© 2006 CDHS/Research Foundation of SUNY/BSC. Welcome – From the Classroom to Careers 2009 1.

© 2006 CDHS/Research Foundation of SUNY/BSC.

Welcome –From the Classroom to Careers

2009

1

© 2006 CDHS/Research Foundation of SUNY/BSC.2

Transition to Adulthood: Special Education

Transition Services

Alis Sefick, MHEdAdolescent Services Resource Network (ASRN)Center for Development of Human Service (CDHS)


NAVIGATING SPECIAL EDUCATION

A Child Welfare Training to Address the

Special Education Needs of Children in

Foster Care

Judy M. Gerber, Esq., Adjunct FacultySchool of Law, SUNY Buffalo


Presentation objectives…

Present information regarding transitioning youth with special needs from high school into the community to higher education or vocation

Review some terminology regarding special needs youth Review laws and regulations re: transitioning Define transitioning special needs youth Identify roles and activities required for transitions and “best

practice” Brief overview of Special Needs in Higher Education and

Vocation


Transition to Adulthood: Special Education Transition Services

Under IDEA…

Children age 15 and up are entitled to services to promote movement into adulthood


The History of the Individuals with Disabilities Education Act

(IDEA)

1975 - Congress passed the The Education for All Handicapped Children’s Act (PL 94-142)

1991: Congress reauthorizes law as the IDEA

1997: Congress reauthorizes, with major revisions

2004: Congress reauthorizes and amends law, with new provisions that particularly affect children in child welfare system


The IDEA: A Federal Framework for Special Education

Provides federal funding to states (all 50) which provide special education under IDEA (consistently falling short of promised funds)

Establishes detailed framework for identifying children with disabilities and providing special education

Each state has unique system of providing special education, within IDEA framework


The Key Principles of IDEA


A Guarantee of FAPE

Free: at no cost or charge to the parent

Appropriate: individualized program conferring reasonable

(not minimal or maximal) benefit

Public: program and placement at public expense and under public supervision; may be in private setting

Education: specially designed instruction to meet unique needs of student in variety of settings. Special education broadly encompasses academic, physical, social/emotional and other areas of needs related to school. Includes physical education and transportation.


Transition to Adulthood: Special Education Transition Services

Under the IDEA, “transition services” are

“a coordinated set of activities for a student with a disability, designed within a resulted oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities…”


Transition Services facilitate movement into post-school activities that include:

post-secondary education, vocational training, integrated employment (including

supported employment), continuing and adult education, adult services, independent living, or community participation.”


Age Requirements

For those students beginning not later than the first IEP to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually,


Required IEP (Individual Education Plan)

Content for Transition Services….First some review….


The Committee on Special Education

Administrative body in school district responsible for special education decisions

Conducts initial and annual review of child, recommending eligibility for services and IEP

Schools may have CSE or “sub-CSE” (in NYC, different names may be used, but carry out same function)

Technically, the CSE makes recommendation to Board of Education, but in practice, Board rarely declines to approve an IEP (if so, may return matter to CSE for further review; may even appoint a new CSE!)


The Committee on Special Education: The Members

Parent of student Supervisor/provider of special education knowledgeable about

general curriculum and school resources (typically the CSE “Chair”)

School psychologist Student’s regular education teacher Student’s special education teacher(s) or, if appropriate,

service provider Parent of a school-aged child in district who has a disability (the

“parent member”) or parent of a child who has been declassified or graduated within the last five years.

School physician, upon request Others with knowledge or expertise regarding child, invited by

parent or school district


Who is the parent of a child in foster care? The Shared Parenting Concept

“Shared Parenting” is typical for children in foster care

Parent Roles are assumed and shared by:– Birth or adoptive parents– Foster parents– Kin and family resources– DSS and/or child welfare agency personnel


The Definition of Parent under New York Special Education law includes:

Birth or adoptive parent Person in parental relationship (defined in NY Ed. Law section

3212) Person in parental relation designated by the child’s parent under

NY General Obligations Law. This includes persons designated who are acting in place of the birth/adoptive parent (including grandparent, stepparent or other relatives with whom child resides)

Guardian (but not the State if the child is a ward of the State) Surrogate parent appointed under special education regulations Foster parent (unless prohibited by NY law, regulations or contractual

obligations) Person(s) identified by judicial decree or order to act as the parent

or make educational decisions on behalf of student


The CSE Mission: Designing an Individualized Education Program (IEP)

The IEP, in a detailed fashion, identifies the child’s performance, needs, and

measurable goals Identifies the child’s school placement, program and

services (that is, all special education resources provided to the child)

Imposes a legal duty upon school districts to provide all programs, services, aids and accommodations, etc., listed in the IEP


The CSE Meeting: Determining Student Eligibility for Services

The Inquiry:

Does the student fall within one of the 13 classifications of disability?

Does the child need special education?


13 Special Education School-Aged Classifications

Deafness Deaf-blindness Emotional Disturbance

(ED) Hearing Impairment Learning Disability (LD) Mental Retardation (MR) Autism Multiple Disabilities

Orthopedic Impairment Other Health

Impairment (OHI) Speech or Language

Impairment (SLI) Traumatic Brain Injury Visual Impairment


Required IEP Content for Transition Services

a statement of the student’s transition needs, taking into account the student’s strengths, preferences and interests;

appropriate measurable postsecondary goals based on age

appropriate transition assessments relating to:

– training, – education, – employment and, – independent living skills, where appropriate


Required IEP Content, cont.

a statement of the transition service needs of the students that focuses on courses of study, such as participation in advanced placement courses or a career and technical program;

needed activities to facilitate the student’s movement from school to post-school activities; and

a statement of responsibilities of the school district

and, when applicable, participating agencies for the provision of transition services.


The transition services activities must include:

(1) instruction;

(2) related services;

(3) community experiences;

(4) the development of employment and other post-school adult living objectives; and

(5) when appropriate, acquisition of daily living skills and functional vocational evaluation.


Vocational Assessments

NY mandates a vocational assessment of children age 12 or older in special education.

Mandated assessment includes “a review of school records and teacher assessments and parent and student interviews to determinate vocational skills, aptitudes and interests.

This mandated assessment is a broad screening, known as a “level 1” assessment.”


Further In-depth Vocational Assessments can be requested

Level 2: an exploration, which involves collecting vocationally relevant information by administering inventories, assessments and other forms of data collection

Level 3: a comprehensive vocational evaluation, which can include situational assessments and on-the-job evaluation of skills, needs and interests


Mandated “invitees” to a CSE meeting to discuss transition services

Parent Student (If the student does not attend, CSE must

take steps to ensure the student’s preferences and interests are considered.)

Representatives of agencies likely to be responsible for providing or paying for transition services (If a representative doesn’t attend, the school must make efforts to involve the agency in the planning of any transition services.)


Notice of CSE Meetings

CSE must give parents written notice of meeting at least 5 days before meeting

Notice must include, among other things:– Purpose, date, time and location– Name and title of those expected to attend– Indicate parent has right to participate as a

member


A reminder….Student Rights to Access Records

Parental rights under FERPA transfer to the student at age 18 or when the student attends an institution of postsecondary education


Transition Services Planning is Creative and Collaborative

Services can be provided in and out of classroom Services can be provided in and out of school in all

kinds of settings Services can be provided by teachers, mentors,

business people, craftspeople, artisans, coaches, entrepreneurs, professionals, etc.

Services can be provided by schools, public agencies and private agencies


What if participating agency fails to deliver services or do its part?

The CSE must reconvene to determine another course of action to address the child’s transition service needs


Linking Youth to Adult Services

CSE plays role in linking to services CSE must notify parents of certain students (generally

those with intense needs/severe disabilities) who may need adult services of the opportunity and procedure for obtaining a State agency determination of the student’s need for adult services and a recommendation of appropriate programs

With parental consent, CSE may send information on student to OMH, OMRDD, OCFS or NYSED

The CSE duty complements that of local social service districts


Transition: An Opportunity (often lost) for Collaborative Planning between Child Welfare

Agencies and Schools

Child welfare laws require services to prepare foster youth with independent living skills

Child welfare agencies and schools often do not coordinate


Federal Child Welfare Law: John H. Chafee Foster Care Independence Act

Federal law that promotes independent living in housing, employment, education, health and traditional life skills

Does not mandate services, but provides funding to States for such services

State allots Chafee funds to initiatives around NYS


NYS Education and Training Vouchers

Funded through Chafee

First come-first served basis, offers vouchers to foster youth and former foster youth to help attend colleges, universities and vocational training institutions

Provides up to $5,000 to use toward tuition, books or qualified living expenses

On-line applications at www.statevoucher.org/state.xhtml?state=NY


NY Permanency Bill: Child Welfare Duties Overlap with Special Education

NY Permanency Bill requires that children, age 14 and over receive services and assistance to enable them to learn independent living skills

Permanency Hearing Reports must include a description of the services and assistance provided to child


Special Needs in Higher Education

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Section 504 of the Federal Rehabilitation Act

Applies to federally funded organizations/agencies

Two purposes:

1. Antidiscrimination

2. Reasonable Accommodations


Americans with Disabilities Act (ADA)

patterned after Section 504. requires that students with disabilities may not be excluded

from participation in, or be denied the benefits of, or be

subjected to discrimination by any institution which is subject to the ADA.

does not require that the institution receive federal financial assistance.


Who is protected?

Any individual who has a physical or mental impairment which substantially limits a major life activity;

has a record of having such an impairment; or is regarded as having such an impairment is protected by the law, as discrimination has many faces.

Most students – with impairment which presents a substantial limitation to a major life activity

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A postsecondary institution must…

make reasonable accommodations in order to provide students with disabilities an equal opportunity to participate in the institution’s courses, programs and activities.

Includes extracurricular activities. Colleges must make “academic adjustments”

to ensure that a student has an equal opportunity to participate.

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Academic adjustments mayinclude:

extended time for test taking, completion of course work or graduation;

tape recording of classes; substitution of specific courses to meet degree

requirements; modification of test taking or performance

evaluations so as not to discriminate against a person’s sensory, speaking or motor impairments, unless that is what is being tested.

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A college or university must also provide:

“auxiliary aids and services,” such as qualified sign language interpreters, notetakers, readers, braille and large print materials, and adaptive equipment.

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Institutions are not responsible for providing:

personal services such as attendants, hearing aids, glasses, etc.

Tutoring, unless the school provides tutoring to other students, in which case it must make that tutoring program accessible to students with disabilities.

accommodations that would “fundamentally alter” the educational program or academic requirements which are essential to a program of study or to fulfill licensing requirements.

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Key point!

purpose of the IDEA is to ensure that students are successful in the K-12 system whereas the ADA and Section 504 only ensure access, because success in college is up to the student!

responsibilities of the student and of the school are different at the post-secondary level

Disabled Student Services in Higher Education [[email protected]]

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Special Needs in Vocation

Job Accommodation Network: Resource for Workplace Productivity Enhancements and Reasonable Accommodation Solutions http://www.jan.wvu.edu/

http://www.abledata.com/

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October isNational Disability Employment

Month

“Expectation + Opportunity = Full Participation” urges employers to embrace the richness of America's

diversity by considering the talents of all workers, including workers with disabilities

emphasizes the vision of the Labor Department’s Office of Disability Employment Policy (ODEP): a world in which people with disabilities have unlimited employment opportunities.

http://www.dol.gov/odep/media/press/theme.htm

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The Role of the Child Welfare Workers includes:

Oversee the process Participate in educational and vocational planning Attend formal CSE meetings & informal school

meetings Ensure the child has a legal “parent” who is doing the

job required Monitor school compliance Report to the court Advocate for the child Facilitate discussion and advocacy


A Change of Pace: The Art of Arm Wrestling

Directions:

Arm wrestle for a full minute. Each time you push the other person’s arm down to the table, you will win an M&M. Good luck!


Victory for All: Finding “Win-Win” Solutions

Theory of Principled Negotiations: “Getting to Yes”

Identify your own interests

Identify other person’s interests

Look for options for “mutual gain”: How can we both win?


Principled Negotiation: The Win/Win Approach

Separate the people from the problem Identify interests versus positions Find common interests Develop options for mutual gain Look for objective standards Identify your best alternative to a negotiated

agreement (BATNA)


Communication Strategies

Listen carefully and respectfully Use positive body language Use a positive tone of voice Reframe: State another person’s view in a more positive

way (e.g., instead of “the teacher is incompetent,” “it is a challenge to for the teacher to find effective tools to work with Joe”!)

Ask questions Avoid accusation, blame, etc. Keep the youth uppermost in your mind. The youth may

suffer because of your lack of control.


Being a Good Advocate: The Essential Elements

Be prepared: know the youth, know the facts, know the law

Know school and community resources Communicate effectively Learn how to use “principled negotiation”

strategies


NAVIGATING SPECIAL EDUCATION

A Child Welfare Training to Address the

Special Education Needs of Children in

Foster Care

Judy M. Gerber, Esq., Adjunct FacultySchool of Law, SUNY Buffalo

© 2006 CDHS/Research Foundation of SUNY/BSC. Welcome – From the Classroom to Careers 2009 1.

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Transcript of © 2006 CDHS/Research Foundation of SUNY/BSC. Welcome – From the Classroom to Careers 2009 1.