Education during and after Foster Care
Your rights in elementary, middle and high school
You will not necessarily change schools. Virginia law says a foster child does not have to change schools when he or she moves to a new foster home, even if that home is in a different school district.
▪ Your teacher, social worker and other people involved in your education (including you) should decide together what is best for you, whether it is staying in the same school or changing schools. If everyone agrees it’s best for you to stay in the school you were attending before you changed homes, you will stay in that school.
You should not miss school when your foster care placement changes or when you are first placed in foster care. The school must admit you immediately, even if your social worker can’t provide your birth certificate or other documents right away.
The changes in your life may make it hard to focus. If you changed schools mid-year, that may make it even more difficult. If you are having a hard time keeping up in class, ask the teacher for extra help, perhaps with a tutor.
If you are having a hard time adjusting in school, are feeling lonely or scared, or if people are picking on you, ask to speak to the school guidance counselor. Also tell your foster parents, GAL and social worker, or another adult you trust.
▪ If you are being bullied because of your race, religion, gender or sexual identity, and are not sure who will listen to or help you, contact JustChildren at https://www.justice4all.org/justchildren/justchildren-program/.
▪ If you have concerns based on your gender identity or sexual orientation, you may call the LGBT Foster Care Helpline, 866-LBGTeen (542-8336).
College is something you may want to explore as you begin high school. Meet with your guidance counselor to discuss options. You may want to take advanced classes, or get help when you take the PSAT and SAT tests, for instance. https://www.collegeboard.org/
» Learn more about reasons to go to college, how to prepare, and the application process, at Know How 2 Go: http://knowhow2go.acenet.edu/
All the rules are listed in your school’s Code of Student Conduct, which applies to all children and youth attending the school. Get a copy at the beginning of each school year or as soon as you start. Ask a teacher, counselor, or the principal.
Yes. School administration can search your belongings if they have a good reason to believe you have a specific item you are not allowed to have at school. The search must be done to find a specific item – school personnel (including the resource officer) cannot go through your belongings just to see what’s there.
▪ Searches can include: your locker, your backpack, your purse, your car. The teacher can ask you to hand over anything he or she reasonably thinks breaks school laws.
▪ If you are questioned by an police officer or school resource officer, you have the right to say: I have the right to talk with a lawyer. I will not talk with you until I talk with a lawyer. Contact your GAL or JustChildren, https://www.justice4all.org/justchildren/justchildren-program/.
It’s in the school’s Code of Student Conduct: READ IT! Some reasons: too many absences, insulting or threatening teachers or other students, fighting, weapons, spitting, or smoking.
The principal must tell you why you are being suspended or expelled, and give you a chance to tell your side of the story.
▪ There are two types of suspensions: short term (10 days or less) and long term (more than 10 days). You can be expelled for serious offenses, such as bringing a weapon to school, purposely damaging school property, having alcohol or drugs on school property, or hitting or fighting with another person.
▪ If you are suspended for more than ten days or expelled, the principal must send a letter home explaining what happened, when you can return to school, and your right to appeal.
▪ If you get a long-term suspension or are expelled, call a lawyer to discuss an appeal. Call your GAL or contact JustChildren (a legal aid office specializing in education law) at https://www.justice4all.org/justchildren/justchildren-program/.
Learn more about your rights as a juvenile under Virginia law: https://www.justice4all.org/wp-content/uploads/2013/05/Juvenile-Rights-Handbook.pdf
College is something you may want to explore as you begin high school. Meet with your guidance counselor to discuss options. You may want to take advanced classes, or get help when you take the PSAT and SAT tests, for instance. https://www.collegeboard.org/
» Learn more about reasons to go to college, how to prepare, and the application process, at Know How 2 Go: http://knowhow2go.acenet.edu/