Sec. 07.02.11.12. Education for the Child in Out-of-Home Placement

A. The local department shall ensure that, within 5 school days of being placed in out-of-home placement, a child of school age is attending school, unless this is unattainable for reasons outside the control of the local department.

B. School Stability.

(1) With respect to a child who is in the custody of, committed to, or otherwise placed by the local department of social services in out-of-home placement, the local department shall determine whether it is in the child’s best interests to continue the child’s education at the school the child last attended prior to the most recent change in placement.

(2) In determining the best interests of the child under §B(1) of this regulation, the local department of social services shall, in consultation with the local education agency, consider the following factors, not in order of priority:

(a) The child's age;

(b) The school which the child's siblings attend;

(c) The child's experiences at the school the child last attended;

(d) The child's academic needs;

(e) The child's emotional needs;

(f) Any other special needs of the child;

(g) Continuity of instruction;

(h) Length of expected stay at current placement;

(i) Likely location of the child's current and future permanent placement;

(j) Time remaining in the school year;

(k) Distance and time of commute and the impact it may have on the child’s education; and

(l) The safety of the child.

(3) The local department of social services shall make efforts to seek input from the child’s attorney, parent, parent surrogate, legal guardian and other persons who are able to contribute relevant information to the best interests determination made under this section, unless doing so will create undue delay in placement.

(4) The best interests determination made under this section shall be made as soon as possible after the child’s entrance into out-of-home placement or the child’s change in out-of-home placement, but no later than 5 business days thereafter.

(5) A child shall continue to be enrolled in and maintain attendance in the school of origin until the local department of social services completes the best interests determination in accordance with this section, and transportation to the school of origin during that time period shall be provided by the local department.

(6) The local department of social services shall immediately provide written notice of the best interests determination made under §B(2) of this regulation to both the local educational agency foster care liaison in the local educational agency serving the school of origin and the local educational agency foster care liaison of the local educational agency serving the local zoned school.

(7) The local department of social services shall provide written notice of the best interests determination made under §B(2) of this regulation to the child’s school, parent, parent surrogate, legal guardian, and child’s attorney within 5 business days after the best interests determination has been made.

C. The local department shall provide notice to a receiving school regarding the enrollment or imminent enrollment of a child who is in State-supervised care and shall provide to the receiving school:

(1) Name, address, and telephone number of the parent, legal guardian, parent surrogate, and the foster parent; and

(2) Name, address, and telephone number of the child's caseworker and the caseworker's supervisor.

D. The local department, parent, legal guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child.

E. The local department shall also inform the receiving school of the name of the sending school if that information is available.

F. The local department, if requested, may choose to aid the enrollment process by hand delivering required documents compiled by the sending school to the receiving school which includes a copy of the child's:

(1) Completed student withdrawal or transfer record;

(2) Academic records and immunization records; and

(3) Most recent individualized education plan or most recent educational assessment.

G. When the local department believes that the child may have special educational needs, the local department shall notify the school and request an evaluation of those needs if no prior evaluation has been completed.

H. When the local department believes that a child younger than 5 years old is developmentally disabled, the local department shall request an assessment from the Maryland State Department of Education, Maryland Infant and Toddler’s Program/Preschool Services Branch if no prior assessment has been completed.

I. The local department shall request that the juvenile court notify school officials that a child has been found CINA, so that the local department will be eligible to be notified if the child is habitually truant.

J. A child who is committed or voluntarily placed shall be educated in accordance with State Board of Education regulations, except the child may not be educated under a home instruction program.

K. Tuition Waiver.

(1) The Maryland tuition waiver provides a waiver of tuition for a Maryland public institution of higher education and is applicable to certain individuals in, or formerly in, out-of-home care. An individual qualifies for the tuition waiver if the individual was placed by the Department of Human Services in an out-of-home placement and resided in an out-of-home placement:

(a) On the individual’s 18th birthday or at the time of graduation from high school or successful completion of a General Equivalency Development Examination (GED); or

(b) For at least 1 year on or after the individual’s 13th birthday and the individual was placed into guardianship, adopted, or reunited with at least one of the individual’s parents.

(2) Younger siblings of individuals described in §K(1)(b) of this regulation and concurrently placed into the same guardianship or adopted by the same adoptive family from an out-home-placement also qualify for this waiver.

(3) An individual who qualifies for this waiver shall be exempted from paying any tuition at a Maryland public institution of higher education, regardless of the individual’s receipt of scholarships or grants, if the individual:

(a) Is enrolled as a candidate for an associate's degree, a bachelor's degree, or a vocational certificate at a Maryland public institution of higher education on or before age 25; and

(b) Has filed for federal and State financial aid by June 30 of each year.

(4) The waiver is applied to the cost of tuition, registration fees, and all fees that are required as a condition of enrollment. Scholarships and grants that the individual receives may not be used to pay these costs.

(5) Tuition and registration fees are determined by the individual public institution of higher education. Tuition does not include the cost of room, board, books, or transportation.

(6) The tuition waiver is available to the qualified individual for up to 10 years after first enrolling as a candidate for either an associate or bachelor’s degree in a Maryland public institution of higher education, or until a bachelor’s degree is awarded, whichever is earlier.

(7) The qualified individual shall inform the financial aid office at the Maryland public institution of higher education of the individual’s potential eligibility for the tuition waiver.

(8) The qualified individual is responsible for adherence to all financial aid policies of the Maryland Higher Education Commission and the Maryland public institution of higher education at which the individual is enrolled.

(9) The tuition waiver may not be applied retroactively.

L. Federal Education Training Vouchers Program.

(1) An individual who was placed by the Department of Human Services in an out-of-home placement may request assistance in obtaining funds for post-secondary education or training at an institution of higher education, through the federal Chafee Education and Training Vouchers (ETV) program.

(2) To obtain funds from the ETV program, the individual:

(a) Shall have completed high school or received a GED certificate;

(b) Shall have exhausted all other forms of financial aid/assistance before requesting funds;

(c) Shall have filed for federal and State financial assistance by June 30 of each year for the upcoming school year; and

(d) May not be in default on any educational loan or owe a refund of an educational grant.

(3) An individual is eligible for the ETV program if the individual:

(a) Is eligible for Chafee Independent Living Services according to federal guidelines;

(b) Aged out of out-of-home placement; or

(c) Lived in out-of-home placement at 14 years old or older and was adopted or entered guardianship at 16 years old or older.

(4) The ETV program is available to eligible individuals who are pursuing post-secondary education or training in an institution of higher education up to the age of 26 as long as they are enrolled before their 21st birthday and making satisfactory progress toward completion of such program, but an individual may not participate in the ETV program for more than 5 years.

(5) The ETV funds may be applied toward:

(a) Tuition and school fees;

(b) Room and board;

(c) Off campus housing;

(d) Books;

(e) Rental or purchase of required equipment, materials, and supplies;

(f) Childcare;

(g) Tutoring costs related to attendance in the educational program; and

(h) Transportation that is necessary for the student to attend school.

(6) Applications to the ETV program shall be forwarded to the Administration for review and approval by the education specialist.