Improving Education Outcomes Presented by Florida’s Children First, Inc.

1. Improving Education OutcomesPresented by Florida’s Children First, Inc.

2. Why your efforts are critical • In the 2003-04 school year, 38% of the foster youth changed schools at least once, compared to only 7% of the general population. • For the 2003-04 academic year, Florida’s foster youth had poorer educational outcomes than nonfoster youth in their age group, scoring substantially lower on the FCAT, with less than a quarter performing at grade level in math and reading. • Children in foster care typically do not have an education advocate to enforce the protections of IDEA or challenge unfair disciplinary practices. • OPPAGA found foster youth were 17 times more likely to be homeless than were non-foster youth their same age. • 100 percent of the children have hope and dreams before coming into the dependency system.

3. Highest Educational Attainment Comparing Individuals that Aged out of Foster Care with all children, Test Analysis by DCF, 2007. Aged out of Foster Care All Children With unknowns removed drop outs reflected the largest group for those aging out while a standard diploma was most common result for all children. • All Individuals were born in 1981.

4. Major Problems to Overcome • Despite numerous potential advocates (GALs, foster parents, caseworkers, etc) no strong advocacy. • Confusion about who is education decisionmaker when child is in out of home care. • Delays in information sharing, registration or enrollment impede attendance and progress • Children in foster care are simultaneously over represented and under represented in special education, as well as misidentified by category of impairment. • Lack of training and information among child welfare system professionals on education and special education process and procedures.

5. Education is part of Case Plan – And a Right/Need of the Child: • The case plan must include all available information that is relevant to the child's care including, at a minimum: (a) A description of the identified needs of the child while in care. (b) A description of the plan for ensuring that the child receives safe and proper care and the services to be provided to the child in order to address the child's needs.

6. Education is part of Case Plan – And a Right/Need of the Child: (cont’d) • To the extent available and accessible, the following health, mental health, and education information and records of the child must be attached to the case plan and updated throughout the judicial-review process: 1. The names and addresses of the child's health, mental health, and educational providers; 2. The child's grade-level performance; 3. The child's school record; 4. Assurances that the child's placement takes into account proximity to the school in which the child is enrolled at the time of placement; 5. A record of the child's immunizations; 6. The child's known medical history, including any known problems; 7. The child's medications, if any; and 8. Any other relevant health, mental health, and education information concerning the child.

7. Case Plan – Amendments: • The case plan may be amended at any time in order to change the goal of the plan, employ the use of concurrent planning, add or remove tasks the parent must complete to substantially comply with the plan, provide appropriate services for the child, and update the child's health, mental health, and education records required by s. 39.6012. • The case plan is deemed amended as to the child's health, mental health, and education records required by s. 39.6012 when the child's updated health and education records are filed by the department under s. 39.701(7)(a).

8. Case Planning • Include education information and personnel in case planning for the child, at the time of plan development and plan review. • The case plan must address the education of the child and include any tasks or strategies necessary to enable the child to maximize the attainment of educational goals. • A good case plan includes tasks for parental involvement in the child’s education. Schools have a wealth of knowledge and experience that can be utilized to determine and protect the best interests of the child.

9. Parental Rights and Educational Decision Making • Unless prohibited by court order, parents must make educational decisions for the child. Parental involvement is acknowledged as a contributor to academic success. • Parents should be encouraged to participate in conferences with the student’s teachers and receive information and provide input about grading, attendance, behavior, ESE records, Section 504 rights, and other matters essential to the child’s educational progress.

10. Deny Access Protect Privacy Preserve Dignity Avoid Embarrassment *Adapted from Kathleen McNaught, Confidentiality Myths Grant Access Protect child Ensure child receives appropriate services and education Support collaboration between agencies Information SharingCompeting Tensions*

11. FERPA Family Educational Rights and Privacy Act 20 U.S.C. § 1233g; 34 CFR 99

12. Purpose • To protect the privacy interests of parents and students regarding the students’ education records

13. What does FERPA do? • Grants parents right to access student records (and share with others) • Schools must keep records confidential unless parents consent to disclosure • Parent is a natural parent, guardian or an individual acting as a parent in the absence of a parent or guardian

14. FERPA and Foster Care • Parent’s right to access records (within 45 days) and share with others (and also to keep information private) • Does not specifically address foster care situations • Definition of Parent: includes natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. • QUESTION: can this be a child welfare agency person or foster parent or caretaker? • Other way to access: FERPA exceptions include court order But no right to redisclose records if release is through an exception (unless redisclosure is included as part of court order) • 18 years and older clients: independent right to access

15. Student’s in care have right to attend school. Student’s need to be promptly enrolled and attend. The registration process should be conducted in private in order to protect the student’s rights to privacy and confidentiality. Registration/Enrollment

16. School Registration FormIncludes at a minimum: • the student’s name; • the student ID number; • the name and phone number of the caseworker and supervisor; • phone number, name, address, and emergency number for the foster care parent or agency; • custody status; • any special needs; educational, medical, social, emotional, or behavioral issues known; • whether there is a court order which precludes the natural parent, family or guardian(s) from being in contact with the child; • and any other court orders which might have an impact on the educational environment.

17. McKinney Vento Act 42 U.S.C. §§ 11301, 11431-11435

18. Purpose To ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth.

19. Who is eligible? Homeless children and youth are individuals who lack a fixed, regular, and adequate nighttime residence. This includes children: • staying in other people’s homes, hotels and shelters. • awaiting foster care placement (not defined in federal law). • Living in cars, public places, abandoned buildings, substandard housing. • Abandoned in hospitals. • Migratory children

20. How does MKV support Dependent Children? • Policy presumption in favor of keeping children in home school • State already has duty to promote educational stability, provide services and collaborate with other agencies for homeless children • Transportation funding • McKinney Vento local liaison should participate and already has duty to develop procedures and provide services

21. What does the law do? • Child can stay in home school or immediately enroll in local school • Don’t need required documentation (e.g., academic, immunization, residency) • Transportation provided • Other services as needed including: school supplies, case management, nutrition, LEP • Homeless youth cannot be segregated • State and local school districts must designate a coordinator for homeless youth • School must develop procedures to identify homeless children

22. Right School, Right Program The right to an education is only meaningful if the child is in the right school and the right program. Beyond school stability is the quality of and education (NCLB) and the appropriateness (IDEA,504)

23. Placement Changes and Educational Stability The school setting is often the most stabilizing environment for a foster child. Teachers and friends are extra eyes on the child.

24. Educational Stability School Change Problems include: • Inordinate delays in enrollment and record transfers • Confusion regarding credit transfers or loss of credits • Repeating or missing valuable educational material • Overwhelmed with the move and disruption • New school refusal to follow previous IEP • Varying eligibility standards for special education in different jurisdiction • All of the above • Some of these issues are addressed in IDEA 2004

25. Research It is estimated that when a student in foster care changes schools, an average of four to six months of educational progress is lost ( Calvin, Making a Difference in a Child’s Life, 2001)

26. Educational Stability Factors : Decision makers should consider: • safety or other risk factors. • schedule/credit concerns for high school students (i.e. block vs. regular schedule). • therapeutic services/relationships, such as those provided in EH/SED programs. • the previous mobility of the student as well as potential plans for reunification. • travel distance and length of bus ride, given child’s age/developmental level. • ability for continued participation in before- and after-school activities and clubs. • input from the student, if age appropriate.

27. Educational Stability-using logic Movement between schools should preferably occur at logical breaks in the school calendar such as at the end of a marking period, semester, or school year.

28. School Transition Practice Tips If it is determined that a change in school would be in the student’s best interest: • expedite registration and rapid transfer of records and information. • Discuss pertinent issues regarding the child, transmittal of the confidential folder to the new school, transfer of credits (full or partial) and expedited orientation of the youth at the new school in the correct educational program.

29. Transportation If the determination is made to maintain the student at the current school, be certain necessary transportation is arranged.

30. No Child Left Behind Act 20 U.S.C. § 6301 et seq.* *There is no exception in law stating it is ok to leave foster children behind.

31. No Child Left Behind Act • Passed in 2002; reauthorized the Elementary and Secondary Education Act • Purpose: focuses on such issues as annual testing (of school performance), high teacher qualifications, and reform of low performing schools. • Requirement for Annual Yearly Progress

32. NCLB • Students attending Title I schools designated “in need of improvement” for two consecutive years have opportunity to transfer to new school in the same district-but who is legal decision maker? • Low income students attending Title I schools designated as failing for at least three of four prior years, must receive “supplemental educational services” • Students who attend persistently dangerous schools, or who have been victimized by school violence, must be allowed to transfer to a safer school in the district

33. IDEA Individuals with Disabilities Act, 20 USC 1400 et seq; 34 CFR parts 300 and 301

34. Eligibility: • Has or is suspected of having a disability • Interferes with learning • Rule out vision, hearing and language development issues • Referrals and Child Study Teams • Psycho educational Evaluations • Evaluation Plan • Verbal/nonverbal testing • ESOL • Cultural competency

35. Identification in Florida • Categories of Impairments *Speech/Language Impairments *Autism *Mental Retardation *Orthopedic Impairments *Emotional Impairments *Hearing Impairments *Traumatic Brain Injury *Visual Impairments *Specific Learning Disability *Other Health Impairments • Children ages 3 through 9: additional category of developmental delay

36. “Staffing” or IEP Meeting • Identification Eligibility • Present level of performance • Abilities and disabilities • Modifications, services and supports • Measurable goals and objectives • Placement, • Least restrictive environment • Transition Plan • Education/career path

37. Related Services • Appropriate for the child • Being provided • Coordinated with community services • Types-transportation, speech/language; mental/behavioral health, occupational therapy, physical therapy, mobility training, assistive technology • ESY (Extended School Year)

38. Transition Plan Every child needs a plan for a future • Fourteen (14) • Youth’s participation • Youth’s goal • School based services • Other resources • Participating • Coordinated

39. “Due Process” • Negotiation • Complaint • Mediation • “Due Process” Hearing • “Stay Put” provisions • Compensatory Services • Attorney’s fees and costs • OCR as alternate remedy • Notifying the Dependency Court

40. Interagency Agreements and IDEA Department and school district must cooperate in accessing the services and supports needed for a child who has or is suspected of having a disability consistent with IDEA including: • Referral for screening • Sharing of evaluations between school and CBC • Provision of education and related services appropriate to the child’s needs and abilities • Coordination of services and plans to avoid duplication • Appointment of a surrogate parent

41. IDEA: Who can act as a Parent? • Natural, adoptive or foster parent • A guardian (but not the State) • Person acting in the place of a natural or adoptive parent (e.g., grandparent, stepparent, relative) • Surrogate parent

42. Consent Issues: Why So Critical? • Law doesn’t allow child to be own decisionmaker • Don’t want education agencies to ignore this population • Don’t want schools to operate around the bio. parent: • For many children in care reunification with biological parent is the long-term goal • Keeping the biological parent involved in the child’s special education program (with support of advocates) can prevent foster care placement or speed process of reunification • Don’t want parents who are unable or unwilling to participate to delay needed services

43. IDEA 2004: Consent Issues consent from appropriate decisionmakers: • Parts B & C: definition of “parent” • Natural, adoptive, or foster* parent of a child (unless a foster parent is prohibited by State law) • A guardian (but not the State) • An individual acting in the place of a . . . parent (including a grandparent, stepparent, or other relative) with whom the child lives… or • A surrogate parent *Foster parents can’t act as the child’s parent unless the parents’ education rights are limited

44. IDEA 2004: Consent Issues Need to ensure that children in care who lack education decisionmakers are given surrogates: Surrogate Parents: Required when • Child’s parents are not known or are dead • Education agency can’t locate the parents after making reasonable efforts • Parents’ rights have been terminated States must make “reasonable efforts” to ensure a surrogate is appointed within 30 days of determining that a surrogate is needed • Definition of Parent Under Florida law:1000.21(5) Fl.Stat.

45. IDEA 2004: Consent Issues • Surrogate Parents can NOT be: • Employees of State education agency • Employees of local education agency • Employees of an agency involved in the education or care of the child • I.e., no foster care caseworkers! • Who may be the surrogate? • Foster parent (if willing and no conflict) but not if a shelter or short term placement • Possibly GAL or other child advocate • Knowledge and skills to adequately represent child

46. Who can appoint the surrogate? • Ask the school district to appoint a surrogate • Should appoint within 30 days • You may be able to suggest who they appoint (for example: an aunt, the foster parent, or a GAL) • If child is in custody of a child welfare agency, can also ask the juvenile judge • For children aged 3-21 – Judge can appoint a surrogate • The court should enter a clear order appointing a surrogate (may also have to temporarily suspend the parent’s right to make special education decisions) • The school must honor the judge’s selection • NOTE: Birth to 3: judge can suspend parents’ education rights and then caseworker can ask early intervention agency to appoint a surrogate

47. IDEA 2004: Expanded Role of the Juvenile Court Issue 1: Surrogate Parents • Problems: • Some education agencies don’t appoint surrogates when needed or appoint “yes men”; and • Education agencies can’t appoint surrogates if parent is known, even if parent really can’t perform the role • Solution: Part B* • Makes clear that a juvenile court can appoint a surrogate parent for a ward of the State • Will apply a “best interests” test • *For infants/toddlers, not clear court can appoint surrogate

48. IDEA 2004: Expanded Role of the Juvenile Court Issue 2: Initial Evaluations • Problem: • Schools may conduct an initial evaluation for a child thought to have a disability without parental consent if parents are unavailable or rights are terminated • But, schools are not required to do so • Solution: Part B* • Judge can “subrogate” parents’ right to make educational decisions (e.g., if parents are missing or unable to make decision) and appoint an individual to represent the child who can consent to an initial evaluation (and ensure the evaluation happens)

49. Initial Evaluations • General Rules • School Districts must obtain consent from a “parent” before conducting an initial evaluation • Remember, this means that the caseworker can’t sign the paperwork to start the evaluation • Consent must be in writing – must sign the permission to evaluate form!! • School Districts may request a hearing to override parents’ refusal to consent to the evaluation • But note: districts can NEVER start providing special education services (by giving an IEP) without voluntary parent or surrogate consent!

50. What if the child moves during the Initial Evaluation? • IDEA timeline for evaluation process: 60 calendar days • If child moves to a New district: • The timeline may be extended, but ONLY IF: • “Parent” agrees AND new school ensures prompt evaluation • Exception: Schools do not have to meet these timelines if parent or person acting as parent repeatedly fails or refuses to produce child for the evaluation TIP: Caseworkers must help in coordination!