Transcript Giving Children in Care The Critical Head Start They Need

Educational Placements:
The Right School for Every Child
Juvenile Law Center
Education Law Center - PA
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Overview of Presentation
 Why Education Matters
 Promoting Educational Success

School District Responsibilities and Expectations

Placement Responsibilities and Expectations
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Education: Why It Matters
 Children in care are in educational crisis:
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Twice as likely to drop out of school
One third graduate in 4 years
Higher rates of grade retention,
absenteeism/truancy
Lower academic achievement/standardized
scores
 Poor educational outcomes = Poor life outcomes

Higher than average rates of homelessness,
criminality, drug abuse and unemployment.
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Promoting School Success
 Staying in the same school
 Attending the right school
 Finding the right program
 Getting needed services
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Case Study
 Patrick is a student at Cloverleaf High
School. Last semester, he had an A in
AP Science, a B+ in AP Math, an F in
English and Spanish and a D in History.
His attendance is ok, largely because he
knows he will be kicked off the
basketball team if he doesn’t go to class.
He is being placed in out-of-home care.
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Questions
 What should the child welfare agency
consider in locating a placement for
Patrick?
 If he moves to a new school district, can
he stay in the same school? What laws
apply?
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Placement Decisions
In making placement decisions, child welfare
agency must take into account:
 Appropriateness
of current educational
setting;
 Proximity
to school where child is enrolled
at time of placement.
(Fostering Connections Act)
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School Placement
Children awaiting foster care placement have right
to:

Remain in school of origin when in child’s best
interest
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Immediate enrollment
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Transportation

Comparable services

Right to Appeal
(McKinney-Vento Act)
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School Placement

Child welfare agency must coordinate with
LEA to ensure child remains in same school
where he was enrolled at time of placement
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Except if not in the child’s best
interest, then immediate and
appropriate enrollment, with prompt
records transfer
Schools “strongly encouraged” to enroll
students
(Fostering Connections)
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Case Study continued
 For a variety of reasons related to
Patrick’s safety and mental health needs
and the availability of placements,
Patrick is placed in a residential
treatment facility that is a 1 ½ hour drive
away from his original school. The
facility runs a school, but has no AP
courses. While the facility has regular
basketball games for residents, there is
no school basketball team.
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Case Study Questions
 Where should Patrick go to school
 What laws apply?
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RIGHT TO AN EDUCATION
 In general, any child of school age is
entitled to attend school in the district
where he or she resides.
 All children of compulsory school age
(ages 8-17) must participate in a
“Department of Education-approved
school program or an educational
program under contract with the local
school district.”
55 PA Code §3800.229
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Right to Education for
Students in Institutions
 Children’s institutions include:
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residential treatment facilities, licensed
shelters, group homes, drug and alcohol
treatment centers, and detention homes.
(See 22 PA Code §11.18)
Not partial hospitalization programs
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Child’s Right to Attend
Local Public School
 Child has right to attend the public school of the
“host” district.
 UNLESS attending the public school would not
meet needs of student.
 Host school district and “parent” determine
whether the student should be enrolled in public
school or not.
 Placement cannot condition placement on
attendance at on-site schools
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Obligations of Host
School District
 ARE RESPONSIBLE for educating ALL
students in those children’s institutions until

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STUDENTS RECEIVE A DIPLOMA OR
COMPLETE THE SCHOOL TERM IN WHICH
THEY TURN 21.
 Must enroll children within 5 days and request
records within 10 days
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Case Study - continued
 Because of Patrick’s serious mental
health needs, his parents are concerned
that he will be a danger to himself or
others at the local school, and that as a
temporary measure he needs the
intense supervision that he can receive
while in an RTF.
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Case Study - questions
 What should the facility provide to
promote his educational success?
 What responsibility does the host school
district have?
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Keys to Success for Educating
Children On-Site
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Align with Host School District curriculum
Full time education unless inappropriate
Provide challenging & grade-appropriate curriculum
Recognize developmental delays
Training for staff (e.g., trauma-informed curriculum)
Recognize background, behavior and learning
methods & prior coursework
FAPE in LRE
Positive Behavioral Supports
Behavior Plan as appropriate
Document ALL credits & time for partial credits
Review Graduation Requirements
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Role of Host School District
Regardless of which option is selected by the host
school district and family or required by court order . . . .
Host school district remains responsible for
ensuring that children receive education and
special education services.
Note: The fact that a youth has a mental disability,
had previously dropped out of school, might be able
to obtain a GED etc. does not change this
obligation.
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Case Study - Continued
 Patrick has made great strides in his
mental health. His parents now believe
that he is ready to attend the local public
school. Patrick is excited to do because
he wants to join the basketball team.
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Case Study – Questions
 What enrollment documents does he
need?
 What obligations does the provider have
with regard to his education?
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Enrollment Documents

AGE
can include: birth certificate, baptismal certificate,
notarized statement from the parents indicating the
date of birth, duly certified transcript of birth

IMMUNIZATIONS
record or assurance from the former school district or
a medical office

RESIDENCY
documentation that child lives in facility

SWORN STATEMENT OF DISCIPLINARY RECORD
(Relates to weapons; Can say “to the best of my
knowledge”)
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Obligations of Providers
 Notify host school district that student has arrived.
 Provide school records including IEP to host school
district to facilitate placement.
 Participate in IEP meetings as appropriate; facilitate
participation of child’s parent in IEP meetings; assist
District in identifying special education decision
makers for those who need surrogate parents.
Caseworkers CANNOT sign IEPs!! Facilitate
education of students, provision of FAPE and
transition planning.
 Notify host and resident school district at least two
(2) weeks prior to the anticipated discharge date of
the child.
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Case Study – Continued
 Patrick shows up to enroll at the host school
district. Administrators ask for his immigration
status and the court order regarding his
placement. They also tell him that he will be
attending the alternative education program
because of his troubled background.
 Questions:
 What problems does this pose?
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School Districts CANNOT
automatically place a child in Alt. Ed.
.
 With exception of a weapons offense, automatic
placement in alt ed is:
 Unconstitutional. See D.C. v. School District of
Philadelphia Civ. Action No. 444 C.D. 2004 (Comm. Ct.
2004).
 Schools lack jurisdiction to discipline child for prior
conduct:
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School districts can only regulate conduct "during such
time as child is under the supervision of the board of
school directors" or "during the time they are in
attendance." § 13-1317. See 24 P.S. § 5-510. Hoke v.
Elizabethtown Area School District, 833 A.2d 304, 310
(Pa. Commw. Ct. 2003), appeal denied, 847 A.2d 59
(Pa. 2004).
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Alternative Education
Youth MUST meet the definition of a disruptive
student:
a student who poses a clear threat to the safety and
welfare of other students or the school staff, who
creates an unsafe school environment or whose
behavior materially interferes with the learning of
other students or disrupts the overall education
process. 24 P.S. §19-1901-C(5).
Youth MUST receive due process in the form of an
informal hearing. Hearing precedes placement
unless student poses a danger See 22 Pa. Code
§12.8 (c).
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Alternative Education & Students
with Special Education Needs
 No student eligible for special education
services pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. §1400 et
seq.) shall be deemed a disruptive student
except as provided in 22 Pa. Code §14.143.
 Placement for more than 15 school days in a
school year is a “change in placement” and
subject to manifestation determination etc.
 Any special education student placed in a
disruptive youth program must be allowed to
make normal academic
progress in accord with his or her IEP.
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Case Study – continued
 Patrick enrolls in school. Despite all the
disruption he has experienced, he
continues to do well in math and
science, but struggles in all subjects
involving much writing (English, Spanish,
Social Studies, etc.)
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Case study - questions
 What concerns should the school district
have?
 What services should they be providing?
 What role can the provider play in
making sure Patrick gets the education
services he needs?
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Obligations of Host District:
Special Ed – Child Find Duty
 Child Find duty: Duty to locate, identify, and
evaluate students with suspected disabilities,
including evaluating students for whom a
request for an evaluation has been made.
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If child may be eligible, contact the child’s
parent to initiate evaluation procedures.
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If child may need to be educated somewhere
else, initiate evaluation procedures.
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If a student has a disability, the
host school district must:
 Provide the student with a Free Appropriate
Public Education (FAPE) in the Least
Restrictive Environment (LRE)
 Provide needed special education or services
and accommodations
 Help to make decisions regarding the goals,
program, and educational placement for each
student through the IEP Team process
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Special Education School:
Right to FAPE
 A host district may arrange for another
entity, such as an Intermediate Unit, to
provide the special education services.
 Until a new IEP is developed, the child
should get services that are similar to the
services listed in the current IEP.
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Americans With
Disabilities Act (“ADA)
 Section 504 of the Rehabilitation Act of 1973
prohibits discrimination against qualified
individuals with disabilities – condition that
affects a “major life activity.”
 ADA Amendments Act (Sept. 25, 2008)
broadens definition of “disabled”
 School districts CANNOT discriminate against
students based on mental health disability or
perceived disability.
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Educational Needs Checklist
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Review the child’s education records
How has the child progressed in school?
Has the child ever been evaluated for special
education services? Should the child be evaluated
for special education services? See Screen.
Where will the child’s educational needs be met?
Is there a vocational or other program the child could
participate in at the host school?
Has the child received credits for all coursework?
How many credits does the child need to graduate?
Who will issue a diploma?
Transition plan
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Special Education Checklist
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If an evaluation is needed, ask the host school district
for “Permission to Evaluate - Parent Consent” form.
Identify wide range of “suspected disabilities”
Does the child have a special education
decisionmaker or can you identify a surrogate parent
for a court to appoint?
Is the child receiving all special education services or
comparable services identified in their current IEP?
Is the child making meaningful progress?
Has the child been re-evaluated as required?
 (2
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yrs or 3 if MR)
When will the new IEP Team meeting be held and who
will participate?
Does the child need a behavioral plan to be added to
IEP?
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Helplines & Websites
Disabilities Rights Network:http://drnpa.org/
Helpline: 1-800-692-7443
Education Law Center: www.elc-pa.org
Helpline: 215-238-6970
Juvenile Law Center: www.jlc.org
Legal Center for Foster Care and Education
www.abanet.org/child/education
Children’s Defense Fund www.childrensdefense.org
Annie E. Casey Foundation www.aecf.org
National Association for Education of Homeless Children
and Youth www.naehcy.org/
National Center for Homeless Education
www.serve.org/nche
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Contact Us
 Jessica Feierman
Juvenile Law Center
1315 Walnut Street, Suite 400
Philadelphia, PA 19107
Phone: 215-625-0551 ext. 116
[email protected]
 Maura McInerney
Education Law Center
1315 Walnut Street, 4th Floor
Philadelphia, PA 19107-4717
Phone: 215-238-6970 ext 316
[email protected]
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