Presentation on theme: "1. Mission To equip you with a basic understanding of education law so that you can enhance the educational opportunities and student achievement for."— Presentation transcript:
Mission To equip you with a basic understanding of education law so that you can enhance the educational opportunities and student achievement for children touched by the child welfare system. 2
Why it Matters? Positive school experiences: Enhance childrens well-being Help children make more successful transitions to adulthood Increase their chances for personal fulfillment and self-sufficiency. Educational success is a potential positive counterweight to abuse, neglect, separation, and impermanence. 3
Introductions Who are you? Whats your role? Whats your experience in the child welfare system? 4
Stakeholders Parents Caseworkers Judges Attorneys Educators CASA 5
Five Major Federal Laws 1. Individuals with Disabilities Education Act (I.D.E.A.) 2. Section 504 of the Rehabilitation Act 3. McKinney-Vento Homeless Assistance Act 4. Fostering Connections to Success and Increasing Adoption Act of 2008 5. Family Educational Rights and Privacy Act (FERPA) 9
I.D.E.A. Applies to children with a broad range of disabilities. Entitles eligible children to Individualized Education Plans (IEPs). This is an affirmative right to a certain quality of education. More than equal access. Very complex Act. We will spend much of the afternoon on the IDEA. 10
2. 2. Section 504 of the Rehabilitation Act Section 504 or 504 Prohibits discrimination against people with disabilities. Unlike IDEA, applicable to other government programs, not just education. Disability means impairments that substantially limit major life activities (walking, talking, learning, working, seeing, breathing) Services under Section 504 are implemented by school districts. 11
Section 504 cont. Non-Discrimination: Provides equal access to a free appropriate public education: the provision of regular or special education services to meet the needs of students with disabilities as adequately as the needs of students without disabilities. EQUAL ACCESS vs. affirmative right to FAPE 12
Section 504 cont. Eligible students have a 504 Plan to provide equal access. Examples: Students with diabetes require insulin administered by trained personnel. Students with physical disabilities require access to a modified keyboard. Students using wheelchairs require accessibility to school facilities. Students with visual impairments require large print materials. 13
3. McKinney-Vento Homeless Assistance Act McKinney-Vento (42 U.S.C. §11431 et. seq.) Applies to children who are homeless. Homeless children have a right to stay in school of origin if in their best interests. School must provide transportation. If not in best interests to stay in same school, right to immediate enrollment in new school, even without all records. § 22-33-103.5(5) Implemented by school districts. 14
McKinney-Vento Cont. Homeless children and youth = Children who lack a fixed, regular, and adequate nighttime residence, including: Children living in emergency or transitional shelters Children abandoned in hospitals Unaccompanied homeless youth Children awaiting foster care placement No federal definition of children awaiting foster care placement Up to states to determine. No statewide definition in Colorado. 15
Fostering Connections - P.L. 110-351, 42 U.S.C. 629 et seq. and 42 U.S.C. 670 et seq. Sweeping legislation that affects many areas of child welfare law – were just looking at education. The education portion of the Act provides educational stability for children in out-of-home placements Stay in same school if in best interests If moving schools in best interests, immediate and appropriate enrollment in a new school, with all educational records provided to new school 16
McKinney-Vento Act (Education Law: NCLB) Requires school districts to ensure school stability, provide transportation to school of origin, student in school of choice while disputes are resolved, immediate enrollment, help of school liaisons to enroll, access to Title I funds. Implemented by school districts Fostering Connections (Child Welfare: SSA) Requires caseworkers to consider proximity and appropriateness of current school in placing children AND to ensure student stays in same school unless not in childs best interest. Transportation is permissible child welfare cost; no liaisons, no clear mandate on school districts so not clear how caseworkers can accomplish stability if schools do not cooperate. Implemented by departments of human services 17
5. Family Educational Rights and Privacy Act FERPA - 20 U.S.C. § 1232g and 34 CFR Part 99 Protects privacy of educational records and Parents have the right to review records Within a reasonable time – max 45 days Can be charged for copies unless fee effectively denies access. Requests for waiver of copying fees rarely denied Rights pass to children when they turn 18. 18
FERPA Cont. All records about the child that are maintained by the school. Including, but not limited to: Grades, progress reports, test scores Attendance IEPs, evaluations, and all other related documents Discipline records Internal communication (e.g., emails) about the student Law enforcement records maintained by the school Does NOT include: Notes made to aid the note-takers memory Law enforcement records created and maintained by a law enforcement unit that may operate in the school. Template letter in packet to request records. 19
All About… Staying in the Same School When a childs residence changes, there is often pressure to move the child to a new school. Pros and Cons of moving schools? 21
Same School Cont. All children in Colorado can remain in their school until the end of the semester. The district probably has to provide transportation. 22-32-116, C.R.S. Additional rights to stay in same school depend on childs status: Elementary student? 12 th grade student? Homeless? In an out-of-home placement? A child with a disability? 22-32-116.
Same School Cont. Elementary School Children: Can stay in the same school for the rest of the year and reenroll if: The child was included in the last October pupil count and has attended continuously since then; and The childs guardian sends a written request to the principal; and And the principal finds that there is space for the child and approves the request. But…the school district does not have to provide transportation after the end of the semester. 22-32-116, C.R.S. 22-32-116.
Same School Cont. 12 th graders: Can stay in the same school for the rest of the school year The school district probably has to provide transportation. 22-32-116, C.R.S. 22-32-116.
Same School Cont. Children who are homeless: Under McKinney Vento, have the right to stay in the same school (school of origin) if in their best interests. School of Origin = the school the child or youth attended when permanently housed or the school last enrolled. Once eligible, applies for remainder of school year or for period of eligibility. Transportation must be provided to remain in school. School of choice pending dispute resolution. 25
Same School Cont. Children in out-of-home placements: Under Fostering Connections, stay in the same school if it is in their best interests. When changing placements DHS must: Consider the appropriateness of the educational placement and the proximity of the school in which the child is enrolled. Coordinate with educational authorities to maintain childs school placement if doing so is in childs best interests. DHS can provide transportation using Title IV-E funds. See also Colorado HB 08-1019 – not very helpful 26
Same School Cont. Fostering Connections provides reimbursement for education-related transportation (Sec. 204): Act amends the definition of a Title IV-E foster care maintenance payment to include the cost of "reasonable travel" for transportation expenses related to allowing a child to remain in the same school he or she was attending prior to placement in foster care. This is now reimbursed at the Medicaid matching rate. Under previous law, states could seek Title IV-E reimbursement for travel related expenses as an administrative expense with a only 50 percent reimbursement rate. 27
All About… Enrolling in a New School Children in out of home placements: Fostering Connections: immediate enrollment…with all records transferred… Ambiguous timing for records. HB 08-1019: Sending school must transfer records within 5 school days, and receiving school must enroll within 5 days of receipt of records. Enrollment cannot be delayed due to missing immunization records. Guardian has 14 days to provide. Combined: a right to immediate enrollment, and records must be transferred in 5 school days. 28
Enrolling in a New School Cont. Children in out-of-home placements: House Bill 08-1019 created child welfare education liaisons in Colorado. Designated by each school district and state charter school institute Collaborating with child placement agencies, county departments, the state department, and schools Ensures proper school placement, transfer, and enrollment of foster children. The liaisons work with all parties to ensure a foster child remains in an educational situation that promotes stability. 29
Enrolling in a New School Cont. Children who are homeless: McKinney-Vento Immediate and appropriate enrollment in new school, even without records. Enrolling school must contact previous school to request records. If child has no immunization records, enrolling school must arrange for immunizations. Colorado implementation: C.R.S. § 22-33-103.5 30
Enrolling in a New School Cont. Children with disabilities: Under IDEA, districts are responsible for providing a free appropriate public education (FAPE) to all children with qualifying disabilities. No provision directly addressing prompt enrollment, but if they do not enroll the student, they are failing to provide FAPE. 31
All About… Fee Waivers Applies to children who are in out-of-home placements: Colorado HB 08-1019: schools and districts must waive fees for students in out-of-home placements. This includes, but is not limited to: Extracurricular activities and programs before, during, and after school Books and lab fees Template letter quoting the Colorado law that you can use to request fee waivers. C.R.S. §22-32-138 32
Fee Waivers Cont. Children who have disabilities: IDEA – does not waive fees, but note the free in FAPE. If something is provided for in the IEP as special education related service, it should be free, even if a fee would apply to other students. 33
Individuals with Disabilities Education Act (IDEA) 20 USC §1401 et seq See also 34 C.F.R. §300.00 et seq 35
Part C: 0 – 3 years old Part C: 0 – 3 years old Early Intervention Services through an Individualized Family Service Plan (IFSP) Early Intervention Services through an Individualized Family Service Plan (IFSP) Most challenging piece – transition to Part B Most challenging piece – transition to Part B Part B: 3 – 21 years old Part B: 3 – 21 years old 3-5 years old – Preschool 3-5 years old – Preschool 5-21 years old – K-12 5-21 years old – K-12 Special Education and Related Services through Individualized Education Program (IEP) Special Education and Related Services through Individualized Education Program (IEP) 36
IDEA: Child Find School districts have a duty to identify children with disabilities. School districts have a duty to identify children with disabilities. Any interested person can refer for evaluation: Any interested person can refer for evaluation: Pediatricians Pediatricians Caseworkers Caseworkers Parents Parents GAL/CASA GAL/CASA 37
IDEA: Child Find for 0 to 3 Year-Olds Responsibility for Child Find Evaluation: Responsibility for Child Find Evaluation: Public School District where child is living. Assessment completed by Early Intervention Multi- Disciplinary Team Public School District where child is living. Assessment completed by Early Intervention Multi- Disciplinary Team Can take several days for completion based on each childs individual needs Can take several days for completion based on each childs individual needs Required to be completed within 60 days Required to be completed within 60 days State Early Intervention Colorado State Early Intervention Colorado (888) 777-4041, www.eicolorado.org 38
IDEA: Transitions Pending Eligibility If child moves to different school district prior to assessments beginning, then must initiate a new referral. If child moves to different school district prior to assessments beginning, then must initiate a new referral. If child moves after assessments begun but not completed, then outgoing district can, but not required, to make a referral to receiving district for assessment completion. If child moves after assessments begun but not completed, then outgoing district can, but not required, to make a referral to receiving district for assessment completion. If child moves after assessment completed but eligibility not determined, incoming district can use the assessments to determine eligibility. If child moves after assessment completed but eligibility not determined, incoming district can use the assessments to determine eligibility. If child moves after eligibility determination, then transition meeting within 30 days. If child moves after eligibility determination, then transition meeting within 30 days. 39
Services under IDEA Part C : IFSP for Children 0-3 Years Old IFSP: Individualized Family Service Plan The IFSP process emphasizes services to meet the childs and familys needs and considers the resources, priorities, and concerns of the family. 41
Elements of IFSP Services delivered in a natural environment Can include services to support the family: Family therapist Dietician Speech/Language OT/PT Special Education Services Contact local school district 42
IDEA: Transitioning From Part C to Part B Part C services terminate immediately upon 3 rd birthday Funding streams change Begin ninety days prior to childs 3 rd birthday Part C coordinator is required to initiate transition to Part B 43
IDEA: Part B Eligible population: children with disabilities entitled to a Free and Appropriate Public Education (FAPE) from the age of 3 until they graduate high school or turn 22, whichever come first. Services are provided in the public school, homes, hospitals, treatment centers, and in other settings. 45
Special education and related services that: Have been provided at public expense, under public supervision and direction, without charge Meet the standards of the Colo. Dept. of Education Include an appropriate preschool, elementary school, or secondary school in Colorado Are provided in conformity with the Individualized Education Program (IEP). 46
Who Are Children With Disabilities? A Child With: Significant Identifiable Emotional Disability (SIED) Cognitive Disability Autism Specific Learning Disabilities Physical Disability (e.g., ADHD) Speech or Language Delays Deaf or blind Traumatic Brain Injury Other Health Impairments 47
IDEA Eligibility Should you make a referral for special education? Pros and cons?
If you make a referral: It is unclear whether CASAs and GALS can make the referral for an evaluation. To be on the safe side, try to get the signature of a parent, caseworker, or someone who works at the school. The referral itself can trigger some discipline protections You will get a template letter to use for making evaluation referrals.
Timeline for Eligibility Determination The school district has 60 days from the date they receive consent from the parent to make an eligibility determination. Referral consent This means the district has to complete the evaluation process and issue a decision about whether the child is a child with a disability.
Consent for Evaluation A parent must consent to the evaluation. Receipt of parental consent starts the clock on the districts timeline for determining eligibility. The template letter packet includes a letter to use for documenting consent.
Who is a parent under IDEA? A parent can be a foster parent, guardian, kinship caregiver, or a surrogate appointed by the school or court. Without a court appointment, the biological/adoptive parent is the parent IF they attempt to act as parent for IDEA purposes. 52
Response to Intervention (RTI) RTI is a tiered system of interventions to help children who are struggling in school to catch up. Lots of positives about RTI, but... RTI CANNOT be used to delay or deny an evaluation for special education. Experiences with this?
Following Up on Your Referral for a Special Ed Evaluation You will get a template letter to remind schools that they have 60 days from receiving consent to make an eligibility determination. This letter includes a memo from the U.S. Dept. of Education explaining that RTI cannot be used to delay or deny an evaluation.
Steps in the IEP Process 1. Identification 2. Evaluation 3. Eligibility Determination 4. Develop IEP We are here 5. Implementation 56
IEP = Individualized Education Program IEPs are written by an IEP Team Terminology
Eligibility: Child found to have a disability Right to FAPEFAPE = implement the IEP
Who Are the Members of the IEP Team? Parents Regular education teacher Special education teacher A representative of the school district who is qualified to provide special education services, knows the general curriculum and the districts resources Someone qualified to interpret evaluations impacting the childs Others who have knowledge regarding the child or services The student, where appropriate 59
When do you have an IEP meeting? Initial Initial Determination of eligibility Determination of eligibility Annual Review Annual Review Review of Progress, Create next years IEP Review of Progress, Create next years IEP Triennial Evaluation Triennial Evaluation Re-determination of eligibility Re-determination of eligibility Special Request IEP Special Request IEP Address specific concerns outside of annual review Address specific concerns outside of annual review Transition IEP Transition IEP Facilitates transitions from school to school or transfers in-state or out- of state Facilitates transitions from school to school or transfers in-state or out- of state 60
Elements of the IEP About the student: Present levels of academic achievement and functional performance Present levels of academic achievement and functional performance Measurable annual goals, including academic and functional goals Measurable annual goals, including academic and functional goals Short term or benchmark goals (advisable but not always required) Short term or benchmark goals (advisable but not always required) How progress will be measured How progress will be measured 61
Elements of the IEP cont. What school will do: Special education and related services, supplementary aids and services Special education and related services, supplementary aids and services Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education See 34 C.F.R. 300.34 for related services 62
More about Specific Services The IEP must include: Who will provide service Projected date service is to begin Frequency of the event How long the services will be provided Setting where the services will be provided 63
Elements of the IEP cont. What school will do, continued: Modifications and accommodations – in the general classroom and in standardized testing. Modifications and accommodations – in the general classroom and in standardized testing. The effective date of the IEP Once the child is 14 or will turn 14 in that year, transition services, continuing until the child turns 22 or graduates. 64
Elements of the IEP cont. What school will do, continued: The extent that the student will participate with the students without disabilities in the general education classes * LEAST RESTRICTIVE ENVIRONMENT * Removal from the regular educational environment only if education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 65
As Needed Parts of an IEP: Behavior Intervention Plan Starts with a Functional Behavior Assessment to determine the function of the misbehavior. Example: Jose talks and makes inappropriate jokes in math class in order to get attention from his peers and to avoid doing challenging work. Interventions include steps to redirect behavior and to address the function of the misbehavior in an appropriate way. Example: Stoplight: Joses teacher will give him green, yellow, or red score for each class. For a green score, he gets a small reward, e.g., food, stickers. For a week with no red periods, he gets 20 min. extra gym time. 66
Other As Needed Parts of an IEP: Assistive Technology Communication Plan Health Care Plan Crisis Plan Safety Plan 67
Write SMART Goals S pecific: List what you want your child to know and be able to do M easurable: Observe and collect data to show progress A ctive: Use action words R elevant: Target individual needs and interest T ime Limited: Identify what the child will learn in one year 70
EXAMPLE 1: Developing SMART Goals Problem: John struggles to express his frustration appropriately and often yells and cusses at teachers when things arent going his way.
Take 1: John will not cuss or yell at teachers 90% of the time.
Take 2: John will take a voluntary time out when he is frustrated instead of yelling and cussing.
Take 3: John will use 1 of 3 identified coping mechanisms when he feels frustrated 9 out of 10 times. (this is a pretty typical-looking goal)
Ideal Goal: John will learn and implement positive coping mechanisms to deal with his frustrations, as measured by the following objectives: John will work with the school counselor to select 3 strategies by the end of next month to use when he is feeling frustrated; By the end of the school year, 9 out of 10 times that teachers direct John to use one of his strategies, he will immediately select and use one of the strategies; John will avoid cussing and yelling the entire day for 19 out of 20 school days by the end of the year.
EXAMPLE 2: Your Cases Need: Need: Smart Goal: Smart Goal: Short-term objectives: Short-term objectives: Supports and Services: Supports and Services: 76
How to Prepare for an IEP Meeting Do your homework – get the childs records, review them, consult with the childs therapists, GAL, teachers if possible, and others. Consider writing a letter to inform the schools representative in advance of what issues youd like to discuss and what you hope to achieve. You will get a template for this type of letter.
MANIFESTATION: There are times when a students misbehavior is caused by, or had a direct and substantial relationship to, the childs disability. This is called a manifestation of the childs disability. Under the IDEA, children cannot be removed for more than 10 days for behavior that is a manifestation of their disability. 79 Discipline of Children with Disabilities
Manifestation is NOT about knowing the difference between right and wrong. If the conduct was the direct result of the schools failure to implement the IEP, it is considered a manifestation. 80
Whenever a school changes or proposes to change the placement of a student with a disability for disciplinary reasons, the IEP team must meet to review the relationship between the students conduct and the students disability. more than 10 days of suspension in school year = Change in placement (usually) 81
Manifestation Determination Review If the conduct WAS a manifestation of the disability, the school must conduct a Functional Behavioral Assessment (unless already done) and create or revise a Behavior Intervention Plan. The student must be returned to school, unless the parent and school agree to a change in placement as a part of the modification of the behavior intervention plan. 34 CFR § 300.530(f)(2) Sometimes the nature or frequency of the conduct may lead the team to conclude that the current placement is no longer the least restrictive environment. 82
Interim Alternative Settings This is an exception to the rule that children cannot be removed for more than 10 days for conduct that is a manifestation of their disability. Regardless of the manifestation determination, if the student: Had a WEAPON Had or used illegal DRUGS or a controlled substance Inflicted SEROIUS BODILY INJURY Then the student may be removed to an interim alternative setting for up to 45 school days
If the conduct was NOT a manifestation of the disability, the child can be disciplined like any other child, EXCEPT, even when suspended or expelled, children with disabilities are guaranteed FAPE. They must receive services starting on the 11 th day of removal for that school year.
IDEA: Appeals, Complaints & Mediation Forms and general information: http://www.cde.state.co.us/spedlaw/info.htm ** Especially take a look at the link called Dispute Resolution Options Table (5 th one down) *** State-level Contacts: http://www.cde.state.co.us/spedlaw/contact.htm Keep in mind, these procedures can take a long time. If its possible to resolve things at the district level, you are likely to get faster results for the child.
Discipline Rights for ALL Students (not just children with disabilities) Children have rights to at least minimal due process before being suspended from school. At the very least, an explanation of why the student is being punished and an opportunity to respond. School districts and schools must follow their own policies.
Colorado Law School must notify parent or guardian immediately of the suspension and arrange a time to meet to review the suspension. C.R.S. § 22-33-105(3)(a)
APPEALS A pupil suspended for a period of ten days or less shall receive an informal hearing by the school principal or the principal's designee prior to the pupil's removal from school, unless an emergency requires immediate removal from school, in which case an informal hearing shall follow as soon after the pupil's removal as practicable. Any pupil suspended for more than ten days shall be given the opportunity to request a review of the suspension before an appropriate official of the school district. C.R.S. § 22-33-105(3)(c)
Make-Up Work The school shall provide an opportunity for the student to make up school work while they are suspended. The school district determines how much credit to give for the make-up work. They should take into consideration that purpose of this law is to allow the student to reintegrate into school. C.R.S. § 22-33-105(3)(d)(3)
For More Colorado Discipline Law: C.R.S. § 22-33-105 and C.R.S. § 22-33-106
District Policies Go to your school districts website and look for school board and then policies. The discipline section is usually a subsection under students or pupils The subsections are in numerical or alphabetical order
School Policies Sometimes the student handbook is on the schools website, but often you will have to request a copy.