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Agenda Item
ASR
Control 25-000484 |
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MEETING
DATE: |
03/24/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
Social
Services Agency (Approved) |
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Department contact person(s): |
An
Tran (714) 541-7708 |
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James
Cho (714) 541-7711 |
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Subject: Approve Amendment One for
Educational Support for Foster Youth
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: FY 2026-27 $730,081 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/9/2023 #24, 5/5/2020 #45, 5/9/2017
#40, 5/20/2014 #52 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute Amendment One to Memorandum of
Understanding with Orange County Superintendent of Schools for Educational
Support for Foster Youth to renew and amend
the Memorandum of Understanding in an amount not to exceed $730,081,
effective July 1, 2026, through June 30, 2027, for a revised cumulative total
amount not to exceed $2,748,934, effective July 1, 2023, through June 30, 2027,
renewable for one additional one-year term.
SUMMARY:
Approval of Amendment One to the
Memorandum of Understanding with the Orange County Superintendent of Schools
will provide foster youth with continued academic support and representation to
optimize their school stability and educational attainment.
BACKGROUND
INFORMATION:
The
Board of Supervisors (Board) previously approved the following Memorandums of
Understanding (MOU) with the Orange County Superintendent of Schools, operating
as the Orange County Department of Education (OCDE), to provide Educational
Support for Foster Youth as outlined below.
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Board Date |
Agreement or Amendment |
Term |
Maximum Obligation |
Board Action |
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5/20/2014 |
MOU |
7/1/2016-6/30/2017 |
$862,106 |
Approved MOU
with OCDE |
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5/9/2017 |
MOU |
7/1/2017-6/30/2020 |
$2,529,953 |
Approved MOU
with OCDE |
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5/5/2020 |
MOU |
7/1/2020-6/30/2023 |
$1,961,656 |
Approved MOU
with OCDE |
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5/9/2023 |
MOU |
7/1/2023-6/30/2026 |
$2,018,853 |
Approved MOU
with OCDE |
OCDE’s Foster Youth Services Coordinating
Program (FYSCP) provides educational academic support and representation to
foster youth in early childhood education through high school who are under
Orange County Juvenile Court (Juvenile Court) jurisdiction.
The FYSCP is co-located at the Social
Services Agency’s (SSA) Eckhoff facility in Orange to advocate for and support
foster youth throughout the educational process, including Individualized
Education Program meetings, Child and Family Team meetings and Transitional
Planning Conferences to ensure their needs are met. FYSCP staff evaluate and
monitor academic progress from grades kindergarten through grade 12, support
early childhood education, college transition and career planning. FYSCP serves
as a liaison between SSA and school districts to facilitate school of origin,
community resource referrals and gather school district records to prepare
educational progress summaries for social workers, probation officers and the
Juvenile Court. These summaries monitor academic progress toward meeting
graduation requirements and provide academic performance information to the
Juvenile Court.
This MOU serves as a pass through for
Federal Title IV-E funds received by the County and subsequently paid to OCDE
for expenditures claimed. Funding is restricted to administrative services and
covers the salaries and benefits of FYSCP staff.
FYSCP has annually served an
average of 1,837 foster youth for academic years 2023-24 and 2024-25. FYSCP
tracks data to ensure that local educational agencies are providing educational
support services to foster youth, as demonstrated in the table below.
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FYSCP
Services |
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Educational progress summaries |
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Trainings provided to stakeholders |
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Children ages 3-5 who received school
readiness services* |
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Youth attended Annual College Fair** |
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High School Graduation Rates (12th grade Intensive Education Case
Management) |
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Service Coordination (Liaison Assistance, Academic and
Behavioral Interventions) |
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FYSCP
Staff-Attended Education-Related Meetings |
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Court Meetings/Staffing (hours) |
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School Meetings (hours) |
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Child and Family Team Meetings
(hours)/Educational Information Shared |
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Transitional Planning Conference
Meetings (hours)/Educational Information Shared |
* Starting in FY 2024-25, OCDE began
tracking all early learning opportunities due to the major implementation of
California's Transitional Kindergarten (TK) Program and culminated in all
school districts being required to offer TK to eligible four-year-old children
by the 2025-26 school year
** Academic Year 2023-24 was the last year
the Annual College and Career was held
Non-Standard Insurance Provisions
The MOU requires Per Occurrence Sexual
Misconduct Liability (SML) Insurance. Effective January 1, 2024, new state law
eliminated the existing time limit for the statute of limitations on childhood
sexual assault. Under the new law, a civil claim for a child sexual abuse event
that occurs after January 1, 2024, can be brought at any time. Due to the
significant potential liability the new law poses, many insurance providers are
either unwilling to issue Per Occurrence SML or issue Per Occurrence policies
at an affordable premium. Per Occurrence SML does not have a timeline
limitation when a claim is filed and coverage applies, so long as the policy
was active at the time of the incident. With Claims-Made SML, there is a
specific, limited timeframe when a claim filed would be covered. If OCDE is
unable to find an insurance carrier to provide Per Occurrence SML due to the
type of services provided, OCDE will carry Claims-Made SML Insurance and will
be required to maintain this insurance throughout the term of the MOU in lieu
of Per Occurrence SML Insurance. Risk Management reviewed this MOU and made the
determination that Claims-Made SML Insurance is acceptable due to the
co-location of OCDE at SSA’s Eckhoff facility and a limited hands-on exposure
to minors. See Attachment B for the approved Risk Assessment or Modification of
Insurance Terms form.
SSA now requests the Board’s
approval of Amendment One to the MOU with OCDE to provide services for
Educational Support for Foster Youth to renew and amend the MOU in an amount
not to exceed $730,081, effective July 1, 2026, through June 30, 2027, for a revised
cumulative total amount not to exceed $2,748,934, effective July 1, 2023,
through June 30, 2027. This MOU is eligible for an additional one-year renewal
term after the expiration of Amendment One.
OCDE’s performance has been confirmed as
satisfactory. SSA has verified there are no concerns that must be addressed
with respect to OCDE’s ownership/name, litigation status or conflicts with
County interests. The Orange County Preference Policy is not applicable to this
MOU because of federal funding.
An analysis was completed to verify the
MOU provides County with persons specially trained, experienced, expert and
competent to perform the special services in accordance with the law.
License
The
proposed License renewal, which will be executed under delegated authority by
CEO Real Estate Services, will allow the continued co-location of OCDE staff at
SSA’s Eckhoff facility. The license term will coincide with the Educational
Support for Foster Youth Services Memorandum of Understanding, Eckhoff
facility. Attachment C contains additional terms and conditions for the License
Summary.
Subcontractors
This
MOU does not currently include subcontractors or pass through to other
providers. See Attachment D for Contract Summary Form.
FINANCIAL
IMPACT:
Appropriations for this MOU will be
included in Budget Control 063, Social Services Agency FY 2026-27 Budget.
Contingency of Funds
The MOU includes provisions that the MOU
is contingent upon the availability of funds and inclusion of sufficient funds
in the budget approved by the Board for each fiscal year the MOU remains in
effect or operation. In the event such funding is terminated or reduced, the
County may terminate the MOU, reduce the County’s maximum obligation or modify
the Contract, without penalty.
N/A
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Amendment One to MOU MA-063-23011077 with Orange County Superintendent of
Schools
Attachment B – Risk Management Insurance Form
Attachment C – License Summary
Attachment D – Contract Summary Form