Who am I?

Brian V. Baker, Esq.

YRJ is dedicated to improving the lives of vulnerable children and families through legal representation and advocacy in the courts, legislature, schools and community.

This training is provided by the PSU School of Social Work, Center for Improvement of Child and Family Services, Child Welfare Partnership.

Advisory Notice

This training is based on the policies and procedures of the Oregon Department of Human Services Child Welfare program. If you are employed by another agency, we recommend consulting with your agency

for guidance.

Learning Objectives Identify educational risk factors

of youth in care. Assess the Caseworker’s role in

advocating for the educational needs of children in Oregon’s foster care system.

Recognize how state, federal and DHS education laws and policies can impact the advocacy role.

Where are you?

A. RuralB. Coastal C. UrbanD. Suburban

With how many schools do you interact?

Elementary School Placements

What percentage of elementary school-aged youth in care report 3 or more school placements?

A. 27%B. 39%C. 51%D. 68%

Risk Factors: Foster Care

Risk Factors: Disability

Graphic image courtesy of Julien Tromeurhttp://www.jt-book.com/

Disability

How is disability defined?

11 Eligibility Categories.

Children in care often qualify under categories of Emotional Disturbance (ED) and/or Other Health Impaired (OHI).

Risk Factors: Discipline and Minority status

Case study

Gabriel, age 11

What are the risk factors applicable to Gabriel’s Case?

Educational Services Policy

http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-e8.pdf

Caseworker advocate role

Communicate early and frequently with local school.

Observe children on your caseload for educational needs, assessment and possible 504/IEP eligibility.

Caseworker advocate role

Obtain and review school file of the child.

FERPA Family Education Rights

and Privacy Act

Gabriel’s Case

Gabriel should stay in his current school.

The distance from his new home to his school in Gresham is 22 miles.

How would you facilitate this?

What are the benefits of keeping Gabriel in his current school?

Educational Services Policy

Preferred school or educational setting.

“The preferred school or educational setting when a child first enters substitute care is the school or educational setting the child attended prior to entry into substitute care”

Education Stability

With placement or a change of placement, educational stability is assumed best.

If child moves across district line, there is a Best Interest finding by the Court.

When is a court order necessary? Stay in current school (court order) Transfer to closer school Alternative School

Best Interest of the Child

Distance, Safety, Time Transportation funding (Title IV-E)

Current school to highest grade level Connections to current school Health & Safety Benefits of access to new school

Gabriel’s Case

It is now August, and Gabriel is getting ready start Middle School.

This is the window of opportunity to transition him into the North Clackamas School District. Based on the school boundaries Gabriel will attend Rowe Middle School.

Where to start

Records transfer request and review CF 338, School Record Request – Cover

Letter CF 339, School Record Request

Enrollment Assistance Communicate with School Access to records can be

problematic.

Ensure Enrollment

Enrollment is goal. Assist with transfer of education

records: IEP’s, 504 plans, safety plans, etc.

Attend intake, safety or placement meetings.

Provide school with CW contact and other team contacts (DD, MH, etc.).

Important Terms to Know 504

impacts ability to access education IDEA:

The Individual Disabilities Education Act

IEP: Individualized Education Plan LRE: Least Restrictive Environment

Terminology Handout compiled by Penny Jordan, Training & Education Consultant

Sec. 504

Students with a broad range of disabilities must have access to school facilities and programs, similar to non-disabled students.

Students who are not eligible under IDEA may be covered by Section 504.

Sec. 504 Plans

Typically describe accommodations the school will make to facilitate a student’s learning

Most do not include the specially designed instruction (special education services) found in an IEP.

Special Education: 504 Definitions

Actual Impairment. History of Impairment. Perceived Impairment. Must substantially impact major life

activities such as learning.

Question

Which of these is NOT a reasonable accommodation:

A. Preferential seatingB. Removal of physical barriersC. Materials in alternate formatsD. Personal Iphone *

IDEA: IEP

Individualized Education Plan/Program: individualized, written education plan with short-term objectives and measurable annual goals.

IEP Team: school or parent/surrogate invites.

IEP Meetings: occur at least annually, can be more frequent if necessary to address the child’s needs.

IDEA: Assessment

IDEA: Eligibility

Individualized Education Plan: in writing, based on assessment and addresses all areas of concern.

Timing: IEP meeting must be held within 30 school days of eligibility determination. Eligibility meeting after assessments completed.

Gabriel’s Case

What do you think?

Does Gabriel need assessment? Who can ask for it?

Review Gabriel’s Case Study Part 2

Informed Consent Who is “Parent”?

“Informed” Consent for Testing: Must be informed and received by parent or education surrogate.

Special Education testing begins only upon receipt of informed consent from parent or surrogate.

DHS caseworker cannot give consent for testing even though they are legal guardian.

Question?

Which of these is NOT an impairment that would qualify for Special Education:

A. Vision impairmentB. Hearing ImpairmentC. Inability to DunkD. Cerebral Palsy

Gabriel’s Case: Expulsion

The school is going to hold a hearing to expel Gabriel.

What needs to happen?

Review Gabriel’s Case Study Part 3

Discipline: CW Advocacy

Parents/Advocates should: build rapport with staff; review records; determine support services; and obtain district discipline policies.

Children facing exclusionary discipline need coordinated team advocacy focused on keeping the child in school.

Discipline: Risks

Unidentified school-based disabilities;

Minority Overrepresentation; Alienation from school environment; Increased risk of drop out; Increased risk of further suspension; Increased risk of expulsion.

Discipline: Types of exclusion

Suspension is any school exclusion up to 10 school days.

Expulsion is any removal beyond 10 school days, up to one calendar year.

Expulsion can not last longer than one calendar year.

Discipline: Alternatives to Exclusion

There are a range of options short of exclusion from school under suspension or expulsion.

Problem solving w/ student; Mediation; Conference w/ parent/advocates; School intervention/referrals: mental

health and/or alcohol/drug assessments, insight class, reparations, and/or in-school detention.

IDEA/504 Evaluation

Educational Services PolicyCase Plan Documentation

What do you need to document?

CW School Advocacy Wrap Up

CW parties’ involvement essential at every step.

Maintain communication with school officials and caregivers, including periodic progress reports and participation in school meetings.

Gabriel’s Case Wrap-up

Gabriel was not expelled. He is currently on an IEP and is doing better in school, both academically and behaviorally.

Thank-you for your time and for your attention!