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Supporting the Educational Needs of

Children and Youth

Julie Incitti, Julie Majerus, Eva ShawDPI - Education Consultants

Breathing Focus

Welcome!

Learning Objectives

• Know protocols and strategies for two-way communication

• Understand the roles of schools and county child welfare workers

• Understand public school regulations and requirements

• Learn engagement strategies

• Learn strategies for supporting students and families in the IEP process

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Racism, Violence, Oppression

Educational Outcomes in OHC

Only 3% -11% will attain a bachelor’s degree.

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Shared Mission = Successful Kids

DCF Vision: All Wisconsin children and youth are safe and loved members of thriving families and communities.

DPI Vision: Every Child a Graduate, College and Career Ready.

The School Mental Health Framework: What’s in it?

Full Document:http://dpi.wi.gov/sspw/mental-health/framework

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Early Identification

School Mental Health “Referral Pathway”

https://dpi.wi.gov/sspw/mental-health/framework/referral-pathways

Three Steps for Becoming Supporters of Mental Wellness/Resilience

1. Get Curious 2. Establish Connections 3. Co-Plan

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School-Child Welfare Collaboration

Consider your collaborations • Where are there strengths?

• Where must there be improvements?

• What could YOU do to address these areas?

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Know Your School-Speak

Frequently Used Education Acronyms/Terms in Special Education

PBIS, TSS, SEL, OSS, ISS, MLSS, FBA, BIP, LEA...

Supporting Students and Families through the

Special Education Process

Let’s meet Johnny

Johnny is an 8 year old student who has been placed out of home care due to behavioral issues and parental challenges. He has been placed in a foster home in the district adjacent to his home district. In his prior district, Johnny had been having increasingly frequent behavioral problems, resulting in both in-school and out of school suspensions. Johnny’s parents still have the authority to receive information about him and to make decisions about him.

The child welfare worker suspects that he may have a disability that requires specially designed instruction, aka Special Education.

Keep Johnny in mind as we cover the following information.

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Referral for Suspected Special Education Needs

• Must be submitted in writing to school district

• Anyone may refer a student; must inform parents first

• Check with Special Education Department for local procedures

• Referral must include reasons why you suspect the child has a disability -clearly describe academic concerns, functional needs, etc.

• Unless otherwise specified by the court, the child’s parents are the ones who provide or deny consent for evaluation and for placement

Free and Appropriate Public Education (FAPE)

The Individuals with Disabilities Education Act (IDEA) guarantees the right to a free and appropriate public education (FAPE) for students with disabilities.

● For students in various systems, FAPE responsibility determination has some nuance and complexity

● Consult on cases where FAPE responsibility is disputed

● Sometimes a Best Interest Determination is necessary under ESSA to determine where student should enroll/remain enrolled (we will talk more about this later)

● From: FAPE Responsibility by Residence https://dpi.wi.gov/sites/default/files/imce/sped/pdf/residency-fape.pdf

Initial Referral - Johnny

Who should the case worker contact regarding their concerns about Johnny’s possible disability?

Which school district is required to address their concerns?

Who is considered the parent in this situation?

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IMPORTANT!

Make sure that if you make a referral, that you don’t focus on a given disability area.

Instead, what are the observed student NEEDS that are prompting the referral?

Discuss Student Need

Areas of Impairment

• Autism• Intellectual Disability• Emotional Behavioral

Disability• Hearing Impairments• Orthopedic Impairments• Other Health Impairment

• Significant Developmental Disability

• Speech/Language Impairments• Specific Learning Disabilities• Visual Impairment• Traumatic Brain Injury

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Comprehensive Evaluation

IDEA requires that the special education evaluation is comprehensive to allow the IEP team to determine eligibility and identify the needs of the student, whether or not commonly linked to student’s identified impairment category.

The DPI Special Education Team is working on new guidance documents and training regarding Comprehensive Special Education Evaluations.

*Business Days means Monday through Friday except for State and Federal Holidays

IEP Team Members

• Parents

• General Ed Teacher

• Special Ed Teacher

• LEA Representative

• Occupational, Physical, Speech-Language Therapists, if needed

• Student (encouraged to attend, must be invited by age 14)

• Additional school personnel - School Psychologist, School Social Worker

• Others by invitation of parent

Parent Document: https://dpi.wi.gov/sites/default/files/imce/foster-

care/BRANDED_Parent-PersonActing-Surrogate.pdf

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Back to Johnny

While the case worker has been invited to the IEP team meeting, Johnny’s parents want their neighbor to join them at the meeting - is this allowed?

The foster parents would like to be part of the IEP team - is that allowed?

Determine Eligibility

IEP Team will:

• Review and discuss results of assessments

• Determine if student meets criteria for an impairment area

Need for Special Education

After IEP team makes a determination of eligibility, must ask:

• Does the student’s learning needs rise to the level of requiring Specially Designed Instruction (e.g., Special Education)?

If yes, student is a ‘student with a disability’ and IEP is developed.

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College and Career Ready IEPs

CCR IEP = College and Career Ready Individualized Education Program (IEP)

For all public school students ages 3 through 21 eligible under IDEA

An Individualized Education Program developed to

• meet the unique disability-related needs of the student• enable the student to access, engage, and make progress in the general education

curriculum• help ensure the student graduates ready for further education, work, and living in

the community

Emphasis on improving outcomes (compliance and results)

*Business Days means Monday through Friday except for State and Federal Holidays

Communication Options for FamiliesThere is information and options available if parents have questions or disagree with a decision of the school:

● Procedural Safeguards Notice

● Handout: Communication Options for Families

● Contact the DPI Special Education Team ○ (608) 266-1781○ Submit a completed Contact Form

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Additional Considerations

• Bulletin 06.02: School Discipline

• Bulletin 07.01: Behavioral Needs of Students with

Disabilities

• Bulletin 14.02: Manifestation Determination

• Bulletin 14.03: Shortened Day

• FBA and BIP Toolkit (currently being updated)

• FAQ on Seclusion and Restraint

Back to Johnny

Johnny’s parents are not happy with the results of the special education evaluation. They feel the school evaluation team did not do a proper job of evaluating him.

What additional options do they have?

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Independent Educational Evaluations (IEE)

IEE - An evaluation conducted by a qualified examiner who is not an employee of the child’s school.

• A parent-initiated IEE may be either at the expense of the child’s parents or at public expense (at no cost to the parents).

• A due process hearing officer may order an IEE. An IEE ordered by a due process hearing officer must be at public expense.

• Information Bulletin 99.02

Quick Review

SECTION 504

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

Students who qualify under Section 504 have a physical or mental impairment that substantially limits a major life activity.

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SECTION 504 (continued)

Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

● IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds.

● Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

Tying it Together

• Where do you see your sphere of influence in supporting the education of students with IEPs?

• How would you leverage what you have learned today to effectively partner with school teams to support the educational needs of children?

Scavenger Hunt Review

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Some of the Laws Public Schools Must Follow

Why is This Helpful?

• You may hear different information from different school districts and different people

• Knowing the laws helps clear up misunderstandings and confusion

• You can help parents and OHC providers navigate the system

• Makes it easier for care coordination

Pupil Records

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Pupil Records Laws Must Schools Follow

● Family Educational Rights & Privacy Act (FERPA)

● Individuals with Disabilities Education Act (IDEA)

● Wis. Stat. § 118.125 Pupil Records

● Wis. Stat. § 146 Patient Health Care

Pupil Records in Wisconsin

● Progress Records

● Behavioral Records

● Patient Health Care Records

Disclosure

● To permit access to….any party by any means○ including oral○ written○ or electronic means.

(34 CFR 99.3)

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Schools May Disclose in 3 Cases

1. Written consent of parent or guardian

2. Court order

3. Authority of statute

Parent & Pupil Records

● There is no specific definition of ‘parent’ in WI statute § 118.125

● Folks not considered ‘parents’ (unless court order otherwise)

○ step-parents who are not legal guardians○ OHC providers such as foster parents○ social workers○ relatives, grandma/pa’s○ physical custodians

Parental Access

● Access to all pupil records including obtaining copies

● Access must be within 45 days 34 C.F.R. § 99.10(b)

● SpEd Records -

○ If requested, before any meeting regarding an IEP, hearing, or resolution session 34 C.F.R. § 300.613

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Schools may disclose pupil records that are pertinent to addressing a pupil's educational needs to a caseworker or other representative... that is legally responsible for the care and protection of the pupil

● if the caseworker or other representative is authorized to access the pupil's case plan

● They may not re-disclose except to

○ OHC provider, or court Wis. Stat. 118.125(2)(q); Uninterrupted Scholars Act of 2013

Caseworker Access

Patient Health Care Records

Schools may not re-disclose patient health care records they have obtained from community providers

Sharing County to School

Wisconsin law allows the confidential transfer of information regarding a child in the care or legal custody of the county or a licensed child welfare agency with the child’s school.

Statute(s): Wis. Stat. sec. 48.78(2)(b), 938.78(2)(b)1., 118.125(1)(d) and

(2)

You CAN share with the school what is needed for them to support the student.

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Sharing to Law Enforcement

School Resource Officer Access

• Held to same standard of “legitimate educational interest” as school employees

• May not redisclose information from pupil records without consent, even to other law enforcement officers

Consider this...

A student is removed from the home and placed with grandma due to child physical abuse from both mom and dad. The case worker asks the mother to sign a release of records authorization form to allow school to share with grandma and mom refuses.

1. Who can/should attend a parent-teacher conference?

2. Does mom have the right to access records?

3. Can dad authorize a release of records to grandma even if mom disagrees?

4. How can the caseworker be most helpful?

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Notifications to Schools

• School districts as well as school buildings are now notified of permanency plan hearings/reviews in addition to placements and changes of placements

• Schools are now able to provide a written statement to the court for permanency hearings to help with educational goals and planning

Sharing Records with the Courts• Districts are required to provide a

judge of a copy of all progress records of a pupil who is the subject of any proceeding in the court Wis. Stat. §118.125(2)(c)1

• Caseworkers can re-disclose pupil records for the purpose of addressing the educational needs of a pupil Wis. Stat. § 118.125(2)(q)2

Permanency Plan Hearings - Statements

● Schools must adhere to state and federal laws re: written comments

● We advise staff to adhere to ethically sound practice

● A notice from a court indicating that the school may submit information about a student is not a court order.

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Permanency Plan Hearing Input Tool

• To help guide schools in their written comments to the

court/review panel

• Links to Word and PDF versions can be found in participant

materials

• Child welfare agency can suggest use of this form to schools

Permanency Hearing Sharing Info Scenario A permanency hearing date for a student has been set. The school gets notice and asks for help understanding how to provide written comment.

• What type of information would you suggest the school staff include as relevant in their written statement to the court?

Key Takeaways for Information Sharing

• The type of record determines access and disclosure authority

• Parents have access almost always

• Permanency plan hearing notices are not court orders

• Schools are not automatically authorized to disclose all pupil records to the court or an attorney, OHC provider, or law enforcement

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Compulsory Attendance

● Poor attendance in the first month of school can predict chronic absence for the entire year.

● Absenteeism in middle and high school can predict dropout rates.

● Improving attendance is an essential strategy for reducing achievement gaps.

● When students reduce absences, they can make academic gains.

Info on the studies here: https://www.attendanceworks.org/wp-content/uploads/2017/05/Absenses-Add-Up_September-3rd-2014.pdf

Attendance and COVID

Policies and Practices

Link to resources

Attendance Laws

See handout on laws

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Everything ok here?!

An out-of-home care provider gets a text telling them their 14 year old has 10 unexcused absences. The OHC provider calls the school and asks for a meeting. The school says they can meet after the court appearance. Also, the student will fail algebra due to absences even though work has been completed and tests passed. The absences were due to medical reasons. The school says a student can only be excused 5 times per year due to medical reasons.

Educational Stability Under the Every Student Succeeds Act (ESSA)

Intersects directly with the Fostering Connections to Success Act of 2008, which requires that the child welfare worker coordinate with the local educational agency to maintain a child in their school of origin when in their best interest.

The ESSA requires that local educational agencies collaborate with child welfare agencies to do the same.

The Intent of ESSA

•Preserve important relationships

•Maintain some stability

•Minimize educational disruptions

•Develop collaborative systems

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Required Elements under ESSA

• Collaboration

• School of Origin

• Transportation

• Best Interest Determination (BID)

• Immediate Enrollment

• Transfer of Records

It all begins with notice: Education Passport

https://dcf.wisconsin.gov/files/mcps/policy-

resources/2015-passport-form-example.pdf

Education Passport (cont)

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Ed Passport (cont)

School of Origin/BID

The school of origin is the school where the student was enrolled or most recently enrolled in at the time of placement.

If a change in schools is being considered, the local education agency (LEA) and child welfare agency (CWA) must collaborate to conduct a Best Interest Determination (BID). All factors must be considered and should be student-centered.

So thinking back to Johnny….The school where student remains/is newly enrolled will be the district responsible for Special Education Services.

School Scenario - ESSA

• A student is enrolled in a public preschool program and placed in an out-of-home setting in a neighboring district.

• ESSA applys.

• Parents, CWA, & both LEAs should be involved in the Best Interest Determination.

• Can the student receive transportation to the School of Origin even if the district does not provide transportation to preschool students?

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What if?

What if changing schools is in the student’s best interest?What if changing schools is in the student’s best interest?

Transfer of Records - OHC

● The enrolling school mustimmediately contact a child’s school

● The school of origin should immediately transfer those recordsESSA (s. 1111(g)(1)(E)iii.), 42U.S.C.§§11432(g)(3)(C),(D)

No Attendance Delays!

Schools must enroll resident students and begin serving them immediately.

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School Scenario 2 - ESSA

A student placed in out-of-home care recently changed placements. The student has an IEP and is continuing their education in their School of Origin.

1.Funding for Transportation - Both LEAs, the CWA, and possibly through the IEP

2.Transportation must be established for the student “immediately.”

3.How long must transportation be provided for the student?

Advocating for Educational Stability

• Advocate for the importance of education.

• Assist school in sharing information with the court

• Ask the child about their goals, dreams, hopes

What role can you play in advocating for educational stability (and academic success)?

School Discipline

Jamboard

https://jamboard.google.com/d/1Zor3epUMJPMm2tzgP5qYp9bSfSCbyfoxv79WICo1GWc/edit?usp=sharing

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Suspension

● Not more than 5 days

● If notice of expulsion has been sent then up to 15 consecutive days (Wis. Stat. § 120.13(1)(b)(2))

● School must○ Tell pupil why

○ Give prompt notice and reason to parent/guardian (Wis. Stat. § 120.13(1)(b)(3))

Rights of Suspended Student

● Pupil/parent/guardian may have conference with district admin or designee within 5 days○ designee shall not be principal, teacher, or admin at

pupil’s school (Wis. Stat. § 120.13(1)(b)(4))

○ Shall make finding within 15 days

● Suspended pupil ○ Shall not be denied opportunity to take exams, complete

coursework (Wis. Stat. § 120.13(1)(b)(5))

Shortened Day - Students with IEPs

• Student sent home (or released) by the district due to behavior - could be de facto suspension

• Presenting the removal as an option to the parent is still problematic and likely to be considered a removal

• IEP teams should address underlying need resulting in removals

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Expulsion - Pupil/Guardian Rights

➔ Right to fundamentally fair procedures to determine if misconduct occurred (Remer v. Burlington Area School District, 149 F. Supp. 2d 665 (2001).)

➔ Be sent a notice* of the expulsion hearing at least 5 calendar days prior to the hearing

➔ May order the hearing to be closed

➔ May be represented by council, or without, to call or question witnesses and offer other evidence or arguments

(Wis. Stat.§ 120.13(1)(c)(3); DPI Answers to Frequently Asked School Discipline Questions)

Pupil/Guardian Rights Cont.

➔ Be sent a copy of the expulsion order once a decision has been made (Wis. Stat.§ 120.13(1)(c)(3))

➔ May appeal expulsion to state superintendent

➔Within 15 days, appeal any early reinstatement conditions, or enrollment conditions, to the relevant school board (Wis. Stat.§ 120.13(1)(h)(2), (1)(h)(2m))

➔ Within 5 days of early reinstatement revocation, or conditional enrollment revocation, request meeting with district admin (Wis. Stat.§ 120.13(1)(h)(6), (1)(h)(6m))

Don’t Forget Civil Rights!

● Wisconsin Pupil Non-discrimination○ Ensure discrimination including

harassment does not exist (is not allowed to continue) (Wis. Stat. § 118.13, PI 9)

● Title IX○ Requires investigation when school

knows or reasonably should know about sex-based harassment (Title IX of the Education Amendments of 1972)

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Other Policy Considerations

• All youth are eligible for public education between 4 and 20 years of age.

• Students experiencing homelessness also have rights to their school of origin and transportation

• Ensure credit accrual

Say What?!

1. One thing you learned about school laws/policies

2. One thing you are still wondering

Student and Family Engagement: Co-Planning87

A life planning model to enable individuals with mental health challenges to increase their personal self-determination and improve their own independence.

What is Person Centered Planning?

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Positive Student Profiles

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Family Snapshot of Student

Improving Family Engagement - IEP

Student-Led IEPs

https://www.imdetermine

d.org/resources/videos/

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Teacher Care Meetings94

Emotional Regulation Plans95

How can you involve Johnny’s family?

What is an example of how you might use one of these tools or ideas to involve a student and family in their education?

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Action Planning

The Power of Your Influence

1. What did you learn?2. What surprised you?3. How might this impact

your work?

Julie Incitti, School Social Workjulie.incitti@dpi.wi.gov(608) 266-0963

Julie Majerus, Title I, ESSAjulie.majerus@dpi.wi.gov(608) 267-1281

Eva Shaw, Special Educationeva.shaw@dpi.wi.gov(608) 264-6712

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Acknowledgement

We’d like to give a special thanks to our colleagues for their contributions to this presentation:

Mark Mitchell - DPI

Emily Coddington - DCF

Monica Caldwell - DPI

Jess Nichols - CESA 5

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