Foster Youth
Foster Youth Services (FYS) provides support to foster youth to help overcome the effects of displacement from family and schools and multiple placements in foster care. FYS have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. In addition, AB 167 allows, under certain circumstances, foster youth to be exempted from district graduation requirements that exceed state graduation requirements; however, the waiving of credits needed for graduation may affect the student's ability to gain admission into a post-secondary educational institution. For more information on AB 167, contact the staff below or your student's Counselor. FYS increase the stability of placements for foster youth and are designed to improve their educational performance and personal achievement.
Foster Youth Rights
Foster Youth Rights
The Education Code of California, specifically EC 51225.2, EC 49069.5, and EC 48853.5, enshrines vital provisions ensuring that foster youth receive fair treatment and opportunities for academic success, even in the face of challenging circumstances such as changing schools mid-year. Allow us to emphasize some key points:
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- Right to Partial Credits: Foster youth changing schools during the academic year have the right to partial credits for all classes they are passing at the time of transfer, regardless of completion. This right helps to ensure that all credits earned have been accounted for regardless of placement changes.
- Transcript Issuance: Sending schools must issue check-out grades and full or partial credits promptly upon notification of a foster youth's transfer, while receiving schools must accept and apply these credits accordingly. Ensure the transcript includes all of the following as described in EC 51225.2:
- All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or a school in a country other than the United States, or nonpublic, nonsectarian school.
- The credits and grades for each school and local educational agency are listed separately so it is clear where they were earned.
- A complete record of the pupil’s seat time, including both period attendance and days of enrollment.
- Acceptance of Credits: Upon transferring, the new school is mandated to accept any credits issued by the previous school, facilitating a seamless transition for the student.
- Enrollment in Comparable Classes: Foster youth have the right to enroll in the same or similar classes they were taking at their previous school, preventing unnecessary repetition and ensuring academic progression.
- Foster youth are entitled to participate in any activities available at their new school, such as sports teams, tutoring, or after-school clubs, even if they miss a tryout.
- Protection from Retaking Classes: Students cannot be compelled to retake classes they have already completed satisfactorily, except when necessary to meet specific university admission requirements.
- Timely Transfer of Records: Educational liaisons play a crucial role in facilitating the proper transfer of credits, records, and grades, as outlined in EC 48853.5. It is imperative that records are transferred promptly and without hindrance, within 2 business days as mandated by law.
- As part of the transfer process, the current LEA shall compile the complete educational record of the student, including a determination of seat time or time of enrollment, full or partial credits earned, current classes and grades, immunization and other records, and, if applicable, a copy of the foster child’s 504 plan or IEP as codified in EC 49069.5(e).
- Grades Protection: Foster youth's grades cannot be penalized due to absences caused by changes in placement or court-related activities, safeguarding their academic standing.
Additional resources
Additional resources
- 2023 California Foster Youth Education Law Fact Sheet | Spanish
- San Mateo County Office of Education: Foster Youth Services Coordinating Program
- California Department of Education (CDE) Foster Youth Services
- San Mateo Human Services Agency
400 Harbor Blvd.
Belmont, CA 94002
(650) 802-5018 - Independent Living Program, San Mateo County
400 Harbor Blvd.
Belmont, CA 94002
(650) 363-4441 - Advocates for Children (CASA)1515 S. El Camino Real, Suite 201
San Mateo, CA 94402
(650) 212-4423 - Law Foundation of Silicon Valley
Legal Advocates for Children & Youth
152 N. Third Street, 3rd Floor
San Jose, CA 95112
(408) 293-4790 - Silicon Valley Community Foundation
Serving San Mateo and Santa Clara Counties
2440 W. El Camino Real, Suite 300
Mountain View, CA 94040
(650) 450-5493
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