1. Foster/Adoptive Parents as Effective Advocates
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2. Welcome! Diana Davis Shultz, MS, LCSW Principal Education Specialist
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3. Material shipped to you

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

6. “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.”

7. AGENDA Introductions IDEA Advocacy Elements of Effective Advocacy
Websites
Evaluation

8. Introductions
Your name and hometown
One challenge

10. IDEA requires:
a free appropriate public education

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

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

13. IDEA requires:
Parent and teacher participation

14. 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 …

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

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

18. 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

19. Putting the evaluation results in place

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

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

22. 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

23. 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

24. 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.

25. What Do Advocates Do?

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

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

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

32. 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

33. 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!

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

35. 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

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

37. 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

38. 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)

40. 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)

41. Asking for Help

42. 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

44. 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