This section modifies existing section 28A.150.510. Here is the modified chapter for context.
2.
For the purposes of this section, "students who are the subject of a dependency proceeding" means a child or youth who is school aged, located in Washington state, and who is:
a. **The subject of a shelter care or dependency order issued pursuant to chapter 13.34 RCW or an equivalent order of a tribal court of a federally recognized Indian tribe; or**
b. **Eligible for benefits under the federal foster care system as defined in RCW 28B.117.020**.
This section modifies existing section 28A.225.023. Here is the modified chapter for context.
A school district representative or school employee shall review unexpected or excessive absences with students who are the subject of a dependency proceeding and adults involved with the students, to include the students' caseworkers, educational liaisons, attorneys if appointed, parents or legal guardians, and foster parents or the persons providing placement for the students. The purpose of the review is to determine the cause of the absences, taking into account: Unplanned school transitions, periods of running from care, inpatient treatment, incarceration, school adjustment, educational gaps, psychosocial issues, and unavoidable appointments during the school day. A school district representative or a school employee must proactively support the students' school work so the student does not fall behind and to avoid suspension or expulsion based on truancy.
For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510.
This section modifies existing section 28A.225.330. Here is the modified chapter for context.
When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:
Any history of placement in special educational programs;
Any past, current, or pending disciplinary action;
Any history of violent behavior, or behavior listed in RCW 13.04.155;
Any unpaid fines or fees imposed by other schools; and
Any health conditions affecting the student's educational needs.
The school enrolling the student shall request the student's permanent record including records of disciplinary action, history of violent behavior or behavior listed in RCW 13.04.155, attendance, immunization records, and academic performance from the school the student previously attended.
Upon request, school districts shall furnish a set of unofficial educational records to a parent or guardian of a student who is transferring out of state and who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010. School districts may charge the parent or guardian the actual cost of providing the copies of the records.
If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. The records of a student who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 shall be sent within 10 days after receiving the request. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The professional educator standards board shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.
Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.
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A school may not prevent students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW from enrolling if there is incomplete information as enumerated in subsection (1) of this section during the 10 business days that the department of children, youth, and families has to obtain that information under RCW 74.13.631.
If the student who is the subject of a dependency proceeding is subject to an order in a federally recognized tribal court that is the equivalent of a shelter care or dependency order pursuant to chapter 13.34 RCW, or the student is eligible for benefits under the federal foster care system as defined in RCW 28B.117.020, the school may not prevent the student from enrolling if there is incomplete information as enumerated in subsection (1) of this section during the 10 business days from the date the equivalent order is entered or from a date determined by the state agency responsible for implementing the unaccompanied refugee minors program.
Upon enrollment of a student who is the subject of a dependency proceeding, the school district must make reasonable efforts to obtain and assess that child's educational history in order to meet the child's unique needs within two business days.
For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510.
This section modifies existing section 28A.225.350. Here is the modified chapter for context.
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The protocols required by RCW 74.13.560 for making best interest determinations for students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW must comply with the provisions of this section.
The requirements of this section, and the development protocols described in RCW 74.13.560 for making best interest determinations for students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW, may also be applied to students who are the subject of a federally recognized tribal court shelter care or dependency order that is the equivalent of a shelter care or dependency order issued pursuant to chapter 13.34 RCW, and students who are eligible for benefits under the federal foster care system as defined in RCW 28B.117.020.
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Best interest determinations should be made as quickly as possible in order to prevent educational discontinuity for the student.
When making best interest determinations, every effort should be made to gather meaningful input from relevant and appropriate persons on their perspectives regarding which school the student should attend while the subject of a dependency proceeding, consistent with the student's case plan. Relevant and appropriate persons include:
Representatives of the department of children, youth, and families for students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW, or representatives of other applicable child welfare agencies;
Representatives of the school of origin, such as a teacher, counselor, coach, or other meaningful person in the student's life;
Biological parents;
Foster parents;
Educational liaisons identified under RCW 13.34.045;
The student's relatives; and
Depending on the student's age, the student.
In accordance with RCW 74.13.550, whenever practical and in their best interest, students who are the subject of a dependency proceeding must remain enrolled in the school that they were attending at the time they became the subject of a dependency proceeding.
Student-centered factors must be used to determine what is in a student's best interest. In order to make a well-informed best interest determination, a variety of student-centered factors should be considered, including:
How long is the student's current care placement expected to last?
What is the student's permanency plan and how does it relate to school stability?
How many schools has the student attended in the current year?
How many schools has the student attended over the past few years?
Considering the impacts of past transfers, how may transferring to a new school impact the student academically, emotionally, physically, and socially?
What are the immediate and long-term educational plans of, and for, the student?
How strong is the student academically?
If the student has special needs, what impact will transferring to a new school have on the student's progress and services?
To what extent are the programs and activities at the potential new school comparable to, or more appropriate than, those at the school of origin?
Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?
Which school does the student prefer?
How deep are the student's ties to the student's school of origin?
Would the timing of the school transfer coincide with a logical juncture, such as after testing, after an event that is significant to the student, or at the end of the school year?
How would changing schools affect the student's ability to earn full academic credit, participate in sports or other extracurricular activities, proceed to the next grade, or graduate on time?
How would the commute to the school under consideration impact the student, in terms of distance, mode of transportation, and travel time?
How anxious is the student about having been removed from the home or about any upcoming moves?
What school does the student's sibling attend?
Are there safety issues to consider?
The student must remain in the student's school of origin while a best interest determination is made and while disputes are resolved in order to minimize disruption and reduce the number of school transfers.
School districts are encouraged to use any:
Best interest determination guide developed by the office of the superintendent of public instruction during the discussion about the advantages and disadvantages of keeping the student in the school of origin or transferring the student to a new school; and
Dispute resolution process developed by the office of the superintendent of public instruction when there is a disagreement about school placement, a best interest determination, or a dispute between agencies.
The special education services of a student must not be interrupted by a transfer to a new school.
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If the student's care placement changes to an area served by another school district, and it is determined to be in the best interest of the student to remain in the school of origin, the school district of origin and the school district in which the student is living shall agree upon a method to apportion the responsibility and costs for providing the student with transportation to and from the school of origin. If the school districts are unable to agree upon an apportionment method, the responsibility and costs for transportation shall be shared equally between the districts.
In accordance with this subsection, the department of children, youth, and families will reimburse school districts for half of all excess transportation costs for students under the placement and care authority of the department of children, youth, and families.
For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510.
This section modifies existing section 28A.320.148. Here is the modified chapter for context.
For the purpose of addressing education barriers for students who are the subject of a dependency proceeding, each school district must : (a) Designate a foster care liaison to facilitate district compliance with state and federal laws related to students who are the subject of a dependency proceeding; and (b) collaborate with the department of children, youth, and families , the appropriate federally recognized Indian tribe, or the state agency responsible for the implementation of the unaccompanied refugee minors program. The role and responsibilities of a foster care liaison may include:
Coordinating the implementation of state and federal laws related to students who are the subject of a dependency proceeding;
Coordinating with foster care education program staff at the office of the superintendent of public instruction;
Attending training and professional development opportunities to improve school district implementation efforts;
Serving as the primary contact person for representatives of the department of children, youth, and families;
Leading and documenting the development of a process for making best interest determinations in accordance with RCW 28A.225.350;
Facilitating immediate enrollment in accordance with RCW 28A.225.330;
Facilitating the transfer of records in accordance with RCW 28A.150.510 and 28A.225.330;
Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules;
Developing and coordinating local transportation procedures;
Managing best interest determination and transportation cost disputes according to the best practices developed by the office of the superintendent of public instruction;
Ensuring that students who are the subject of a dependency proceeding are enrolled in and regularly attending school, consistent with RCW 28A.225.023; and
Providing professional development and training to school staff on state and federal laws related to students who are the subject of a dependency proceeding and their educational needs, as needed.
Each K-12 public school in the state must establish a building point of contact in each elementary school, middle school, and high school. These points of contact must be appointed by the principal of the designated school, in consultation with the district foster care liaison, and are responsible for coordinating services and resources for students in foster care as outlined in subsection (1) of this section.
The district foster care liaison is responsible for training building points of contact.
The office of the superintendent of public instruction shall make available best practices for choosing and training building points of contact to each school district.
For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510.
This section modifies existing section 28A.320.192. Here is the modified chapter for context.
School districts must incorporate the procedures in this section for the purpose of eliminating barriers and facilitating the on-time grade level progression and graduation of students who are homeless as described in RCW 28A.300.542, students who are the subject of a dependency proceeding, at-risk youth or children in need of services pursuant to chapter 13.32A RCW, and students who are in or have been released from an institutional education facility.
School districts must waive specific courses required for graduation if similar coursework has been satisfactorily completed in another school district or must provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school district, the receiving school district must provide an alternative means of acquiring required coursework so that graduation may occur on time.
School districts must consolidate partial credit, unresolved, or incomplete coursework and provide opportunities for credit accrual in a manner that eliminates academic and nonacademic barriers for the student.
For students in or released from an institutional education facility, school districts must provide students with access to world language proficiency tests, American sign language proficiency tests, and general education development tests. Access to the tests may not be conditioned or otherwise dependent upon a student's request. School districts must award at least one high school credit to students upon meeting the standard established by the state board of education under subsection (9) of this section on a world language or American sign language proficiency test or a general education development test. Additional credits may be awarded by the district if a student has completed a course or courses of study to prepare for the test. If the school district has a local policy for awarding mastery-based credit on state or local assessments, the school district must apply this policy for students in or released from an institutional education facility.
For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, school districts must grant partial credit for coursework completed before the date of withdrawal or transfer and the receiving school must accept those credits, apply them to the student's academic progress or graduation or both, and allow the student to earn credits regardless of the student's date of enrollment in the receiving school.
Should a student who is transferring at the beginning or during the student's junior or senior year be ineligible to graduate from the receiving school district after all alternatives have been considered, the sending and receiving districts must ensure the receipt of a diploma from the sending district if the student meets the graduation requirements of the sending district.
The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural obligations of school districts to implement these provisions.
Should a student have enrolled in three or more school districts as a high school student and have met state requirements but be ineligible to graduate from the receiving school district after all alternatives have been considered, the receiving school district must waive its local requirements and ensure the receipt of a diploma.
The state board of education, in consultation with the office of the superintendent of public instruction, shall identify the scores students must achieve in order to meet the standard on world language or American sign language proficiency tests and general education development tests in accordance with subsection (4) of this section.
For the purposes of this section, "institutional education facility" and "school district" have the same meaning as in RCW 28A.190.005.
For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510.
This section modifies existing section 28B.117.020. Here is the modified chapter for context.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Apprentice" means a person enrolled in a state-approved, federally registered, or reciprocally recognized apprenticeship program.
"Apprenticeship" means an apprenticeship training program approved or recognized by the state apprenticeship council or similar federal entity.
"Cost of attendance" means the cost associated with attending a particular institution of higher education as determined by the office, including but not limited to tuition, fees, room, board, books, personal expenses, and transportation, plus the cost of reasonable additional expenses incurred by an eligible student and approved by a financial aid administrator at the student's school of attendance.
"Federal foster care system" means the foster care program under the federal unaccompanied refugee minors program, Title 8 U.S.C. Sec. 1522 of the immigration and nationality act of 1965, as amended.
"Financial need" means the difference between a student's cost of attendance and the student's total family contribution as determined by the method prescribed by the United States department of education.
"Homeless" or "homelessness" means without a fixed, regular, and adequate nighttime residence as set forth in the federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11301 et seq.
"Independent college or university" means a private, nonprofit institution of higher education, open to residents of the state, providing programs of education beyond the high school level leading to at least the baccalaureate degree, and accredited by the Northwest association of schools and colleges, and other institutions as may be developed that are approved by the student achievement council as meeting equivalent standards as those institutions accredited under this section.
"Institution of higher education" means any institution eligible to and participating in the Washington college grant program.
"Occupational-specific costs" means the costs associated with entering an apprenticeship or preapprenticeship, including but not limited to fees, tuition for classes, work clothes, rain gear, boots, occupation-specific tools.
"Office" means the office of student financial assistance.
"Preapprenticeship" means an apprenticeship preparation program recognized by the state apprenticeship council and as defined in RCW 28C.18.162.
"Program" means the passport to careers program created in this chapter.
"State foster care system" means out-of-home care pursuant to a dependency and includes the placement of dependents from other states who are placed in Washington pursuant to orders issued under the interstate compact on the placement of children, chapter 26.34 RCW.
"Tribal court" has the same meaning as defined in RCW 13.38.040.
"Tribal foster care system" means an out-of-home placement under a dependency order from a tribal court.
"Unaccompanied" means a youth or young adult experiencing homelessness while not in the physical custody of a parent or guardian.
This section modifies existing section 74.13.550. Here is the modified chapter for context.
It is the policy of the state of Washington that, whenever practical and in the best interest of the child, children who are the subject of a dependency proceeding shall remain enrolled in the schools they were attending at the time they became the subject of a dependency proceeding.
For the purposes of this section, "children who are the subject of a dependency proceeding" means a child or youth who is located in Washington state and the subject of a dependency order pursuant to chapter 13.34 RCW.
This section modifies existing section 74.13.631. Here is the modified chapter for context.
Consistent with the provisions for making best interest determinations established in RCW 28A.225.350 and 74.13.560, the department shall provide students who are the subject of a dependency proceeding with the opportunity to remain enrolled in the school the student was attending prior to out-of-home placement, unless the safety of the student is jeopardized, or a relative or other suitable person placement approved by the department is secured for the student, or it is determined not to be in the student's best interest . If the parties in the dependency case disagree regarding which school the student should be enrolled in, the student may remain enrolled in the school of origin until the disagreement is resolved in court, unless the department determines that the student is in immediate danger by remaining enrolled in the school of origin.
Unless otherwise directed by the court, the educational responsibilities of the department for school-aged students residing in out-of-home care are the following:
To collaboratively discuss and document school placement options and plan necessary school transfers during the family team decision-making meeting;
To notify the receiving school and the school of origin that a youth residing in foster care is transferring schools;
To request and secure missing academic records or medical records required for school enrollment within ten business days;
To document the request and receipt of academic records in the individual service and safety plan;
To pay any unpaid fees or fines due by the student to the school or school district;
To notify all legal parties when a school disruption occurs; and
To document factors that contributed to any school disruptions.
The requirements of the department in subsections (1) and (2) of this section apply also for children who are the subject of a dependency proceeding.
For the purposes of this section, "students who are the subject of a dependency proceeding" means a child or youth who is located in Washington state and the subject of a shelter care or dependency order pursuant to chapter 13.34 RCW.