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What are some of the education rights I have as a foster youth?

Find information about partial credits, court absences, extracurricular activities, education attorneys, and more.

PARTIAL CREDITS AND NO PENALTY FOR COURT ABSENCES: Foster youth change schools and placements too often and have to attend court hearings and other meetings that take them out of school. Your grades can’t be lowered if you were absent because you had to go to court or because you had a change in placement. Also, you have a right to receive partial credit for work that you did at one school, even if you weren’t able to finish the semester!

EXTRACURRICULAR ACTIVITIES: The law says that even if you move residences, you immediately meet the residency requirements to start or continue participating in interscholastic sports or other extracurricular activities! Also, you have the right to participate in extracurricular activities just the same as any other student. So, if a group home says you can’t play on the football or baseball team, this is not right.

CHECKING IN WITH YOUR JUDGE: At each court hearing, the judge for your case is required to check in on how you’re doing in school. Be sure to let the judge know if you need extra help in school!

FREE EDUCATION ATTORNEY: If your attorney and judge see that you are having problems with your education, the judge can appoint a free education attorney (sometimes called a 317(e) attorney) to help you solve this problem.

ACCESS TO THE SAME SERVICES: Finally, you have the right to access all of the same academic and other school services that are available to all other students.

If you need any help getting these services or speaking with your judge, please talk to your attorney. If you still need help, click here to get help from Public Counsel.

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