School of Origin

The school of origin is defined in EC § 48853.5(g) as: 

The school in which the foster child was last enrolled or the school the child attended when permanently housed. If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school the foster child attended with which the child was connected and attended within the immediately preceding 15 months, the educational liaison, in consultation with and with the agreement of the child and the person holding the educational rights for the child, shall determine, in the best interests of the foster child, the school that shall be deemed to be the SOO. In addition, the EC provides that the SOO is not limited to the actual “school’ from which the child last came from. Please refer to the § 48853.5(f)(4) which provides: 

To ensure that the foster child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district. 

A student in foster care retains their rights to attend their school of origin as long as they are in foster care, until the end of the school year when their foster care case closes mid-year, or, in the case of high school, until graduation from high school. 

Please refer to EC § 48853.5(f)(1 – 4): 

(f) (1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court. 

(2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades 1 to 8, inclusive, to continue his or her education in the school of origin through the duration of the academic school year. 

(3) (A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue his or her education in the school of origin through graduation. 

(B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service. 

(4) To ensure that the foster child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district. 

While the general rule is that school of residence of a student is determined by where a parent or guardian lives, for students in foster care residency can be determined by the address where they live, in cases where they are placed in a licensed children’s institution or foster home pursuant to EC § 56155.5, placed by a court in a foster home or reside with a caregiver. In addition, remaining in their school of origin establishes automatic residency. 

Please refer to: EC § 48204(a)(2) which states: 

(a) (2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of § 48853.5. 

While there is no legislative mandate that a student in foster care be given priority on a charter school waiting list per se, a student in foster care does have the right to attend their school of origin when determined to be in their best interest to do so. As such, a charter school must ensure the student is granted this entitlement if the charter school is determined to be the SOO after a best interest determination. 

Yes, pursuant to EC § 48859(c), the definition of Local Educational Agency for purposes of “AB 490” rights include charter schools. 

48859. For purposes of this chapter, the following terms have the following meanings: 

(c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. 

(Amended by Stats. 2015, Ch. 289, § 2. (SB 445) Effective January 1, 2016.)