1. Educational Advocacy for Crossover Youth
Presented by: the everychild integrated education & Legal Advocacy Project

2. Presentation Overview
Background
Educational advocacy for crossover youth
Special protections for foster and probation youth
School of Origin
Immediate Enrollment
Partial Credits
AB 167/216
School Discipline
Special Education

3. Background

4. Crossover Youth
Young people who come into contact with both the juvenile dependency system and the juvenile delinquency system
Very common for youth in the juvenile dependency system to “cross over” to the juvenile delinquency system for committing a crime or other infraction
Around 30% of foster youth will cross over into the juvenile delinquency system
A majority of youth in juvenile delinquency system have previous contact with the child welfare system
One recent national study found that over 90% of probation youth had previous contact with the child welfare system
An LA County-focused study showed that 4/5 of probation youth in suitable placement or camp had previous contact with the child welfare system
Previous contact=at least one referral
Average number of referrals=5.6

5. Why do foster youth cross over?
Unaddressed and misunderstood trauma, mental health needs, and other diagnoses
Leads to acting out and other problematic coping mechanisms that are criminalized (substance abuse issues)
Youth that change homes can struggle to obtain regular and appropriate mental health care and medication management
Criminalization of normal adolescent behavior
Especially a problem in group homes
Negative peer influences and a desire to belong
The School to Prison Pipeline

6. The School to Prison Pipeline
Defined: when children who get into trouble at school or struggle at school are funneled into the juvenile justice system
How?
Youth may break school rules and the school passes along the issue to the police
Now that many local schools have their own resource officers, even more common
Youth who are subject to out of school discipline (e.g., suspension or expulsion) end up getting in trouble without adequate supervision
Youth who are informally pushed out of school to alternative school placements that don’t meet their needs
Why foster youth?
Unaddressed special education needs
Negative associations with school and/or peer relation issues due to constant school moves
Lack of a strong parent advocate to fight to protect a youth’s rights
Once youth become involved in the juvenile justice system, a vicious cycle can start
Terms of probation require good grades, attendance, no fights, etc. but youth often still don’t have advocates to ensure they get services they need, so they remain on probation and lose hope
Youth on probation are discriminated against: denied enrollment in school, carefully monitored by school personnel to catch any mistake

7. Education Rights Holders
California law: every child under the juvenile or dependency court’s jurisdiction must have an individual that serves as their Education Rights Holder (ERH).
Having an active and involved ERH is key to educational success for crossover youth and to prevent or minimize impacts of school to prison pipeline.
ERHs make decisions about:
School enrollment
Graduation options
Special Education
School discipline

8. Who can be an Education Rights Holder?
Automatic:
Sometimes:
Never:
biological parents
relatives
social worker
adoptive parents
caregivers
probation officer
legal guardians
foster parents
group home staff
youth when they turn 18
mentors
attorney
Court Appointed Special Advocates (CASAs)
school staff
therapist

9. Changing Education Rights
When?
If youth’s current ERH is not available, not responsive, or acting against the youth’s interests
How?
Youth’s attorney in in dependency or delinquency court can ask the court for a change
What else?
Think about this when a youth is changing placements (especially from one foster home to another)
Consider who would be the best to serve in this role (who knows the youth well and will be a continued presence in their life?)
There can be two ERHs at one time

10. Foster and probation youth-special protections
Why do extra rights exist for these youth?
Court-involved youth face unique challenges
They move homes often
They change schools often
Every time a youth moves, studies show they lose 4-6 months of academic progress
They miss lots of school for court, counseling, doctors visits, etc.
They often have poor education outcomes for all of these reasons AND more
Who is eligible?
All youth with an open foster care court case
All youth with an open delinquency court case
How do you enforce these laws?
You can file a compliance compliant with the California Department of Education to make sure schools are doing right by these youth

11. School Stability

12. What is a School of Origin (”SOO”)?
Youth may continue attending (or return to) a school as their “SOO” even after moving homes if it is in their best interest.
What is a SOO? 3 definitions:
The school the youth was attending when their dependency or delinquency case opened
The school the youth most recently attended
Any school the youth attended in the last 15 months to which they felt a connection
But what about transportation?
Caregivers (but not biological parents) entitled to reimbursement
Ask DCFS social worker or probation officer
Group homes should provide
Federal law requires transportation plans (interim plan in place in LA County)
Ask the youth’s school district about how they can be transported

13. What else to know about SOO
Every time a youth is potentially changing placements, DCFS and probation must consider school stability
When a move that would change the youth’s school is going to occur, youth, youth’s attorney, and youth’s ERH must be notified
If there is a dispute about SOO, the youth has a right to remain in the SOO pending a hearing
This law applies to all public schools including comprehensive, magnet, charter, and alternative schools
Even applies to charter schools with a lottery system

14. Changing Schools

15. Immediate Enrollment
Foster and probation youth have the right to attend their local comprehensive school
Schools cannot keep youth from enrolling because they’re on probation or have just been released from camp!
They must be enrolled in the SAME or EQUIVALENT classes that they were taking at their last school (not all elective classes!)
To make transition smooth
To decrease loss of learning from move
To help them graduate
Less than 60% of foster youth graduate from high school in the state of CA, this law is intended to help make this number better!
They may immediately enroll (immediate=immediate)
No matter when they seek to enroll during the school year
Without documents normally required for enrollment
Transcripts, immunization records, etc.
Unless they’ve been expelled from this school or are under an expulsion order

16. Alternative Schools
Foster and probation youth cannot be forced to attend an alternative school
Types of alternative schools:
Continuation
Even though districts are more aware of legal right to attend comprehensive school, foster and probation youth often still funneled into alternative schools because:
Intended for students 16 years and older
Designed for students at risk of not graduation high school
Credit recovery programs
Community Day School
“He has always been in an alternative school.”
Mostly for expelled students
More security and supervision
“She has not been successful in a comprehensive school.”
Independent Study Program
“He needs a smaller setting.”
Few hours with teachers; often students work independently on packets
“She will find it hard to adjust at the comprehensive school since she’s starting mid-semester.”
What to look out for with alternative schools
Limited special education services
“He needs credit recovery.”
Limited ELL services
Limited extracurricular activities (including sports)
A couple of hours a week with a teacher
Often used as a place to put students with challenges

17. Partial Credits
Foster and probation youth have a right to earn partial credit (or full credit) for the work they complete at each school
Youth earn credit for classes they were passing when they moved
Youth earn credit based on their attendance in each class
Each school district has their own partial credit policy (average: class periods=1 credit)
Keep in mind: calculation of partial credits should be done on last day youth attended school (not last day of “enrollment”), so they are not penalized for missing assignments when they already left the school
When a youth moves, his previous school must issue partial credits on a transcript and send them to the new school
When a youth enrolls in a new school, that school must accept the partial credits from the previous school
Transcripts with partial credits on them cannot be withheld due to a failure to pay fees, fines, or textbooks
This law DOES NOT apply to charter school. They may elect to issue partial credits, but are not required to (keep this in mind when advising a foster or probation youth to attend a charter school)

18. Graduation options

19. Assembly Bill(s) 167/216
If a foster/probation youth transfers schools after his/her second year of high school, and cannot reasonably complete local school district graduation requirements within the 4 years of high school, s/he has a right to graduate under the minimum state graduation requirements.
Once eligible, it is up to the ERH to determine whether it is in the youth’s best interest to exercise this right.
Remember, once youth turn 18, they are automatically their own ERH, so they make this decision
Key considerations:
Graduate with their peers on time with a regular district diploma.
Not eligible for UC or CSU if only completing state minimum.
Might not be the best choice for youth who are performing far below grade level or who have special education needs.

20. What else to know about AB 167/216
Youth/their ERH can elect a 5th year to complete the local school district requirements.
Once certified as eligible, youth/their ERH can elect to use this option at any time or pursue the local district requirements at any time.
This means youth cannot be “locked in” to this option.
A school district may allow a youth to remain at their local comprehensive school to finish the AB 167/216 requirements (but this is not currently required by CA law).

21. AB 1124: Juvenile Court Schools
If a pupil satisfies state graduation requirements while attending juvenile court school, the County Office of Education must issue diploma.
Juvenile court schools: juvenile hall schools, camp schools, etc.
AB 1124 allows the pupil’s ERH to decide to have youth complete coursework to meet COE diploma requirements and receive diploma once released.
This is intended to help with the issue of youth just “sitting around” while they are in placement even though they may have been entitled to their diploma.

22. Graduation and court involvement
Judges often keep youth on probation until they graduate from high school.
This means youth may have fulfilled all other terms of probation, but they remain on probation (or even in placement or detained) until they graduate.
Important to discuss with youth graduation planning so that they feel empowered to move forward and get off of probation.
Key to stress implications of electing AB 167/216 for youth expressing an interest in 4 year college.

23. Other graduation options
High School Equivalency Test (HiSET)
GED
Adult school diploma

24. School Discipline

25. What does school discipline look like?
School push out
Involuntary transfers
Suspension
Expulsion

26. Involuntary Transfers
Involuntary transfer to alternative school:
Continuation:
Have met certain requirements for transfer: subject to school discipline, attendance issues, AND other means of correction have failed to change behavior
Right to a meeting to argue case against transfer in front of school district staff not from the school where the student attends
No appeal rights
Community Day: formal expulsion with hearing; referred by probation; referred by student attendance review board
This is a process where the youth is removed from school, but there is no expulsion
What does this mean?
No expulsion rights!
No expulsion on the youth’s record (can be more beneficial for a youth when they try to enroll in a new school if there is no expulsion order).
No expulsion on the school’s record (schools are held accountable by the state for their school discipline record).

27. School push out
Crossover youth are often pushed out of comprehensive schools (or prevented from enrolling) because they have a history of school discipline or because they are on probation
Foster youth are over-represented in continuation schools
Voluntary Transfer
Should be a formal process done in the best interest of the youth
Most districts don’t have a policy or don’t follow one, which violates the law
What does this look like?
Instead of implementing or utilizing resources to address a discipline concern, school officials may recommend a “fresh start” at an alternative school
The school tries to require records first before the youth enrolls (so that they can see if the school is a “good fit”)

28. Suspensions
Youth can only be suspended for specific activities, including fighting, drugs/alcohol, and possessing weapons. Students cannot be suspended for tardiness or absences.
General education youth can only be suspended for up to 5 days in a row (unless recommended for expulsion) and 20 days total for the entire school year, unless they transfer schools. Special Education youth can only be suspended for up to 10 days per school year.
Before being suspended:
The school must show that they have tried other interventions to correct the troubling behavior.
Youth and their education rights holder have a right to an informal conference with the Principal.
ERHs should ensure that the school always documents suspensions in writing.
Informal suspensions or telling the youth to just go home problematic because:
This does not trigger certain protections (SPED).
This does not go in the student’s record, which can be used as evidence for a SPED assessment or additional services.
School is not held accountable for disciplining youth by the state department of education.

29. Expulsions
In most cases, a decision to expel a student cannot be made without first showing that: (1) interventions failed to improve the youth’s behavior; and/or (2) the youth’s attendance at the school is dangerous.
Regardless of any other criteria, a youth is subject to expulsion if he had a gun, knife, drugs, explosives or committed a sexual assault.
Youth do not have to discuss an incident with school officials/police or write a formal statement. This violates their right against self-incrimination.
Especially important to keep in mind given the school to prison pipeline and that this information could lead to charges in the juvenile delinquency court.
This information can also be used against youth who are already on probation to paint them in a negative light to the judge.
Youth have a right to a hearing before they are expelled, where they can present witnesses/evidence and be represented by an attorney.
If expelled:
Youth continue to have the right to an education, but typically must attend a community day school or juvenile court school.
Youth must be given certain conditions to meet that will allow them to apply for re-admittance within 1 year.
A youth is not “expelled” when their dean or principal tells them they cannot return to the school.
Especially important given how prevalent school push out is for these youth!

30. Special Education

31. Special Education: Background
The Individuals with Disabilities Education Act (IDEA) says that children who have disabilities preventing them from benefitting from their education are entitled to special education and related services.
The child’s services plan is documented in an “Individualized Education Program”
The key word is INDIVIDUALIZED
The IEP must provide for an the school must implement a Free, Appropriate, Public Education (FAPE)

32. How does a child get an IEP?
ASSESSMENTS/EVALUATIONS
A child must be assessed and an evaluation conducted to determine if the child is eligible for SPED services.
ANYONE can request an assessment!!!
The legal standard for assessment is low: suspicion that the child has a disability
The child’s ERH must agree to the assessment by signing an assessment plan listing all the assessments to be conducted and who will conduct them

33. Common Assessment Types
Psycho-Educational, including:
Cognitive/IQ
Academic
Psychological processing including visual, auditory, sensory motor and attention processing
Social, emotional, behavioral
Health including hearing and vision
Speech and language by a speech and language pathologist
Fine motor and/or sensory processing by an occupational therapist
Functional Behavior Assessment (FBA)
Educationally Related Mental Health Services (ERMHS) or Educationally Related Intensive Counseling Services (ERICS) Assessment.

34. Key Timelines
From the date the school receives the written request, it has 15 calendar days respond in writing by:
Producing an assessment plan OR issuing a written refusal to assess explaining WHAT, WHY, WHAT will be done INSTEAD.
The ERH has 15 calendar days to review, sign, and return the assessment plan.
Assessments must be completed and an IEP held 60 calendar days from the date the ERH signed the assessment plan

35. The IEP Meeting Types of IEP Meetings Initial: is this youth eligible?
Annual: to review yearly progress; how is this youth doing?
Triennial: to re-assess youth’s needs; what do new assessments show?
Amendment/addendum: ERH or school can request to modify existing IEP; what needs to change right now?
Must be held 30 days after ERH requests meeting.
Manifestation determination: when a youth with an IEP is suspended for 10+ days or recommended for expulsion; was the reason for discipline a “manifestation” of the youth’s disability?
30 day/transfer: to review options in new school district; how will the new school implement the IEP?

36. The IEP Meeting (continued…)
Eligibility: only one category needed to be eligible; does not limit student to specific placement, service, or therapy. Most common eligibilities:
Other Health Impairment
Emotional Disturbance
Autism
Intellectual Disability
Specific Learning Disability
Speech and Language Impairment

37. The IEP Meeting (Continued…)
Placement options: legal requirement to place youth in the least restrictive environment (LRE)
General Education
Resource Specialist Program (RSP) or Specialized Academic Instruction (SAI) Collaboration
When there is a RSP/SAI teacher in the general education classroom assisting most or all students
RSP/SAI Push-in
When a RSP/SAI teacher “pushes in” to the general education classroom to provide assistance to a particular student or students
RSP/SAI Pull-out
When a RSP/SAI teacher “pulls out” a student from the general education classroom to provide specific assistance
Special Day Class (SDC)
Self-contained classroom environment for students with higher level of need
Non-public school (NPS)
Home hospital
Residential

38. The IEP Meeting (continued…)
Goals: a student must have annual goals to measure whether or not they are making progress in all identified areas of need
Services: some, but not all, services that might be in an IEP so that a student can meet their goals:
Psychological (DIS) counseling
ERMHS/ERICS therapy
Speech and language services
Occupational therapy
Vision therapy
Transportation
Extended school year
Accommodations: students may require accommodations in order to access the curriculum and achieve their goals. These can include:
A one-to-one aide
Additional time on tests or a quiet testing environment
Breaks from instruction

39. Consent and next steps Only a youth’s ERH may consent to an IEP!
They do this by signing the document or providing a written consent letter
Consent can be:
Full
Partial
For implementation purposes only
An ERH does not have to consent to the IEP; disagreement should be specified on the IEP document
If the IEP remains unsigned, the previous IEP must be followed
Next steps:
If ERH does not agree to any or all of the IEP, they can:
Request independent education evaluations
Engage in Informal Dispute Resolution
File a Uniform Complaint with the CA Department of Education
File a lawsuit (Due Process) against the school district and go to a hearing in front of a judge to discuss the dispute
Note: there are appeal rights!

40. Questions?

41. Community Resources Center for Juvenile Law and Policy (213) 736-8339
Learning Rights Law Center 
(213) 489 – 4030
Alliance for Children’s Rights
(213)
kids-alliance.org
Public Counsel
(213)