Transcript Educational Advocacy for Youth In Foster Care

Center for Children’s Advocacy
December 15, 2009
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Assessing Educational Needs
Ensuring provision of adequate services
Discipline and School Arrests
Transition/Aging out services
School Mobility and new Federal Law
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Between a third and half of school-age
children in the foster care system receive
special education services, compared to only
11% of all school-age children.
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How is the child performing in school?
Accessing child’s educational records.
Has the child ever been evaluated for special
services?
Has the child ever received extra help in
school?
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John’s story
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Multi-disciplinary Evaluation
Release for school records
Appointment of educational decision-maker
Review educational needs at treatment
planning conference
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Who can make educational decisions on
behalf of a child in foster care?
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A birth or adoptive parent.
Another qualified person.
OR any of the following individuals can be the IDEA
 Foster parent unless barred by state law from serving as an IDEA
 A guardian (both a general guardian or a guardian specifically
 authorized to make education decisions)
 A person acting in the place of the parent with whom the child
lives
 A person legally responsible for the child’s welfare
 A surrogate parent (more on this below)
 A person designated by the judge (what if child is under an
OTC?)
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Sec. 10-94g. Commissioner of Education to appoint surrogate
parent. Procedure for objection to or extension of said
appointment. (a)(1) When in the opinion of the Commissioner of
Education or a designee of said commissioner, (A) a child may
require special education, or a child who required special
education no longer requires such education but requires or may
require services under Section 504 of the Rehabilitation Act of
1973, as amended from time to time, and (B) the parent or
guardian of such child cannot be identified, the whereabouts of
the parent cannot be discovered after reasonable efforts to
locate the parent have been made, such child is a ward of the
state or such child is an unaccompanied and homeless youth,
both as defined in 42 USC 11434a, as amended from time to
time, the commissioner or a designee of said commissioner shall
appoint a surrogate parent who shall represent such child in the
educational decision-making process
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Parent Teacher Conferences
Student Support Team (SST)
◦ Convened when student is not making
progress
◦ Implement interventions
expected
- Tutoring
- Classroom accommodations, e.g.,
preferential seating
- Different teaching strategies
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Connecticut has even more specific
requirements for “child find” than federal
law :
“. . . Provision shall be made for the prompt
referral to a planning and placement team
of all children who have been suspended
repeatedly or whose behavior, attendance or
progress in school is considered
unsatisfactory or at a marginal level of
acceptance.”
CT State Reg. 10-76d-7
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Key Questions/Red Flags for advocates when a youth is not
receiving services
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Has the youth ever been diagnosed with a disability?
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Has the youth ever had PPT meeting? (for referral or
services)
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Has the youth been absent from school for more than 20 days
of the school year?
Key Questions/Red Flags for advocates when a youth
is not receiving services
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Has the youth been suspended for more than 10 days,
expelled, or getting into continuous trouble in school?
Key Questions/Red Flags for advocates when a youth is not
receiving services
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Has the youth ever been hospitalized for mental health reasons
or placed in a clinical day treatment program?
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Is the youth not getting access to basic mental health care?
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Does it appear that the youth does not have a thorough
evaluation or proper diagnosis of his/her mental
health/emotional problems by the school system?
•The
first PPT, called a referral PPT or a
PPT-1, determines what evaluations
should be conducted
•The
duty to evaluate is in all areas of
suspected disability including, if
appropriate, health, vision, hearing,
social & emotional status, general
intelligence, academic performance,
communicative status and motor abilities.
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Types of Evaluations:
- Educational
- Psychological
- Psychiatric
- Speech & Language
- Neuropsychological
- Sexual Abuse
- And others
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45 school days from the initial request for
referral to Special Education & consent by
parent
When additional evaluations requested
subsequent to initial identification, they must
be completed within a reasonable time period
Must be in dominant language of student
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If IDEA parent disagrees with evaluations, or
does not believe complete:
◦ Can request independent evaluation
◦ If school denies, pursue Due Process
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Disability categories in CT:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability (mental retardation)
- Multiple disabilities
- Orthopedic impairment
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Other health impairments, e.g., ADHD
Specific learning disability
Speech or language impairment
Traumatic brain injury
Visual impairments, incl. blindness
**Must have a negative impact on
student’s ability to learn**
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Supportive services, including assistive
technology, required to assist a child with a
disability to benefit from special education
Examples:
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Speech & language services
Transportation
Social work services
Teaching the caregiver about the disability
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Counseling
Social skills instruction
Small group instruction
Door to door transportation
Tutoring
Resource room
Additional evaluations
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Ask for a copy of the education records (from
district or DCF)
Ensure that child is receiving an annual PPT
and that child welfare agency is aware of
ongoing educational needs
Make sure that educational performance and
other related issues are covered in the
treatment plan process.
It is possible to discipline special education
students, but special education students are
entitled to significant protections not
available to regular education students.
◦ If a student’s disability contributes to
behavior problems, the IEP must
include a Functional Behavior
Assessment (FBA).
◦ The FBA leads to the creation of a
Behavior Intervention Plan (BIP), also
a part of the IEP.
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Determine whether the discipline was a change in
placement.
◦ The child was moved to another educational
setting, either inside or outside the school; AND
◦ The removal was for more than 10 consecutive
days; OR
◦ The child was subjected to a series of shorter
removals that constitutes a pattern and amounts to
more than 10 days during a school year.
If yes, the school must hold a
Manifestation Determination
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Manifestation determination must occur within 10 days
of the change in placement
PPT determines whether the conduct for which
discipline is imposed is
◦ a result of the student’s disability, or
◦ the direct result of a failure to implement the IEP
If yes, the district must return the child to the
placement from which the child was removed.
◦ Exception: Interim Alternative Educational Setting for
45 days for behavior involving weapons, drugs,
serious bodily injury
If no, the district can change child’s placement, but
child must still receive FAPE.
As with any other PPT decision, if parent disagrees, can
appeal.
Beginning on the 11th day that a child with a
disability is removed from their current
placement, the district must provide those
services necessary for the child to
-Appropriately progress in the general
curriculum and
-Appropriately advance toward achieving
their IEP goals
• School personnel determine where the
services will be provided
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Interim Alternative Setting
Even if the behavior was a manifestation of the
student’s disability, a student can still be
moved to an “interim alternative setting” for
45 days if the student:
◦ Brought a weapon to school or a school
function
◦ Possessed or used illegal drugs or sold or
solicited the sale of drugs at school or at a
school function
◦ Inflicted serious bodily injury upon another
person at school or at a school function
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If a special education student is expelled or
placed in an interim alternative educational
setting, the student shall:
◦ continue to receive the services he/she needs
to continue to make educational progress
◦ receive, as needed, a functional behavioral
assessment, behavioral intervention services,
and modifications, designed to keep the
behavior from occurring again.
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What if the district decides the interim alternative
educational setting is homebound?
Any decision to place a special education student on
homebound instruction should be made by a PPT,
not unilaterally by the district.
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Even if child is not identified as special
education, can access these protections if the
district had knowledge that the child had a
disability
District is considered to have “knowledge” if
◦ Parent has expressed concern in writing to
supervisory or administrative personnel, or a
teacher of the child, that the child was in need of
special education and related services; or
◦ The teacher of the child, or other personnel of the
LEA, had expressed specific concerns about a
pattern of behavior demonstrated by the child,
directly to the Director of Special Education or to
other supervisory personnel of the agency.
If the parent of the child has not allowed an
evaluation of the child
 If the parent has refused services
 If the child has been evaluated and
determined not to be a child with a disability
In such cases, regular disciplinary measures
apply.
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State statute limits total number of days
student can be suspended to 50, occurring in
batches of no longer than 10 consecutive
school days
This is true for both reg. ed. & spec. ed.
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Another way that schools use the juvenile
justice system to address disciplinary
issues is through school-based arrests.
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Too often students are referred to law
enforcement for conduct that could be a
manifestation of their disabilities, and
their Behavior Intervention Plans (BIPs),
which were developed and approved by
their planning and placement teams
(PPTs) are disregarded.
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◦ IDEA does not prohibit a school district from reporting a
crime committed by a child with a disability to law
enforcement.
◦ IDEA does require that, when such a crime is reported, the
district “shall ensure that copies of the special education and
disciplinary records of the child are transmitted for
consideration by the appropriate authorities to whom the
agency reports the crime.”
◦ However, any disclosure of records must also comply with
the Family and Educational Rights and Privacy Act (FERPA),
which states that educational records can only be shared if
parent consents in writing.
◦ BUT: “health and safety exception”: if the district decides
there is a “significant and articulable threat” to the student
or others’ health or safety, the records can be disclosed to
anyone who needs that information to protect that student’s
or others’ health or safety
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Kim’s Story
Begin following child’s 15th birthday
Discuss transition from school to adult life
Youth attends the PPT
IEP must include appropriate measurable postsecondary goals
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Transition services needed to assist child in reaching
goals
May require district to get other agencies involved
(DDS, DMHAS, Vocation and Rehabilitation Services,
BRS)
IEP must consider
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child’s strengths
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Guardian’s concerns
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Recent evaluations
4.
Academic, developmental and functional
needs of child
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If participating agency fails to provide
necessary services, the buck stops with the
school district
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Transition services are a coordinated set of activities
that promote movement from school to such postschool activities as post-secondary education,
vocational training, employment, adult services,
independent living and community participation.
They must be based on the individual student's
needs, taking into account his or her preferences and
interests.
Transition services must include instruction,
community experiences, and development of
employment and other post school adult living
objectives. If appropriate, daily living skills and
functional vocational evaluation may also be
included.
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If the IEP team determines an individual student
does not need services in one or more of these
areas the IEP must contain a statement to that
effect and the basis upon which the
determination is made.
Before the student leaves school the IEP must
also contain, if appropriate, a statement of each
public agency's and each participating agency's
responsibilities or linkages (including financial)
for the transition activities (34 CFR 300.346(d)
and comment).
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The IEP meeting must include a representative of the
public agency providing and supervising the transition
activities and, if appropriate, representatives of other
participating agencies.
In almost all situations the familiar district representative
required for all IEP meetings would qualify as this
representative.
If appropriate, the student should also be there to ensure
her or his needs, preferences, and interests are addressed.
It is difficult to imagine circumstances where it would not
be appropriate for a student who has a learning disability
to be at the meeting. If the student cannot attend, other
methods of participating must be used (34 CFR
300.344(c)(3)).
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The ultimate responsibility for providing
transition services rests with the school
district (or state education agency if district
fails) and there is no provision for a waiver of
this requirement.
Thus it applies to all public agencies to whom
IDEA applies and, if a participating agency
defaults on service provision, it is the school
that must find an alternative way to provide
the service.
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DCF youth entitled to treatment planning
Entitled to Adolescent Plan under federal law
Fostering Connections underscores transition
plan requirement
Child welfare agency must ensure that school
district providing appropriate transition
services
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Permanency Plan should address. If plan is
independent living, court must make finding
that agency made/is making reasonable
efforts to achieve that goal.
Advocate for community based learning;
experiential learning; vocational assistance.
What if youth is not receiving adequate or
appropriate services?
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Due Process Hearing Request
Mediation Request
Administrative Complaint
If in Juvenile Court, bring school district in as a
necessary party
What if youth is not receiving adequate or
appropriate services?
 Is there a surrogate
 Is DCF educational consultant involved?
 Is court aware of educational issues?
 Do DCF court updates address educational issues and
services
What if youth is not receiving adequate or
appropriate services?
 Does permanency plan address educational
needs and issues?
 Does DCF treatment plan address educational
needs
 Does DCF/DMHAS transition team include
requisite district representative?
What if youth is not receiving adequate or
appropriate services?
 Mandate that PPT be held and that client be
invited to participate in discussion of
transition goals and services.
 DCF and surrogate and, if appropriate,
DMHAS rep, should be present at PPT.
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Jose’s Story
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Initiated by either IDEA Parent or Board
Options include Hearing, Mediation, Advisory
Opinion, Administrative Complaint.
“Stay-Put”: District required to maintain
student in current program until conclusion
of the process, unless another agreement is
reached
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Request for hearing
Resolution meeting
45 day timeline begins
Written decision issued
Stay put provision
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See handout
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McKinney-Vento Act addresses problems
homeless children and youth have accessing
education.
Homeless students may continue to attend
the school that they are attending before
becoming homeless, including pre-school.
Homeless students are entitled to
transportation to home school.
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McKinney- Vento applies to all children and
youth who do not have a fixed, regular and
adequate residence, including those who are:
◦ Staying with friends or relatives because they lost
their housing;
◦ Runaways or “throwaways”
◦ Awaiting foster placement (ie: a DCF shelter, PDC, or
temporary foster home)
◦ Living in emergency or transitional shelters, motels,
domestic violence shelters, campgrounds, inadequate
trailer parks, cars, public spaces, abandoned buildings
and bus/train stations.
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Q: What is the Fostering Connections to
Success and Increasing Adoptions Act of
2008?
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A: On October 7, 2008, the Fostering
Connections to Success and Increasing
Adoptions Act of 2008 (P.L. 110-351,
Fostering Connections Act) was signed into
law. This law amends parts B and E of Title IV
of the Social Security Act to help hundreds of
thousands of children and youth in foster
care by promoting permanent families for
them through relative guardianship and
adoption and improving education and health
care.
Q: How does this law affect education stability
for children in out-of-home care?
A: Fostering Connections requires child welfare
agencies to include “a plan for ensuring the
educational stability of the child while in foster care”
as part of every child’s case plan. As part of this plan,
the agency must include assurances that:
 the placement of the child in foster care takes into
account the appropriateness of the current
educational setting and the proximity to the school in
which the child is enrolled at the time of placement;
and
 the state child welfare agency has coordinated with
appropriate local educational agencies to ensure that
the child remains in the school in which the child is
enrolled at the time of placement.
Additionally, Fostering Connections requires
that if remaining in such school is not in the
best interest of the child, the case plan must
include assurances by the child welfare
agency and the local educational agencies
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that:
provide immediate and appropriate
enrollment in a new school; and
provide all of the educational records of the
child to the school.
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Center for Children’s Advocacy:
www.kidscounsel.org
ABA Center on Children and the Law
Legal Center for Foster Care and Education
http://www.abanet.org/child/education/publi
cations/fosteringconnections.html