Foster Youth Resources

California law protects the education of students in foster care. Here are your rights at school.

1. Right to Remain in Your School of Origin

• You have the right to stay in the same school after you move to a new foster care placement. Your “school of origin” can be:
  • The school you attended when you first entered foster care,
  • The school you most recently attended, or
  • Any school you attended in the last 15 months that you feel connected to.
• Your school district must work with you, your education rights holder*, your caregiver, and your social worker or probation officer to develop a plan to transport you to your school of origin.
• If you are transitioning from elementary school to middle school, or from middle school to high school, you have the right to transition to the same school as your classmates.
• If there is any disagreement about which school you will attend, you have the right to stay in your school of origin until the disagreement is resolved.

2. Right to Immediate Enrollment in School

• You have the right to immediately enroll in your regular home school after you move placements.
• You cannot be forced to attend a continuation school or other alternative education program, such as independent study, even if you are behind in credits or have discipline problems at school.
• You have the right to immediately enroll in school and begin attending classes, even if you do not have the paperwork you would normally need for enrollment (such as a birth certificate, transcript, or IEP) or you did not check out from your previous school.
• Your previous school must send your education records to your new school after you enroll.
• You have the right to participate in any activities available at your new school, such as sports teams, tutoring, or after-school clubs, even if you miss a tryout or sign-up deadline.

3. Right to Partial Credits for High School Students

• If you change schools during the school year, you have the right to partial credits in all classes you are passing when you leave your old school, even if you do not complete the entire class.
• After you change schools, your new school must accept the partial credits issued by your old school.
• After you change schools, you have the right to be enrolled in the same or similar classes you were enrolled in at your last school.
• You cannot be forced to retake a class or part of a class that you have already completed with a passing grade if it would put you off track for high school graduation.
• You have the right to take or retake any class you need to attend a California State University or University of California campus.
• Your grade cannot be lowered because you were absent from school for a court hearing, placement change, or court-related activity.

4. Graduation Rights

• You have the right to stay in high school for a fifth year to complete your school’s graduation requirements, even if you are over 18.
• If you are behind on credits and transferred schools after 10th grade, you may be eligible to graduate under AB 167/216 (California Education Code 51225.1) by completing only the state graduation requirements (130 credits in specific classes) instead of local requirements.
• If you are eligible, the decision of whether to graduate under AB 167/216 is made by your education rights holder.

5. College Rights

• You have the right to have the application fee waived when you apply to a California community college.
• You have the right to receive the maximum amount of federal student aid, and you may be eligible for up to $5,000 per year from the Chafee Grant.

6. School Discipline Rights

• You cannot be suspended for more than 5 school days in a row or for more than 20 days in a school year.
• You have the right to be told why you are being suspended and to give your side of the story and evidence before you are suspended, unless there is an emergency. If the behavior could lead to criminal charges, talk with your education rights holder or attorney before giving an oral or written statement to the school or police.
• Your attorney and social worker must be invited to a meeting before a suspension can be extended beyond 5 days, and a suspension can only be extended if you are being considered for expulsion.
• You have the right to a formal hearing, and to be represented by an attorney at that hearing, before you are expelled.
• If you are facing a possible expulsion, your attorney and social worker must be notified. If you are in special education, your attorney and social worker must be invited to a meeting to decide whether your behavior was related to your disability.

7. Right to Your School Records

• You have the right to access your school records if you are 16 or older or have finished 10th grade.
• Your social worker or probation officer and your education rights holder can also access your school records.

Every OFY and OFL charter has a foster youth liaison who helps students enroll, transfer records and credits, and get support. Contact the liaison for your charter with any questions about your education rights.

You can also contact your county’s Foster Youth Services Coordinating Program (FYSCP). Find yours on the California Department of Education Foster Youth Services page.