mandated Standardized Test Results 8. current student Individualized Education Program (IEP) 9. Student English Language Learner (ELL) status 10. Student Next Step Plan 11. Student health records maintained by the school, 12. Student Assistance Team; (including FBA and BIP) 13. Health & Wellness Team Referrals (APS only)

__________________________________________________________________________________ All individuals who will have access to the provided educational records are bound by confidentiality under §32A-4-33 of the New Mexico Children’s Code and the Family Education Rights and Privacy Act and will not re-release the records to others unless permitted to do so by law.

All individuals who will have access to the provided educational records are bound by confidentiality under §32A-4-33 of the New Mexico Children’s Code and the Family Education Rights and Privacy Act and will not re-release the records to others unless permitted to do so by law.

At the present time, (insert parent name unless otherwise court-ordered) is

authorized to make educational decisions for (insert child’s name ).

It is important that (insert name of education decision maker) be invited to

meetings regarding __insert child’s name__ while he/ she is in foster

care. In addition, please give notice to the Department of school meetings

regarding (insert child’s name ) by contacting (insert caseworker

name ) at (insert number ). The Department will inform

you in the event that the person authorized to make educational decisions (EDM)

for the child or the Department contact person changes. So that you can easily

notify __insert child’s name__ (insert parent name unless otherwise court

ordered) (EDM) about meetings, the education decision maker’s information is:

____________________ ______________________ (EDM ) (EDM2 if 2nd PARENT or 2nd FOSTER PARENT) ___________________ _______________________ (ADDRESS) (ADDRESS) ___________________ _______________________ (ADDRESS) (ADDRESS) __________________ ____________________ (PHONE NUMBER) (PHONE NUMBER) ________________________________________ Authorized Signature

Schools$A$Example$

Date$Request$Received$'

Date$Records$Sent'

Date$Educa1onal$Decision$Maker$Updated'

Date$Student$Contact$Card$updated$' Other'

Date$Request$Received$'

Date$Records$Sent'

Date$Educa1onal$Decision$Maker$Updated'

Date$Student$Contact$Card$updated$' Other'

1/13/2014$ 1/14/2014$$$ $$ Notes$ $$ $$ $$ $$ $$1/14/2014$ 2/3/2014$ 2/3/2014$$$ Emailed$GAL,$Fax$AWy$1/13/14$ $$ $$ $$ $$ $$1/14/2014$$$ $$ $$ Emailed$GAL,$Fax$AWy$1/13/14$ $$ $$ $$ $$ $$1/15/2014$$$ $$ $$ Emailed$GAL,$Fax$AWy$1/14/14$ $$ $$ $$ $$ $$

$$ 2/3/2014$$$ $$emailed$worker.$Need$Ex$Parte...$received$1/16/14$ $$ $$ $$ $$ $$

1/16/2014$$$ $$ $$emailed$worker.$Need$Ex$Parte...$received$1/15/14$ $$ $$ $$ $$ $$

1/16/2014$$$ $$ $$emailed$worker.$Need$Ex$Parte...$received$1/15/14$ $$ $$ $$ $$ $$

2/20/2014$$$ $$ $$emailed$worker$1/16.$Need$Ex$Parte$Emailed$again$2/18$ $$ $$ $$ $$ $$

2/20/2014$$$ $$ $$emailed$worker$1/16.$Need$Ex$Parte$Emailed$again$2/18$ $$ $$ $$ $$ $$

1/21/2014$ 2/3/2014$$$ $$ Created$1/21$$ $$ $$ $$ $$ $$1/24/2014$$$ $$ $$ created$1/21$ $$ $$ $$ $$ $$

Protec1ve$Services$A$Example$

Date$Request$Delivered'

Date$Records$Received'

Date$Records$Filed' Other'

Date$Request$Delivered'

Date$Records$Received'

Date$Records$Filed'

Reason$for$New$Form'

Date$Request$Delivered'

Date$Records$Received'

Date$Records$Filed'

Reason$for$$New$Form'

1/13/2014$ 1/14/2014$$$ Notes$ $$ $$ $$ $$ $$ $$ $$ $$

1/14/2014$ 2/3/2014$ 2/3/2014$

Emailed$GAL,$Fax$AWy$1/13/14$ $$ $$ $$ $$ $$ $$ $$ $$

1/14/2014$$$ $$

Emailed$GAL,$Fax$AWy$1/13/14$ $$ $$ $$ $$ $$ $$ $$ $$

1/15/2014$$$ $$

Emailed$GAL,$Fax$AWy$1/14/14$ $$ $$ $$ $$ $$ $$ $$ $$

$$ 2/3/2014$$$

emailed$worker.$Need$Ex$Parte...$received$1/16/14$ $$ $$ $$ $$ $$ $$ $$ $$

1/16/2014$$$ $$

emailed$worker.$Need$Ex$Parte...$received$1/15/14$ $$ $$ $$ $$ $$ $$ $$ $$

•  Example:$$To:$je_@nmcourts.gov$From:$County.Officemanager.state.nm.us$Subject:$10_2014_Torrance$$AWach$sheet$if$there$is$data$OR$Put$“No$Data”$in$the$body$of$the$email$$

Subject$line:$Month_Year_County_$

Ready?$Here$we$go!$

Annamarie$Luna:$annamarie@state.nm.us$

Danielle$Johnston:$daniellejohnston2@state.nm.us$

Gloria$Rendon:$gloria@nmcel.org$

Beth$Collard:$aocbac@nmcourts.gov$

Angela$Peinado:$aocaxp@nmcourts.gov$

Laura$Nelson:$laura.nelson@state.nm.us$Trent$John:$trent.john@state.nm.us$

6/26  

Date of referral ________________ FosterEd Referra l Check l is t Please complete the form in its entirety and return to your sites FosterEd Education Liaison. Child Name ______________________________________DOB ______________________

Current School/District____________________________________________ Grade _______

DCSFS Caseworker_________________________________________ ext. _______________

DCSFS Supervisor __________________________________ DES office __________________

Scheduled TDM date_____________________ time__________ location__________________

Factors Y or N 1 Child has(select all applicable)

an IEP______ 504_______ is an English Language Learner______

2 Reported attendance issues If so, How many days missed in the current school year?

3 Potential educational champion Is there someone already part of the child’s life who you believe to be a good candidate for Educational Champion? If so, who and what is their relation to the child?

4 Has this child or his/her siblings been part of a previous dependency? 5 Is the child in danger of being retained or not on track for graduation?

If so, please give any pertinent details:

6 Reported discipline issues negatively effecting education If so, please give any pertinent details:

7 School mobility has had a negative effect on education If so, How many schools has the child attended in the past academic school year? Also, please give any pertinent details:

8 Student is academically behind (i.e. low reading scores, not passing AIMS, etc.) If so, please give any pertinent details:

9 At time of removal, student was enrolled in and currently receiving mental health services. Name of provider organization: