The Atlanta Lawyer April 2016 | Page 22

ADVOCATING FOR A STUDENT IN FOSTER CARE By Eric Fisher Taylor English Duma LLP [email protected] U nder Georgia law, K-12 public school students faced with proposed out-of-school suspensions of more than 10 days, or with expulsion, are entitled to dispute the proposed disciplinary action at an administrative hearing often called a “tribunal.” When the Georgia Appleseed Center for Law and Justice heard concerns about the availability of qualified counsel to assist students, especially indigent students, in the proceedings, Appleseed’s Young Professionals Council (the “YPC”) responded. hearing was scheduled for the following Tuesday morning. Other than being given a summary of the charges against her, I was told that the student, Megan (not her real name), was 12 years-old and that she was a foster child in the Fulton County Division of Family and Child Services (“DFCS”) system. Unfortunately, since being returned to foster care, Megan had not been keeping up with the medication that was supposed to keep her temper in check. Prior to my involvement, the school refused to acknowledge the connection between Megan’s disability and her improper behavior at school. Someone Was in Her Corner Compromise Representing Students The first thing I did for Megan was learn as much as I could about her from her Foster Care Case Manager. Megan had been in and out of foster care since she was a toddler. Most recently, she was returned to foster care after her elderly great-aunt could no longer care for her. Megan was currently living in a hotel with several other foster children because the group foster homes were overcrowded. Youth in Foster Care In Georgia Appleseed’s Student Tribunal Hearing Training, I learned that the punishment recommended by the school was meted out on most occasions. While I was not optimistic that I could do much to help keep Megan in school, I hoped that by simply showing up as a tra