Be in writing (notice by phone call must be followed up with email); Be delivered via in accordance with section IX.C regarding secure transfer of personally identifiable information; and Utilize the agreed-upon included in the appendices to this Agreement, where applicable. Where there is no form, informal email messages are sufficient so long as they contain the necessary information. III. DEFINITIONS [The definitions included are specific to the content of this model. Drafters should consult their county attorneys to incorporate additional definitions.] “Additional are costs of transportation that exceed what the LEA would otherwise pay to transport the student to school if the student were not in foster care. “Best interest determination” refers to the outcome of a process facilitated by the County Department of Human Services, in accordance with 12 CCR 2509-4, 7.301.241, to determine whether it is in a child or youth’s best interest to remain in the school of origin or, alternatively, transfer to a new school. “Caregiver” for purposes of this agreement, refers to any approved, non-professional adult who accepts the responsibility of transporting the student to school, including but not limited to a foster parent, kinship caregiver, custodial or non-custodial parent, non custodial kin, older sibling, etc. The term is used broadly to describe persons who may be reimbursed for their mileage or public transit fares pursuant to this Agreement. “Child in foster care” includes all school-aged children and youth in foster care, regardless of Title IV-E eligibility, including those attending a public preschool. “Foster Care” has the same meaning as defined by 45 CFR § 1355.20, which is substitute care for children placed away from their parents or guardians and for whom the title IV-E agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made.”
While the duties described above are expected to be fulfilled by the designated point of contact, the duties are obligations of the respective parties. School District and Human Services shall ensure adequate staff time to meet the obligations of this agreement. School District and Human Services shall ensure seamless coverage during times such as staff vacancies or leave. V. BEST INTEREST DETERMINATIONS When a school move is considered as a result of a change in foster care placements, Human Services shall facilitate a best interest determination in compliance with 12 CCR 7.301.241. A copy of this section of rule is attached as Appendix F. A. Responsibility for Determining Best Interest Human Services is the entity responsible for determining whether it is in a student’s best interest to remain in their school of origin, with input from School District. Consistent with 12 CCR 7.301.241 and the point of contact duties outlined in this Agreement, Human Services shall engage School District in this process, and School District shall provide meaningful input from a representative who knows the student. It is presumed to be in a student’s best interest to remain in the school of origin with transportation provided. Therefore, if no school move is ever considered, a best interest determination is unnecessary. If School District believes a school move should be considered, and Human Services has not already initiated the best interest determination process, then the School District point of contact may send a written request for a best interest determination to the Human Services point of contact. Human Services must then facilitate a best interest determination process. In some instances, the juvenile court may exercise its jurisdiction to make a best interest determination, which may or may not be consistent with a determination already made by Human Services. In these instances, the juvenile court’s orders are the final determination. B. Timing and Outcome of Best Interest Determination The best interest determination must be made prior to a change in schools. The outcome of a best interest determination can be: It is in the student’s best interest to remain in the school of origin, and a transportation plan is not necessary; It is in the student’s best interest to remain in the school of origin, and a transportation plan is necessary; or It is in the student’s best interest to change schools. The new school and date for transfer must be identified.