Navigating the Systems to Support Foster Children with Developmental Delays

1. Navigating the Systems to Support Foster Children with Developmental Delays and Disabilities and Improve Education Outcomes Topic Facilitator: Cheryl A. Theis. MA Education Advocate and Director Foster Youth with Disabilities in Transition (FYDT)

2. Course Objectives • Introduce laws that provide educational support and access for children in foster care • Identify barriers that can interfere with a child’s access to these • Discuss advocacy strategies and resources that improve outcomes and remove barriers

3. Filling the Information Gap: “Children in foster care confront significant obstacles along their educational journey... Much has been written about childhood suffering, family disruptions, and systemic obstacles that partly explain these compromised outcomes. According to the experts, filling the information gap is critical for turning around "the perfect storm of resulting school failure" and promoting school success” (The Center for the Future of Teaching, May of 2010)

4. Barriers to Needed Services: • Complex laws and regulations make system difficult to understand/navigate • Lack of access to training or technical assistance can result in failure to address concerns • Assumptions that “someone else” will do it • Hope that things will resolve “on their own”

5. Foster Youth face unique and daunting challenges right from the start: WHAT WE KNOW: • Children who have consistent, knowledgeable advocates are the most likely to receive appropriate services and supports. • AlmostHALF of Foster Children have identified special education needs, and 70% are receiving some form of mental health care. 45% of young children have special medical needs and/or developmental delays. • Involved, committed parents often struggle to navigate special education systems to get needed support.

6. Foster Youth with Disabilitiesface unique and 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.

7. Despite Good Intentions:the System(s) can be the PROBLEM • Children in Foster Care often experience numerous changes in placement and schools.Lines of responsibility and accountability are unclear. • Schools & Child Welfare Agencies do not coordinate efforts or share information..

8. Risk of Special Educational Needs: • Trauma of abuse, neglect, or being removed from a caregiver may predispose some children to social or behavioral difficulties. • Highest rates of abuse and neglect occur in infants and toddlers • 16.1 per 1000 children under age 3 • High rates of developmental delay in this population • 23-61% of children known to CW have delays in development, communication, behavior

9. High Cost for Missing Needs: • Children who are NOT identified as needing early intervention and support continue to struggle. • More likely to: - miss developmental milestones -enter school already behind -be retained- leave school prematurely, or - be subject to expulsion if learning challenges manifest in behavior difficulties • Greater chance of removal from general education/public schools • May have placement change at home due to changes in educational placement, disrupting connections and permanency

10. What We Don’t Know: • When asked about the possible benefits of early intervention services for foster children: “nearly all of the experts said 'we don't know who or how many' are assessed, referred, or receive services." • “There is no research that assesses the value and feasibility of expanding eligibility and access to early intervention services for all young children in foster care"

11. What We Do Know: • All experts agree that there is a significant need to train foster parents, Child Welfare Workers, CASA’s, Dependency Attorneys and Judges and other stakeholders about effective advocacy and interventions for children in foster care, to increase interagency collaboration, and to focus on providing connections and stability over time.

12. Unaddressed Learning Needs Cost Us ALL • 70% of California’s inmates were in the foster care system at one time. • 42 percent of inmates have an identified disability. • 82 percent had indications of specific learning disabilities • Only half had been identified in school, without adequate development of supports and services • Half had no regular employment prior to incarceration • And many never reach their potential and offer their unique contributions!

13. Risk Factors for Foster Children Accessing Education: • Children in foster care are at high risk of having a medical, social or behavioral disability. (NSCAW Study) • 3 to 7 times more physical and mental problems and developmental delays as other children. • More likely to be maltreated by caregivers than their non-disabled peers. • Health vulnerabilities and psychological risks can occur put children at risk though problems may take time to “show up”. • The abuse and/or neglect that a child experiences prior to placement in the foster care system can create a variety of health challenges.

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

15. Impact: Changes of Placement • Numerous placement changes are associated with: • Problems in children’s ability to form relationships • Externalizing & internalizing behavior problems • Trauma symptoms • Academic problems • Juvenile justice system (esp. for males) • Increased chances of reentering foster care after reunification

16. Key Factors that support Stability of Placement Include: • Support and training for foster parent and kin care providers • Intensive support and behavioral interventions for youth with who cannot have their needs met in a lower level of care • Educational Stability, including developmental of an effective IEP or 504 plan where necessary From: Foster Care Reentry and Placement Stability Outcomes: Understanding Califoriai’s Performance and Practices to Improve Outcomes, presented to The Leadership Symposia on Evidence-Based Practice in Human Services, January 30, 2009, San Diego, CA)

17. Laws: What we need to know: • There are many laws that protect children • We do not have to “know” them all—we need to know where to go for help! • Information can be overwhelming, but knowing how to navigate system is essential • Labels can provide access to service!

18. Key Laws that Protect Education Rights of Children in Foster Care w/Disabilities • FEDERAL LAWS: • IDEA: The Individuals with Disabilities Education Act: Provides for Specialized Education for Children with disabilities who require individualization of program, early intervention for those under 3. • Section 504 of the Rehabilitation Act • Civil Rights/Equal Access law, : Applies to any program receiving federal funds. Provides for equal access to participation in school, extracurriculars.

19. Key Laws that Protect Education Rights of Children in Foster Care w/Disabilities • NCLB: No Child Left Behind: • Requires highly qualified teachers, teaching to standards, tracking of annual performance, provides rights to students in failing schools, requires school districts to take specific steps to address school performance issues. • FERPA: Federal Education Rights Privacy Act (FERPA): Ensures parent/ed rights holder access to Education Records, protects against unauthorized information sharing

20. Key Laws that Protect Foster Children with Disabilities California Specific Laws: • AB 490: Foster Children and Education Access • Hughes Bill: Education, Addressing Serious Behavior Issues for Children with Disabilities • AB 3632: Bringing County Mental Health or California Children’s Services into Special Education Program via Interagency Agreements (Can come in for children in preschool if needed!)

21. IDEA—The Special Education Law Part B for children ages 3 until the 22nd birthday (or diploma)— SCHOOL DISTRICT is Responsible. • Emphasis: Providing FAPE (Free and Appropriate Public Education) in Least Restrictive Environment by individualizing the education program using an IEP (Individualized Education Program) • Getting Help: Parent Training and Information Centers (see resources) • Special note: Transition Planning is Required, but often not coordinated with Child Welfare Planning! • Anyone can refer a child—Ed right holder must consent to services

22. IDEA (Special Education) PART C: Infants and Toddlers under Age 3 REGIONAL CENTERS/DDS, ARE RESPONSIBLE (WITH EXCEPTIONS). • Emphasis: Providing Early Intervening Services for children with, or at risk of, developmental disabilities (some children will stay on as Regional Center Clients after age 3, if they meet DDS criteria). • Recent changes to eligibility mean higher bar, and sometimes waiting for “delay” to get large enough. Identify risk factors clearly (prenatal exposure, birth difficulties, early trauma)

23. IDEA PART C: Early Intervening Services California Early Start: Teams of service coordinators, healthcare providers, early intervention specialists, therapists, and parent resource specialists evaluate and assess an infant or toddler and provide appropriate early intervention services to children eligible for California's Early Intervention system. IMPORTANT: IDEA 2004 specifies that ALL foster children under 3 be referred to Department of Developmental Services/Regional Centers! Screening “may” be appropriate, but should include review of all relevant information. Phone dismissals NOT sufficient. Parent, Physician, CWW can refer—but Ed Rights Holder must consent to service.

24. IDEA PART C: Getting Help Local Regional Centers: The Early Start Central Directory of Early Intervention Resources is a comprehensive resource for parents, family members, service providers, and members of the public that provides information on the early intervention resources available in California by county. http://www.dds.ca.gov/EarlyStart/Home.cfm Family Resource Centers (FRCs): http://www.dds.ca.gov/EarlyStart/FamilyResources.cfm Client’s Rights Advocate (Regional Centers): http://www.dds.ca.gov/ConsumerCorner/Advocacy.cfm

25. IDEATransition from Part C to Part B Services • Important: Children transition from Part C to Part B at 3rd birthday, and process and timeline is legally defined. School District must assess to see if eligible for services. • At least 6 months before child will turn 3, transition process should begin. • Key: Do not wait until Child starts elementary school to ask School District to Assess! Ages 3-5 are critical times in which to intervene and support!

26. Disproportionality:The Over-identification Issue • There is great concern over the identification of larger numbers of children of color, poor children, foster and homeless children in special education. • IDEA is intended to keep children in their “Least Restrictive Environments”. • Without identification of needs, result is often school exclusion, school failure, and failure to progress. • Identification is NOT the issue—LRE is the issue!

27. Disproportionality:The Over-identification Issue • Under IDEA, School Districts are required to locate and identify all children with disabilities in their area. • Failure to Assess a Child may be a Child Find violation (Complaint can be filed) • Children in foster care are often NOT assessed because their history is held against them (lack of progress attributed to frequent school changes, attendance, etc).

28. Removing Barriers: What Can We Do? • Ensure that all foster parent, CASA, CWW and Kin Care training programs include training on Special Education in a hands on, user friendly way. • Connect above to resources in their county (FRN’s, PTI’s, Foster Care Liasons, etc) • Provide sample letters, documents • Emphasize LRE • Present resources, not judgements!

29. Removing Barriers: What Can We Do? • Update Education Portion of Health Education Passports frequently (critical for students with a 504 plan, for example) • Encourage caregivers to have children assessed EARLY—Early intervention works! • IDENTIFY who holds Education Rights at every placement. Foster Parents can act as Parents for Education purposes—BUT consider if this is appropriate—every change of placement then means new advocate comes into play!

30. Removing Barriers: What Can We Do? • Remember that children in foster care have a right to privacy! Sharing Information needs to be sensitive to this. • Provide essential information (assessments, medical reports) to School District—but REDACT information not relevant to Education Needs!

31. Removing Barriers: What Can We Do? • Utilize existing laws and processes -If behavior is an ongoing, serious concern, ask for a behavior assessment compliant with the Hughes Bill (Behavior can be shaped and changed!) -If child has mental health needs (does NOT have to be identified as Emotionally Disturbed—just have an IEP), ask for AB3632 referral to County Mental Health. If not eligible for Special Education, ask if eligible for a 504 plan (removes barriers in general ed) Use caregiver affidavits, court reports to make courts aware of what is happening on the education side! We need everybody at the table, and every tool in our toolkit!

32. Important: Foster Youth Need Consistent Advocates • Schools do not understand how the Child Welfare system works. • Laws that provide educational rights, access and nondiscrimination to children in school presume and depend on Parental involvement and advocacy. • Child Welfare depends on reports from Educators to make decisions but no clear bridge between institutions • Foster Parents may be appointed by default, but changes in placement mean changes in surrogate.

33. Interagency Collaboration is Essential for Foster Youth! Critical that the School District invite, with adequate notice, other agencies and persons who ARE or MAY need to be involved: • Child Welfare Caseworker (participate by phone!) • Court Appointed Special Advocate (CASA) • Biological Parent if Family Reunification is in process—Encourage Foster/Kin Caregivers to partner with Bio-parents whenever possible. • Consider, where appropriate: Free training on Education Advocacy for Children with Disabilities can be part of a case plan—see Resources for CA contacts! • IEP meetings must be held at “MUTUALLY AGREEABLE” times. If it doesn’t work for key player, RESCHEDULE!

34. Educational Planning, IEP’s and 504 Plans Must Build In 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, and participate in the process.

35. Essential Protections:AB 490 • Mandates that educators, school personnel, social workers, probation officers, caregivers, advocates, and juvenile court officers all work together to serve the educational needs of children in foster care. EC 48850(a)

36. Using AB 490 “on the ground” • If concerned about a recently placed child’s educational progress, ORDER RECORDS (5 Day rule). Check to see if current school has received records from previous school (including BOTH Special Education if applicable, and Cumulative File). • Often, SST’s and progress reports have not considered child’s previous performance. • Note if Child has IEP or 504 plan…must be implemented immediately.

37. AB 490: Implementation • USE the Foster Youth Liason for the school, and go to County Contact if no response. • Exp: A child comes into your care or caseload, and school won’t enroll without immunization records. • See resources for list of all AB490 county contacts

38. Advocacy Essentials DOCUMENTATION RULE OF THUMB:“If it was never written, it was never said and will never be done.” • Work out problems at the local level through letter WRITING.See www.wrightslaw.com “Letter to a Stranger” • Make requests IN WRITING. • Expect responses IN WRITING (PWN). • Expect Timelines to be met. Tip: Send letters with proof of delivery • Document conversations and calls.Date, time, who, title, contact info, what was discussed, what is understood, what is the expected result.

39. For a copy of today’s PowerPoint presentation and links to additional resources, visit the DREDF website at http://www.dredf.org/special_education/trainings.shtml

40. A network of Parent Training & Information (PTI) Centers is available for every county across the country. PTI’s provide technical assistance and training to parents/guardians of school-age children with disabilities, and professionals who serve these students and their families. Here is a list by region/state: http://www.taalliance.org/ptidirectory/pclist.asp Contact DREDF at: Phone 510.644.2555 Toll Free 800.348.4232 Fax 510.841.8645 Email iephelp@dredf.org Website www.dredf.org