SPECIAL EDUCATION ISSUES

Children and young adults in foster care have a right to an education that is appropriate for their needs.  Children in foster care have historically experienced multiple placements which in turn causes disruption in their schooling. It is imperative that advocates are involved in and attend school staffings and Individualized Education Program meetings to ensure our clients receive the services they need. Below is an outline of policies and procedures that have proven helpful to advocates in this field.

THE IEP-Individualized Education Program.

An advocate, teacher, foster parent or caseworker can make a written referral for a case study evaluation of a child. Once a request is made, the school district has 60 calendar days to complete the evaluation and hold a conference to determine eligibility for special educational services.  If found eligible the school must develop an IEP within 30 days.  An IEP consists of a statement of the child’s current level and how the child’s disability affects involvement and progress in the curriculum.  It also states annual academic and functional goals designed to meet the child’s needs. Then it lists the special education, related services, and supplemental aids and services needed for the child to attain their goals. It also states the beginning date, frequency, location and duration of those services. 

DCFS Policy

Policy Rule 314- DCFS is to make every effort to enroll a child within 2 days of temporary custody or a change in placement that results in a school change.  After temporary custody DCFS has no more than 60 days to meet and provide an educational assessment of a child. They are to reevaluate this assessment every 6 months.  DCFS is to determine what is in the best interest of the child in deciding whether a change in schools is appropriate. If it is determined that a child is to remain at the current school, DCFS is to advocate with the school to provide transportation. If a change is warranted DCFS is to transfer school records to the new school and request an IEP conference.

Procedure 301- Whenever possible DCFS is supposed to maintain the continuity of children’ s educational and social relationships by implementing the IEP from the previous child’s school or ensuring that a new IEP is developed.  

THE INDIVIDUALS WITH DISABILITIES ACT

There are six basic principles behind the IDEA:

1. Free and appropriate public education. Children with disabilities are to be provided with free individualized specialized services at preschools, elementary and secondary schools.

2. Appropriate Evaluation of student needs. Students that have or are suspected to have a disability must be evaluated by a team of professions including: a licensed certified school psychologist, certified social worker, nurse, special education teacher, regular education teacher, speech and language pathologist, hearing specialist and others depending upon the disability.

3. Individualized education program (IEP). As described in section above. An IEP is a blueprint that lists the services the student will receive. If students do not qualify for special services under the IDEA, a 504 plan case study evaluation can be requested. This plan covers those students that have physical or mental impairments that substantially limits one or more major life activities and are not otherwise eligible for special education services. 

4. Least restrictive environment consideration. The presumption behind this principle is that children with disabilities should be taught in the same class with non disabled children through the use of supplementary aids and services. If this can not be achieved, the next option is to have the student pulled out for some classes and mainstreamed for other classes.  The third option is placing the child in a self contained classroom with other special education students.  If after all previous options are attempted the last resort is to place the child in a therapeutic day school.

5. Parent and/or student participation in decision making. The parent is afforded the opportunity to participate in decisions on how their child is educated. Parental consent is mandatory before an evaluation can begin. This is important for implementation of services.

6. Procedural safeguards (due process hearings and school disciplinary proceedings). If a parent feels that their child’s rights are being violated, they can request mediation or a due process hearing to voice their concern.
With regard to disciplinary proceedings, a special education student cannot be suspended for more than 10 consecutive or 10 cumulative school days in one school year. The only exceptions are for possession of a weapon, possession, use or sale of an illegal drug or findings by a hearing officer that current placement in school is substantially likely to result in injury to the child or others. For full text of act click here.   

Helpful Websites

 ACT  

Alternative School Network   

Campus Tours

Chicago Public Schools has a website that contains the school discipline code and listings of schools and phone numbers.

FAFSA

Job Corps