GAHSC

Education of the Children of Foster Care Policy Concerns
Department of Education
Georgia Association of Homes and Services for Children
February 9, 2004

Foster Children shall be educated by the Department of Education

The Department of Education shall provide the education of children in out of home care who cannot be educated in the regular school system.

There should be policy detailing the relationship between the local education agency (LEA) and the residential centers. We, like most other residential centers, do not collaborate efficiently with our local school system. There seems to be confusion as to what the LEA's role is, and there is no one really responsible for seeing that they actually offer any assistance.

Foster Children shall have an education plan - There is little accountability for educating these children from the county boards of education. They are often are not on the school roles. In most situations they are not counted by the school system's FTE count. In most situations these children are relegated to a second-class status of no name, no money, and no count.

Child Welfare dollars should not be used to educate children. - Presently foster children are educated in licensed facilities are educated with dollars from the Department of Human Resources.

Georgia Code 20/2/133 shall be amended to recognize the State's responsibility for the education of a foster child. - Georgia's law now allows the local boards of education to deny educational services to a child for up to 60 days before they become eligible for educational services.

Reports of Child Abuse

Attention has recently been drawn to the consequences of not reporting suspected child abuse and neglect in Georgia with the dismissal of school personnel who did not report the abuse. It should be noted that persons who call to report suspected abuse do not have to be sure maltreatment has occurred. They simply report what they have seen or heard. The authorities will investigate and confirm whether or not abuse has occurred; the sooner the authorities know about such a situation, the faster they can move to help and prevent the unfortunate outcomes that were recently reported.

While everyone is encouraged to report suspected child abuse or neglect, the law requires that persons in some professions be required to report. They are called "mandated reporters" and they include the following school-related professionals:
- Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43 (OCGA)
- Professional counselors, social workers or marriage and family therapists licensed pursuant to Chapter 10A of Title 43 (OCGA)
- School teachers
- School administrators
- School guidance counselors, visiting teachers, school social workers or school psychologists certified pursuant to Chapter 2 of Title 20 (OCGA).

Please note that the law clearly requires the reporting of such "suspected" maltreatment by the person observing the possible mistreatment. No administrator or supervisor should ever indicate to one of their employees to wait to make such a report. To do so puts both the person observing the suspected maltreatment and the administrator in a liable situation.

According to the Department of Family and Children's Services, generally there are three categories of child abuse or neglect.

§ Physical abuse is injury to a child under age 18 by a parent or caretaker, which results in bruises, welts, fractures, burns, cuts or internal injuries.
§ Neglect is the failure of the parent or caretaker to see that the child is adequately supervised, fed, clothed, housed or provided medical care.
§ Sexual abuse occurs when a parent or other adult uses a child under age 18 for sexual stimulation.

There are certain indicators to look for that may be caused by possible abuse and neglect. Children who are maltreated are:
o often left home alone
o in the neighborhood for long periods without supervision
o frequently hungry
o dressed inadequately for the weather
o absent from school frequently
o bruised or have other marks of physical violence
o withdrawn or overly aggressive
o not receiving needed medical attention

How to Report

If a child is in immediate danger (obviously beaten or left alone overnight, for example), the police should be called immediately.

In all other cases, reports should be made to the DFCS office in the county where the child lives.

For additional information concerning this important topic, please contact Jacqueline Melendez, Guidance Consultant at the Department at 404.657.4965 or by email at jmelende@doe.k12.ga.us.

Education Dollars following the Child

Students educated at residential facilities should be included on the local school systems FTE count. The money earned could then flow to the residential facilities. It is the most effective means by which to fund the educational services provided to the students.

Staffing of Educational Facilities

Help is needed in regard to securing teachers for residential facilities. Teachers in residential facilities earn significantly less money than teachers in the local system. This makes it difficult to attract and retain certified and experienced teachers. Further, teachers in residential facilities are exposed to fewer professional development opportunities. Perhaps the teachers at any given residential setting could be considered members of the local school system, and become eligible for staff development with the local system.