Confidentiality and Educational Decision Making for Foster Youth with Disabilities

1. Confidentiality and Educational Decision Making for Foster Youth with Disabilities Carmen M. Sanchez Education Program Specialist Office of Special Education and Rehabilitative Services US Department of Education

2. Issues Facing Foster Youth with Disabilities Stability – Changing schools, or remaining at current school, when placement is changed. School records – Ensuring education records are requested and delivered in a timely manner (defined by State). Absences – Recognizing school absences due to placement changes, court appearances or court-ordered activities. 

3. Issues Facing Foster Youth with Disabilities IDEA Evaluation/Assessment – Ensuring assessments or evaluations for IDEA eligibility. Education Rights - Determining who holds educational rights.  Biological parents usually hold educational rights but so may foster parents. Agencies must have a method for determining if a child needs a surrogate parent and assigning a surrogate parent.

4. Issues Facing Foster Youth with Disabilities Transition - Foster youth with disabilities experience two transitions: from special education and from the foster care system.

5. Removing Barriers: What Can We Do? •  Ensure that foster, adoptive parent, court-appointed special advocates, child welfare workers, and kin caregivers receive training on special education and disability in a hands on, user friendly way • Connect everyone to resources in their area • Present resources — emphasize that goal is to access services

6. Parent Training and Information Centers PTI = Parent Training Information Center CPRC = Community Parent Resource Center 75 PTIs serve states or areas within states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands 30 CPRCs serve targeted, underserved communities (including a CPRC serving foster families in Alameda County, CA)

7. Purpose of Parent Training and Information The Individuals with Disabilities Education Act requires the “children with disabilities and their parents receive training and information designed to assist the children in meeting developmental and functional goals and challenging academic achievement goals, and in preparing to lead productive independent adult lives” (IDEA, Title I, Part D, Section 670)

8. Who Do Parent Centers Serve? • Parents of children with disabilities living in the area served by the center • Parents of infant, toddlers, and children with the full range of disabilities • Parents of children who may be inappropriately identified

9. Who Do Parent Centers Serve? • Underserved Parents • Low income parents • Parents of limited English proficient children • Teachers and other professionals

10. Finding a Parent Center: www.parentcenternetwork.org

11. Removing Barriers: What Can We Do? • Identify who holds education rights at every placement. Consider if it’s appropriate to have every change of placement mean a new advocate • Encourage caregivers to complete caregiver affidavits for court • Emphasize the child’s right to a free, appropriate public education in the least restrictive environment

12. Removing Barriers: What Can We Do? • Remember that children have a right to privacy. • Provide essential information (assessments, medical reports) to school district but redact information not relevant to education needs

13. Removing Barriers: Utilizing Existing Laws and Processes • Have children assessed early…early intervention works! • Consider mental health needs and refer accordingly. • If child is not eligible for Special Education, ask if eligible for a 504 Plan to remove barriers in the regular classroom.

14. idea.ed.gov

15. Thank You! Carmen Sanchez 202-245-6595 carmen.sanchez@ed.gov