Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  25-000484

 

MEETING DATE:

03/24/26

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Social Services Agency   (Approved)

Department contact person(s):

An Tran (714) 541-7708 

 

 

James Cho (714) 541-7711

 

 

Subject:  Approve Amendment One for Educational Support for Foster Youth

 

     ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:  N/A

Annual Cost: FY 2026-27 $730,081

 

 

 

    Staffing Impact:

No

# of Positions:           

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:    FED: 100% (Title IV-E)

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         5/9/2023 #24, 5/5/2020 #45, 5/9/2017 #40, 5/20/2014 #52

 

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.

 

Board Date

Agreement or Amendment

Term

Maximum Obligation

Board Action

5/20/2014

MOU

7/1/2016-6/30/2017

$862,106

Approved MOU with OCDE

5/9/2017

MOU

7/1/2017-6/30/2020

$2,529,953

Approved MOU with OCDE

5/5/2020

MOU

7/1/2020-6/30/2023

$1,961,656

Approved MOU with OCDE

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.

 

FYSCP Services

Educational progress summaries

Trainings provided to stakeholders

Children ages 3-5 who received school readiness services*

Youth attended Annual College Fair**

High School Graduation Rates

(12th grade Intensive Education Case Management)

Service Coordination

(Liaison Assistance, Academic and Behavioral Interventions)

FYSCP Staff-Attended Education-Related Meetings

Court Meetings/Staffing (hours)

School Meetings (hours)

Child and Family Team Meetings (hours)/Educational Information Shared

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