Educational Advocacy

1. Educational Advocacy GAL 30th Anniversary Conference October 8, 2013

2. TYPES OF PLANS Individualized Education Plan 504 Plans Personalized Education Plans

3. AT-RISK FOR FAILURE • The State must identify “at risk” students, including 4 year olds, and provide them with extra supports and interventions, such as tutoring, so they can avail themselves of these rights. • Students “at risk” of academic failure have a right to a written Personal Education Program (PEP) • “at risk” = level I or II on EOG/EOC, failing grades, absences, suspensions

4. Rights of “At Risk” Students • School administrators shall give notice of the PEP and a copy of the PEP to the student’s parent/guardian. Parent should be included in the implementation and ongoing review of PEP’s. • PEP must include: • Diagnostic evaluation • Intervention Strategies (mentoring, tutoring, summer school, smaller classes, modified instruction) • Monitoring Strategies

5. CHILD FIND • Child find requires school districts to identify, locate, and evaluate all children with disabilities. • Typically results in either: • an IEP • or a 504 Plan

6. 504 Plans: Who is Protected? • Students who: • have a disability • have a record of a disability • are regarded as having a disability AND • disability substantially limits one or more major life activities but does not require special education services

7. What does a 504 Plan do? • Allows a child with a disability to receive accommodations and modifications that are not available to non-disabled children, such as: • Extended time to complete tests or assignments • Preferential seating • Assignment modifications • Does not allow for specially designed instruction or a continuum of placements • Services/Protections are NOT as broad as those provided under IDEA, but still entitled to special hearing to determine if suspension is related to disability

8. IEP’S: Who is Eligible • Intellectual disability • Developmental delay • Multiple disabilities • Hearing impairments (including deafness) • Speech or language impairment • Visual impairments (including blindness) • Serious Emotional Disability • Orthopedic impairment • Autism • Traumatic brain injury • Specific learning disability • Other health impairment

9. IEP OVERVIEW • Eligibility Process • Referral • Evaluation • Eligibility Determination and Develop IEP • Service Delivery • FAPE and LRE • IEP Components • Monitoring • School Discipline • Manifestation Determination Review (MDR) • FBA/BIP • Advocacy

10. IEP: Referral/Request for Evaluation • When a teacher, parent, or other involved person recognizes that a child's educational needs are not being met, he/she will provide in writing the reason for referral, addressing the specific presenting problems and the child's current strengths and weaknesses or needs. This referral shall be given to the principal of the school, the child's teacher or other school professional • School must obtain informed parental consent before evaluating and again before providing special education services • School must assess in all areas of suspected disability (academic, behavioral/social, communication, daily living) • Evaluation and eligibility determination must be completed within 90 calendar days

11. IEP Process • Ongoing review; updated annually; re-evaluations every 3 years • Right to a free independent evaluation if disagree with school’s evaluation • Eligibility— 1. Has physical or mental disability that interferes with learning, AND 2. Needs special education to make educational progress.

12. Who is part of the IEP team? • Parent • regular education teacher • special education teacher • representative from the school district (LEA Rep) • someone who can interpret assessment results • the child if appropriate, • anyone else with knowledge or special expertise regarding the child.

13. Who is the “parent” on IEP team? • Biological or adoptive parent; even if in DSS custody, biological parent holds IEP rights unless parental rights are terminated • Foster parent (excluding therapeutic foster parent) • A court-appointed guardian (excluding DSS) • A Relative care-taker with whom the child lives • A Surrogate Parent appointed by the school when no “parent” can be identified • A Court-Appointed “Parent” to make educational decisions on behalf of a child

14. Least Restrictive Environment • To the maximum extent appropriate, children with disabilities shall be educated with children who are not disabled. • Continuum of placement options: • Inclusion classes • Resource • Separate Classes • Separate Schools • Home/hospital instruction

15. FAPE • Free and Appropriate Public Education: IEP must provide the specialized instruction and related services necessary to allow the student to make reasonable educational progress • Required Components: • Area of Eligibility • Present levels of academic and functional performance • Annual, measurable goals • Program modifications or accommodations • Related services • What, Why and How Special Ed will be delivered

16. IEP: Related Services • Transportation and any developmental, corrective, or supportive service that is necessary to help the student benefit from special education • Examples: • Speech-language therapy • Occupational therapy • Orientation and mobility • Physical therapy • Psychological services

17. Key Questions to ask: • Will the IEP actually help the child where he/she is struggling? • Are the goals/services different from previous years’ IEPs? • How is the special education “specially designed” to meet the child’s needs? • What is the child’s setting?

18. SCHOOL DISCIPLINE

19. Manifestation Determination Reviews /Long-Term Suspensions • Suspension from school for more than 10 cumulative days is a change in placement • Triggers a Manifestation Determination Review (MDR) which must be held within 10 school days • The IEP Team must consider whether the conduct that caused the suspension: • Was caused by, or had a direct and substantial relationship to, the child’s disability; or • Was the direct result of the LEA’s failure to implement the IEP.

20. Outcome of MDR • If the answer to these questions is NO, the child may be disciplined like other students, but the student remains eligible for FAPE. • If the answer to either question is YES, the suspension must end and the student must return to school • The school must complete: • A Functional Behavior Assessment (FBA) • A Behavior Intervention Plan (BIP)

21. McKinney-Vento Homelessness Assistance Act • Federal law that entitles children who are homeless to a free, appropriate public education • Requires schools to remove barriers to their enrollment, attendance, and success in school (must provide transportation) • Protects all students who do not have a fixed, regular and adequate residence, such as: • Housing with other families/friends • Runaway/homeless youth shelters • Hotels/motels • Shelters • Car/campground • Awaiting foster care placement

22. McKinney Vento Protections • Designated homeless education coordinator for every school district • Schools must immediately enroll students even if they do not have proof of residency, immunization, or other records • Right to remain in school of origin even if move out of district • Transportation provided even if temporarily residing out of district

23. Advocacy Tips • Put it in writing! • Get copies of all documents before you leave and if needed, ask for a few days to review before signing • Remember the “I” in IEP stands for “INDIVIDUALIZED” • Significance of “Parent Concerns” • If it isn’t written into the IEP, then assume it isn’t going to happen • Remember the school is only required to offer what is “appropriate”, not what is best so be sure to use the right language!

24. Fostering Connections Act An Overview

25. Procedures Agreed Upon by CMS & DSSChildren in Foster Care Who Do Receive McKinney-Vento Services • Children are eligible for McKinney-Vento services if they are “homeless,” as defined by federal law. • Children in foster care are not eligible for McKinney-Vento services merely because they are in foster care. • Being in foster care is not considered “homelessness” under federal law.

26. Procedures Agreed Upon by CMS & DSSChildren in Foster Care Who Do Receive McKinney-Vento Services • There may be some foster children in CMS who receive McKinney-Vento services because: • They may be awaiting a foster care placement (children awaiting a foster care placement are eligible for McKinney-Vento services); or • They may have been homeless and deemed eligible for McKinney-Vento services before being placed into foster care.

27. Procedures Agreed Upon by CMS & DSSChildren in Foster Care Who Do Receive McKinney-Vento Services As provided by federal law, children (including those who later come into foster care) who become eligible for McKinney-Vento services at any point in a school year may keep those services until the end of the school year, even if they cease to be homeless.

28. Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) The Fostering Connections to Success and Increasing Adoptions Act (P.L. 110-351) is a federal law that addresses a number of concerns about outcomes for children who have entered foster care placement.

29. FOSTERING CONNECTIONS ACT Six Key Areas The CMS/Schools’ focus is on one, only: Improved educational stability and opportunities for children in foster care.

30. FOSTERING CONNECTIONS ACTWhat does it really say? The child’s case plan must include: (1) Assurances that the child’s placement takes into account the appropriateness of the current education setting and the proximity to the school in which the child was enrolled at the time of the placement;

31. FOSTERING CONNECTIONS ACTWhat does it really say? The child’s case plan must include: (2) An assurance that the state 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; and

32. FOSTERING CONNECTIONS ACTWhat does it really say? The child’s case plan must include: (3) If remaining in the school is not in the child’s best interests, assurances by the state agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school. • In other words, we must avoid creating barriers to enrollment.

33. Procedures Agreed Upon by CMS & DSSChildren in Foster Care Who Do Not Receive McKinney-Vento Services Foster parent lives in a different school zone than the school the child was attending before coming into foster care (typically the home school): • CMS will allow the child to remain in the school through its terminal grade level • Different from CMS student assignment rules

34. Procedures Agreed Upon by CMS & DSSChildren in Foster Care Who Do Not Receive McKinney-Vento Services • CMS does not provide transportation for foster children whose foster care placements are outside the home school area of their attended school. • DSS will arrange for AND pay for this transportation.

35. Local Strategies to Comply with Fostering Connections DSS should establish and maintain a strong relationship with the local school district • In Mecklenburg the school district and DSS have worked together to develop a Memorandum of Understanding to outline how we will meet the school placement needs of children we both serve • A process has been developed locally to execute the intent of the MOU

36. MECKLENBURG PROCESS

37. Local Strategies to Comply with Fostering Connections Make School continuity a strong value in your community agency and develop placement finding processes that support this value • School attendance should always be discussed when looking for placements • Develop local resources and strategies to provide transportation to school • stipends for transportation for DSS foster parents • enhanced rates to private agencies who make transportation available for school

38. Local Strategies to Comply with Fostering Connections School Based Foster Home Recruitment • Know where children come into custody and the schools in the area • Know where you currently have foster homes (public and private) • Target DSS recruitment efforts in the areas with the highest need for foster homes • Share your data with your private providers and challenge them to recruit where your need is (foster home agencies need to provide DSS with the services we need not just what they happen to currently have) • Challenge private foster home agencies to help with transportation

39. Local Strategies to Comply with Fostering Connections Value education continuity for children in foster care as a community.

40. Questions