Foster/Adoptive Parents as Effective Advocates Display title screen.

Welcome! Diana Davis Shultz, MS, LCSW Principal Education Specialist For technical support, call: 1-800-810-1349

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The Americans with Disabilities Act was signed into law on July 26, 1990

“The unemployment rate for people with disabilities is outrageous “The unemployment rate for people with disabilities is outrageous. And a law isn’t going to change the attitudinal barriers. Probably at some point in their life, every kid today with some form of disability will encounter discrimination or stereotyping or bullying.”

AGENDA Introductions IDEA Advocacy Elements of Effective Advocacy Websites Evaluation

Introductions Your name and hometown One challenge

IDEA requires: a free appropriate public education

IDEA requires… a free, appropriate public education in the least restrictive environment

Eligibility criteria 25% delay in two or more areas 33% delay in one area 12-month delay in one area Eligibility criteria

IDEA requires: Parent and teacher participation

Part B PROCEDURAL SAFEGUARDS NOTICE New York State Education Department PROCEDURAL SAFEGUARDS NOTICE April 2014 Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) in New York State. The CSE/CPSE is responsible for developing recommendations for special education programs and services for your child. You must be given opportunities to participate in the CSE/CPSE discussion and decision-making process about your child’s needs for special education. The following information concerns procedural safeguards that are your legal rights under federal and State laws to be informed about and involved in the special education process and to make sure that your child receives a free appropriate public education (FAPE). A copy of this procedural safeguards notice must be provided to you …

Discuss concerns with caseworker Meet with teacher and/or principal Request in writing that child be evaluated

A Comprehensive Evaluation Developmental history Home or classroom observation Other assessments Psychological evaluation Educational evaluation

Classifications in NYS Autism Deaf-blindness Deafness Emotional disturbance Hearing impairment Intellectual disability Multiple disability Orthopedic impairment Other health impairment Specific learning disability Speech/language impairment Traumatic brain injury Visual impairment including blindness

Putting the evaluation results in place

The IEP takes into account: Evaluation Strengths/needs School test results Least restrictive environment

What if my child doesn’t have one of those 13 classifications?

The Difference Between IEPs and 504 Plans The Individuals with Disabilities Education Act (IDEA) requires an IEP Section 504 of the Rehabilitation Act of 1973 Federal civil rights law Child has any disability – may include learning, medical, or attention issues Federal special education law Child has one of 13 classifications

The Community of Services New York Department of Health Office for People With Developmental Disabilities (OPWDD) Committee on Preschool Special Education (CPSE) 3 to 5 year olds Early Intervention Program (EIP) for birth to 3 DDROs DDSOOs Committee on Special Education (CSE) 5 to 21 New York State Education Department (SED) Home and community-based services for 128,000 New Yorkers with DDs

This is a magnet school. We don’t do IEPs here. We don’t perform Functional Behavior Assessments for children exhibiting off-task behavior. FBAs are only for kids that are not nice. Maybe your daughter’s behavior issues are being caused by you telling her she has autism and she is emulating how she thinks someone with autism should act. I suggest not talking with her so much about her autism. Your child’s emotional disturbance is interfering with her academic performance so she doesn’t qualify for an IEP.

What Do Advocates Do?

START – STOP – CHANGE SECURE Advocates START – STOP – CHANGE SECURE .

Get set for success Set goals Let the child know you’re in their corner Partner with birth parents

Define and describe the problem Document Journal Research Video symptoms—if not upsetting to child

Get organized! Create a paper trail or digital record   Get organized! Create a paper trail or digital record Build a telephone directory Keep old calendars

Prepare for a meeting or conference Know who’s across the table Know your child’s legal rights Explain what you want—and possible solutions Be specific!

Take action Follow up Enlist supporters Be persistent and assertive Set a time frame and document results Follow the chain of command

Teach children to self-advocate When children are at least 8 years old: Teach them to recognize stress Practice stress management and relief Be sure their teachers will support them Rehearse what-ifs

What could go wrong? Foster parents should take care not to: Work at cross-purposes Give children competing messages Be intimidated by authority

Assertiveness is to advocacy as… Muscles are to Words are to Painting is to Skating is to Cooking is to an artist a chef a poet a body builder a hockey player

Assertive Communication When I… (saw/heard…[facts only]) I felt… because I…(need/want…) and now I… (action, commitment, or information you want/need) so that… (positive results the action, commitment, or information will bring to you/child)

When I… (saw/heard…[facts only]) I felt… because I…(need/want…) and now I… (describe the action, commitment, or information you want/need now) so that… (describe positive results the action, commitment, or information will bring to you/child)

Asking for Help

Advocacy Is: Knowledge Self-respect and respect for others Assertiveness Responsibility for own actions Changing the way things are by pursuing one’s rights Speaking up for oneself, others Resolving one’s own problems Taking charge of getting what one wants Being unafraid to get help if needed Protecting oneself and one’s child

Acknowledgement Disclaimer This document is provided under a contractual agreement between the   New York State Office of Children and Family Services Division of Administration Bureau of Training and Development AND State University of New York College at Buffalo Acknowledgement This material was developed by the SUNY Buffalo State, Institute for Community Health Promotion (ICHP), Center for Development of Human Services (CDHS) under a training and administrative services agreement with the New York State Office of Children and Family Services. Disclaimer While every effort has been made to provide accurate and complete information, the Office of Children and Family Services and the State of New York assume no responsibility for any errors or omissions in the information provided herein and make no representations or warranties about the suitability of the information contained here for any purpose. All information and documents are provided “as is,” without a warranty of any kind. Copyright © 2015 by the New York State Office of Children and Family Services