FCYU-Feature Story

Getting the Education You Deserve
Know the law and make it work for you

By Akeema Lottman

While writing about my struggle to graduate (see p. 4), I was invited to speak on a panel with other teens in foster care and share my experience with a room full of lawyers, social workers and judges at the New York City Bar Association (a professional organization for lawyers). These were the people who had the power to change laws and stand up for kids in foster care so that we get the education we’re entitled to.

Participating in the panel was a good experience. I found out that there are people who can help you and who will actually listen to you. One of the other speakers was Kathleen McNaught, director of the American Bar Association’s Legal Center for Foster Care and Education. I interviewed McNaught to find out about educational rights of students in foster care.

Q: What are some common problems faced by youth in care when it comes to completing their education?

A: I think changing schools is a huge issue all across the country for young people in care. Kids in care often have to change schools a lot. It can keep them from graduating on time and from bonding with teachers, friends and peers.

When school changes are made, it’s important to make sure that kids are immediately enrolled in the new school without long delays. The old and new schools should be communicating right away so that records and credits get transferred quickly.

Changes in living circumstances and in schools are often abrupt and without warning. We talk to a lot of young people who end up losing credits because they had to move suddenly. They might have even finished three and a half months of a four-month semester, but because they weren’t there for the last couple of weeks, they end up not getting credit for a class.

Q: How exactly do problems with transferring credits or coursework lead to higher dropout rates?

A: Like most students, youth in care have goals to graduate and attend college. Unfortunately, changing schools often causes them to lag behind their peers. When foster youth are unable to earn credits for classes or coursework they’ve already completed, they fall behind on graduation requirements and may be held back. That’s frustrating, and teens often lose the motivation to continue with school.

Q: Is anything being done about those problems?

A: A new federal law called the Fostering Connections to Success and Increasing Adoptions Act of 2008 is making big changes in the child welfare system. One of those changes involves trying to help students stay in school and graduate on time.

Under the new law, when an agency is placing a child in foster care (or changing a child’s placement), the agency must take into account where the child is going to school and how close the new placement is to that school. That’s important because school changes can be avoided altogether if your new placement can keep you in the same school.

If there’s a good reason why a student should switch schools, the school system and the child welfare agency must make sure the student gets immediately enrolled and transfer all school records. Some states already have their own timelines for this. But the Fostering Connections law could require states to do it faster than they do now.

Q: Are there other things happening to make sure that students in foster care don’t fall behind?

A: In the past few years, some states have passed their own laws to try and get rid of challenges that keep youth in care from graduating.

In California, a recent law requires all public school districts to accept “full or partial coursework” completed by a student while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency.

In Maine, a law gives special protections for foster youth. When a student is placed in a new school, the law says that the student, the student’s guardian and staff at the old and new schools must work together to make a plan showing how the student will complete coursework and earn credits. The law helps solve some of the credit transfer problems that come up when different schools have different requirements.

Q: Students often feel like they don’t have much control over the decisions being made about their education. How can we advocate for ourselves?

A: If adults don’t know your interests and strengths, it’s very hard to make a good decision on your behalf. You need to have your voice heard, and it’s important that you be persistent in making the adults in your life pay attention. If you tell your caseworker there’s a certain class you want to take and your caseworker ignores you or doesn’t act on it, be sure to tell others: teachers, lawyers, foster parents, even the judge at a court hearing.

I feel strongly that when you are comfortable and interested in doing so, you should be attending your court hearings. It’s a great opportunity to speak up about any issue that you feel is not being addressed by the people around you.

Q: Where else should you speak up?

A: Young people should also be participating in all meetings about planning. If an education meeting is going on, make sure you’re being invited. If not, ask why you’re not being included. Tell people you have an opinion about where you should live, what classes you go to and what goals you have for the future.

If you can’t be part of those meetings, make sure there’s someone in the meeting who knows how you feel and who will be your advocate. You should have a say in which adults are going to make the best decision for you.

Q: I’ve heard that having a connection with one supportive adult at your school can make a big difference. Do you have any advice about how to find someone like that?

A: I think youth are often cautious (and understandably so) about sharing details of their lives with people at school. It’s important to feel that this information is going to be handled in an appropriate and private manner. A good starting point is to work on developing trust with one adult at school so that you feel comfortable sharing information about your personal situation.

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