Sec. 13a.08.07.06. School Stability

A. Scope. Children in foster care are children in State-supervised care to whom special provisions apply under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and under Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland. The purpose of this regulation is to implement the educational stability requirements of those laws.

B. Terms Defined. In this regulation, the following terms have the meaning indicated:

(1) “Child welfare agency” means local department of social services or Department of Juvenile Services.

(2) “Enroll” and “enrollment” means attending classes and participating fully in school activities.

(3) Foster Child.

(a) “Foster child” means a child in the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services;

(b) “Foster child” does not include a child awaiting foster care placement as defined in COMAR 13A.05.09.02B or a child in any of the following placements:

(i) A detention facility;

(ii) A forestry camp;

(iii) A training school;

(iv) A State-owned and State-operated facility that accommodates more than 25 children; or

(v) Any other facility operated primarily for the detention of children who are determined to be delinquent.

(4) “Receiving school” means the school serving the geographic attendance area where the child welfare agency has placed the foster child.

(5) “Receiving school system” means the local school system serving the jurisdiction where the child welfare agency has placed the foster child.

(6) “School of origin” means the school the foster child attended prior to the most recent change in placement by the child welfare agency.

(7) “School system of origin” means the local school system serving the jurisdiction where the school of origin is located.

C. In accordance with Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland, the local school system superintendent of the school of origin shall allow a foster child to remain enrolled in the school of origin unless the child welfare agency responsible for the child provides notice to the principal of the school of origin and the Fostering Connections liaison in the receiving school system that it is not in the best interests of the child to remain enrolled in the school of origin, pursuant to the procedures set forth in COMAR 07.02.11.12B.

D. If the child welfare agency has determined that it is not in the best interests of the foster child to remain at the school of origin, the receiving school shall immediately enroll the child once a person authorized to enroll the child initiates the enrollment.

E. The receiving school shall immediately enroll the foster child even if the child welfare agency is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

F. Notwithstanding any other enrollment documentation requirements of the receiving school, at the time of enrollment the receiving school may not require the person authorized to enroll the foster child to present more than documentation that the child is in the care of the child welfare agency and a written statement of the address where the child has been placed.

G. The school of origin shall transmit the foster child’s educational records to the receiving school in accordance with Education Article, §8-504, Annotated Code of Maryland, and Regulation .03 of this chapter upon receipt of notice from the receiving school that the child is attending school there.

H. Transportation to School of Origin.

(1) If the foster child remains enrolled in the school of origin, the receiving school system shall provide transportation for the foster child to attend the school of origin based on a written agreement with the child welfare agency for reimbursement of the transportation costs, unless the child welfare agency decides that it will provide the transportation.

(2) The receiving local school system shall provide the child welfare agency with documentation of transportation reimbursement rates.

(3) Section H(1) of this regulation may not:

(a) Preclude the child welfare agency from making its own transportation arrangements, including arrangements with the school system of origin if it is different than the receiving school system; or

(b) Excuse the child welfare agency from its obligation to provide transportation to the foster child in the absence of an agreement with the receiving school system.

I. Fostering Connections Liaison.

(1) Each local school system shall designate an individual as the Fostering Connections liaison.

(2) The Fostering Connections liaison for the school system of origin shall consult with the child welfare agency about whether it is in the best interests of the foster child to continue the child's education at the school of origin.

(3) The Fostering Connections liaison for the local school system where the foster child will attend school after a change in placement and best interests determination shall:

(a) Coordinate with the child welfare agency regarding enrollment;

(b) If the foster child transfers schools, facilitate the transfer of the child’s educational records from the school of origin to the receiving school; and

(c) Communicate with the child welfare agency regarding the foster child’s attendance and performance at school.

(4) If the child welfare agency arranges transportation with the receiving school system, the Fostering Connections liaison for the receiving school system will serve as the initial school system contact to help facilitate transportation arrangements.

(5) The Fostering Connections liason for each local school system shall communicate the educational stability requirements of the Fostering Connections to Success and Increasing Adoptions Act of 2008 to appropriate school personnel.

(6) The Fostering Connections liaison may be the same individual who serves as the homeless education coordinator for the local school system.