Educational Placements: The Right School for Every Child

1. Educational Placements: The Right School for Every Child Juvenile Law Center Education Law Center - PA

2. Overview of Presentation • Why Education Matters • Promoting Educational Success • School District Responsibilities and Expectations • Placement Responsibilities and Expectations

3. Education: Why It Matters Children in care are in educational crisis: 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.

4. Promoting School Success • Staying in the same school • Attending the right school • Finding the right program • Getting needed services

5. 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.

6. 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?

7. 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)

8. School Placement Children awaiting foster care placementhave right to: Remain in school of origin when in child’s best interest Immediate enrollment Transportation Comparable services Right to Appeal (McKinney-Vento Act)

9. School Placement • Child welfare agency must coordinate with LEA to ensure child remains in same school where he was enrolled at time of placement • 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)

10. 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.

11. Case Study Questions • Where should Patrick go to school • What laws apply?

12. 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

13. Right to Education for Students in Institutions • Children’s institutions include: • 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

14. 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

15. Obligations of Host School District • ARE RESPONSIBLE for educating ALL students in those children’s institutions until • 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

16. 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.

17. Case Study - questions • What should the facility provide to promote his educational success? • What responsibility does the host school district have?

18. Keys to Success for Educating Children On-Site • 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

19. 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.

20. 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.

21. Case Study – Questions • What enrollment documents does he need? • What obligations does the provider have with regard to his education?

22. 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”)

23. 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.

24. 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?

25. 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: • 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).

26. 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). 

27. 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.

28. 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.)

29. 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?

30. 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. • If child may be eligible, contact the child’s parent to initiate evaluation procedures. • If child may need to be educated somewhere else, initiate evaluation procedures.

31. 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

32. 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.

33. 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.

34. Educational Needs Checklist • 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

35. Special Education Checklist • 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 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?

36. 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

37. Contact Us • Jessica Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, PA 19107 Phone: 215-625-0551 ext. 116 jfeierman@jlc.org • Maura McInerney Education Law Center 1315 Walnut Street, 4th Floor Philadelphia, PA 19107-4717 Phone: 215-238-6970 ext 316 mmcinerney@elc-pa.org