Navigating the Systems to Support
Young Foster Children with Developmental Delays
and Disabilities and Improve Education Outcomes
Presentation to SEED Program
Alameda County Children and Family Services
July 14th, 2010
Cheryl A. Theis, MA, AbD
Education Advocate
Foster Youth Resources in Education (FYRE)
Today’s Goal:
Filling the Information Gap
“Children in foster care confront significant
obstacles along their educational journey... Much
has been written about childhood suffering, family
disruptions, and systemic obstacles that partly
explain these compromised outcomes. According to
the experts, filling the information gap is critical
for turning around "the perfect storm of resulting
school failure" and promoting school success”
(The Center for the Future of Teaching and
Learning, May of 2010)
Barriers to Needed Services:
• Complex laws and regulations make system
difficult to understand/navigate
• Lack of access to training or technical
assistance can result in failure to address
concerns
• Assumptions that “someone else” will do it
• Hope that things will resolve “on their own”
or “over time”
• Fear of labeling
Foster Youth face unique and
daunting challenges right from the
start:
WHAT WE KNOW:
• Children who have consistent, knowledgeable
advocates are the most likely to receive
appropriate services and supports.
• Almost HALF of Foster Children have identified
special education needs, and 70% are receiving
some form of mental health care. 45% of young
children have special medical needs and/or
developmental delays.
• Involved, committed parents often struggle to
navigate special education systems to get needed
support.
Foster Youth with Disabilities
face unique and daunting challenges
…WHAT WE KNOW:
• Foster Youth often have no such advocate.
• Foster Youth may experience multiple
changes in placement and support
relationships.
• Problems in school and lack of appropriate
intervention and support not only impact
educational success — they “blow up”
placement and prevent permanency and
success for many children.
What We Know:
Significant need to:
• Train foster parents, Child Welfare Workers,
CASA’s, Dependency Attorneys and Judges and
other stakeholders re: effective advocacy,
interventions for children in care
• Increase interagency collaboration
• Focus on providing connections and stability over
time.
• Demystify the process in culturally appropriate,
outcome focused ways (i.e., help is available, AND
help makes a difference!)
Risk of Special Educational
Needs:
• Trauma of abuse, neglect, being removed from
caregiver may predispose children to
social/emotional/behavioral difficulties.
• Highest rates of abuse and neglect occur in
infants and toddlers where impact can be
lifelong:
– 16.1 per 1000 children under age 3
• High rates of developmental delay in this
population:
– 23-61% of children known to CW have delays in
development, communication, behavior skills
Unaddressed Learning Needs
Cost Us ALL
• Disabilities related to emotional functioning,
attention and impulse control, inability to
read/succeed academically contribute to social
problems of teen pregnancy, unemployment,
homelessness, crime, addiction.
• 70% of California’s prison inmates were in foster
care system at some point.
• 42% have an identified disability.
• 80% had indication of disability (so only half
identified in school).
• Half had no regular employment prior to
incarceration
High Cost for Missing Needs:
• Children NOT identified as needing early
intervention and support continue to struggle
• More likely to:
- miss developmental milestones
-enter school already behind peers
-be retained
- leave school prematurely, or
- be subject to expulsion if learning challenges
manifest in behavior difficulties
• Greater chance of removal from general
education/public schools
• Experience placement/caregiver change due to
changes in educational placement, disrupting
connections and permanency
Effect of Multiple Placements
• Children who experience multiple Foster
Care placements and who needed Special
Education were less likely to receive those
services than children in more stable
placements.
• REMEMBER —
lack of support at school can DRIVE a
change in placement at home!
Impact: Changes of
Placement
• Numerous placement changes are associated with:
–
–
–
–
–
–
Problems in children’s ability to form relationships
Externalizing & internalizing behavior problems
Trauma symptoms
Academic problems
Juvenile justice system (esp. for males)
Increased chances of reentering foster care after
reunification
*TIP: Put parent training on disability/special needs
and how to access HELP into adoption,
reunification/FM case plans!
Key Factors that support
Stability of Placement Include:
• Support and training for foster parent and kin care
providers
• Intensive support and behavioral interventions for youth
with who cannot have their needs met in a lower level of care
• Educational Stability, including developmental of an
effective IEP or 504 plan where necessary
*TIP: A 504 plan CAN be written for a preschooler who needs
accomodations in childcare/preshool!
From: Foster Care Reentry and Placement Stability Outcomes: Understanding California’s Performance and Practices to Improve Outcomes,
presented to The Leadership Symposia on Evidence-Based Practice in Human Services, January 30, 2009, San Diego, CA)
Laws: What we need to know:
• There are many laws that protect children
• We do not have to “know” them all—we
need to know where to go for help!
• Information can be overwhelming, but
knowing how to navigate system is essential
Key Laws that Protect
Education Rights of Children
in Foster Care w/Disabilities
• FEDERAL LAWS:
• IDEA: The Individuals with Disabilities Education Act:
Provides for Specialized Education for Children with
disabilities who require individualization of program, early
intervention for those under 3.
• Section 504 of the Rehabilitation Act
• Civil Rights/Equal Access law, : Applies to any program
receiving federal funds. Provides for equal access to
participation in school, afterschool, childcare,
extracurriculars.
Key Laws that Protect
Education Rights of Children
in Foster Care w/Disabilities
• NCLB: No Child Left Behind:
• Requires highly qualified teachers, teaching to standards,
tracking of annual performance, provides rights to students
in failing schools, requires school districts to take specific
steps to address school performance issues.
• FERPA: Federal Education Rights Privacy Act (FERPA):
Ensures parent/ed rights holder access to Education
Records within 5 calendar days of request, protects against
unauthorized information sharing
Key Laws that Protect Foster
Children with Disabilities
California Specific Laws:
•
AB 490: Foster Children and Education Access
•
Hughes Bill: Education, Addressing Serious Behavior Issues for
Children with Disabilities*. NOTE: Behavioral difficulties even for
“bright” children can create spec ed or 504 needs!
•
AB 3632: Bringing County Mental Health or California Children’s
Services into Special Education Program via Interagency
Agreements (Can come in for children in preschool if needed!)
*If a child in your care/caseload is subjected to RESTRAINT or
SECLUSION, CALL DREDF!
IDEA—The Special
Education Law
Part B for children ages 3 until the 22nd birthday (or
diploma)—
Access Point: SCHOOL DISTRICT Special Education Office
• Emphasis: Providing FAPE (Free and Appropriate Public Education)
in Least Restrictive Environment by individualizing the education
program using an IEP (Individualized Education Program)
• Getting Help: Parent Training and Information Centers (see
resources)
• Special note: Transition Planning is Required, but often not
coordinated with Child Welfare Planning!
• Anyone can refer a child—Ed rights holder must consent to
services
• Procedural safeguards give parents/ed rights holder avenues to
disagree and work out problems.
IDEA (Special Education)
PART C: Infants and Toddlers under Age 3
Early Intervention Services
Access Point: REGIONAL CENTERS/DDS Early Start
Programs (WITH EXCEPTIONS).
• Emphasis: Providing Early Intervening Services for children with,
or at risk of, developmental disabilities (some children will stay on
as Regional Center Clients after age 3, if they meet DDS criteria).
• Recent changes to eligibility mean higher bar, and sometimes
waiting for “delay” to get large enough. Identify risk factors
clearly (prenatal exposure, birth difficulties, early trauma)
IDEA
PART C: Early Intervening Services
California Early Start:
Teams of service coordinators, healthcare providers, early intervention
specialists, therapists, and parent resource specialists evaluate and
assess an infant or toddler and provide appropriate early intervention
services to children eligible for California's Early Intervention system.
IMPORTANT: IDEA 2004 specifies that ALL foster children under 3 be
referred to Department of Developmental Services/Regional Centers!
Screening “may” be appropriate, but should include review of all
relevant information. Phone dismissals NOT sufficient. Parent,
Physician, CWW can refer—but Ed Rights Holder must consent to
service.
SPECIAL NOTE: Effective July 2009, eligibility for Early start is more
restrictive, but children can still qualify for “prevention plan” services.
See: www.dds.ca.gov/.../PreventionProgramPolicies_Procedures09.pdf
IDEA
PART C: Getting Help
Local Regional Centers:
The Early Start Central Directory of Early
Intervention Resources is a comprehensive resource for parents, family members,
service providers, and members of the public that provides information on the
early intervention resources available in California by county.
http://www.dds.ca.gov/EarlyStart/Home.cfm
Family Resource Center Network (FRCs):
http://www.dds.ca.gov/EarlyStart/FamilyResources.cfm
Problems with Regional Center Decision? Call the Client’s
Rights Advocate (CRA)
http://www.dds.ca.gov/ConsumerCorner/Advocacy.cfm
IDEA
Transition from Part C to
Part B Services
• Important: Children transition from Part C to Part B at 3rd
birthday, and process and timeline is legally defined. School
District must assess to see if eligible for services.
• At least 6 months before child will turn 3, transition
process should begin.
• Key: Do not wait until Child starts elementary school to ask
School District to Assess! Ages 3-5 are critical times in
which to intervene and support!
*TIP: Any dependent turning 3, whether regional center
client or not, with disability or suspected disability/delay
should be referred to School District for assessment—see
DREDF sample letter to request assessment. Eligibility also
means access to preschool, services AT NO COST TO
FAMILY.
Disproportionality:
The Over-identification Issue
• Great concern over identification of larger
numbers of children of color, poor children, foster
and homeless children in special education.
• IDEA is intended to keep children in their “Least
Restrictive Environments”, not provide a way to
eject students from school!
• Without identification of needs, result is often
school exclusion, school failure, and failure to
progress.
• Identification is NOT the issue—LRE is the issue!
Disproportionality:
The Over-identification Issue
• Do NOT let SST (Student Study Team)
meetings delay process of assessment—
these can be done together.
• A 504 plan is NOT a consolation prize—it is
a powerful tool to level the playing field
for many students.
• For some, early identification results in
LESS need for special education LATER!
Disproportionality:
The Over-identification Issue
• Under IDEA, School Districts are required to
locate and identify all children with disabilities in
their area.
• Failure to Assess a Child may be a Child Find
violation (Complaint can be filed)
• This includes identifying students eligible under
504 as appropriate.
• Children in foster care often NOT assessed
because history is held against them (lack of
progress attributed to frequent school changes,
attendance, etc, or no one initiates referral for
assessment).
Removing Barriers:
What Can We Do?
• Ensure that all stakeholders (foster parent, CASA’s,
Dependency attorneys, Public Health Nurses, Kin Caregivers)
receive training on Special Education/disability in a hands on,
user friendly way that fits their ROLE!
• Connect these to resources in their area (FRN’s, PTI’s,
Foster Care Liasons, etc)
• Provide sample letters, documents
• Emphasize LRE
• Present resources, not judgements! Birth parents often see
referral as indictment of them—emphasize that goal is to
access SERVICES, provide HELP!
• Connect stress of caring for child with unidentified/
unaddressed special needs TO risk of
abuse/neglect/dependency
Removing Barriers:
What Can We Do?
• Update Health & Education Passports frequently (critical for
students with a 504 plan, with a Medical management Plan
(eg diabetes, asthma)—PUT education, incl. preschool info,
in!
• Encourage caregivers to have children assessed EARLY—
Early intervention works!
• IDENTIFY who holds Education Rights at every placement.
Foster Parents can act as Parents for Education purposes—
BUT consider if this is appropriate—every change of
placement then means new advocate comes into play!
• Encourage caregivers to complete Caregiver affidavits for
court—teaches them to document concerns/issues re:
education and brings education issues into status hearings.
Removing Barriers: What Can
We Do?
• Remember that children in foster care
have a right to privacy! Sharing
information needs to be sensitive to this.
• Provide essential information (assessments,
medical reports) to School District—but
REDACT information not relevant to
Education Needs!
Removing Barriers: What Can
We Do?
• Utilize existing laws and processes
-If behavior is an ongoing, serious concern, ask for a behavior
assessment compliant with the Hughes Bill (Behavior can be
shaped, modifed and changed using positive behavior support
plans!)
-If child has mental health needs (does NOT have to be
identified as Emotionally Disturbed—just have an IEP), ask
for AB3632 referral to County Mental Health.
If not eligible for Special Education, ask if eligible for a 504
plan (removes barriers in general ed)
Use caregiver affidavits, court reports to make courts aware
of what is happening on the education side!
We need everybody at the table, and every tool in our toolkit!
Educational Planning, IEP’s
and 504 Plans Must Build In
Accountability
• It is NOT sufficient to identify a need.
• A need MUST include a plan for ensuring
that it is met!
• Individuals and/or Agencies must be
identified as responsible for action
components, and participate in the process.
Essential Protections:
AB 490
• Mandates that educators, school
personnel, social workers, probation
officers, caregivers, advocates, and
juvenile court officers all work
together to serve the educational
needs of children in foster care.
EC 48850(a)
Using AB 490 “on the ground”
• If concerned about a recently placed child’s
educational progress, Ed Rights holder should
ORDER RECORDS (5 Day rule). Check to see if
current school has received records from previous
school (including BOTH Special Education if
applicable, and Cumulative File).
• Often, SST’s and progress reports have not
considered child’s previous performance.
• Note: If Child has IEP or 504 plan, comparable
program must be implemented immediately (no
delay).
AB 490: Implementation
• USE the Foster Youth Liason for the
school, and go to County Contact if no
response.
• Exp: A child comes into your care or
caseload, and school won’t enroll without
immunization records, or paid library fines.
• See resources for list of all AB490 county
contacts
• Elizabeth Tarango: FYS Alameda County is:
lizt@acoe.org
Special Note: Children placed
out of County
• Educate caregiver about the issues
here
• Adoption Assistance in county where
made dependent is responsible for
AB3632 for exp.
• Access to some county mental health
programs via school/IEP can be
tricky—call DREDF if problems arise!
Advocacy Essentials
DOCUMENTATION RULE OF THUMB:
“If it was never written, it was never said and will never be
done.”
• Work out problems at the local level through
letter WRITING.
See www.wrightslaw.com “Letter to a Stranger”
• Make requests IN WRITING.
• Expect responses IN WRITING (PWN).
• Expect Timelines to be met.
Tip: Send letters with proof of delivery
• Document conversations and calls.
Date, time, who, title, contact info,
what was discussed, what is understood,
what is the expected result.
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IEP Advocacy Essentials
The Clock is Ticking…
IEP key timelines: ALL CALENDAR DAYS
15 days to assessment plan or refusal via PWN from date School District
receives assessment request for ANYONE
15 days for ed rights holder to sign plan
60 days to complete assessment and hold first IEP meeting
30 days after receipt of Ed Rights Holder written request to have IEP
follow up
Services start IMMEDIATELY after IEP is signed—no waiting lists allowed.
5 days after receipt of written request to provide records (if can’t pay for
copies, say so, district must provide FREE)
Immediate enrollment (NO DELAY) for foster children in school
Behavior emergency w/restraint, serious requires 24 hour notice to
“parent” and 48 hour IEP or documentation of why not under HUGHES BILL
AB3632 assessment is 50 days from date of signed assessment plan
Annual IEP to report on progress
Triannual (every three years) complete reassessment unless documented
why not required.
For a copy of today’s
PowerPoint presentation and
links to additional resources,
visit the DREDF website at
http://www.dredf.org/special_
education/trainings.shtml
•A network of Parent Training & Information (PTI) Centers is
available for every county across the country. PTI’s provide
technical assistance and training to parents/guardians of
children with disabilities, and professionals who serve these
students and their families. Here is a list by region/state:
•http://www.taalliance.org/ptidirectory/pclist.asp
•Contact DREDF at:
•
Phone
•
Toll Free
•
Fax
Email
Website
510.644.2555
800.348.4232
510.841.8645
iephelp@dredf.org
www.dredf.org