Goal 5
Youth Have Supports to Prevent School Dropout, Truancy, and Disciplinary Actions
Studies indicate that youth in out-of-home care have dropout, truancy, and disciplinary rates far higher than the general student population. When youth are frustrated by frequent moves and rough transitions, they are more likely to act out, skip school, or drop out altogether. And, of course, children who have experienced abuse or neglect and have been removed from their parents often experience learning difficulties and other problems that interfere with school success. These youth need appropriate support, programs, and interventions to keep them engaged and in school. In addition, youth in care need counselors and school advocates who will ensure the best possible placement and increase the odds that youth will complete their education.
Benchmarks
A.
Youth are not disproportionately subjected to school discipline or school exclusion, and are not placed in alternative schools for disruptive students as a means to address truancy or as a disciplinary measure.
E.
Youth who have dropped out of school have access to programs and supports designed to reintegrate them into a school or a General Educational Development (GED) program.
B.
Youth have access to school counselors and other school staff familiar with the needs of children who have experienced abuse and neglect, and the staff has mastered effective remediation strategies. .
F.
Youth with disabilities have behavior intervention plans in place to minimize inappropriate school behaviors and to reduce the need for disciplinary action or referral to the police.
C.
Youth have advocates at school disciplinary and other proceedings who are trained on procedures related to dropout, truancy, and discipline.
G.
Youth with disabilities receive the procedural protections outlined in federal law so that they are not punished for behavior that is a symptom of their disability.
D.
Youth at risk of truancy or dropping out have access to programs and supports designed to engage them in school.
Children and youth in foster care experience school suspensions and expulsions at higher rates than their non-foster care peers.
Youth in foster care face a disproportionately high risk of being involved in the juvenile and adult justice systems, which has been described as a “foster care-to-prison" pipeline.
Students in foster care less likely to graduate high school and more likely to drop out of school.
Receiving Independent Living services and extended foster care increases the probability that youth will complete a high school credential.
What the Data Tells Us
What Federal Law Says:
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Under the Individuals with Disabilities Education Act (IDEA), students with disabilities who are , disciplinarily removed from their placements for more than 10 days are entitled to a “manifestation determination review” to determine if the child’s behavior leading to the discipline is linked to, or a “manifestation of,” their disability or the district’s failure to implement their IEP. See 34 CFR §300.530(e).
Under Section 504 of the Rehabilitation Act of 1973, public schools must provide services and modifications to students with disabilities to address any disability-based behavior that could lead to discipline. Like under the IDEA, schools must conduct an additional evaluation of a student with a disability under Section 504 before implementing a disciplinary removal that will result in a significant change in placement (i.e. removal from class for more than 10 school days).
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Anti-discrimination laws like Title IV and Title VI of the Civil Rights Act of 1964 prohibit discrimination in public schools based on certain characteristics like race, color, and national origin.
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Under the Fostering Connections Act (2008), states have the option to extend foster care beyond age 18. Research shows that allowing foster care to continue beyond age 18 is critical to help youth in foster care graduate from high school and achieve their post-secondary goals. Most states offer some form of extended foster care to support students over the age of 18.
State Law and Policy
California AB 740 (2022)- Requires notice to a child’s social worker, attorney, and educational rights holder if a child in foster care is suspended for longer than 1 class period. This law ensures that youth are supported by an advocate when they face exclusionary discipline.
Nevada AB 285 (2023): A student in foster care may be suspended or expelled from school only if a determination is made that "being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion,” which must be made in consultation with an advocate for pupils in foster care or the pupil’s school counselor.
Colorado HB 1374 (2022)- Expanded the Fostering Educational Opportunities for Youth in Foster Care Program that improved educational outcomes for students in foster care, including graduation rates and discipline when it was piloted in Jefferson County. The program pairs students in out-of-home care with Educational Specialists who support them and their caregivers in school and beyond.
