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Zimbra lof36 https:llzimbra.scoe.org/zimbralh/printmessage?id=42945 Zimbra [email protected] Re: VOMCH Schol From: Debra Sanders <[email protected]> Subject: Re: VOMCH Schol Wed, Jun 12, 2013 05:00 PM To : Jeni Stum <jeniferstum@gmail,com> Bcc : Georgia Ioakimedes <[email protected]>, Cliff Schlueter <[email protected]> Hi Jeni, As you know, in accordance with the law each LEA has a MKV liaison, and that is the first point of contact for youth being served in district schools. I will continue to be the Sonoma County liaison. The best interest checklist should be used by LEA's in the event that they are making a recommendation that it is in the best interest of the youth to attend a school other than the school of origin. I will continue to provide training and SUppOlt to district staff around this item as well as MKV and foster youth education rights/legislation. In addition, I plan to continue working with human services in order to provide professional development and support around school of origin and best interest. I hope that provides the clarification you are seeking. Debra From: "Jeni Stum" <[email protected]> To: "Debra Sanders" <[email protected]> Sent: Wednesday, June 12, 2013 3:29:11 PM Subject: Re: VOMCH Schol Debra. Will you still be the MKV liaison for the youth at VOMCH now that the school is closing? If not, who will? 6/28/13 8:09 AM

Set 3Sonoma County Office of Education Emails Regarding Valley of the Moon Children's Home Closing

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The Sonoma County Office of Education school at Valley of the Moon Children's home closed on June 30, 2013. These emails were obtained using a Freedom of Information Act request. They show new policies continue to violate youth rights, including their right to participate in best interest determinations.There are some improvements to be noted as well.

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Zimbra

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Zimbra [email protected]

Re: VOMCH Schol

From: Debra Sanders <[email protected]>

Subject: Re: VOMCH Schol

Wed, Jun 12, 2013 05:00 PM

To : Jeni Stum <jeniferstum@gmail,com>

Bcc : Georgia Ioakimedes <[email protected]>, Cliff Schlueter <[email protected]>

Hi Jeni,

As you know, in accordance with the law each LEA has a MKV liaison, and that is the first point of contact for youth being served in district schools. I will continue to be the Sonoma County liaison.

The best interest checklist should be used by LEA's in the event that they are making a recommendation that it is in the best interest of the youth to attend a school other than the school of origin. I will continue to provide training and SUppOlt to district staff around this item as well as MKV and foster youth education rights/legislation.

In addition, I plan to continue working with human services in order to provide professional development and support around school of origin and best interest.

I hope that provides the clarification you are seeking.

Debra

From: "Jeni Stum" <[email protected]> To: "Debra Sanders" <[email protected]> Sent: Wednesday, June 12, 2013 3:29:11 PM Subject: Re: VOMCH Schol

Debra.

Will you still be the MKV liaison for the youth at VOMCH now that the school is closing? If not, who will?

6/28/13 8:09 AM

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If it will be you, will you continue to administer best interest determinations the same way as you have been?

Jeni

On Mon, Jun 10, 2013 at 1:18 PM, Cliff Schlueter <[email protected]> wrote: Jeni -

Yes, students have access to computers at school.

Cliff Schlueter, Administrator Alternative Education - Student Support Services Sonoma County Office of Education (707) 524-2880

----- Original Message -----From: "Debra Sanders" <[email protected]> To: "Jeni Stum" <[email protected]>, "Cliff Schlueter" <[email protected]> Sent: Monday, June 10, 2013 1:09:08 PM Subject: Re: VOMCH Schol

Jeni,

Just wanted you to know that I received your message.

I am looping Cliff Schlueter in because he can provide more detailed information about schedule for computer use in the classroom.

I am available to meet with parents, youth, and staff at their request, and also push-out resources, including MKV information, through visits, contacts, meetings, and trainings. I do not have a set schedule for meeting with youth at VMCH school.

Regards,

Debra

6/28/13 8:09 AM

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----- Original Message -----

From: "Jeni Stum" <[email protected]> To: "Debra Sanders" <[email protected]> Sent: Friday, June 7, 2013 1:44:16 AM Subject: Re: VOMCH Schol

Debra,

Do the children at VOMCH school have access to a computer and time to use it at school? How often do you go to the school and meet with youth about their rights under MKV?

Jeni

On Fri, May 31, 2013 at 11:24 AM, Debra Sanders < [email protected] > wrote:

Hi Jeni,

I am at VMCH at least monthly for meetings. The McKinney-Vento posters are in right inside the doors of the VMCH school classrooms and in the window of the front office.

In addition, McKinney-Vento and Foster Youth information is posted on the SCOE website.

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Debra

From: "Jeni Stumll < [email protected] > To: "Debra Sanders" < [email protected] > Sent: Wednesday, May 29, 2013 3:25:16 PM

Subject: Re: VOMCH Schol

Debra,

https:/lzimbra.scoe.orglzimbralh/printmessage?id=42945

When was the last time you went to VOMCH school and gave the youth information about their rights under McKinney Vento and where at the school are posters about homeless rights placed?

Jeni

On Thu, May 23, 2013 at 10:42 AM, Jeni Stum < [email protected] > wrote:

Cliff and Debra,

Given that both Sonoma County policy, state and federal laws require best interest hearings be done before placement at a school other than the school of origin, and none of the children at VOMCH currently have had a best interest determination, what will be done to correct it and to prevent this from happening in the future?

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Jeni

On Thu, May 23, 2013 at 10:38 AM, Jeni Stum < [email protected] > wrote:

Paul,

What is your role at the school district?

Jeni

On Thu, May 23, 2013 at 8:11 AM, Paul Dunaway < [email protected] > wrote:

Hi Jeni,

At this pOint, I must intervene and ask that you stop emailing Debra. I would agree with Debra that there does not seem to be a question that you are asking at this point. I don't consider Debra's role to include addressing concerns that you may

6/28/13 8:09 AM

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have regarding the laws and regulations that dictate how we treat educational needs for foster youth. I also appreciate any advocacy pertaining to the rights and treatment of foster youth, but must ask that you stop emailing regarding this issue unless you have a specific question.

Respectfu lIy,

Paul Dunaway

Placement Section Manager

Family Youth and Children's Division

From: Debra Sanders [mailto: [email protected] ] Sent: Thursday, May 23, 2013 7:42 AM To: Jeni Stum Cc: Cliff Schlueter Subject: Re: VOMCH Schol

Hello Jeni,

I received the information that you sent. As I've mentioned to you in previous exchanges, this is information of which I am aware and upon which my work is based. At. this time, I do not see that there is anything new that you and I would need to discuss related to McKinney-Vento or school of origin, unless you have a specific question.

Best,

6/28/13 8:09 AM

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Debra

From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >, "Cliff Schlueter" < [email protected] > Sent: Wednesday, May 22, 2013 9:20:32 PM Subject: Re: VOMCH Schol

Hi Debra and Cliff,

Thank you for appreciating my knowledge and advocacy. This isn't an issue of interpretation. The law is explicit as is Sonoma County's own policy. I have mailed you information. When you receive it, please email me back and we will discuss what to do going forward.

If I don't hear from you, I will follow up in a week.

Jeni

On Fri, May 17, 2013 at 11:19 AM, Debra Sanders < [email protected] > wrote:

Jeni,

6/28/138:09 AM

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I very much appreciate your advocacy and knowledge related to foster youth education.

The legislation that you referenced is information of which I am aware, and it is what guides my day to day work. However, I believe that you and I differ in how we understand the current VMCH school program and interpret the McKinney-Vento legislation.

At this time, unless you have a specific question, I do not have new information to offer.

Best,

Debra

From: "Jeni Stum" < [email protected] > To: llDebra Sanders" < [email protected] >

Sent: Friday, May 17, 2013 9:52:20 AM

Subject: Re: VOMCH Schol

Debra,

6/28/13 8:09 AM

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What will be done differently going forward?

What will be done immediately for the kids at VOMCH?

Jeni

On Thu, May 9, 2013 at 12:41 PM, Debra Sanders < [email protected] > wrote:

Jeni,

Thank you.

Debra

From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Wednesday, May 8, 2013 7:59:57 PM

Subject: Re: VOMCH Schol

6/28/138:09 AM

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AB490 requires that the hearing include the child. MKV requires there be a hearing before the child is put in a school other than their school of origin. The temporary clauses (a child can be placed temporarily or an emergency) in AB490 do not remove the right to a hearing and it does not allow for indeterminate lengths of schooling. In order for a child to be placed at that school MKV requires a hearing and AB490 requires the child participate. After such timer you must provide the childr their attorneYr and the right's holder with the reason for your placement. Then the child, the attorney or the right's holder can appeal, during which time the child has the right to be at their school of origin. So unless you have had a hearing to determine that they are in danger or that they need temporary placement at VOMCH, and the appeals have been exhaustedr the kids need to be at their school of origin.

That Bar Association memo is easy to understand and shows exactly what is expected of MKV liaisons. It is short and easy to review.

Jeni

On Wed, May 8, 2013 at 10:53 AMr Debra Sanders < [email protected] > wrote:

Hi Jeni,

I believe that you are referring to EC 48853.3 (d)(3) which stipulates that prior to making a recommendation to move a foster child from his or her school of originr the foster care liaison shall provide the foster child and the person holding ed rights

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with a written explanation stating the basis for the recommendation and how this recommendation serves the child's best interest. Is this the requirement to which you are referring?

If so, I myself have not made any recommendations to move a foster youth from their school of origin, and I am not aware that any school or district has made such a recommendation. As I have mentioned in our previous communications, I work closely with schools to support them in maintain the educational stability for youth and having the youth remain in their school of origin. This is standard practice.

If the court limits the educational rights of a parent the ed rights are assigned to another individual as part of the process.

If there is a case where a student has been identified as needing special education (or is being considered for possible need), and a school/district has made multiple documented attempts to contact the educational rights holder of record. If the school/district has not been able to make contact with that individual in order to engage them, then the district can submit a request to the Sonoma SELPA for the appointment of an educational surrogate.

I hope that I have addressed your questions.

Debra

From: "Jeni Sturn" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Tuesday, May 7, 2013 4:33:02 PM

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limbra

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Subject: Re: VOMCH Schol

Debra,

Who tells the children they have a right to a hearing? AB490 explicitly says they do. AB490 does not remove the rights of children given in MKV.

Who acts as the rights holder in the meetings when the parent's rights have been terminated? I assume it is not a judge.

Jeni

On Mon, Apr 15, 2013 at 12:51 PM, Debra Sanders < [email protected] > wrote:

A hearing would take place in a case where there is a dispute regarding school of origin best interest. There has not been a dispute raised with me by a district or ed rights holder. During this year, I have not been contacted by (or heard of a case) where a school district was making a recommendation that a youth be placed in a program other than his/her school of origin.

Below is information from the Children's Law Center's AB 490 overview which you may find helpful:

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IX. FOSTER YOUTH IN EMERGENCY SHELTERS

Foster children living in emergency shelters may receive educational services at the emergency shelter as necessary for short periods of time for either of the following reasons:

a. For health and safety emergencies (EC 48853(f)(1));or

b. To provide temporary, special, and supplementary services to meet the child's unique needs if a decision regarding whether it is in the child's best interest to attend the school of origin cannot be made promptly, it is not practical to transport the child to the school of origin, and the child would otherwise not receive educational services. EC 48853(f)(2)

* The services may be provided at the shelter pending a determination by the person holding educational rights.

As far as your question about who is considered the lied rights holder" - Parents [biological] generally have the right to make educational decisions for their children unless their child is in a legal guardianship, their child has been freed for adoption (parental rights have been terminated), or the juvenile court has limited their educational rights. WIC §§ 361, 726, 358.1(e); GC § 7579.5; EC § 56055; 34 CFR § 300.30.

Hope this helps.

Debra

6/28/13 8:09 AM

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From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Sunday, April 14, 2013 12:49:12 PM Subject: Re: VOMCH Schol

Debra,

So you are saying that no child at VOMCH has had an interest hearing with you. Also, no child has been allowed to participate in the decision making process.

Under which conditions would you have a formal hearing as required under AB490, MKV, or Fostering Connections?

When you say "rights holder" do you mean social worker or bio parent, generally?

Jeni

On Fri, Apr 12, 2013 at 2: 16 PM, Debra Sanders < [email protected] > wrote:

Jeni,

6/28/138:09 AM

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I think that I am seeing how our perspectives might be different, so maybe this will clarify.

The default for all youth is their school of origin, and the bulk of my contact with districts and VMCH staff revolves around the logistics for transportation and expediting that so that youth return to school with the most minimal interruption possible. As a result of this perspective few youth have attended the VMCH school this year, and I believe (although I do not have data at hand) that this reflects a consistent downward trend over the past several years.

The school districts support the continuity of school attendance for their students, so I have not had a district recommend that a youth who is temporarily at VMCH attend a school other than their school of origin. If they felt that was in the student's best interest, then they would need to follow the process of communicating their recommendation in writing involving the ed rights holder, LEA liaison and possibly me as well.

In the cases that I have worked on where a youth attends a school other than the school of origin, that has been driven by the request of the ed rights holder. The ed rights holder has the right to unilaterally request a placement other than the school of origin, and sometimes that is what occurs without a formal best interest review. If an education rights holder contacted me with a concern about their youth being allowed to remain in their school of origin, I would assist and facilitate a formal process if it made it to that level without being resolved.

Hope this makes sense,

Debra

From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Thursday, April 11, 2013 11:54:29 AM

6/28/13 8:09 AM

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Subject: Re: VOMCH Schol

Debra,

Thank you for getting back to me so quickly.

McKinney-Vento requires that all children have a best interest review which includes the rights holder by the McKinney-Vento liaison before being removed from their school of origin, even foster children. MKV also lets children stay in their school of origin until such time as their appeals are resolved. AB490, a state law, requires those hearings to include the foster children. Fostering Connections also requires such a hearing.

MKV requires that the McKinney-Vento Liason perform those best interest reviews, not the social worker. AB490 also requires it. In the document you sent me "Best Interest in School of Origin Hearings" on the first page, sixth paragraph, is says explicitly that the determination for where the child goes to schools is with the MKV Liason, the child and the rights holder. That means that every single child at VOMCH should have an MKV/AB490/Fostering Connections hearing before they attend VOMCH school.

So unless I am misunderstanding both the law and the best interest document you sent over, all of the children at VOMCH must have had a hearing with their rights holder with you to determine where that they should not go to their school of origin.

How many hearings have you had with rights holders and children to determine

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children should be at VOMCH school, not their school of origin?

Or, how many best interest reviews have you done with rights holders and the children to determine children should be at VOMCH school, not their school of origin?

Also, I am not asking you for anecdotal information about the reason for placing children at VOMCH school. I am asking you why children are being placed at VOMCH school instead of their school of origin.

Thank you for your help and responsiveness.

Jeni

On Thu, Apr 11, 2013 at 10:22 AM, Debra Sanders < [email protected] > wrote:

He"o Jeni,

As I mentioned in a previous email, I am the McKinney-Vento liaison for SCOE. Each district (LEA) has their own designated liaison, and the current draft of that list is posted under the Homeless Education section of the SCOE website ( http://www.scoe.org/pub/htdocs/homeless-education.html). Please let me know if you have any trouble accessing that page, and I am happy to assist.

In order to effectively understand your question about hearings, I need some

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clarification from you about what you are looking for. Can you clarify for me the stage of the process to which you are referring? I am typically involved in supporting districts to maintain school of origin for students and support them in removing barriers and identifying resources. If there is discussion about a change of placement, the Best Interest School of Origin checklist is the go-to resource and that discussion involves ed rights holders as the decision maker.

While I am involved with supporting individual youth who move in and out of placements at VMCH, I do not keep data about the anecdotal reasons behind school placement decisions.

I hope that this provides some clarification.

Thank you,

Debra

Debra Sanders, Ed.D. Foster Youth Services Coordinator Sonoma County Office of Education (707) 524-2661 office (707) 888-8919 cell [email protected]

From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Tuesday, April 9, 2013 12:08:35 PM

6/28/13 8:09 AM

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Subject: Re: VOMCH Schol

Hi Debra,

I appreciate how open you've been and I'm sure you've been busy with end of year stuff. I do need answers to my questions though.

Is there another McKinney-Vento liaison besides you? How many hearings have you had with educational rights holders and children to place children at VOMCH school?

What are the reasons that most children end up at VOMCH school (disability, driving time, not previously at a public school, behavioral issues, etc)?

Thanks for all your help, Jeni

On Thu, Mar 21, 2013 at 9:56 AM, Jeni Stum < jeniferstum@qmail,com > wrote:

Debra,

Thank you for your ultra-quick reply. I appreCiate you being so helpful and open.

If the county staff are deciding where the kids go to school, they are unaware of the law. Both state and federal law mandates that the McKinney-Vento liaison decide. County policy can't override federal law.

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The law puts the duty to decide with the school district, not the county human services agency. These laws were written to address the educational problems at places like VOMCH, and VOMCH does not have a legal exception.

Is there another McKinney-Vento liaison besides you? How many hearings have you had with educational rights holders and children to place children at VOMCH school?

Thanks, Jeni

On Thu, Mar 21, 2013 at 9:44 AM, Debra Sanders < [email protected] > wrote:

Hi Jeni,

Thank you for that clarification. My original message to you may not have been clear enough. The social workers do not act as the education rights holder. They are well aware of the legalities around that issue. They do serve as the primary contact with education rights holders and I support them as needed with connecting to the school staff.

If the education rights have been limited, there is a process for a surrogate to be appOinted through the County Office of Education.

Debra

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From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] >

Sent: Thursday! March 21, 2013 9:37:07 AM

Subject: Re: VOMCH Schol

I'm sorry! I didn't edit my last email clearly enough. I made a point a bit unclear. I'll clarify.

Federal law and state law restricts people with a conflict of interest from acting as a child's educational rights holder. Until the court severs the rights of the parents! it is the biological parent who holds the educational rights, even for foster children. Social workers and staff at VOMCH have a conflict of interest and that excludes them from acting as an educational rights holder for children whose biological parents have had their rights severed. A surrogate parent must be assigned. http://www2.courtinfo.ca.gov/protem/courses/delin/stats/gc/sources75795.htm

Until such time as the hearing and all appeals are exhausted! the child must be in their school of origin.

Thanks for your help!

Jeni

On Thu, Mar 21, 2013 at 9:20 AM! Jeni Stum < [email protected] > wrote:

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Debra,

Are you aware that federal law mandates a child go to the school of origin unless the McKinney-Vento liaison has a hearing with the educational rights holder? And that state laws require that hearing include the child? And that a child must stay at the school of origin until the end of the hearings and the resolution of any appeals?

Federal law and state law actually restricts anyone with a conflict of interest from being the child's educational rights holder which includes social workers and other county staff from acting as educational rights holders of children. http://www2.courtinfo.ca.gov/protem/courses/delin/stats/gc/sources75795.htm

Here is a really good primer from the American Bar Association:

http://www.americanbar.org/content/dam/aba/migrated/child/education /publications/ga fc and mv overlap final.authcheckdam.pdf

The federal law puts the burden of this on the McKinney-Vento liason, state law puts it on the Foster Care Liaison. That means where a child goes to school is with the school district, not Human Services.

Sending a child to VOMCH school without that hearing is unlawful and a violation of their civil rights. It is extremely serious.

How many of the children who have gone to VOMCH school have had an educational hearing with you before attending VOMCH school?

Jeni

On Thu, Mar 21, 2013 at 8:35 AM, Debra Sanders < [email protected] > wrote:

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Hi Jeni,

That is handled on the Human Services end by the social worker, so it would be best to ask them about the procedures. The "Foster Youth" section of the SCOE website does provide a "Best Interest in School of Origin Checklist" which I encourage everyone involved with discussing student placement to use as a resource and documentation of the specific factors for individual student cases.

Please let me know if you would like the name of a contact from Human Services. I am not sure of your context or familiarity with agencies, etc. You can also feel free to call to have a more robust conversation, because I can see from our series of emails that you have many questions. It would also be helpful for me to know if you affiliation (for example, whether you are a parent, advocate, or agency staff) so that I can direct you to other resources geared for those groups.

Best,

Debra

Debra Sanders, Ed.D. Foster Youth Services Coordinator Sonoma County Office of Education (707) 524-2661 office (707) 888-8919 cell dsa [email protected]

From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] > Sent: Wednesday, March 20, 2013 7:36:08 PM

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Subject: Re: VOMCH Schol

Hi Debra,

Thank you.

Can you explain the process by which a child ends up at VOMCH school?

I understand why children end up at VOMH, you don't need to explain that to me.

Thanks, Jeni

On Thu, Mar 14, 2013 at 7:00 AM, Debra Sanders < [email protected] > wrote:

Yes. Please let me know how I can help.

Debra

Sent from my iPhone

On Mar 13, 2013, at 8:38 PM, Jeni Stum < [email protected] > wrote:

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Debra,

Are you the McKinney-Vento liaison for foster youth in Sonoma County?

Jeni

On Mon, Feb 25, 2013 at 10:32 AM, Debra Sanders < [email protected] > wrote:

Hi Jeni,

Those are in-depth questions, so I think that the appropriate person for you to connect with is Georgia Ioakimedes, the Director of Alternative Education for SCOE. Her email is [email protected] , phone 707-524-2884 .

If you feel that I can be of further assistance, feel free to contact me.

Regards,

Debra

Debra Sanders, Ed.D. Foster Youth Services Coordinator

Sonoma County Office of Education (707) 524-2661 office

[email protected]

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From: "Jeni Stum" < [email protected] > To: "Debra Sanders" < [email protected] > Sent: Monday, February 25, 2013 10:06:16 AM Subject: Re: VOMCH Schol

Debra,

I have pretty in depth questions.

What is the name of the school? Monthly breakdown of the number of children enrolled over the last five years. How many teachers? What are the teacher(s) qualifications? How many classrooms? How are credits accrued? Is it a K-12? What is the average length of stay at the school? Are there junior and high school classes offered at the school? How much does it cost to run a year? What are the breakdowns of reimbursement (state, county, federal, private)? What is the process by which credits are transferred? How often are IEP's performed? What is the IEP compliance rate? When was the last time there was an administrator visit to the school to check on the quality of the teacher(s)? Do they still participate in the garden program? If yes, how is that time reported as a transferable grade? Is there any oversight of academic outcomes at VOMCH school (testing for example)? What are the extracurricular/after school activities? Discipline policies. Absence rates.

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Ethnic breakdown of attendees. Most common school students transfer from. Who is the principal? How are academic standards overseen? Are there any set curriculum? How many arrests have been made at the school? How many incidents of violence? How would a student report abusive behavior by a teacher or staff at the school? How would a student report abuse at the shelter (as they would for home abuse) to a staff member at the school? Is there a non-affiliated social worker (a social worker not affiliated with the children's cases) who goes to the school? Do the children have access to a phone? Do the children have access to the internet? Do the children have access to newspapers? What age appropriate activities are provided comparable to public school?

I need an all there is to know primer on the school but those are where we can start.

Thank you, Jeni

On Mon, Feb 25, 2013 at 8:18 AMI Debra Sanders < [email protected] > wrote:

Hi Jeni,

I am familiar with the program, so I may the answer to your question. If I do notl I will connect you to the person who does. What are you interested in finding out?

Debra

Debra Sanders, Ed.D.

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Foster Youth Services Coordinator Sonoma County Office of Education (707) 524-2661 office (707) 888-8919 cell [email protected]

From: IIJeni Stumll < [email protected] > To: [email protected] Sent: Sunday, February 24, 2013 1:45:25 PM Subject: VOMCH Schol

Hello Ms. Sanders,

I would like some information on Valley of the Moon Children's Home school. Are you the person to ask?

Thanks Jeni Stum

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