Information Update Bulletin 00.11

December 2000

TO:	District Administrators, CESA Administrators, CCDEB Administrators, Directors of Special Education and Pupil Services, and Other Interested Parties
FROM:	Michael J. Thompson, Assistant Superintendent Division for Learning Support: Equity and Advocacy
SUBJECT:	Educational Services for Children Placed in Out-of-Home Care

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Editorial Note: Because of the size of this bulletin, this web version has been split. Part 1 contains the Introduction and Questions 1 to 65. Part 2 contains questions 66 to 97. The Glossary and Resources are separate, as well as the sample forms. The Table of Contents is repeated in both Part 1 and Part 2 for navigation between the documents.

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Developing and implementing educational programming for children and youth placed in out-of-home care necessitates schools and county social services agencies work together in the best interests of these young people. This collaborative effort is facilitated when each system understands the priorities, mandates and statutory authority of the other system.

In 1993, a cross-agency work group from the Departments of Public Instruction (DPI) and Health and Family Services (DHFS) developed a document entitled "Children Placed in Foster Homes: Questions and Answers" in response to the needs of local education agencies and county departments of social services. Recently, this work group was reconvened to update and expand this document to keep it current with state and federal laws.

This is a collection of questions frequently asked by staff from school districts and social services agencies. It is designed to help explain the basic terminology used and processes followed by schools and social services agencies related to educational programming for students placed in out-of-home care. The questions in this document are divided into several categories: foster home placement, licensure and supervision of foster homes, provision of services, interagency cooperation, funding, child abuse and neglect, student discipline, and special education.

Both DPI and DHFS hope you will use this document to help improve your educational services to youth placed in out-of-home care. Questions regarding the special education portions of this document should be directed to the Special Education Team at (608) 266-1781. Regular education questions should be directed to the Student Services/Prevention and Wellness Team at (608) 266-8960. Questions regarding the social services portions of this document should be directed to the Bureau of Programs and Policies at the Department of Health and Family Services at (608) 266-3036.

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EDUCATIONAL SERVICES FOR CHILDREN
PLACED IN OUT-OF-HOME CARE

DECEMBER 2000

A Joint Publication
Wisconsin Department of Health and Family Services
Wisconsin Department of Public Instruction

This document may be found at the following websites:

dpi.wi.gov/sped/bulindex.html

INTRODUCTION

During each school year, more than 9,000 Wisconsin children are placed in foster homes and enrolled in public schools. Many of these foster homes are located outside of the child's original school district of residence. Each year, many questions are raised by school staff, foster parents, birth and adoptive parents, social services staff and others concerning the provision of appropriate and timely programs and services to these children. It is the intent of this publication to address the most commonly asked questions and to assist in the cooperative efforts that are necessary for effective and coordinated communication about the needs of these children.

The Question and Answer format of this joint Department of Health and Family Services and Department of Public Instruction document is based on an original list of over 150 issues identified by a 13 member focus group convened by the two Departments in March, 1993. This group represented foster parents, social services staff, educational staff and other providers of service. Since that time, laws and policies have changed and many new questions have been asked. A joint committee of the two Departments has met for the last few months to review, combine, organize and develop responses to the questions, which were then edited by the committee and other staff of the Departments.

The resulting document contains almost 100 questions and answers under the general topics of provision of services, interagency cooperation, funding, foster home placement, licensure and supervision of foster homes, child abuse and neglect, student discipline, and special education. In addition, a glossary of terms and a listing of pertinent resources have been included.

Please consider this information as one joint attempt to assist in improving programs and services to children enrolled in the public schools who have been placed in foster homes. This cooperative process, in addition to leading to clarification of issues, has alerted both Departments to other issues that will require resolution. It is our intent to reissue this document on occasion as issues are resolved, other issues arise and clarification is needed. It is also our intent to continue our cooperative relationship through the development of other resource materials.

We hope you find this useful in your important work. Your comments and suggestions are appreciated.

//signed SND Susan N. Dreyfus Administrator Division of Children and Family Services Department of Health and Family Services

//signed MJT Mike J. Thompson Assistant Superintendent Division for Learning Support: Equity and Advocacy Department of Public Instruction

Table of Contents

I. Foster Home Placement

1. How are children placed in foster care?
2. Why are children placed in foster care?
3. What can be done to limit the number of foster children placed in a district?
4. How is the tribal court involved in foster care placements?
5. Can school districts be notified in advance that a child is going to be placed in a foster home in the district?
6. Should schools be notified when children are moved from foster home to foster home?
7. Are relatives given priority when placing a child in foster care?
8. How often is the placement of a child in foster care reviewed?
9. Who determines the length of stay in foster care?
10. Is particular consideration given to keeping a child in foster care for at least one full school year?
11. Do private agencies receive all of their referrals from county agencies?
12. How does foster care placement lead to adoption?
13. Is any consideration given to the number of children with disabilities placed in a foster home?

II. Licensure and Supervision of Foster Homes

14. What is required for licensure as a "treatment" foster home?
15. What are the limits, if any, on the number of children placed per foster home or treatment foster home?
16. Who regulates and licenses private treatment foster homes?
17. What training is provided to treatment foster parents?
18. How are foster homes selected?
19. Is the background of potential foster parents investigated?
20. Is there a review process for evaluating foster homes and treatment foster homes?
21. Who monitors foster homes and treatment foster homes to assure the proper health and safety of foster children?

III. Provision of Services

22. Who is responsible for the provision of non-educational services and case management for a child in foster care?
23. Does the school know, in written form, who has legal custody of a child?
24. Are parents still involved when a child is in out-of-home care? What is the nature of that involvement? Are they involved with schools?
25.How can schools find out when custody switches from county to parent, but the child remains in foster care?
26. To whom can the school go when there is a conflict between the foster parent and the parent?
27. Whom does the school contact if it believes the foster child needs more services than he/she is receiving?
28. Is it possible to have different requirements for a foster child leaving an institution versus a home? When a child goes from an institution into a foster home, how does the school develop a program for that child?
29. Can schools and teachers be made aware of medications a child in foster care is taking? If so, who is responsible for the notification?
30. What programs and services are schools obligated to provide children living in out-of-home care?
31. Must a school district enroll a child placed in out-of-home care, even if the placement will be short term?
32. Must a school district provide educational services immediately when receiving a child placed in out-of-home care or can the district wait for records and time to adequately plan? If service(s) must be provided, can it be at an alternative site?
33. Can a public agency transferring a child between foster homes and school districts permit the child to remain at home prior to attending the school, so that the new district has adequate time to prepare?
34. May a parent or social services opt to keep a child in the school in which he/she began the school year (especially if the foster home placement might be short-term)?
35. Who provides transportation for children to attend school programs? Is there a maximum time or distance for a child to be transported?
36. Are there opportunities to help a child in out-of-home care with post-secondary education?
37. Where can people go for more information from the state or private sector?

IV. Interagency Cooperation

38. What information can social services agencies share with school districts, foster parents, parents and other service agencies?
39. Should the school be notified of all visits between a foster child and his/her parents that are held outside of the school?
40. Can schools be involved in developing a child's treatment plan or permanency plan?
41. What is the administrative relationship between a county department of social or human services and the state department of health and family services?
42. Is there consistency in the manner in which county agencies deal with schools?
43. How can schools communicate more effectively with social services agencies?
44. May the social service worker contact the teacher or school of a child living in out-of-home care on a regular basis in order to keep lines of communication open?
45. How can we avoid stigmatizing youth living in out-of-home care in the school system?
46. Who can review the child's education file? What are the procedures that need to be followed?
47. What information is most important for educators to have when a student transfers into a district?
48. How can records be transferred in a timely manner?
49. Is a residential facility that has been providing educational services to a youth who has now enrolled in a public school required to forward the student's educational records to the public school once the facility has received notice the student has enrolled in the public school?
50. What can be done to facilitate communication between social services agencies and school districts?

V. Funding

51. Do school districts receive any financial aid for serving children in foster homes?
52. Does educational funding follow a foster child when the child is placed in a foster home located in another school district?
53. When a school district programs for a child without disabilities but with educational needs that are still difficult to meet, are there special incentives for them to assume this responsibility?
54. How will differences between the schools and the social service agencies be resolved in areas such as treatment plans and fiscal responsibility?

VI. Child Abuse and Neglect

55. How does the child welfare agency decide how quickly to investigate a report of suspected child abuse or neglect?
56. What information is a mandated reporter entitled to receive after making a report of suspected child abuse or neglect?
57. What are the possible outcomes of an investigation of suspected child abuse or neglect?
58. Is a county child protection worker entitled to receive or review student records as part of an investigation of suspected child abuse or neglect?

VII. Student Discipline

59. Who determines if an absence is excused?
60. What is truancy and habitual truancy?
61. May a school use corporal punishment as a form of student discipline?
62. Are there any statutes that govern the personal privacy of students?
63. What is the school district's authority to suspend a student?
64. What is the school district's authority to expel a student?
65. Are there any special considerations when a school district seeks to expel a child with a disability?

VIII. Special Education

66. Who has the authority to grant consent to evaluate a child for a suspected disability, to grant consent for initial placement in special education or to consent to reevaluation?
67. Who is a parent of a child with a disability?
68. Who is a "person acting as a parent?"
69.Who is a surrogate parent?
70. When is a surrogate parent assigned?
71. When may a foster parent act as a child's parent for the purpose of special education?
72. If the court assigns an employee of a county social services or human services agency as a child's guardian, is that person a parent under special education law?
73. May a local educational agency treat an individual who advocates on behalf of students with disabilities as the child's parent?
74. May a biological parent object to a decision made by an IEP team that did not include the biological parent, but included a person acting as a parent?
75. Who may be assigned by a local educational agency as a surrogate parent?
76. If the state, a county, or a child welfare agency already has the authority to make educational decisions for a child, why must a surrogate be assigned?
77. May surrogate parents be paid for performing their duties?
78. What role may the foster parent play in special education decision-making in a case where the parent retains legal rights?
79. What is the local educational agency for a child with a disability?
80. What is an IEP team? Who is involved?
81. Who may initiate an IEP team evaluation?
82. What is an individualized education program?
83. What is the process for developing an IEP?
84. May a representative of a social services or human services agency participate in the development of transition services for a child?
85. What must be included in the statement of needed transition services for a student beginning at age 16?
86. What is the process for implementing the IEP?
87. When is the educational placement implemented?
88. How can an IEP and educational placement be revised?
89. What informal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement or the provision of free appropriate public education to a child?
90. What legal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement, or provision of a free appropriate public education to a child with a disability?
91. What is the status of the child during the due process hearing and any subsequent appeals?
92. Are local educational agencies required to provide special transportation to children with disabilities?
93. What can be done about bus problems? Can special considerations be given for a child with a disability?
94. When a child with a disability transfers from one Wisconsin local educational agency to another, must special education services, including special transportation, be initiated immediately for the child?
95. Is an IEP team evaluation and IEP for a child conducted in one local educational agency valid in another? Must the receiving agency accept the sending agency's evaluation and IEP? Can the receiving agency conduct another evaluation and develop a new IEP?
96. What options are available to a small local educational agency when a child with a disability who has extensive needs is placed there and an appropriate program does not currently exist?
97. How can schools effectively communicate to foster parents and social services agencies what the rules and procedures are for children with disabilities?

IX. Glossary

X. Resources

DHFS Licensing Offices
DHFS Area Administration

XI. Forms

Assignment of a Surrogate Parent - MS Word Print Version
Authorization for Foster Parent to Act as a Parent - MS Word Print Version

I. Foster Home Placement

1. How are children placed in foster care?
   
   Almost all children are placed in foster care by order of the juvenile court as a result of the child being found to be delinquent or in need of protection or services. There are also a small number of children who are placed in foster care under a voluntary placement agreement between the child's parents and a public or private social services agency. In the latter case, the placement cannot last longer than six months.
   
   
2. Why are children placed in foster care?
   
   

   Children are placed for a wide variety of reasons, including delinquency, abuse or neglect, uncontrollability, truancy, running away, developmental or physical disability, and mental illness. In every court-ordered placement, the court must make a determination that continuation in the home would be contrary to the welfare of the child.

3. What can be done to limit the number of foster children placed in a district?
   
   

   At the present time, given the overall shortage of foster parents, children are placed based on the appropriateness of the home and where there are beds available. If foster homes were available on a wider geographic basis, then the odds of one district being overwhelmed would be reduced. For this reason, it is strongly encouraged that county departments coordinate recruitment activities with schools, churches, civic organizations and other local agencies to recruit foster parents on a continuous basis.

4. How is the tribal court involved in foster care placements?
   
   

   The Indian tribes in Wisconsin are authorized to license foster homes on reservations. Tribal courts have the authority to place children under their jurisdiction in foster homes anywhere in Wisconsin or can contract for foster care placements with private agencies. In some cases, tribes may have agreements (called 161 Agreements because the agreements were created by 1983 Wisconsin Act 161) with county agencies for payment of out-of-home care costs.

5. Can school districts be notified in advance that a child is going to be placed in a foster home in the district?
   
   

   To the extent possible, the school district that the child will be attending should be notified immediately once it is determined where the child will be placed. In some cases, this is not possible due to the emergency nature of placements. Even in non-emergency situations, there is often only a day or two between the time the placement is determined and the child is placed.

   Foster care agencies are encouraged to notify local schools as soon as possible regarding a potential or actual placement. Under § 48.62(3), Stats., the Department of Health and Family Services (DHFS), county departments and private child placing agencies are required to notify the clerk of the school district when a foster home is licensed in the school district. Under § 48.625(2m), Stats., the DHFS is required to notify the clerk of a school district when a group home is licensed in the school district. Under § 48.64(1r), Stats., an agency placing a child in a foster home, treatment foster home or group home must notify the clerk of the school district that a child has been placed.

6. Should schools be notified when children are moved from foster home to foster home?
   
   

   Yes, schools should be notified when such moves occur, whether the move is from one district to another, one attendance area to another, or even when the child will attend the same school. Clearly, schools have a need to know when the residence of a child changes, whether the child is in foster care or in the parental home.

7. Are relatives given priority when placing a child in foster care?
   
   

   Agencies must consider relatives if the child's legal custody is to be transferred, the child is to be placed in out-of-home care or the child is to be adopted. However, it may be that an available relative placement would not be in the child's best interests or that no relative is available, interested or appropriate.

8. How often is the placement of a child in foster care reviewed?
   
   

   Both federal and state laws require that the placement of all children in foster care be reviewed at least every six months. These formal 6-month reviews should be supplemented by ongoing case decisions and informal reviews by the child's agency social worker and his or her supervisor.

9. Who determines the length of stay in foster care?
   
   

   Almost all children in foster care (approximately 96%) are placed by a juvenile court. As a result, the ultimate decision on the length of a placement for most foster children is the court's. The child's agency social worker, the placing agency, the foster parents, the panel members or judge who conduct the six-month reviews, and others are all involved in the decision and provide input to the court.

10. Is particular consideration given to keeping a child in foster care for at least one full school year?
    
    

    No. It is important to keep in mind that the removal of a child from a family is a very intrusive action on the part of a governmental agency. Such a decision is not lightly made and can, in fact, be made only within a statutory framework. Generally, when a child is removed from home, the court will establish conditions that need to be met by either the child or the parents or both. When those conditions have been met or it is determined that they will likely not be met, the court and the placing agency are required to reunite the family or make other permanent placement efforts, e.g., place the child for adoption.

    While the argument for keeping a child in one school for a whole academic year is credible and valid, it is the best interest of the child and family, as mandated by law, which takes precedence. Educational considerations may be taken into account, but they are not necessarily determinative.

11. Do private agencies receive all of their referrals from county agencies?
    
    

    Almost all children placed in foster care by private agencies are placed at the request of county agencies. The county agency will enter into a contract with the private agency for the provision of certain services in exchange for established or negotiated costs.

    In some cases, private agencies will place children under voluntary placement agreements with parents or will place children referred to them from other states under the Interstate Compact on the Placement of Children. This involves a relatively small number of children.

12. How does foster care placement lead to adoption?
    
    

    All children entering foster care must have a permanence goal. In most cases, that goal is reunification with the family. In other cases, the goal may be placement with a relative, long-term foster care, independent living, or the termination of parental rights. If there is a termination of parental rights, the plan may be adoption or "sustaining foster care" (care in which the child is unlikely to be adopted but the plan is for the child to remain with the current foster parent until adulthood).

    The premise of all of these goals, and permanency planning in general, is to attempt to place a child in a stable, permanent environment as soon as possible.

13. Is any consideration given to the number of children with disabilities placed in a foster home?
    
    

    Such consideration is not specifically based on the disability status of the child. Consideration is given to the overall needs of the child and the ability of the foster parents to provide supervision of all children in the foster home.

II. Licensure and Supervision of Foster Homes

14. What is required for licensure as a "treatment" foster home?
    
    

    A treatment foster home is licensed according to § 48.62(1)(b), Stats., and Chs. HFS 38 and HFS 56, Adm. Code. Treatment foster care requirements included heightened standards of qualifications and training of both social workers and treatment foster parents. In general, treatment foster care is still a family-based approach to out-of-home care but serves a population of children with more complex needs than those children in "regular" foster care.

15. What are the limits, if any, on the number of children placed per foster home or treatment foster home?
    
    

    Generally, a foster home may have up to four foster children. The only exceptions to this are if all of the children placed in a home are siblings, in which case there is no limit and if allowing up to six children in a foster home will allow a sibling group to be placed together. The licensing rules relating to space, etc. and the capacity of the foster parents to serve all of the children still apply. A treatment foster home may have up to four foster children.

    A licensing agency may, for a number of reasons, license the home for less than four children or may license the home only for a specific child.

16. Who regulates and licenses private treatment foster homes?
    
    

    All foster homes in this state, treatment or otherwise, are licensed pursuant to rules promulgated by the DHFS. The DHFS, a county agency, or a private agency, if licensed by the DHFS, may license foster homes. A private treatment foster home is licensed by a private agency (licensed by the DHFS) according to the requirements of the state licensing rule. To that extent, the DHFS "regulates" the licensure, but the licensing agency supervises the home. [Ref. § 48.75, Stats.]

17. What training is provided to treatment foster parents?
    
    

    Treatment foster parents must receive 18 hours of training before a child is placed with them. They must receive 24 hours of training in the second year of licensure and 18 hours per year for every year after the second year. The DHFS rules identify certain basic areas of training and licensing agencies may have their own requirements.

18. How are foster homes selected?
    
    

    Generally, a potential foster parent will contact a licensing agency, usually a county department, and will complete an application. The licensing agency will then study or assess the family according to Ch. HFS 56, Adm. Code. Licensing agencies will utilize their own methodologies (e.g., home visits and interviews) to ascertain whether the requirements of Ch. HFS 56 are met.

    Once a foster home is licensed, the placing agency will attempt to match foster children with the foster parents. In some cases, the foster home will be licensed only for children of a certain age, gender, or "type" (e.g., developmentally disabled, emotionally disturbed).

19. Is the background of potential foster parents investigated?
    
    

    Chs. HFS 12, 13 and 56, Adm. Code, and state statutes require criminal record and child protective services checks and require the foster home license applicant to provide references and an employment history. In addition, health examination documentation for all household members is required. There is also general language that allows the licensing agency to request other information it deems necessary to determine if the applicant is qualified to obtain a license. [Ref. § 48.685, Stats.]

20. Is there a review process for evaluating foster homes and treatment foster homes?
    
    

    A foster home or treatment foster home license can be issued for a period of up to two years. The criminal background child protective services checks must be conducted no less frequently than every 4 years. Licensing agencies will hold discussions with foster parents prior to re-licensure to identify strengths and weaknesses, training needs, support services, etc. In addition, to a certain extent, the home is evaluated on a constant basis when the agency social worker meets with the foster child.

    If a complaint is received, the licensing agency or another social services agency will investigate to determine if the complaint is valid. Remedial actions will result from such findings.

21. Who monitors foster homes and treatment foster homes to assure the proper health and safety of foster children?
    
    

    This is the responsibility of the licensing agency and, if different, the placing agency. Such monitoring would be done from both the licensing perspective and the child welfare perspective.

    If there is a complaint, other agencies would also potentially be involved. Private agencies are licensed by the DHFS and counties are supervised by the DHFS.

III. Provision of Services

22. Who is responsible for the provision of non-educational services and case management for a child in foster care?
    
    

    The court order must include the identification of the agency that is to be primarily responsible for the provision of services to the child and which agency is to provide case management services. In most instances, this will be the County Department of Social or Human Services. Even if a private agency is involved, the county agency, as the purchaser of services, retains primary responsibility. The main exception to this responsibility is if it is an adoptive placement.

23. Does the school know, in written form, who has legal custody of a child?
    
    

    The order issued by the court will indicate which individual or agency has legal custody of the child. If the court order is not shared with the school for confidentiality reasons, it would be helpful for the child's agency social worker to notify the school in writing of the status of the child's legal custody and the name of the individual to be contacted for educational purposes. Unless otherwise notified, the school should assume that the child's parent remains the child's legal custodian.

24. Are parents still involved when a child is in out-of-home care? What is the nature of that involvement? Are they involved with schools?
    
    

    There is no simple answer. In most cases, the child's permanence goal is to return home. As a result, there is generally some involvement between the parents and child. The degree to which there is involvement, however, varies from case to case and even within cases. It may well be that the parents' involvement with the child will increase as time goes on and the return home becomes more imminent.

    Schools should understand that the parents of a child in foster care might have most of the legal rights of any other parent, except that they do not have physical custody of the child. The parents' rights may be limited by a court order. The goal of social services agencies is to provide whatever services parents and children may need to establish a fully functional family unit. The legal mandate of child welfare services is, in most cases, to reunite families. During this treatment period, the educational laws, including those pertaining to children with disabilities, must be implemented. This means that the educational laws must be carefully interpreted to assure the child's educational rights and child welfare status are protected.

    Schools are advised to communicate with the agency social worker regarding the provisions of the court order when programming for foster children. Practically, this means that the school should keep all these parties informed as to the child's progress, unless ordered to do otherwise by the court, in the same manner as any other child. The student who is a foster child should not, however, be released to the custody of any person not designated by the court or the social services agency as appropriate. Where a parent has been denied periods of physical placement, e.g., visitation, by the court, the school district may not reveal confidential information about the student to that parent without a release of information from the child's custodial parent or guardian. Visitation by parents to the child's classroom may or may not be appropriate; the school's policy and the decision of the social services agency on who has the right to visit the child need to be in agreement. Financial responsibility for school expenses not covered under educational requirements need to be discussed with the social services agency supervising the foster home since they are aware of the limits of parental financial responsibility in a given case.

25. How can schools find out when custody switches from county to parent, but the child remains in foster care?
    
    

    This would be a very rare occurrence. Generally speaking, if the court has transferred legal custody to the county, the custody would not be transferred back to the parent until the child was returned home. Should it occur, however, the child's agency social worker should inform the school.

26. To whom can the school go when there is a conflict between the foster parent and the parent?
    
    

    Any conflicts between foster parents and parents should be brought to the attention of the social services agency responsible for the child. The school district is frequently put in the position of arbitrating differences between the foster parents and the parents in educationally related matters. Disputes between parents and foster parents, although they may arise in the education context, are likely to have broader ramifications for families and the children. Therefore, in any situation where there is such a conflict, it would be helpful for the district to confer with the social services agency to determine a joint course of action. Before personally identifiable information is released, it is advisable to obtain the written consent of the legally responsible adult. If the decision involves a school mandate, the social services agency can be enlisted to support the district's decision. When conflicts are of a non-educational nature, the school should involve the social services agency to avoid possible manipulation by outside individuals.

27. Whom does the school contact if it believes the foster child needs more services than he/she is receiving?
    
    

    School staff who find themselves in this situation should first contact the child's agency social worker or other representative of the placing agency and, if different, the licensing agency. Should those attempts be unsatisfactory, it may be appropriate to contact the agency director.

    If satisfaction is not obtained, school staff should contact the appropriate Regional Office staff. (Please refer to Resources section.)

28. Is it possible to have different requirements for a foster child leaving an institution versus a home? When a child goes from an institution into a foster home, how does the school develop a program for that child?
    
    

    There are not and should not be any differences in how schools program for a child in foster care regardless of whether that child is placed from home or some other out-of-home care placement. Reality for the child is the same: he or she is in foster care and is attending the local school (or other area school, depending upon program availability). In either case, the school that the child is attending should obtain previous educational records and plan accordingly.

29. Can schools and teachers be made aware of medications a child in foster care is taking? If so, who is responsible for the notification?
    
    

    Each school district is required under § 118.29, Stats. to have a policy on the administration of drugs. The school district must have instructions and consent from the parents, guardian or legal custodian to administer over-the-counter drugs. School administration of a prescription drug requires instructions from a medical doctor and consent from the parents, guardian, or legal custodian.

    If a student is required to take medication during the school day, the school is entitled to know and to supervise the administration of that medicine. This assures that students are taking only prescribed medications and that these medications are being taken in the manner in which they were prescribed. This policy should be the same for all students, not just children in foster care. If the student is taking medications that will affect their behavior or school performance, or which might preclude them from certain activities, the school should know that fact even if the medication was given outside the school setting. Only information that is deemed necessary for the school to know to assure the safety of the student and others needs to or should be shared with the school.

    The decision to inform the school regarding medications rests with the parents and the social services agency which has primary responsibility for providing services to the child, just as it would otherwise rest with the student's parents. The social services agency must consider the policy of the school regarding students taking medication in the school and the benefit to the student of sharing information with the school, in addition to the student's right to privacy, as a basis for their decision. In situations where the agency's decision not to share information with the school about the student's need to take medications places the student in violation of school policy, the district should handle the situation in the same manner they would if the student was in his/her parental home.

30. What programs and services are schools obligated to provide children living in out-of-home care?
    
    

    Children living in out-of-home care are entitled to the benefits of the school's program on the same basis as children who reside with parents in the district, including, but not limited to, special education, field trips, athletics and other extracurricular activities, etc.

31. Must a school district enroll a child placed in out-of-home care, even if the placement will be short term?
    
    

    Yes. A child's right to education is established under Article X, Section 3, of the Wisconsin Constitution. A school district has no authority to deny enrollment to an individual between the ages of 4 and 20 years who has not graduated from high school and who is a resident of the district. For educational purposes, a child placed in out-of-home care is a resident of the school district where the out-of-home facility is located, regardless of the anticipated length of placement.

32. Must a school district provide educational services immediately when receiving a child placed in out-of-home care or can the district wait for records and time to adequately plan? If service(s) must be provided, can it be at an alternative site?
    
    

    Generally, a school district must enroll and serve a resident student immediately (see Questions 30 and 31). If the student has an Individual Education Plan (IEP), the school must implement the IEP until either the school adopts the IEP or develops a new IEP (see Questions 94 and 95).

    Section 118.16(4)(cm), Wis. Stats. allows a school board to establish policies which provide that a high school age student may be assigned to a period of assessment as a consequence of the student's truancy or upon the pupil's return to school from placement in a correctional facility, mental health treatment facility, alcohol and other drug abuse treatment facility or other out-of-school placement. The policies must specify the conditions under which a high school student may participate in the assessment without being in violation of the compulsory school attendance laws and the maximum length of time that a student may be assigned to the assessment period. The school district may not assign the high school student to an assessment period:

    1. without the written approval of the student's parent or guardian;
    2. for a period longer than the time necessary to complete the assessment and place the student in an appropriate education program or 8 weeks, whichever is shorter;
    3. more than once; and
    4. if the school district has an alternative education program available for the student that is appropriate for the student's needs.

    The goals of the assessment period are to develop an educational plan for the student, implement an appropriate transitional plan and facilitate the student's placement in an education program in which the student will be able to succeed. The school board is to provide students who are assigned to an assessment period with information on other education programs that the school district or other community providers have available for the student.

    This assessment period cannot be utilized for a student with disabilities unless his/her individualized educational program specifically authorizes the period of assessment, and the student continues to receive a free, appropriate public education during the assessment.

33. Can a public agency transferring a child between foster homes and school districts permit the child to remain at home prior to attending the school, so that the new district has adequate time to prepare?
    
    

    Wisconsin's compulsory school attendance law requires that any adult having control over a child between the ages of 6 and 18 years shall cause that child to attend school during the full period and hours, religious holidays excepted, that the school is in session, §118.15, Wis. Stats. In addition, the Wisconsin Constitution guarantees a child an education, so a school district must make every effort to start a student in appropriate classes and programming on the first day the child enters that school. For children with disabilities, an alternative site may only be utilized if it is authorized by that child's IEP.

34. May a parent or social services opt to keep a child in the school in which he/she began the school year (especially if the foster home placement might be short-term)?
    
    

    Under §121.84(1)(a), Wis. Stats., a school district is required to allow a student who is enrolled in its district and is a resident of the district on the third Friday in September or the second Friday in January and was enrolled at least 20 school days in the current school year to complete the school year without payment of tuition, even if the student moves out of the district during the school year and is no longer a resident.

    Generally, the school district of residence is not responsible for transportation beyond the school district's boundaries. The Department of Public Instruction has suggested that inter-district cooperation may be appropriate to provide transportation. However, the law does not clearly define transportation rights and responsibilities in this area.

    In the case of a child with a disability, the school district where the child began the school year and continues to attend has the responsibility to insure that the child has a Free Appropriate Public Education (FAPE) available. Although state law does not explicitly address this, when special transportation is required by the child's IEP, the district of attendance would also appear to be responsible to insure that it is provided as part of ensuring FAPE. Legislative clarification may be needed to more fully address this area.

35. Who provides transportation for children to attend school programs? Is there a maximum time or distance for a child to be transported?
    
    

    A school district must provide transportation to and from the public school for any resident child who lives two miles or more from the nearest public school. The public school must provide transportation for any resident child between the child's home and a private school if the child lives two or more miles from the private school and in the private school's attendance area, and the private school is located within the district or not more than five miles beyond the district's boundaries.

    There is no established limit for the duration of the bus ride. A generally accepted standard has been an hour, but the needs of the individual child and the geography of the school district should be considered.

36. Are there opportunities to help a child in out-of-home care with post-secondary education?
    
    

    One opportunity in Wisconsin is the Talent Incentive Program (TIP) grant that aids low income/disadvantaged students with limited financial resources. The purpose of TIP is to provide grant awards to uniquely needy students who meet both the financial need and non-traditional/disadvantaged criteria. An example of the non-traditional/disadvantaged criteria would be that the student's environmental and academic backgrounds are such that they deter the pursuit of educational plans.

    Through the Wisconsin Educational Opportunity Programs (WEOP), TIP awards up to $1,800 are made to eligible, first-time, post-secondary school students who are attending Wisconsin colleges, universities or technical schools. Continuing TIP awards are available for students if they have successfully completed their first year at a post-secondary institution. Application forms are available by contacting the WEOP Office of the Department Of Public Instruction, (608) 267-1058.

    Other opportunities exist at both the state and federal level and a student residing in out-of-home care should work with his/her school counselor and institution of higher education.

37. Where can people go for more information from the state or private sector?
    
    

    Please refer to the Resources section of this document for assistance.

IV. Interagency Cooperation

38. What information can social services agencies share with school districts, foster parents, parents and other service agencies?
    
    

    At the present time, § 48.78, Stats., is fairly specific about the types of information that can be shared with these agencies or individuals. There are also significant differences in the social services agency's ability to share information with these different groups. Current laws allow the following:

    Schools. Under state statutes, information from a child's social service record, except as otherwise provided by law, can be shared on a confidential basis with a school. A public school must keep the information confidential pursuant to § 118.125, Stats., and a private school must keep the information confidential pursuant to the same requirements as articulated in § 118.125, Stats. [Ref. § 48.78(2)(b) and 938.78(2)(b), Stats.]

    The Departments of Public Instruction (DPI) and Health and Family Services (DHFS) are working cooperatively in this area to reach an agreement on statutory and policy proposals to provide more consistency in this area. In addition, the Attorney General and the Director of State Courts have established a multi-disciplinary task force to examine confidentiality issues regarding a variety of children's records.

    Foster Parents. Social services agencies must provide a significant amount of information to foster parents. Ch. HFS 37, Adm. Code, is an administrative rule that specifically indicates what information must be shared with foster parents, treatment foster parents, and family-operated group homes. In addition, § 48.371, Stats., requires that certain medical information on a child, including the results of any HIV and hepatitis B tests, be provided to an out-of-home care provider.

    Parents. In most cases, there is a free flow of information between social services agencies and the child's parents. The only restrictions generally would occur as the result of a court order and would relate to some limitation on the rights of the child's parent. In all cases, the name of the person who reported any alleged abuse or neglect cannot be released.

    Other Social Services Agencies. Depending on the agencies involved and the confidentiality laws that apply to each agency's information, there may be a flow of information between social services agencies that have either the child or his/her parents or both as clients.

39. Should the school be notified of all visits between a foster child and his/her parents that are held outside of the school?
    
    

    The confidentiality laws are currently very restrictive on the sharing of information. At the same time, if the visit results in an attitudinal or behavioral change on the part of the foster child, it would be helpful to the child and the school if the foster parent or agency social worker would share the nature of that change with the liaison person so that school staff are prepared to provide any needed assistance to the child.

40. Can schools be involved in developing a child's treatment plan or permanency plan?
    
    

    Prior to entering a dispositional order, the court must be given a court report that includes the child's permanency plan. One of the pieces of information which must be included in the court report is "A plan for the provision of educational services to the child, prepared after consultation with the staff of the school in which the child is enrolled or the last school in which the child was enrolled." [Ref. § 48.33(1)(e) and (4).]

    The court will identify the agency that is to prepare the court report and the permanency plan. In most cases, this is the county department.

41. What is the administrative relationship between a county department of social or human services and the state department of health and family services?
    
    

    Wisconsin employs a county-administered/state-supervised system of human service provision. As such, the county departments are controlled by county boards and operate within the framework of state laws and policies and county ordinances. The State DHFS has supervisory responsibilities and, as such, establishes policies, distributes federal and state funds and, in general, supervises the administration of services by the counties.

    Staff of the DHFS, as appropriate, have access to most records when they are functioning in their official capacity.

42. Is there consistency in the manner in which county agencies deal with schools?
    
    

    There is general consistency, but it is important for local communities to be able to arrange local policies and procedures (within the confines of the law) that allow for services to best meet the needs of children and families. Small inconsistencies may exist based upon long-standing practices, the size of the agencies involved, e.g., large urban vs. small rural, and nuances in interpretations of state laws and policies. Such minor inconsistencies are to be expected when there are 72 county agencies and 426 school districts.

43. How can schools communicate more effectively with social services agencies?
    
    

    The school and the social service agency both operate under a primary group of specific statutes and rules. It would be very difficult for each person in one agency to learn all of the required procedures of the other system. However, there are recommended actions that both school districts and social service agencies may take to facilitate better communication. First, each agency can appoint one individual as liaison to have frequent, non-case specific contact with the other to communicate concerns and questions from their colleagues about the other agency's actions. Second, on case-specific questions, schools and social service agencies can establish a procedure for clarifying specific concerns. The organization's respective liaisons may be helpful in this regard. In some communities, an interagency task force may be warranted. Third, the administration of each agency can support the development of in-service training experiences for their staff on the role and function of the other system. Each system may be able to help the other by providing speakers. Fourth, individuals in either system can contact the state department office of the other system to seek assistance with problems or to register concerns.

    The use of a single individual to be a liaison with the schools or social service agency has many advantages. This individual is able to become familiar with the day-to-day operation of the agency and to communicate to the district any change in regulations that affect the interagency cooperation. A liaison is also able to clarify misunderstandings and facilitate both educational and social service goals. The use of a liaison is recommended by the Departments of Public Instruction and Health and Family Services in situations where youth are living in out-of-home care, since there are numerous areas of potential misunderstanding and conflict. Pupil services staff, particularly school social workers if available, are uniquely suited to fulfill this function for schools.

44. May the social service worker contact the teacher or school of a child living in out-of-home care on a regular basis in order to keep lines of communication open?
    
    

    It would be helpful, assuming that the child's parent or guardian has consented to the sharing of information or the court has ordered such contact as part of the county's supervision. School buildings and staff should be open to the visits of a social service worker on behalf of a student living in out-of-home care. When a social service worker visits the school, the district procedures should be closely followed. Such visitations should be scheduled in advance and the building principal and the teacher should be aware that the visit is to occur. In the case of an emergency, the social service worker should, at a minimum, notify the building principal that he/she is in the building before contacting either the student or a staff member. While the school may welcome this contact and the social worker desire it, reality may dictate that it might not occur as often as either would like. In such situations, either party should request a meeting to update all concerned individuals on the current issues, as necessary.

45. How can we avoid stigmatizing youth living in out-of-home care in the school system?
    
    

    This is as much a philosophical as a procedural question. Philosophically, the school staff must understand and accept that children living in out-of-home care are students who, due to certain conditions, have been removed from their homes. It is important for the school to realize that placement in foster care does not mean that the child has failed. Unless the school staff starts from that basis, procedural approaches will not affect the stigmatization.

    Procedurally, the school can make all opportunities to participate in the school activities and the educational process available to the students who are living in out-of-home care and their foster parents. As well, the fact that the child is living in out-of-home care may mean that additional factors need to be considered to involve the student and the foster parents in a successful educational experience. The school should assign a staff person to maintain regular contact with the student and the foster parents, either formally or informally, to keep communication clear and avoid problems that might lead to further stigmatization. Any communication about the general school activities that would ordinarily go to a parent should also go to the foster parent. It is also a good idea to send a copy to the child's social service worker. See question 46 regarding the student's education file.

46. Who can review the child's education file? What are the procedures that need to be followed?
    
    
    1. What are the current requirements regarding the exchange of information about a child?
    2. May school records be shared with foster parents?
    3. How may schools communicate necessary information about a child to foster parents?

    As stated in §118.125(1)(d), Wis. Stats., pupil records mean all records maintained by the school but does not include notes or records used by a licensed school staff person if such notes or records are not shared with any other person. Pupil records also do not include records necessary for and available only to persons involved in psychological treatment of the child. Pupil records consist of five main types and are protected by confidentiality laws as per §118.125, Wis. Stats., and the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232 G.

    1. Behavioral records include a pupil's psychological tests, personality evaluations, records of conversations, any written statement relating to a child's behavior, tests of achievement or abilities, physical health records other than those pertaining to immunization or lead screening records, law enforcement records and any other records that are not progress records.
    2. Progress records include a pupil's grades, statement of courses taken, attendance record, immunization record, lead screening record, and record of the extracurricular activities in which the pupil has been involved.
    3. Pupil physical health care records include basic health information, immunization records, an emergency medical card, a log of first aid and medicine administered, an athletic permit card, a record of the student's ability to participate in an education program, lead screening records, the results of any routine screening test (hearing, vision, scoliosis), and any follow-up to such test.
    4. Directory data is information such as a pupil's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized sports and activities, weight and height of athletic team members, dates of attendance, photographs, degrees and awards received and the name of the school most recently attended prior to the current school.
    5. Patient health care records include any record that relates to a student's health that is not a pupil physical health care record.

    For additional or more complete information, please refer to §118.125, Wis. Stats.

    School records specified by the parents, guardian, or surrogate parent may be shared with foster parents if the parents or guardian or surrogate parent give the school signed permission to do so or the school receives a court order. Obtaining this permission would allow the school district to communicate with the foster parent at the same time as they communicate with the parent, guardian or surrogate parent.

    State and federal education statutes, Wisconsin Chapters 115 and 118, FERPA and IDEA, do not authorize release of records to social services without written consent or a court order. However, it may be important for the county social service agency to access education records as part of its supervision of a child living in out-of-home care. Consequently, it is suggested that written permission from the parent, guardian or surrogate parent or a court order allowing social services access to a student s educational records be obtained at the beginning of the supervision period.

47. What information is most important for educators to have when a student transfers into a district?
    
    

    The fact that the student is to live in out-of-home care does not mean that the school needs to know the details of the child's home life. There are three types of information that educators must have when a student transfers into a district. This information is the same regardless of whether a student is living with their parents or in out-of-home care. First, the school needs to know the child's address and the responsible party for educational matters. If someone other than the parent is to make important educational decisions for the student, the school should ensure that person has the explicit approval or, depending upon the circumstances, at minimum tacit approval, from the parent or from a court to serve in that capacity.

    Second, the school must have all the educational information that tells them what type of school services are necessary to meet the student's educational needs. This information is forwarded to the school through normal educational channels. However, if the social service worker knows this information and the child's records have not arrived, sharing the information as soon as possible will be helpful to the student.

    Third, the school needs to have information that pertains to the student's safety and the safety of others. If the child has uncontrolled seizures and needs medication, or the student is liable to become violent and harm someone, or the child is depressed and suicidal, these are critical pieces of information that need to be shared.

48. How can records be transferred in a timely manner?
    
    

    If movement of a child from one district to another is anticipated, a school district should be informed so it can forward the material immediately when the move actually occurs. An alternative would be to have the parents or guardians request a copy of the records and to provide these to the receiving district. Section 118.125(4), Wis. Stats., requires that a school district transfer to another school or school district all pupil records relating to a specific pupil within five working days after the school district receives written notice from:

    1. the adult pupil, parent, or guardian that the pupil intends to enroll in another school or school district,
    2. the other school or school district that the pupil has enrolled, or
    3. a court that the pupil has been placed in a secured correctional facility, secured child caring institution, or secured group home.
49. Is a residential facility that has been providing educational services to a youth who has now enrolled in a public school required to forward the student's educational records to the public school once the facility has received notice the student has enrolled in the public school?
    
    

    Yes, if the residential facility is a secured correctional facility, a secured child caring institution, secured group home, adult correctional institution, mental health institute or center for the developmentally disabled. Section 118.125, Wis. Stats., requires educational records be forwarded within five working days upon receiving written notice from the receiving school district that the student has enrolled or from the adult pupil, parent, or guardian that the pupil intends to enroll in another school district.

50. What can be done to facilitate communication between social services agencies and school districts?
    
    

    The Departments of Public Instruction and Health and Family Services recommend that social services agencies and school districts establish a program of enhanced cooperation and collaboration by instituting specific interagency approaches. Examples of such measures are 1) an interagency task force, 2) a designated liaison position in each agency to maintain regular contact, 3) shared annual in-service meetings to update staff from both agencies on the functioning of the other system, and 4) staffing procedures for difficult cases. Other efforts such as immediate notification when significant changes occur in either program can also be utilized to prevent misunderstanding and facilitate communication.

V. Funding

51. Do school districts receive any financial aid for serving children in foster homes?
    
    

    Current Wisconsin law, §121.79, Wis. Stats., requires the state to pay tuition for students who reside in foster or group homes located outside the school district in which the student's parent or guardian resides, but only when these homes are located on tax exempt property under §70.11, Wis. Stats. The amount of tuition is calculated on the daily cost per student incurred by the school district that provides the service, multiplied by the number of school days the pupil was enrolled. The present statutes require DPI to reimburse school districts for 100 percent of prior year costs, after federal and state aids have been deducted.

52. Does educational funding follow a foster child when the child is placed in a foster home located in another school district?
    
    

    General school aids are determined, in part, on the basis of a count of resident students taken on the third Friday of September and the second Friday of January. If the child is not a resident of the school district on those school dates, they are not counted and there is no general school aid generated.

    Under certain circumstances, if the child was determined eligible under the Individuals with Disabilities Education Act (IDEA) as a child with a disability, and the child is a resident of the district on December 1, the child may be counted for federal funds to be allocated the following year.

    State handicapped children categorical financial aids are reimbursed to districts based on previous year costs for certain items such as special education staff salaries and fringe benefits and transportation. These funds would not be based on a per child cost.

53. When a school district programs for a child without disabilities but with educational needs that are still difficult to meet, are there special incentives for them to assume this responsibility?
    
    

    All students in Wisconsin have the right to a public education and are entitled to attend schools in the school district where they live. In the case of foster children, they live in the district in which their foster home is located and that district must provide an educational opportunity for them.

    In general, there are no special incentives for districts to accept students who require a disproportionate investment of time, effort and money, but the general state aid for these students follows them from their old district to their new one.

    Each district must assure the health and safety of the student body to the best of its ability. Occasionally, some children represent a threat to that health and safety. In such instances, the social services agency and the school may need to confer to decide the most appropriate plan for the child. It is possible that the school district may be liable for some costs of a plan that transfers the difficult student to another location. For instance, if the student remains in the same foster home but the school district decides, for educational purposes, the student must attend class in another district, the district in which the foster home is located would be responsible for tuition and transportation costs.

54. How will differences between the schools and the social service agencies be resolved in areas such as treatment plans and fiscal responsibility?
    
    

    Each of the two systems has a set of rules and regulations that govern their operation. Those rules and regulations must be followed. There are general assumptions which can be made that avoid conflict between the two agencies. First, out-of-home care provides for the basic maintenance for youth living in out-of-home care. It does not provide for educational costs. If a school district pays for an activity for other students, it will be expected to pay for that same expense for a child living in out-of-home care. If a parent pays for the expense, such as a field trip or class ring, the out-of-home care payment may cover that cost. Foster parents may also voluntarily choose to pay this cost out of their own pocket, but they are not required to do so. In some situations, the child's parents may be willing and able to pay this cost, so the situation should be discussed with the social service agency. Youth who are living in out-of-home care under a court order are generally considered a family of one for the purposes of qualifying for free or reduced lunch and breakfast. For miscellaneous costs, some districts and/or agencies maintain a special fund to meet these needs. Larger costs that are necessary for the child's health and safety, such as medical care or equipment, are covered by various social service-related programs. Social service agencies are familiar with the appropriate funding resources and limitations, so schools need to consult with them to determine fiscal responsibility in individual cases.

    Treatment decisions for medical or psycho-social planning are primarily under the jurisdiction of the social service agency. Districts often have critical information that can influence how treatment plans are developed or implemented, but the county agency generally has the legal responsibility to make the appropriate decisions. In the case of a dispute, the school may advocate for a different or modified approach by first seeking a conference with administrative staff of the social service agency. If that is not satisfactory, the district may contact the appropriate regional office of the state Division of Children and Family Services. Educational decisions that may have a bearing on the treatment plans of the social service agency are under the jurisdiction of the district and may also be discussed in conference with agency administrative staff to resolve difficulties.

    In either case, the educational and treatment plans of the students should be balanced and coordinated and the agencies involved should cooperate to insure an effective social and educational program for children. Other efforts such as immediate notification when significant changes occur in either program can also be utilized to prevent misunderstanding and facilitate communication.

VI. Child Abuse and Neglect

55. How does the child welfare agency decide how quickly to investigate a report of suspected child abuse or neglect?
    
    

    County agencies are required to initiate a diligent investigation within 24 hours after receipt of a report. This means that, at a minimum, upon receipt of a report that agency must gather and document certain information. The information must pertain to the alleged maltreatment, current and past, and the circumstances surrounding it; a description of the child, parents and family; whether or not the child is an Indian child (as defined by the Indian Child Welfare Act); identifying information on all members of the household; information on the reporter; and any other people who may have information regarding the family or situation. If after these preliminary actions a referral is accepted as appropriate for assessment, a determination of how quickly a face-to-face contact with the principals of the report is made. Threats of harm to the child in the report are assessed and this assessment helps the agency determine the urgency of response at the time of intake. Determination of response time is also based on a number of other factors, including the type and nature of the maltreatment, child functioning and parental functioning.

56. What information is a mandated reporter entitled to receive after making a report of suspected child abuse or neglect?
    
    

    In accordance with Wisconsin statutes, the agency must inform the reporter "within 60 days after it receives a report . . . what action, if any, was taken to protect the health and welfare of the child . . ." This does not permit the actual disclosure of whether a report was substantiated or not. [Ref. § 48.981(3)(c)6., Stats.]

57. What are the possible outcomes of an investigation of suspected child abuse or neglect?
    
    

    If the information received in a referral is determined to meet the definition of child maltreatment or risk of maltreatment, then an assessment is completed. If the information obtained does not meet the definition, then the referral is screened out and there is no assessment. Upon completion of the assessment, a determination is made as to whether or not the maltreatment reported is substantiated or unsubstantiated or whether information obtained in the assessment indicates that there is a likelihood of future abuse or neglect.

    More importantly, the child welfare agency needs to determine if services are needed to either provide for the safety of or assist in reducing risk to the child in the home. With regard to service provision, there are several possible outcomes. Depending upon safety concerns or the level of risk to the child, services may be either voluntarily provided or mandated through court order. Services may be provided by either the child welfare agency or by area service providers, or both. A family may be receiving services, but a case may not be opened with the child welfare agency. The status of a case (i.e., whether it is opened for services or not) often depends upon a family's willingness to receive services from the child welfare agency, any safety or risk issues present in the home or the ability of the agency to obtain a court order mandating services when it is believed that the child is unsafe or is at risk of abuse or neglect.

58. Is a county child protection worker entitled to receive or review student records as part of an investigation of suspected child abuse or neglect?
    
    

    All mandated reporters under §48.981(2), Wis. Stats., are required to cooperate with an investigation of suspected child abuse or neglect. Under the Family Educational Rights and Privacy Act (FERPA) personally identifiable information, including the contents of a student's education records, may be disclosed if it is necessary to protect the health and safety of the student or other individuals. Clearly, the health and safety of a student is in question when a report has been made for suspected child abuse or neglect. It is possible that some select portions of a student's education records may be pertinent to the county's investigation. For instance, a social history completed by the school social worker prior to the report of suspected child abuse may include a reference that the parents use corporal punishment as their primary form of discipline. Under these circumstances, the school professional must use his/her professional judgement to determine whether the disclosure of this information is necessary to protect the health and/or safety of the student. If so, only that information that is necessary to protect the health and safety of the student may be disclosed. For instance, in the example cited above, the school social worker might determine it was necessary to disclose the parents' use of corporal punishment as their primary form of discipline but would not provide a copy of the social history to the county child protective service worker.

VII. Student Discipline

59. Who determines if an absence is excused?
    
    

    Under §118.16(4)(A), Wis. Stats., the school board establishes a written policy specifying the reasons for which pupils may be permitted to be absent from school.

    However, §118.15(3)(c), Wis. Stats., provides in part that compulsory attendance does not apply to any child excused in writing by his parent or guardian before the absence. A child may not be excused for more than 10 days in a school year under this provision.

60. What is truancy and habitual truancy?
    
    

    A student is considered truant if he/she is absent without an acceptable excuse for all or part of one or more days during which school is held. A student qualifies as habitually truant when he or she is absent without an acceptable excuse for all or part of five or more days in a school semester, under §118.16(1)(a) and (c), Wis. Stats.

    For additional information, please refer to the document: Answers to Frequently Asked Questions About Compulsory School Attendance, Suspension and Expulsion, Dropouts, Educating Incarcerated Youth and Contracting With Technical Colleges published by the Wisconsin Department of Public Instruction at dpi.wi.gov/sspw/pdf/attendqa2.pdf.

61. May a school use corporal punishment as a form of student discipline?
    
    

    No. Section 118.31, Wis. Stats., prohibits schools from using corporal punishment as a form of discipline. However, the statute allows use of necessary and reasonable force under specific circumstances:

    1. to control a disturbance or prevent someone from being physically hurt,
    2. to get a weapon from a student,
    3. for self-defense or the defense of others,
    4. for the protection of property,
    5. to remove a disruptive student,
    6. to prevent a student from self-injury, and
    7. to protect the safety of others.

    In addition, a school employee may use incidental, minor or reasonable physical contact designed to maintain order and control. School districts are required to have a policy that allows school employees to use reasonable and necessary force for the purposes listed above.

62. Are there any statutes that govern the personal privacy of students?
    
    

    Yes. Section 118.32, Wis. Stats., prohibits school employees, officials or agents from conducting a strip search of any student. Section 118.325, Wis. Stats., allows a school employee, official or agent to search a student's locker without the consent and without notifying the student or obtaining a search warrant as long as the school has a written policy specifying 1) the school retains ownership and control of student lockers, 2) who may search lockers, and 3) students have received a copy of the policy.

63. What is the school district's authority to suspend a student?
    
    

    The authority of a school district to suspend a student is found under §120.13(1)(b) and (bm), Wis. Stats. A student may be suspended for not more than five days or, if a notice of expulsion hearing has been sent, for not more than 15 consecutive school days. The law permits a school district administrator or any principal or teacher designated by the school district administrator to suspend a student:

    1. for disobeying school rules;
    2. for conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy school property by explosives;
    3. for conduct while at school or under the supervision of a school authority which endangers the property, health or safety of others; and
    4. for conduct while not at school or while not under the supervision of school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employee or school board member in the student's district. For purposes of suspension and expulsion, conduct that endangers a person or property includes making a threat to the health or safety of a person or a threat to damage property.

    The law requires suspension if the student possessed a firearm while at school or under the supervision of the school authority.

    For additional information, please refer to the document: Answers to Frequently Asked Questions About Compulsory School Attendance, Suspension and Expulsion, Dropouts, Educating Incarcerated Youth, and Contracting with Technical Colleges published by the Wisconsin Department of Public Instruction at dpi.wi.gov/sspw/pdf/attendqa2.pdf.

    Special requirements apply to suspensions of children with disabilities. Please refer to DPI Information Update Bulletins #00.01 and 00.02 [00.02 replaced by 06.02]. These bulletins can be accessed at http://dpi.wi.gov/sped/bulindex.html. In addition, the DPI has developed a unique Internet-based expert system to guide schools through these special requirements. This tool can be accessed at dpi.wi.gov/sped/index.html (click on "Disciplinary Action Advisor") [Note: This tool is no longer functional].

64. What is the school district's authority to expel a student?
    
    

    The authority of a school district to expel a student is found under §120.13(1)(c) and for Milwaukee only §119.25, Wis. Stats. A student may be expelled from school:

    1. for repeated refusal or neglect to obey school rules;
    2. for threatening to destroy school property by explosives;
    3. for engaging in conduct while at school or under the supervision of a school authority which endangered the property, health or safety of others; and
    4. for conduct while not at school or while not under the supervision of school authority which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employee or school board member in the student's district.

    For purposes of expulsion and suspension, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.

    In addition, the school board may expel from school a student who is at least 16 years of age or older if the school board finds that the student repeatedly engaged in conduct while at school or while under the supervision of school authorities that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority.

    Finally, a school board is required to commence proceedings to expel and expel a student for at least one calendar year for possession of a firearm at school or under the supervision of a school authority. The board may, however, modify this requirement on a case-by-case basis.

    Special requirements apply to the expulsion of students with disabilities. Please refer to DPI Information Update Bulletins #00.01 and 00.02 [00.02 replaced by 06.02]. These bulletins can be accessed at http://dpi.wi.gov/sped/bulindex.html. In addition, the DPI has developed a unique Internet-based expert system to guide schools through these special requirements. This tool can be accessed at dpi.wi.gov/sped/index.html (click on "Disciplinary Action Advisor"). Editorial NOTE: This tool is no longer functional.

65. Are there any special considerations when a school district seeks to expel a child with a disability?
    
    

    Yes. Before expelling a child with a disability, an IEP team and other qualified professionals must first determine that the behavior subject to expulsion is not a manifestation of the child's disability. The IEP team must consider all relevant information in terms of the behavior subject to expulsion, including:

    1. Evaluation and diagnostic results, including the results or other relevant information from the parents of the child;
    2. Observations of the child; and
    3. The child's individualized education program and placement.

    If, in the manifestation determination review, the local educational agency identifies deficiencies in the child's IEP or placement or in their implementation, the agency must correct those deficiencies immediately.

    If the IEP team determines that any of the standards below are not met, the behavior is considered a manifestation of the child's disability and the child may not be expelled.

    1. In relationship to the behavior subject to disciplinary action, the child's individualized education program and placement were appropriate, and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child's individualized education program and placement.
    2. The child's disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action.
    3. The child's disability did not impair the ability of the child to control the behavior subject to disciplinary action.

    If the IEP team determines the behavior for which the child is being expelled is not a manifestation of the child's disability, then the school board may expel the child in the same manner as a child without a disability. However, the school district may not cease providing special education and related services to the child during the period of expulsion. The school must continue to provide services necessary to enable the child to progress appropriately in the general curriculum and appropriately advance toward achieving IEP goals. The child's IEP team determines the extent of the services. Therefore, the team must review the child's IEP and placement, as needed, to ensure the continued provision of services to the child.

    If the IEP team determines the behavior is a manifestation of the child's disability, the school may not expel the child. The school may, however, pursue an appropriate change of placement through the IEP team process.

    For more information about disciplining students with disabilities, consult Information Update Bulletins 00.01 and 00.02 [00.02 replaced by 06.02]. These bulletins can be accessed at http://dpi.wi.gov/sped/bulindex.html. The Department of Public Instruction has also developed a unique internet-based expert system to guide schools through the discipline requirements. This tool can be accessed at dpi.wi.gov/sped/index.html (click on "Disciplinary Action Advisor"). Editorial NOTE: This tool is no longer functional.

Go to Part 2

For questions about this information, contact the Special Education Team, (608) 266-1781.

Last updated on 7/23/2008 9:05:10 AM