Nevada Administrative Code Chapter 392B - Program of School Choice for Children in Foster Care
Nevada Administrative Code Chapter 392B — Program of School Choice for Children in Foster Care
Overview
NAC Chapter 392B establishes the regulatory framework for the Program of School Choice for Children in Foster Care in Nevada. This program is designed to ensure that children placed in foster care have the right and opportunity to attend a school that best meets their educational needs, minimizing disruptions and promoting educational stability.
The chapter is implemented pursuant to federal laws such as the Fostering Connections to Success and Increasing Adoptions Act of 2008, which emphasize educational stability for foster youth, and Nevada Revised Statutes (NRS) provisions regarding education and child welfare.
Key Components of NAC Chapter 392B
1. Purpose and Policy
To promote educational stability and continuity for children in foster care by providing them with school choice options.
To reduce the trauma and negative educational impacts of frequent school changes associated with foster placements.
To ensure compliance with both state and federal mandates regarding foster children’s education.
2. Definitions
Child in foster care: A child placed in foster care as defined by state child welfare laws.
Educational stability: The goal of maintaining the child’s school placement even if the foster placement changes, when in the best interest of the child.
School of origin: The school the child attended at the time of placement or before placement in foster care.
Local education agency (LEA): The school district or charter school responsible for the child’s education.
3. School Choice Rights
Children in foster care have the right to remain enrolled in their school of origin, unless it is determined that remaining in that school is not in their best interest.
If remaining in the school of origin is not appropriate, the child has the right to attend a new school that meets their educational and developmental needs with minimal disruption.
4. Best Interest Determination
The foster care caseworker, in collaboration with the child’s education liaison and the LEA, must make a determination about the child’s best interest regarding school placement.
Factors considered include:
The child’s educational needs and preferences
The distance and safety of travel to the school of origin
The child’s current placement and stability
Availability of special education services or other support at the school of origin or alternative school
5. Transportation
When a child remains in the school of origin but is placed in a different district, the responsible LEA(s) must coordinate transportation arrangements to facilitate attendance.
Transportation costs and responsibilities are allocated according to state and local policies, ensuring access to the school of origin.
6. Educational Records and Collaboration
The child’s educational records must be promptly transferred between schools to ensure continuity.
Collaboration among child welfare agencies, LEAs, schools, foster families, and caregivers is mandated to support the child’s educational success.
7. Appeals and Dispute Resolution
If disagreements arise concerning school placement, parents, foster caregivers, or caseworkers may appeal decisions through established school district processes.
The NAC encourages timely resolution to prevent educational disruption.
Relevant Case Law Principles
While direct case law specifically citing NAC Chapter 392B may be limited, federal and state court decisions concerning educational rights of foster children provide important guidance:
1. Right to Educational Stability
Courts have recognized that children in foster care have a protected interest in educational stability, which is crucial for their academic and emotional well-being.
Cases emphasize that school changes should be minimized and that the best interest of the child must guide decisions.
2. Coordination Between Child Welfare and Education Agencies
Courts uphold the necessity of collaboration between child welfare agencies and school districts to ensure compliance with federal laws like the Every Student Succeeds Act (ESSA) and related regulations.
Failures to coordinate and maintain educational stability have led to findings of violation of children’s rights.
3. Transportation Obligations
Courts have ruled that school districts and child welfare agencies may be required to provide transportation to enable foster children to remain in their school of origin, emphasizing that logistical challenges should not impede educational rights.
4. Procedural Due Process
When school placement decisions affect the rights of foster children, procedural due process requires that affected parties receive notice and an opportunity to be heard, particularly if a child is being moved to a different school against their or their caregiver’s wishes.
Legal Principles Applied by Courts
Educational stability is a critical factor in child welfare cases, supported by both statutory and case law frameworks.
Inter-agency cooperation is legally mandated to uphold foster children’s educational rights.
Transportation and access to educational opportunities must be provided without undue barriers.
Due process protections apply when educational placements are contested or changed.
Practical Implications
Child welfare agencies and school districts must maintain close communication and coordination.
Foster parents and caseworkers should be informed of the child’s right to school choice and involved in best interest determinations.
Educational liaisons play a critical role in facilitating records transfer, school enrollment, and resolving disputes.
Timely decisions and transportation arrangements are essential to prevent interruptions in education.
Summary
NAC Chapter 392B ensures that children in foster care in Nevada have the right to attend the school that best meets their needs, prioritizing educational stability and minimizing disruptions. The chapter mandates collaboration between child welfare and education agencies, transportation provision, and procedures for best interest determinations and appeals. Courts emphasize the importance of these protections in fostering the educational success and well-being of foster children.
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