October 2018 Texas CASA Conference Educational Advocacy From A to Z

Big Picture Strategy 1 2 Educate Others 3 Collaborate Educate Yourself

Educational Challenges

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

Why are CASAs particularly poised to help?  

Working with Texas Schools

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.

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/FosterCareStudentSucce ss/liaisons/ TEA Foster Care Liaison Letitia Thomas- Letitia.Thomas@tea.texas.gov

Educational Advocacy 101

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.

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.

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/.

What can a CASA (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.

Educational Placement

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.

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.”

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.

Educate yourself, others, and collaborate: What can a CASA do? Educate yourself, others, and collaborate: 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?

Day to Day Education Needs

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

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.

5th- 8th – pass reading and math to be promoted. 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.

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).

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.

Special Ed and Section 504 services

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

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.

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.

§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.

School Readiness for the Young Ones

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

Post-Secondary Opportunities

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.

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

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).

Points of Contact Higher Education Higher Education FC Liaisons http://www.collegeforalltexans.com/apps/financi alaid/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/Yo uth_and_Young_Adults/Preparation_For_Adult_Li ving/PAL_coordinators.asp

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

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/M enu/MenuCPSa15000.asp Texas Foster Youth Justice Project http://texasfosteryouth.org/

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

Thank You!