Navigating the Systems to Support
Foster Children with Developmental Delays
and Disabilities and Improve Education Outcomes
Topic Facilitator:
Cheryl A. Theis. MA
Education Advocate and Director
Foster Youth with Disabilities
in Transition (FYDT)
Course Objectives
• Introduce laws that provide
educational support and access for
children in foster care
• Identify barriers that can interfere
with a child’s access to these
• Discuss advocacy strategies and
resources that improve outcomes and
remove barriers
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, 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”
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 youth.
Despite Good Intentions:
the System(s) can be the PROBLEM
• Children in Foster Care often
experience numerous changes in
placement and schools.
Lines of responsibility and
accountability are unclear.
• Schools & Child Welfare Agencies
do not coordinate efforts or
share information.
.
Risk of Special Educational
Needs:
• Trauma of abuse, neglect, or being
removed from a caregiver may predispose
some children to social or behavioral
difficulties.
• Highest rates of abuse and neglect occur in
infants and toddlers
– 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
High Cost for Missing Needs:
• Children who are NOT identified as needing early
intervention and support continue to struggle.
• More likely to:
- miss developmental milestones
-enter school already behind
-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
• May have placement change at home due to
changes in educational placement, disrupting
What We Don’t Know:
• When asked about the possible benefits of
early intervention services for foster
children: “nearly all of the experts said 'we
don't know who or how many' are assessed,
referred, or receive services."
• “There is no research that assesses the
value and feasibility of expanding eligibility
and access to early intervention services
for all young children in foster care"
What We Do Know:
• All experts agree that there is a
significant need to train foster parents,
Child Welfare Workers, CASA’s,
Dependency Attorneys and Judges and
other stakeholders about effective
advocacy and interventions for children in
foster care, to increase interagency
collaboration, and to focus on providing
connections and stability over time.
Unaddressed Learning Needs
Cost Us ALL
• 70% of California’s inmates were in the foster
care system at one time.
• 42 percent of inmates have an identified
disability.
• 82 percent had indications of specific learning
disabilities
• Only half had been identified in school, without
adequate development of supports and services
• Half had no regular employment prior to
incarceration
• And many never reach their potential and offer
their unique contributions!
Risk Factors for Foster
Children Accessing Education:
• Children in foster care are at high risk of having a
medical, social or behavioral disability. (NSCAW
Study)
• 3 to 7 times more physical and mental problems
and developmental delays as other children.
• More likely to be maltreated by caregivers than
their non-disabled peers.
• Health vulnerabilities and psychological risks can
occur put children at risk though problems may
take time to “show up”.
• The abuse and/or neglect that a child experiences
prior to placement in the foster care system can
create a variety of health challenges.
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
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
From: Foster Care Reentry and Placement Stability Outcomes: Understanding Califoriai’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
• Labels can provide access to service!
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, 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, 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
• 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!)
IDEA—The Special
Education Law
Part B for children ages 3 until the 22nd
birthday (or diploma)—
SCHOOL DISTRICT is Responsible.
• 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 right holder must consent to
services
IDEA (Special Education)
PART C: Infants and Toddlers under Age 3
REGIONAL CENTERS/DDS, ARE RESPONSIBLE
(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.
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 Centers (FRCs):
http://www.dds.ca.gov/EarlyStart/FamilyResources.cfm
Client’s Rights Advocate (Regional Centers):
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!
Disproportionality:
The Over-identification Issue
• There is great concern over the
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”.
• 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
• 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)
• Children in foster care are often NOT
assessed because their history is held
against them (lack of progress attributed
to frequent school changes, attendance,
etc).
Removing Barriers: What Can
We Do?
• Ensure that all foster parent, CASA, CWW
and Kin Care training programs include
training on Special Education in a hands on,
user friendly way.
• Connect above to resources in their county
(FRN’s, PTI’s, Foster Care Liasons, etc)
• Provide sample letters, documents
• Emphasize LRE
• Present resources, not judgements!
Removing Barriers: What Can
We Do?
• Update Education Portion of Health
Education Passports frequently (critical
for students with a 504 plan, for example)
• 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!
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 and changed!)
-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!
Important: Foster Youth
Need Consistent Advocates
• Schools do not understand how the Child
Welfare system works.
• Laws that provide educational rights,
access and nondiscrimination to children in
school presume and depend on Parental
involvement and advocacy.
• Child Welfare depends on reports from
Educators to make decisions but no clear
bridge between institutions
• Foster Parents may be appointed by
default, but changes in placement mean
changes in surrogate.
Interagency Collaboration is
Essential for Foster Youth!
Critical that the School District invite, with adequate notice,
other agencies and persons who ARE or MAY need to be
involved:
• Child Welfare Caseworker (participate by phone!)
• Court Appointed Special Advocate (CASA)
• Biological Parent if Family Reunification is in process—
Encourage Foster/Kin Caregivers to partner with Bio-parents
whenever possible.
•Consider, where appropriate: Free training on Education
Advocacy for Children with Disabilities can be part of a case
plan—see Resources for CA contacts!
•IEP meetings must be held at “MUTUALLY AGREEABLE”
times. If it doesn’t work for key player, RESCHEDULE!
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, 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…must be
implemented immediately.
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.
• See resources for list of all AB490
county contacts
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.
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
school-age 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