Navigating the Systems to Support

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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)
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Course Objectives

• Introduce laws that provide educational support
  and access for children in foster care
• Identify barriers that can interfere with a
  childs access to these
• Discuss advocacy strategies and resources that
  improve outcomes and remove barriers

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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)

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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

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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.

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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.

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Despite Good Intentionsthe 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. .

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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

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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 connections
  and permanency

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What We Dont 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"

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What We Do Know

• All experts agree that there is a significant
  need to train foster parents, Child Welfare
  Workers, CASAs, 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.

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Unaddressed Learning Needs Cost Us ALL

• 70 of Californias 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!

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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.

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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!

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Impact Changes of Placement

• Numerous placement changes are associated with
• Problems in childrens 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

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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 Califoriais
  Performance and Practices to Improve Outcomes,
  presented to The Leadership Symposia on
  Evidence-Based Practice in Human Services,
  January 30, 2009, San Diego, CA)

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Laws What we need to know

• There are many laws that protect children
• We do not have to know them allwe 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!

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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.

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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

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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 Childrens Services into Special
  Education Program via Interagency Agreements (Can
  come in for children in preschool if needed!)

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IDEAThe 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 childEd right holder must
  consent to services

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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)

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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 referbut Ed Rights Holder
  must consent to service.

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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.c
  fm
• Clients Rights Advocate (Regional Centers)
  http//www.dds.ca.gov/ConsumerCorner/Advocacy.cfm

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IDEATransition 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!

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DisproportionalityThe 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 issueLRE is the issue!

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DisproportionalityThe 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).

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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
  (FRNs, PTIs, Foster Care Liasons, etc)
• Provide sample letters, documents
• Emphasize LRE
• Present resources, not judgements!

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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
  EARLYEarly intervention works!
• IDENTIFY who holds Education Rights at every
  placement. Foster Parents can act as Parents for
  Education purposesBUT consider if this is
  appropriateevery change of placement then means
  new advocate comes into play!

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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 Districtbut REDACT
  information not relevant to Education Needs!

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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 Disturbedjust
  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!

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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.

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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
  processEncourage 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 plansee Resources for CA
  contacts!
• IEP meetings must be held at MUTUALLY AGREEABLE
  times. If it doesnt work for key player,
  RESCHEDULE!

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Educational Planning, IEPs 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.

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Essential ProtectionsAB 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)

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Using AB 490 on the ground

• If concerned about a recently placed childs
  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, SSTs and progress reports have not
  considered childs previous performance.
• Note if Child has IEP or 504 planmust be
  implemented immediately.

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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 wont enroll without immunization
  records.
• See resources for list of all AB490 county
  contacts

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Advocacy Essentials

• DOCUMENTATION RULE OF THUMBIf 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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For a copy of todays PowerPoint presentation and
links to additional resources, visit the DREDF
website at http//www.dredf.org/special_educatio
n/trainings.shtml
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• A network of Parent Training Information (PTI)
  Centers is available for every county across the
  country. PTIs 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 [phone]
• Toll Free 800.348.4232
• Fax [phone] Email iephelp_at_dredf.org Web
  site www.dredf.org