FFC(LEGAL) - STUDENT WELFARE: STUDENT SUPPORT SERVICES
Liaison for Court-Related Students
A district shall appoint at least one educator, as defined by Education Code 5.001(5), to act as a liaison officer for court-related students. The liaison officer shall provide counseling and other services for court-related students and their parents to establish or reestablish normal attendance and progress in school. Education Code 37.014
Liaison for Homeless Students
As a condition of receiving funds under the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act), a district shall designate an appropriate staff person, able to carry out the required duties, as the district liaison for homeless children. A district will adopt policies and practices to ensure participation by the liaison in professional development and other technical assistance activities provided and approved by the statewide coordinator for education of homeless children and youths. 42 U.S.C. 11432(g)(1)(J)
A district shall inform school personnel, service providers, and advocates working with homeless families, parents and guardians of homeless children, and homeless children of the duties of the liaison. [See FD for definition of "homeless children."]
The liaison shall ensure that:
- Homeless children are identified by school personnel and through outreach and coordination activities with other entities and agencies;
- Homeless children are enrolled in, and have a full and equal opportunity to succeed in, district schools;
- Homeless families and homeless children have access to and receive educational services for which they are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act, early intervention services under Part C of the Individuals with Disabilities Education Act, and other district preschool programs;
- Homeless families and homeless children receive referrals to health care, dental, mental health and substance abuse, housing, and other appropriate services;
- The parents or guardians of homeless children are informed of the available educational and related opportunities and are provided meaningful opportunities to participate in the education of their children;
- Public notice of the educational rights of homeless children is disseminated in locations frequented by parents or guardians of such children, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children, and unaccompanied youths;
- Enrollment disputes are mediated;
- The parent or guardian of a homeless child, and any unaccompanied youth, are fully informed of all transportation services, including transportation to the school of origin, and are assisted in accessing transportation to the school of enrollment;
- School personnel providing services under the McKinney-Vento Act receive professional development and other support; and
- Unaccompanied youths:
- Are enrolled in school;
- Have opportunities to meet the same challenging state academic standards as the state establishes for other children; and
- Are informed of their status as independent students under section 480 of the Higher Education Act of 1965 and that the youths may obtain assistance from the liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid.
42 U.S.C. 11432(g)(6)(A), (B)
Determination of Homeless Status
A liaison who receives training under 42 U.S.C. 11432(f)(6) may affirm, without further action by the Department of Housing and Urban Development, that a child who is eligible for and participating in a district program, or the immediate family of such a child, who meets the eligibility requirements of the McKinney-Vento Act for an authorized program or service under Title IV of the Act, is eligible for such program or service. 42 U.S.C. 11432(g)(6)(D)
Liaison for Children in State Conservatorship
Each district shall appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school of a child in the district who is in the conservatorship of the state and submit the liaison's name and contact information to TEA in a format and under the schedule determined by the commissioner of education.
TEA shall provide information to the liaisons on practices for facilitating the enrollment in or transfer to a public school of children who are in the conservatorship of the state.
Education Code 33.904
Transition to Higher Education
A district, in coordination with the Department of Family and Protective Services (DFPS), shall facilitate the transition of each child enrolled in the district who is eligible for a tuition and fee waiver under Education Code 54.366, and who is likely to be in the conservatorship of DFPS on the day preceding the child's 18th birthday to an institution of higher education by:
- Assisting the child with the completion of any applications for admission or financial aid;
- Arranging and accompanying the child on campus visits;
- Assisting the child in researching and applying for private or institution-sponsored scholarships;
- Identifying whether the child is a candidate for appointment to a military academy;
- Assisting the child in registering and preparing for college entrance examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by DFPS; and
- Coordinating contact between the child and a liaison designated by the Higher Education Coordinating Board for students who were formerly in the conservatorship of DFPS.
Family Code 264.1211 [See FFEA]
Child Welfare Contact
A district receiving Title 1, Part A funds must collaborate with the state or local child welfare agency to designate a point of contact if the child welfare agency notifies the district, in writing, that the agency has designated an employee to serve as a point of contact for the district. 20 U.S.C. 6312(c)(5)(A)
School-Community Guidance Center
A district may establish a school-community guidance center designed to locate and assist children with problems that interfere with their education, including juvenile offenders and children with severe behavioral problems or character disorders.
Each center shall coordinate efforts of district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.
Education Code 37.051
Upon request from a superintendent, a governmental agency concerned with children that has jurisdiction in a district shall cooperate with the school-community guidance center and shall designate a liaison to work with the center in identifying and correcting problems affecting school-age children in the district. The governmental agency may establish or finance a school-community guidance center jointly with a district according to terms approved by the governing body of each participating entity. Education Code 37.053
A board may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct. Education Code 37.052
Parental Notice and Access to Information
Before a student is admitted to a school-community guidance center, the administrator of the center shall notify the student's parent or guardian that the student has been assigned to attend the center.
The notice must include:
- The reason the student has been assigned to the center;
- A statement that on request the parent or guardian is entitled to be fully informed in writing of any treatment method or testing program involving the student; and
- A statement that the parent or guardian may request to be advised and to give written, signed consent for any psychological testing or treatment involving the student.
If after notification, the parent refuses to consent to testing or treatment of the student, the center may not provide any further psychological treatment or testing.
A parent or guardian of a student attending a center is entitled to inspect:
- Any instructional or guidance material to be used by the student, including teachers' manuals, tapes, and films; and
- The results of any treatment, testing, or guidance method involving the student.
The administrator of the center may set a schedule for inspection of materials that allows reasonable access but does not interfere with the conduct of classes or business activities of the school.
Education Code 37.054
On admitting a student to a school-community guidance center, a representative of a district, the student, and the student's parent or legal guardian shall develop an agreement that specifies the responsibilities of the parent and the student. The agreement must include:
- A statement of the student's behavioral and learning objectives;
- A requirement that the parent attend specified meetings and conferences for teacher review of the student's progress; and
- The parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting objectives, defined by the district, to aid student remediation.
A superintendent may obtain a court order from a district court in the district requiring a parent to comply with such an agreement. A parent who violates such a court order may be punished for contempt of court.
If a district, the student, and the parent or guardian for any reason fail to reach an agreement, any party may request the juvenile court or its designee to conduct a hearing and enter an order establishing the responsibilities and duties of each of the parties as the court deems appropriate.
Education Code 37.055–.056