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 remains enrolled in and has transportation to the school the child attended prior to removal. Tex. Educ. Code § 25.001(a)

⧠ Child remains in the school where the child is currently enrolled unless it is not in their best interest, 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 attend their current school or be enrolled in a new school within three school days. 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 place.

• ARD committee meets at least one time annually.

• If child transfers schools, previous IEP implemented or a new IEP is developed and approved by ARD committee.

• Transition planning coordinated, beginning no later than age 14.

(BP) denotes a Best Practice