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Education Advocacy for Foster Youth

Some key statistics for education outcomes for youth in foster care:

A student in foster care loses approximately six months of academic progress per school change.

They are twice as likely to repeat a grade and to change schools mid-year.

Students who change schools frequently lose course credits, repeat courses they have already taken, are placed in inappropriate classes or grade levels, and often are not allowed to participate in extracurricular activities.

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Education Advocacy for Foster Youth

Less than 50% of children who have experienced foster care will graduate from high school

70% of youth in foster care would like to attend college some day.

Less than 3% of adults who experienced foster care
have a bachelor’s degree
(compared to 28% of all adults)

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Why Does School Matter?

�Despite challenges, many former youth in foster care report that school provided much needed consistency in their lives. Students often recall a caring teacher or school staff member who truly made a difference.

And remember our resilience training from earlier – ��“The single most common factor for children who develop resilience is at least one stable and committed relationship with a supportive parent, caregiver, or other adult. ”

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Every Student Succeeds Act (ESSA)�Key Provisions for Students in Care�ESSA: https://www.ed.gov/essa �

Students remain in school of origin unless there is a determination that it is not in their best interest

Every school district is required to designate a Foster Care Liaison

Schools/OSPI must collaborate with Child Welfare Agencies

Students in foster care are entitled to immediate enrollment, even without documents normally required

Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care

7/20/20 | 6

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How Do I Find My Ed Lead?

https://www.k12.wa.us/student-success/access-opportunity-education/foster-care/foster-care-liaisonsdcyf-contacts

3/15/2019 | 7

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School of origin

Federal law (McKinney-Vento Act) requires that a child is to remain in their school of origin unless it is determined that it is NOT in the child’s best interest.�

Child must remain in school of origin until a determination is made�
The best interest determination is made in conjunction with the SW, the school, caregiver, parents, the student and YOU – the guardian ad litem!�
DCYF and the school are to arrange transportation (and pay for it!)�
McKinney-Vento also applies to pre-schools, too!

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When to Consider Special Services

Does the student have a disability that interferes with his or her ability to learn?

Does the student demonstrate any of the following:

Consistent poor academic performance that does not improve over time

Consistent disciplinary or behavioral issues that do not improve over time

Little or no response to school interventions to support academic growth or behavior

Delayed mastery of developmental steps

Disproportionate gaps in understanding in relation to other subjects or peers

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Referral - Prongs 1 & 2

Referral of students suspected of having a disability may come from any source, such as parent, social worker, community agencies or school personnel.

Child Find

Each district is required to identify, locate, and evaluate all children with suspected or known disabilities who need special education and related services

If you or the parent are requesting an evaluation, ALWAYS do so in writing. Describe the concerns in detail. Give examples.

The district has 25 school days to decide whether or not to evaluate the student.

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Evaluation - Prongs 1 & 2

If the school district decides to evaluate, the evaluation will begin after written permission is received from the bio- parent or legal Educational Decision Maker, NOT the state social worker or any state employee if the child is a Ward of the State

Every area of suspected disability is evaluated and ALL available data should be considered.

If the evaluation request is denied, the parent has the right to appeal. Process of appeal is explained in the Procedural Safeguards provided by the school.

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General education classroom

504 Plan

IEP

All Students

Students w/ Disabilities and DO NOT need Special Services

Students Eligible for 504 Plans

Students Eligible for IEPs

Facilitator (say): A student with a disability under IDEA will also have some kind of impairment in one or more major life activities. However, the reverse is not necessarily true. A student with a major life impairment may not need or qualify for special education.

For example, a child with cerebral palsy (a medical diagnosis which is related to IDEA) is likely to have difficulty walking (a major life activity under Section 504). He or she might require braces, crutches, or a wheelchair. The child might also have difficulty speaking, writing, or caring for himself.

On the other hand, a child who is blind would need accommodations under Section 504 – perhaps braille textbooks or audio textbooks, a keyboard in lieu of handwriting, and possibly assistance in getting from one place to another. The student might not have any other problem affecting learning, and wouldn’t need an IEP.

One way to think about the relationship between the two laws is to think of eligible students as groups within groups. Within the group of all students, there is a group who need accommodations under Section 504. Within that group is a smaller group who is eligible for protection under IDEA. They may need accommodations AND a customized education plan.

In other words, all students eligible under IDEA are also eligible under Section 504. But not every student eligible under Section 504 is also eligible under IDEA.

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Section 504 Plans

Accommodations

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To qualify for a 504 plan, a student must have a known OR suspected disability that substantially limits a major life activity such as:

Seeing
Hearing
Speaking
Breathing
Caring for Oneself
Performing Manual Tasks
Learning

504 Plan - Eligibility

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504 Plans (Examples)

504 Plans may accommodate short-term (temporary due to illness or injury) or long-term (chronic) disabilities

Districts often ask for documentation of a disability in order to hold a meeting, but documentation is not required.

Temporary: Tanisha breaks her dominant arm right before state tests, and she’ll be in a cast for 6 weeks.

Chronic: Mayra has ADHD, and a 504 Plan meeting convenes to determine accommodations that are appropriate and useful.

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504 Plan - Timeline

Disability is known or suspected and a written request for an evaluation is submitted

No formal timelines -- It is reasonable to expect schools to follow the timelines similar to IDEiA

No formal testing required -- observation and data collection

Team discussion and decision when determining eligibility and services, however, the law does not state any set list of team members

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Recommended 504 Team Members

Key 504 Team Members:

Appointed building 504 Officer
School Counselor
Building Principal/Administrator
Social Worker
Guardian/Parent
Educational Advocate

Other Possible Team Members:

Special Services Director
School Psychologist
Mental Health Therapist/Counselor

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Accommodations are adjustments or modifications granted to the student in a general education classroom that allow them to function as well as non disabled peers.

Test-Taking: Time, Location, Open book exams, Oral instruction
Physical Environment: Preferential seating, Grouping with peers, Use of buddy-system, Manipulatives to reduce distractibility.
Study Skills: Use of teacher notes and agendas, Peer notes or note taker, Use of keyboard, Recorder etc.
Behavior Management: Communication plan for teacher, parent, student etc., De-escalation area for student
Health Related: Use of specialized equipment, Provision of assistive technology

504 Plan: Accommodations

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504 Plan - Maintenance

504 Plans are not required to be reviewed at any particular interval.

504 Plans need to be shared with new teachers each year/semester.

504 Plans can follow students into higher education and the workplace.

As youth grow older, they need to become self advocates in order to transition the plan to post secondary school and/or workplace

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Individualized Education Program

Specially Designed Instruction

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All Individualized Education Programs contain:

Present levels of performance

Clear & Measurable Goals:

May be academic, behavioral, etc.

Service Matrix:

Location, duration and frequency of services

IEPs may also contain the following based on student need:

Program modifications/accommodations (modified grades or assignments, accommodations for testing including state testing)

Related Services (SLP, PT, OT, Aide)

Functional Behavioral Assessment

Behavioral Intervention Plan

Aversive Intervention Addendum

ESY- Extended School Year (determined annually)

What is in an IEP?

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IEP Structure

Disability

Documentation of adverse educational impact caused by the student’s disability

Goals

Grade-level standards-based academic and behavioral goals are written to address each of the student’s needs

Services & Accommodations

Created to support progress toward IEP goals

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(2) Once a written request has been received, the timeline begins: Districts have 25 school days to decide whether or not to assess a student for services and hold a meeting to discuss the decision.

(3) If YES to the evaluation, then permission is signed by the caregiver and testing and observation begins. This must be completed within 35 school days.

(4) If the student qualifies, an IEP is created, reviewed and agreed upon by the IEP team within 30 calendar days.

(1) Disability is known or suspected and a written request for an evaluation is submitted.

Referral and Evaluation - Timeline

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IEP Team Members

Parent or guardian
General Education teacher
Special Education teacher
Individual to interpret evaluation data (such as a school psychologist)
District representative (at initial IEP meeting)
The student (if appropriate)
Transition service provider (DDD or DVR) if involved
Others with special expertise or knowledge about the child (social worker, CASA, GAL, mental health counselor, etc.)

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SAMPLE

IEP

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IEP - Maintenance

IEP is formally reviewed annually.

(You can request for it to be reviewed whenever you feel there is a need.)

Complete re-evaluations are conducted every 3 years

As youth grow older, they need to become self-advocates in order to transition the accommodation piece of the plan to post secondary school and/or the workplace.

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Let’s Compare!

504-Plan (2 Prongs)

Specially Designed Instruction provided AND Accommodations if needed
Formal timelines and set list of team members
Stricter guidelines for qualifying

Accommodations provided in General Education setting – No Specially Designed Instruction
No formal timelines or set list of team members
Easier to qualify for due to disability interpreted more broadly

Both the IEP and 504 Plan help students whose learning is affected by a disability

Both the IEP and 504 Plan offer discipline protections

IEP (3 Prongs)