Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-113 - Continuity of educational services to foster children

(a)
(1)
(A)
It is the intent of the General Assembly that each child in foster care is:
(i)
Entitled to the same opportunities to meet the academic achievement standards to which all children are held;
(ii)
Assisted so that the child can remain in his or her school of origin;
(iii)
Placed in the least restrictive educational placement; and
(iv)
Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.
(B)
Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.
(2)
(A)
Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation:
(i)
Educators;
(ii)
The Department of Human Services;
(iii)
The Division of Elementary and Secondary Education;
(iv)
The circuit court presiding over the foster care case;
(v)
Providers of services to the foster child;
(vi)
Attorneys;
(vii)
Court-appointed special advocates; and
(viii)
Parents, guardians, or any persons appointed by the court.
(B)
The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child:
(i)
Can remain in his or her school of origin whenever possible;
(ii)
Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section;
(iii)
Can participate in the appropriate educational programs; and
(iv)
Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.
(b)
(1)
A foster child shall have continuity in his or her educational placements.
(2)
The Department of Human Services shall consider continuity of educational services and school stability in making foster placement decisions.
(3)
The school district shall allow the foster child to remain in the child's school of origin and continue the child's education unless the court finds that the placement:
(A)
Is not in the best interest of the child; and
(B)
Conflicts with any other provision of current law, excluding the residency requirement under §
6-18-202
.
(4)
(A)
The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical.
(B)
The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin.
(C)
The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district.
(5)
Except for emergencies, before making a recommendation to move a child from his or her school of origin, the Department of Human Services shall state the basis for the recommended school change and how it serves the best interest of the child in a written statement to the following:
(A)
The foster child;
(B)
The child's attorney ad litem;
(C)
The court-appointed special advocate, if appointed; and
(D)
Parents, guardians, or any person appointed by the court.
(6)
(A)
If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may:
(i)
Have access to the child's school records;
(ii)
Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and
(iii)
Participate in school conferences or similar activities at the child's school.
(B)
If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., as in effect on February 1, 2007.
(c)
(1)
Each school district shall identify a foster care liaison.
(2)
Each school district shall forward the name of each foster care liaison and the contact information to the Special Education Unit of the Division of Elementary and Secondary Education at the beginning of each school year.
(3)
The foster care liaison shall:
(A)
Ensure and facilitate the timely school enrollment of each foster child;
(B)
Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and
(C)
(i)
Expedite the transfer of records.
(ii)
When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days.
(iii)
The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.
(d)
(1)
If a foster child is subject to a school enrollment change, the foster child's caseworker shall contact the school district foster care liaison within two (2) business days, and the new school must immediately enroll the foster child even if the foster child is unable to provide the required clothing or required records, including without limitation:
(A)
Academic records;
(B)
Medical records; or
(C)
Proof of residency.
(2)
The Department of Human Services shall provide all known information to the school district that impacts the health and safety of the child being enrolled or other children in the school.
(e)
(1)
A school district shall recognize the rights of a foster parent to make educational decisions for a foster child under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., if the foster parent is qualified.
(2)
A foster parent may have educational rights with respect to consenting to the individualized educational program and related services if the court has specifically limited the educational rights of the parent and the child is in foster care.
(f)
The grades of a child in foster care shall not be lowered due to absence from school due to:
(1)
A change in the child's school enrollment;
(2)
The child's attendance at a dependency-neglect court proceeding; or
(3)
The child's attendance at court-ordered counseling or treatment.
(g)
Each school district shall accept credit course work when the child demonstrates that the child has satisfactorily completed the appropriate educational placement assessment.
(h)
If a child completes the graduation requirements of the child's school district while being detained in a juvenile detention facility or while being committed to the Division of Youth Services, the school district that the child last attended before the child's detention or commitment shall issue the child a diploma.
(i)
This section shall not be interpreted to be in conflict with the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., and regulations promulgated.
(j)
(1)
Notwithstanding any of the provisions of this section, if it is in the best interest of the child, a foster child may be placed in a nonpublic school, including a private, parochial, or home school.
(2)
(A)
Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school.
(B)
The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives an Arkansas Children's Educational Freedom Account Fund under §
6-18-2501
et seq.
Amended by Act 2023, No. 237,§ 59, eff. 3/8/2023.
Amended by Act 2019, No. 757,§ 65, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2198, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2197, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2196, eff. 7/1/2019.
Amended by Act 2017, No. 894,§ 5, eff. 4/5/2017
Amended by Act 2015, No. 1094,§ 7, eff. 7/22/2015
Acts 2011, No. 591, § 1