Educational Advocacy

1. October 2018 Texas CASA Conference Educational Advocacy From A to Z

2. Big Picture Strategy 1 Educate Yourself 2 Educate Others 3 Collaborate

3. Educational Challenges

4. National Data National Working Group on Foster Care and Education http://www.fostercareandeducation.org/OurWork/NationalWorkingGroup.aspx

5. Why are CASAs particularly poised to help?

6. Working with Texas Schools

7. How can I navigate a school system I don’t know? • Read up on the school through its website. • Find out the school’s local policies. • Reach out to the school’s foster care liaison.

8. Points of Contact K-12 • Regional Education Specialists • https://www.dfps.state.tx.us/Child_Protection/State_Care/education_specialists.asp • School District Foster Care Liaison • http://tea.texas.gov/FosterCareStudentSuccess/liaisons/ • TEA Foster Care Liaison • Letitia Thomas- Letitia.Thomas@tea.texas.gov

9. Educational Advocacy 101

10. What is an Education Decision-maker? • Makes day to day education decisions (ex: field trip). • Required for all children and youth in DFPS conservatorship. • DFPS Form 2085-E used to inform court and school.

11. Who is a “Parent” under IDEA? • Biological or adoptive parent, • Foster parent unless prohibited by state law, • Legal guardian (not the state), • Person acting in place of a parent and who the child lives with (can be non-relative), • Person legally responsible for the child, or • Surrogate parent.

12. CASA as a Surrogate Parent? • Under Texas law, a CASA volunteer may serve as surrogate parent if: • The child is under the conservatorship of DFPS, • CASA volunteer is the child’s guardian ad litem, and • The foster parent is not acting as the child’s parent. • CASA Surrogate Parent Training - https://texascasa.org/events/event/surrogate-parent-training/.

13. What can aCASA (who is not an EDM or SP) do? Educate yourself Collaborate • What school is your child in? Look up its policies. • What documents does it need from you? • Discuss child’s needs with caregiver/child. • Gather information and share. • You may be the only constant.

14. Educational Placement

15. School Stability: The Law • Upon removal, keep child in the same school district. • Presumption remaining in school of origin is in best interests. • Transportation issues.

16. Enrollment and Records • Immediate enrollment of children in foster care. • Immunization records/issues. • The law permits release of records to new school regardless of parental consent. • TRex and the “green binder.”

17. Credit Transfers • Principals/committees/boards develop local credit recovery & transfer policies. • Credits toward graduation requirements in an accredited school district must be accepted. • Credit by exam at any point in the school year. • Proportional credit for one completed semester of a two semester course.

18. Educate yourself, others, and collaborate: What can a CASA do? • Is the new school aware of the previous services and supports received by the child? • Can the new school continue to provide the same services and supports as the previous school? • Is the current school setting a safe place for the child? • Were the records transferred? • Are the records complete? • Did the child receive credit for previous coursework? • What are the transportation options?

19. Day to Day Education Needs

20. What are common day-to-day needs? • Attendance, discipline, grades, assessments, extracurricular activities, and tutoring. • Behavioral problems can lead to school discipline issues.

21. Attendance and Discipline Laws • Mandatory Attendance - 90% of days for credit. • NOTE: Absences due to a service plan or related court-ordered activity, such as medical appointments, including mental health or therapy, family visitation and college visits are excused from this requirement. Principal has discretion to excuse other absences. • Check out: TEA student attendance accounting handbook: https://tea.texas.gov/index2.aspx?id=25769817607. • Corporal Punishment still exists! KNOW ABOUT : Opt-out forms.

22. Testing Laws and Rules • 3rd – 8th grades: STAAR. • 5th- 8th – pass reading and math to be promoted. • High School – End of Course exams (5 subjects). • Testing schedule is here: • http://tea.texas.gov/student.assessment/calendars.

23. How can a CASA help with testing issues? • Help find tutoring. • Youth may need support in time management or study skills (Check out: www.How-to-study.com for techniques for taking notes, developing good listening skills, test taking strategies, etc.). • Get ideas for activities to explore with CASA child. • Encourage use of free online tutorials in a variety of subjects for high school, college, vocational, financial literacy (e.g., www.khake.come/page67.html).

24. How can a CASA help with testing issues? • Look into compensatory education (programs and/or services designed to supplement the regular education program for students at risk of dropping out of school, such as students in foster care). Allows a school district to use funds to provide supplemental instruction to help a child accelerate their learning or academic performance.

25. Special Ed and Section 504 services

26. IDEA Eligibility • Eligibility = disability + need special education/related services. • These disabilities include: • Intellectual disability • Hearing impairments, including deafness • Speech or language impairments • Visual impairments, including blindness • Emotional disturbance • Orthopedic impairments • Autism • Traumatic brain injury • Other health impairments • Specific learning disabilities

27. IDEA Purpose • To ensure that all children with disabilities have available to them a free appropriate public education (“FAPE”) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. • Applies to all public schools, including open-enrollment charter schools.

28. Admission, Review, and Dismissal (ARD) • Members of Committee: includes parents (or surrogate parent) and student, whenever appropriate. • Meets at least annually to develop student’s individualized education program (IEP). • Parent/surrogate must receive 5+ school days notice of meeting, unless waived, and school must attempt to work with parent’s schedule.

29. §504 v. Special Education • §504 requires accommodations for students’ disabilities, regardless of whether they have an educational need for special education. • To be eligible, a student must have a physical or mental impairment that substantially limits a major life activity. • There is no funding that comes with §504. • There is no standard for what a §504 plan looks like, though one must exist. • §504 teams meet on an annual basis, similar to ARD committees.

30. School Readiness for the Young Ones

31. School Readiness • Early Child Intervention (ECI) 0-36 months • Early Head Start (0-3) • Head Start (3-5) • Pre-K in local schools

32. Post-Secondary Opportunities

33. Tuition and Fee Waiver • Available at any Texas state supported institution of higher education; • For eligible students formerly in foster care, reunified, and adopted; • Lifetime benefit; • As long as the student enrolls in at least one college or dual credit; • Before turning 25.

34. Education & Training Voucher • Under federal law, eligible youth entitled to up to $5,000/year to cover education-related expenses (i.e. college related expenses including rent, books, utilities, childcare, computers, personal expenses). • Get help with the in’s and out’s here: The lead ETV coordinator for Texas is Jennifer Guerra who can be reached at Jennifer.Guerra@BCFS.net. The ETV Hotline is 1-877- 268-4063

35. Extended Foster Care • Federal law (Fostering Connections Act) allows a youth to voluntarily remain in foster care after their 18th birthday. • Youth ages 18 21 must meet certain requirements such as staying in school, working, or participating in a job training program. • Supervised independent living (SIL) allows a youth to live in residential foster care in a more independent setting (e.g. college dorm).

36. Points of Contact Higher Education • Higher Education FC Liaisons • http://www.collegeforalltexans.com/apps/financialaid/tofa2.cfm?ID=429 • THECB Liaison • Natalie Coffey - natalie.coffey@thecb.state.tx.us • Regional PAL staff • https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Preparation_For_Adult_Living/PAL_coordinators.asp

37. Texas CASA Educational Advocacy Guidebook https://texascasa.org/learning-center/resources/educational-advocacy-guidebook/

38. Additional Resources • Children’s Commission, Resources and Reports, Foster Care & Education • http://texaschildrenscommission.gov/reports-and-resources/ • Child Protective Services Policy Handbook, Education • https://www.dfps.state.tx.us/handbooks/CPS/Menu/MenuCPSa15000.asp • Texas Foster Youth Justice Project • http://texasfosteryouth.org/

39. Contact Information • Jamie Bernstein • Jamie.Bernstein@txcourts.gov • Cheri Leutz • Cleutz@dallascasa.org • Diane M. Sumoski • DSumoski@smu.edu

40. Thank You!