Navigating Rough Waters: Addressing the Transition Needs of Foster Youth with Disabilities

1. Navigating Rough Waters: Addressing the Transition Needs of Foster Youth with Disabilities in School

2. Cheryl A. Theis, Director Foster Youth with Disabilities in Transition (FYDT) Clearinghouse Project May 4th, 2009

3. ABOUT DREDF • Who we are: Founded in 1979, DREDF is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. • Our Mission To advance the civil and human rights of people with disabilities through legal advocacy, training, education, public policy and legislative development. • Our Vision A just world where all people, with and without disabilities, live full and independent lives free of discrimination.

4. The FYDT Project: Foster Youth with Disabilities in Transition Clearinghouse is: • a unique project focused on raising awareness and improving outcomes for this vulnerable population in California. • funded by the CA Department of Rehabilitation

5. The FYDT Project: FYDT seeks to identify: • Systemic challenges and barriers that prevent access to necessary services, supports, and legal protections, and/or that interfere with a young person’s ability to benefit from them; AND • Agencies, Community based efforts, Interventions, Support Strategies, Legislative efforts that address these.

6. The FYDT Project: Key Activities: • Trainings to stakeholders in foster care, disability and education on appropriate Youth Centered Planning • Technical assistance • Information Dissemination: Materials & Resources linked to DREDF website - Key agencies and supports links - Model documents, sample letters, IEP’s & 504 Plans - Advocacy information - Existing training and post secondary programs - Financial aid information - Disability specific links - Child Welfare specific links - Links to legal rights, education and policy briefs - Links to current legislative efforts

7. Current State of Affairs:Barriers to Success for Foster Youth

8. Foster Youth with Disabilities face unique & daunting challenges WHAT WE KNOW: • Children who have consistent, knowledgeable advocates are most likely to receive appropriate services and supports. • AlmostHALF of Foster Youth have identified special education needs, a number that is probably LOW. • Involved, committed parents often struggle to navigate the special education system and secure effective individualized plans for their children…

9. Foster Youth with Disabilities face unique & 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.

10. Key Principles of IDEA: FAPE, IEP and LRE SPECIAL EDUCATION IS NOT A PLACE! • It is a METHOD through which an eligible student age 3 up to 22 is provided with a Free and Appropriate Public Education (FAPE) individualized to his/her unique needs in the Least Restrictive Environment (LRE). • FAPE is provided through an Individualized Education Plan (IEP) of specialized instruction, services and supports based on a student’s individual needs that includes placement considerations. ONE SIZE DOES NOT FIT ALL! KEY to addressing disproportionality concerns.

11. Special Education is about Inclusion, not Segregation • Start with the classroom and school every other child in the district of same age and locality might attend. Consider how to specialize education there first with supports and services. • Consider other options ONLY if this placement cannot meet students needs given the supports. • Cost of services and supports may not limit consideration of supports necessary to inclusion. • Living in a group home does not make that the appropriate placement!

12. [34 CFR 300.43 (a)] [20 U.S.C. 1401(34)] How does the Law define Transition Services? “Transition Services” in IDEA means a coordinated set of activities for a child with a disability that is: • Designed as a measurable, results-oriented process. • Focused on improving the academic and functional achievement to facilitate the child’s movement from school to post-school activities. • Based on the individual child’s needs, taking into account child’s strengths, preferences, & interests. • Comprehensive and includes instruction, related services, community experiences, employment development and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.

13. Despite Good Intentions:the System can be the PROBLEM • Children in Foster Care often experience numerous changes in placement and schools. This leads to loss of relationships, credits, and delays in enrollment and academic progress. • Lines of responsibility and accountability are unclear. • Schools & Child Welfare Agencies do not coordinate efforts or share information. A particular school or teacher may not know that a child is in Foster Care. The court may not know that a child is struggling in school.

14. Child Find / Identification Issues In the San Francisco Bay Area, 68% of school age children in Foster Care who were reviewed were identified as having special needs. Yet only 36% were receiving Special Education services.

15. Child Find / Identification Issues • Foster Youth come into care because of significant difficulties likely to result in emotional, behavioral or learning difficulties. • Foster Youth are often not referred for special education eligibility assessment, or are assessed ONLY after the situation escalates into a crisis. • There are strong systemic disincentives to qualify older Youth for services.Yet without identification, no access to Transition Planning or extended participation in school up to age 22 is possible for this population with the weakest social safety net…

16. Child Find / Identification Issues • Lack of an Effective Advocate may limit Procedural Safeguards, such as: Independent assessments by specialized evaluators (behaviorists, neuropsychologists, developmental pediatricians, etc.) that could ultimately identify a child with a disability. • Children who are NOT identified often continue to struggle. They are more likely to: - be retained- leave school prematurely, or - be subject to expulsion if learning challenges play out behaviorally…

17. Child Find / Identification Issues EVERY TIME A CHILD: • Is moved into a more restrictive setting, • Experiences a change in placement because of unmet disability needs, • Is punished for a problem he or she has no tools to handle, • Does not receive the support & care needed to succeed, THAT CHILD EXPERIENCES ANOTHER FAILURE AND LOSS REPEATED OCCURRENCES MAY ULTIMATELY INTERFERE WITH ADULT FUNCTIONING, AT A HIGH COST TO THE INDIVIDUAL, COMMUNITY AND SOCIETY.

18. Effect of Multiple Placements • Children who experience multiple Foster Care placements and who needed Special Education are 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!

19. Foster Youth with Disabilities often receive a lower level of Special Education Services In a comparison of Foster Youth receiving Special Education to youth receiving Special Education but NOT in Foster Care,* researchers found that: • Education and Transition Plans of Foster Youth were lower in quality. • Transition Plans of Foster Youth were HALF as likely to contain post-secondary education goals. (31% vs. 60%) • Foster Youth were less likely to have an advocate at the IEP meeting (42% vs. 69%).* (Greenen & Powers, 2006, pp. 9-11)

20. High School Completion Issues • Predictors of not receiving a traditional diploma, according to the EPE Research Center, are: • Repeating a grade • Changing schools • Behavior problems • 58% of Foster Youth had a High School degree at age 19, compared to 87% of their same age peers in a comparable national sample.

21. Transition Plans: What’s Missing? Key findings of the 2004 Fostering Futures Project (OHSU) indicate that Transition Plans of Foster Youth generally: • Are poor in quality. • Do not reflect the requirements of IDEA. • Do not reflect effective practices. • Were less likely* to include goals for post-secondary education. (Only 31% of plans had a goal in this area.) … *compared to Youth with IEPs only

22. Transition Plans: What’s Missing? • Were less likely* to include goals for developing independent living skills. (Only 16% of plans had a goal in this area.) • Had significantly fewer goals overall.*(20% of plans had NO Measurable Post Secondary Goals. (MPSG) • Often had no plan for how to reach goals.(32% of Transition Goals had no accompanying action steps in the plan.) • Had less advocate involvement.*(Less than 50% IEP/TP participation by a family member, Foster Parent or Educational Surrogate.)*compared to Youth with IEPs only

23. Transition Plans: What’s Missing? • Caseworkers were typically absent. (Only 31% of IEP/TP plans provided any indication that the caseworker had attended the meeting.) • Often caseworkers and families were listed as responsible for Transition Plan activities even though they had never attended the IEP/TP meeting. • Typically plans listed Student responsible for working on Transition Goals, often with little or no support from others. (22% of plans listed Student as the sole person responsible for implementing the goals.)

24. Transition Plans: What’s Missing? • Lacked a specific timeline for goal completion.(Only 7% of goals identified a specific target date.) • Rarely described effective practices known to promote successful Transition outcomes (such as training around self determination, person-centered or career planning, extra-curricular activities, mentoring, individualized financial support education.)

25. Transition Plans: What’s Missing? • Did not focus on career development. Work experience, when described at all, was typically: - segregated - disability stereotypical - inconsistent with the Student’s employment or life goals

26. Transition Plans: What’s Missing? • Revealed little understanding or acknowledgement of Foster Care issues. ( 0% of plans referenced Transition Planning that occurs through Child Welfare. - Indeed, several Foster Youth had 2 separate Transition Plans! -Comparison between the Special Education and FCIA Transition Plans revealed little overlap.

27. Transition Plans: What’s Missing? • No Acknowledgement of Student’s upcoming Emancipation from Child Welfare: (Only 7% of plans contained ANY discussion about a student’s emancipation although more than half would turn 18 before the next IEP meeting.) • Schools failed to invite the Student’s caseworker to the IEP/TP meeting. (Over 50% were lacking.) • Lacked reference to Independent Living Programs. (Less than 25% of the plans.)

28. Changing Course: Issues & Strategies

29. Key Consideration: • REMEMBER!Getting a child help at school can be a primary determinant of whether: • a parent is able to reunify • a family member can step in, or • an adoption or other permanent plan is successful. • Almost 70% of adoption failures are related to a child’s disability!

30. Foster Youth Need Consistent, Effective Advocates • IDEA presumes and depends on Parental involvement and advocacy. • Foster Parents may be appointed by default, but changes in placement mean changes in surrogate. • Ask: “Who can provide this support OVER TIME?” • Direct parents and potential advocates to TRAINING to increase their effectiveness!

31. Parent Education Rights • School District must assign a “Surrogate Parent” to make Special Education and related decisions for the child when: • The natural parents hold educational rights but are not available [OR] • The court limited parents’ educational rights, but cannot identify an educational representative. (School District should receive court order.)

32. Parent Education Rights • Foster Parents, relative caregivers or Court Appointed Special Advocates (CASAs) should be appointed the Surrogate Parent, if available. • The Surrogate Parent cannot have a conflict of interest. For example: cannot be an employee of the School District, County Social Services or Probation.

33. The Individualized Transition PLAN (ITP) Meeting

34. ITP Meeting: Preparation Prior to any IEP or 504 Meeting for a Youth age 14 or Older: • Identify that this student is a Foster Youth. • Identify all advocates/agencies involved: - CASA - DDS caseworker - Attorney - County Mental Health/therapist - Child Welfare Worker/ILSP staff • IMPORTANT! ASK YOUTH WHO THEY WANT TO COME! • Notice all invitees at least 2 weeks prior to the meeting IN WRITING

35. Interagency Collaboration is Essential for Foster Youth! 2007 evaluation by National Secondary Transition Technical Assistance Center (NSTTAC) found: • Over 86% of the states reviewed had NOCONSENT from Parent/Student to invite other agencies to the meeting. • Our experience at DREDF, with other stakeholders in Foster Care advocacy, suggests Interagency Collaboration is the exception, not the rule.

36. Interagency Collaboration is Essential for Foster Youth! It is critical that the School District invite (with adequate notice) other agencies who ARE or MAY need to be involved: • Child Welfare Caseworker • Court Appointed Special Advocate (CASA) • Department of Rehabilitation (DOR) • Centers for Independent Living (CIL) • Dependency Attorney • Independent Living Skills Program Worker (ILSP) • Group Home or Foster Family Support Agency Counselor or Social Worker…

37. Interagency Collaboration is Essential for Foster Youth! • Department of Developmental Services (DDS/Regional Center) caseworker • School District Foster Youth Liaison (where applicable) • Workability Staff/Job Coaching program • Housing Program staff • Vocational Assessment professional • Health Care Coordinators / Social Workers / Therapists • Any other Agency or individuals that may be responsible for input or delivery of plan services.

38. Interagency Collaboration is Essential for Foster Youth! IMPORTANT NOTE: When working in support of a Foster Youth in transition, if you identify a necessary agency or individual: • Initiate that invitation by contacting School District in writing to ask that they be included. • Provide contact information directly.

39. What if stakeholders aren’t available? • IEP meetings must be held at a “Mutually Agreeable” time and place. If key team members are not available, RESCHEDULE or conference call in. • If presence is impossible, ask for documentation/input in written form.

40. Interagency Coordination: Key Contact: Foster Youth Services Every CA county has a Foster Youth Services (FYS) program AND every school district has a “Foster Youth Liaison.” These programs can: • Provide support services to foster children • Ensure that health and school records are obtained to establish appropriate placements, • Coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. • Increase stability of placements for foster children. Services are designed to improve children's educational performance and personal achievement.

41. Interagency Collaboration is Essential for Foster Youth! Identify key supports by asking YOUTH themselves who they might want to speak on their behalf or support them in a meeting: • Spiritual/Religious support system • Informal or formal kin care network • Friend/mentor/teacher/tutor Encourage and ASSIST youth in inviting these key supports! MODEL THE ADVOCACY SKILLS YOU WANT YOUTH TO ACQUIRE!

42. During the ITP Meeting: • REMEMBER: MEASURABLE POST-SECONDARY GOALSbased on QUALITY ASSESSMENTSin ALL AREAS OF FUNCTIONING are what drive SERVICES. • ACCOUNTABILITY IS KEY:Never assign responsibility to a person or Agency not present to ACCEPT and UNDERSTAND what is needed! • ASK:“What tools, modifications/accommodations, services, and relationships will support Youth in meeting this goal?”…

43. During the ITP Meeting: • INVOLVE YOUTH IN ANY WAY FEASIBLE.BUT DO NOT MAKE THE YOUTH INDEPENDENTLY RESPONSIBLE FOR ACHIEVING HIS OR HER OWN GOALS!!!

44. Issues to Consider: What Transition Services are Necessary to Achieve Goals?

45. IEP Transition Servicesmay include… • Instruction- classes or courses student must complete to reach his/her goals. • Related Services- services necessary for student to benefit from special education. Examples: speech, occupational therapy, orientation and mobility, driver’s training, counseling…

46. IEP Transition Servicesmay include… • Community experiencesExamples: learning to use transportation, getting a driver’s license, shopping and cooking, voting… • Employment development and other post-school adult objectives–services that lead to a job as well as adult activities such as doing taxes or registering to vote.

47. IEP Transition Servicesmay include… • Daily Living Skills– learning skills of everyday activities, provided by school or other agencies. Examples: preparing meals, budgeting, paying bills,maintaining a home, and self care. • Functional Vocational Evaluation- practical assessment to determine vocational interests, aptitudes or skills, gathered though situational assessments, observations or formal measures.

48. IEP Transition Servicesmay include… • Outside Agencies- Involvement/identification of outside agencies such as Department of Rehabilitation, Independent Living Centers, etc. • Post-Secondary Education– Classes in Adult Ed, Community College, Vocational Training, Connecting with Guardian Scholars programs, etc.

49. Transition Plans: Must Build 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.

50. Transition Plan Accountability NOT:“Deb will investigate college choices on the internet.” BUT: “College counselor (or Child Welfare Worker, or CASA — make sure individual was present at meeting and agreed to this) will take Deb to visit a Community College and 4 year College to visit classes, meet with Disabled Student Programs & Services (DSPS), Guardian Scholars, Financial Aid and Admissions staff. This will be completed no later than October 1st of Deb’s senior year, to ensure that she can meet application deadlines.