Advocating for Foster Children at School

Jan Moore 336-315-7403 jmoore@serve.org
Advocating for Foster Children at School
National Center for Homeless Education

National Center for Homeless Education (NCHE) Operates the U.S. Department of Education’s technical assistance and information center in the area of educating homeless and highly mobile children and youth Based at UNCG Website: www.serve.org/nche Helpline: 800-308-2145 or homeless@serve.org

Overview Assessing and addressing educational challenges of foster children and youth High rates of school mobility Poor academic performance Special Education Increased behavior problems Lack of school engagement Dropping out Identify resources and strategies Determine best way to advocate

Higher rates of School Mobility Associated with poor academic achievement Foster youth Score 16-20 percentile points below peers on standardized tests Less than 60% finish high school Only 3% attend post-secondary education 33-50% receive special education services (vs 10% of overall student population)

School Mobility (cont.) Leads to difficulty developing and sustaining relationships with teachers and peers Disengaged students tend to have Behavior problems Trauma can lead to inappropriate identification for special education Academic problems Often lead to dropping out of school or getting a GED instead of high school diploma

Academic Advocacy Things to consider Rate of academic progress Number of school changes How student feels about changing schools How student adjusts to school changes Academically Socially Behaviorally

Fostering Connections Act (2008) Intent is to promote education stability DSS must include plan for ensuring educational stability in every case plan Placement must consider appropriateness of current educational setting and proximity to the school in which the child is enrolled at the time of placement; and DSS must coordinate with school district to ensure that the child remains in the school where enrolled at the time of placement (if in child’s best interest).

Fostering Connections Act (cont.) If remaining in school of origin is not in the best interest of the child, the case plan must include assurances by DSS and school district that: provide immediate and appropriate enrollment in a new school; and provide all of the educational records ofthe child to the school.

Fostering Connections Act (cont.) To determine best interest for school selection, consider: Time of school year Child’s feelings Particular educational needs Extracurricular activities that meet social/emotional needs

Advocacy Ideas If child cannot be placed near school of origin, suggest ideas for transportation Foster parent Foster care maintenance payments include reasonable transportation to school of origin Utilize Title IV-E funds Ask social worker if your child is IV-E eligible Work out solution with school district Carpool Public transportation

McKinney-Vento Homeless Assistance Act Federal legislation dealing with the education of homeless children and youth Covers children and youth awaitinga foster care placement in emergency or transitional shelters Does not cover once in a foster care placement Includes right to: stay in the school of origin if in student’s best interest and feasible receive transportation to the school of origin when requested

Intervention Services May help students succeed academically without special education services. Include: Behavior management plans Priority seating in the classroom Assigning a peer and/or adult mentor Writing down homework assignments Regular meetings with school counselor Extra help before or after school Supplemental education services through Title I or similar programs Extra time to complete assignments

Individuals with Disabilities Education Act (IDEA) Special education and related services designed to meet unique needs of students with disabilities who require significant remediation and assistance Disabilities include: Learning disabilities Mental retardation Emotional disturbance Other health impairments (includes ADD & ADHD) Hearing and visual impairments Autism

IDEA (cont.) Supportive services may include: Transportation Speech-language services Psychological services Physical and occupational therapy Student counseling School health services Parent counseling and training Social work services

IDEA: Evaluation Process Evaluation can be requested by Parent Guardian Foster parent DSS social worker School personnel If child is in DSS custody, parental consent for an initial evaluation is not necessary if: School cannot find the parent Parent’s rights have been terminated Educational decision-making rights have been reassigned

IDEA: Evaluation Process (cont.) Timeline Initial evaluation must be conducted within 45 days IEP developed and placement completed within 90 days

IDEA: School Transfers If student changes school districts during evaluation Evaluations continue Original completion date remains valid, unless new district is making “sufficient progress to ensure a prompt completion of evaluations” and the parent agrees to an alternative timeline If student has IEP and transfers, new district: must provide appropriate services immediately; services must be comparable to what is contained in the student’s current IEP can adopt previous IEP or create a new one in consultation with the parent

IDEA: Surrogate Parent Required when parent is not able or available to make educational decisions Assigned by school district within 30 days (Alternately, a judge may assign for child who is a ward of the state.) Must have knowledge and skills necessary to be a good surrogate Cannot have conflict of interest Cannot be employee of state department of education, school district, or other agencies involved in the education and care of the youth

IDEA: Temporary Surrogate Parent School district can assign any time in first 30 days Must have knowledge and skills necessary to be a good surrogate Cannot have conflict of interest Can be employee of state department of education, LEAs, or other agencies involved in the education and care of the youth – including GAL

Americans with Disabilities Act (ADA): 504 Plan For students who do not meet IEP criteria Only need a level playing field to perform at peer level Attempts to remove barriers and allow students with disabilities to participate freely Spells out modifications/accommodations needed for students to have an opportunity to perform at the same level as their peers Procedure to request is similar to that of IEP

504 Plan (cont.) Disabilities can include: Physical impairments Illnesses or injuries Communicable diseases Chronic conditions like asthma, allergies and diabetes Learning problems Plan may include wheelchair ramp, blood sugar monitoring, peanut-free lunch environment, home instruction, tape recorder or keyboard for taking notes, etc.

Advocacy Ideas Talk to the child about why he thinks he’s not doing well If you think the child needs extra services Ask DSS social worker to request evaluation from school If parent is unable/unwilling to sign for services, GAL may ask for termination of parents’ educational rights and recommend surrogate parent

Advocacy Ideas Talk with foster parent about helping with homework Request tutoring At school From community organizations Consider before- and after-school programs Discuss options with social worker and include in court report

Advocacy Ideas Disruptive Behavior Consider trauma as a cause Acting out: Fight, flight, freeze Children do not operate with the part of the brain that processes logic Communicate with foster parents Communicate with school personnel when appropriate Ask DSS social worker to request evaluation

Behavior Intervention Plan (BIP) Change environment to prevent behavior Offer positive reinforcement for good behavior Arrange supports so student will not be driven to act out due to frustration or fatigue Examples Priority seating in classroom Peer and/or adult mentor Write down homework assignments Regular meetings with school counselor Extra help before or after school Supplemental educational services Extra time to complete assignments

Manifestation Determination Conducted to determine if student can be removed from school for disciplinary infraction Two-prong test Is conduct caused by or does it have direct and substantial relationship to disability? Is conduct direct result of school’s failure to implement IEP? If either of the above are true, student cannot be removed

Advocacy Ideas Ask student about school disengagement Does he dislike school? Does he feel inadequate because he’s not performing on-par with his peers? Get input from teachers and counselors Link with extracurricular activities Review courses to be sure they are challenging and interesting

Advocacy Ideas Encourage to think past current chaos Ask about future goals Determine interests and skills Talk about postsecondary education Help design a path to fulfill goals Connect with school counselor to help with college selection, applications, and financial aid All students in foster care at 13 years old or after are automatically considered independent students for college financial aid (College Cost Reduction and Access Act)

Educational and Training Voucher Program (ETV) Up to $5,000/year for post-secondary education and training up to age 21 as long as youth is: Older than 16 and has left foster care for kinship, guardianship, or adoption Completing high school or a program leading to an equivalent credential Enrolled in post-secondary or vocational education Participating in a program or activity designed to promote, or remove barriers to, employment Employed at least 80 hours per month Incapable of doing any of the above activities due to a documented medical condition

Tuition Waivers Tuition, room and board, fees, and books for youth who: age out of foster care are adopted from DSS foster care after the age of 12 Scholarships apply only to the 17 branches of the University of North Carolina and North Carolina community colleges

GAL Court Reports GAL court reports should include: Appointment of educational decision maker (if needed) Strategies to ensure school engagement Educational records Report cards Comments from teachers, counselors, social workers, etc. Involvement in special or extracurricular activities Special education information

Additional Resources Annie E. Casey Foundation http://www.aecf.org/OurWork/Education.aspx Legal Center for Foster Care & Education http://www.americanbar.org/groups/child_law/what_we_do/projects/education.html NC’s Parent Information and Resource Center http://www.ecac-parentcenter.org/About-the-NC-PIRC.aspx? sid =25&pid=4&red=yes Parenting Children with Special Needs http://specialchildren.about.com/od/specialeducation/u/schoolpath.htm Procedures Governing Programs and Services for Children with Disabilities http://ec.ncpublicschools.gov/policies/nc-policies-governing-services-for-children-with-disabilities/policies-62010.pdf

Advocating for Foster Children at School

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