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SPECIAL EDUCATION, EARLY INTERVENTION AND

CROSS-SYSTEMS EDUCATIONAL ADVOCACY

Rachel Elkin, Esq. Jennifer Rosen Valverde, Esq., MSW

Legal Services of New Jersey Rutgers Special Education Clinic

1

Educational Advocacy – Benefits

Maintain educational stabilityIncrease developmental and educational gains made by

children with disabilitiesSurmount barriers to enrollment, attendance and

information-sharingEnsure FAPE provided

Special education and related services Least Restrictive Environment for learning

Improve educational outcomes

2

Special Education

All children between the ages of 3 and 21 who have one or more disabilities which adversely affect their educational performance and are in need of special education and related services are entitled to a Free and Appropriate Public Education (FAPE)

Under the Child Placement Bill of Rights Act, a child placed outside of her home by DYFS has the right “[t]o receive an educational program which will maximize the child's potential.” N.J.S.A. 9:6B-4(m)

3

relkin
ok-done

Identification

Child FindReferral to Child Study Team

Dated written request to Child Study Team (CST) Copy to district director of special services

Teacher/School Staff

4

Evaluation Request

Initial meeting convened within 20 calendar days of receipt of written request : Child Study Team Parent(s) General Education Teacher

At meeting determination is made whether evaluation is needed, and nature and scope of evaluation

5

Evaluation Request (cont’d)

Parent must be provided written notice within 15 days of a decision to evaluate and at least 15 days before any evaluation is done

Notice must include: Determination of whether to evaluate Scope and Nature of Evaluation Request for Parental Consent

Once parental consent is given, district has 90 days to conduct evaluation, determine eligibility, develop and implement child’s IEP.

Other appropriate actions

6

Evaluation – other avenues

General InterventionsIntervention & Referral Services (I&RS)

Services for students with learning, behavior, health or other difficulties

District based§ 504

7

Evaluation Process

Initial review of information district already has and taken from various sources such as: Classroom assessments Teacher observation Parental input

8

Evaluation Process (cont’d)

Initial review serves as basis to decide what other information is needed to determine: Disability Educational needs Present level of academic achievement Related developmental needs Whether child is in need of special education and

related services Accommodations/modifications needed for child to

meet goals in IEP and participate in the general education program

9

Evaluation Process (cont’d)

Evaluation conducted by multi-disciplinary team of professionals At least 2 members of CST Where appropriate, other specialists

Variety of evaluation/assessment tools

10

Evaluation Process (cont’d)

No single procedure to be used as sole criterion for determining eligibility or appropriate program

Child must be assessed in all suspected areas of disability

Must identify and assess all of child’s needsParents entitled to receive copy of reports prior

to IEP meeting to determine eligibility

11

Types of Evaluation/Assessments

Educational Psychological Social Physical Therapy Occupational Therapy Speech Psychiatric Audiological Central Auditory

Processing

Functional Behavioral Assessment

Medical Neurological Neuro-Developmental Neuro-Psychiatric Assistive Technology Vocational

12

Hypothetical

Christopher is 4 years old has a history of disruptive behaviors at his day care preschool program. Christopher’s parent requests that he be evaluated for special education. The school district conducts educational, psychological and social evaluations and determines that there are no cognitive/academic issues and finds him ineligible. What issues/concerns should the parent have with this

determination?

13

Reevaluation

Reevaluation: Triennial Parental written request Child’s educational or related services needs

warrant Required prior to finding child no longer eligible

(declassified) unless eligibility change is based on aging out or graduation

14

Independent Evaluation

Parent has right to seek Independent Educational Evaluation (IEE) if s/he disagrees with district’s evaluation District must provide at its own expense unless it seeks

and prevails at Due Process, demonstrating that its evaluation is “appropriate”

15

Independent Evaluations (cont’d)

Parental written requestDistrict has 10 days to decide and respond whether

it will do its own firstIf district decides not to do its own evaluation, must

provide IEE at district expense unless Due Process sought within 20 days Must provide parent with list of qualified evaluators and

evaluation requirements Parent selects evaluator, not district

16

Eligibility

IEP meeting convened to determine eligibility Copy of any reports and relied upon documentation/

information to be given to parents at least 10 days before meeting

Student eligible if: Student has one or more disabilities; and The disability adversely affects the student’s educational

performance; and The student is in need of special education and related

servicesParental consent required for initial IEP and

implementation of services District cannot seek Due Process to compel classification

17

Special Education Classifications

Auditorily Impaired (AI) Autistic (ASD) Cognitively Impaired Communication Impaired (CI) Emotionally Disturbed (ED) Multiply Disabled (MD) Deaf/Blindness Orthopedically Impaired Other Health Impaired (OHI) Preschool Child with a Disability (PSD) Social Maladjustment Specific Learning Disability (SLD) Traumatic Brain Injury (TBI) Visually Impaired

18

Individualized Education Program

Eligible->Classification->IEPIEP

Written plan that sets out child’s special education program and related services

Developed collaboratively at IEP meeting with IEP team Annually reviewed/updated/modified

IEP lasts for one year period IEP can be changed more frequently as needed

19

Individualized Education Program (cont’d)

What is in an IEP? Current levels of academic achievement and functional

performance Measurable annual goals (academic and functional) with

benchmarks and short-term objectives How progress will be measured Accommodations, modifications, specific programs and

related services Assistive technology devices Explanation of extent child will participate/not participate

in general ed. classes, extracurricular and non-academic activities

20

Individualized Education Program (cont’d)

Extended School Year (ESY) Extension of services to help children maintain

progress/achievement made during school year when school is not in session, such as summer recess and school breaks Must be considered for all-but all may not receive.

District cannot limit ESY services to particular categories of disability or limit the type, amount, or duration of services

Individual determination made at IEP meeting and discussed at annual review

ESY not necessarily in classroom or school setting, could be in a variety of alternative locations

21

Individualized Education Program (cont’d)Transition

Starting at age 14 (or younger if appropriate): Statement of strengths, interests, and preferences Identification of course of study, related strategies and/or

activities consistent with above and intended to assist in developing or attaining postsecondary goals related to training, education, employment, and independent living

Description of need for consultation with other agencies that provide services such as DVRS, DDD, and DOL

Statement, as appropriate, of interagency linkages and responsibilities

22

Individualized Education Program (cont’d)

Transition (cont’d) Starting at age 16 (or younger if appropriate):

Statement of above described elements Appropriate measurable postsecondary goals based on

age-appropriate transition assessments related to training, education, employment, and independent living

Transition services (based on child’s needs and in consideration of strengths, preferences and interests), including course of study needed to help child meet goals

23

jvalverde
this slide is very text heavy - I would move a lot of it down to notes
relkin
ok-done

Individualized Education Program (cont’d) Who is on the IEP team?

Parent(s); At least one special education teacher and one General

Ed. teacher (if applicable); At least one CST member; Case Manager; District Representative; Student (if 18 or as appropriate); and Any person parent or district wants to attend who has

knowledge or special expertise regarding the child

24

jvalverde
I might describe what the IEP is first, and then get into who is on the team and parent rights at meetings
relkin
ok-done, i moved esy and transition as well

Individualized Education Program (cont’d)

IEP meetings can be tape-recorded with advance notice

IEP meetings should be scheduled for a time/date that is convenient for parent

IEP meetings can be held by telephone or videoconference if there is mutual consent

Districts are permitted to have meeting without parent if they can document that they were not able to secure parental participation

25

Individualized Education Program (cont’d)

IEPs can be amended without a meeting if: Parent makes written request for a change and district

agrees; or District proposes written proposal to change IEP and within

15 days parent consents in writing

Changes are to be incorporated into amended IEP or placed into an addendum to the IEP Parent to receive copy within 15 days of district’s receipt of

parental consent

26

Least Restrictive Environment

Children receiving special education have the right to be educated in the Least Restrictive Environment (LRE) To the extent appropriate, child is to be educated with

non-special education peers Children with disabilities are to be afforded equal

opportunity to participate in non-academic and extracurricular activities as their non-special education peers, and to maximum extent appropriate, with non-special education peers

27

Placement

IEP developed prior to determination of placementPlacement is determined by CST and parent(s)Least Restrictive Environment

Districts are required to have a full continuum of alternative placements to meet needs of students

As close to home as possibleDetermined annuallyMust be able to implement IEP delineated program and

servicesIEP may be appropriate, even if placement is not

28

Placements (cont’d)

If child cannot remain in general education setting-other placement options include, also not exclusive: Pull-Out resource programs Self-Contained program (in-district) Out-of-district placements

Self-Contained program in another school district Program in approved private school for the disabled County Special Services School

Home Instruction

29

Transferring Students

Children already receiving special education and related services are entitled to a comparable program and services to those in their current IEP

IEP meeting within 30 days of transfer into new school to determine whether to adopt prior IEP or develop new one

30

Related Services

Children receiving special education are also entitled to receive related services Related services are any services that will help child benefit

from his/her educational program Examples include:

Transportation Speech/Occupational/Physical Therapy Personal Aide Counseling Recreation Social Skills Others

31

Hypothetical

Daniel is 16 and has Down Syndrome. He has significant cognitive impairment. Recently his parent has noticed changes in his behavior.

Daniel’s parent believes that his behaviors would improve if he spent more time with his non-disabled peers.

His parent has been told that a more inclusive placement is not appropriate and the school has expressed safety concerns of other students due to recent sexually inappropriate behaviors.

32

Transfer of RightsAt 18, rights transfer to child (“adult” student) unless

parent has obtained legal guardianship At least 3 years before age 18, IEP must contain statement

that parent and child have been informed of transfer of rights at 18;

Written notice of transfer; District/child may invite parent to meetings.

Notice must still be provided to both parent and “adult” student “Adult” student:

Must consent to eval/reevaluation May request Due Process/Mediation May authorize parent to request Due Process/Mediation and make

educational decisions on their behalf

33

Special Education – Red Flags

Failure to EvaluateFailure to ClassifyFailure to Annually Review IEP/ReevaluationFailure to Implement IEPFailure to Provide NoticeFailure to Respond to Parental RequestsFailure to Address Behavioral Issues/Disciplinary ActionRelated Services/Extended School Year Based on District

Availability or Disability Type, Not Child’s NeedsSummer Recess ≠ Evaluation Delays

34

Early Intervention

Target population: Infants/toddlers ages 0-3 and their families

Responsible agency: N.J. Department of Health and Senior Services (DHSS) Four Regional EI Collaboratives (REICs) coordinate

NJEIS at local level

35

relkin
Do you want to put legal citations in sources of law handout along with SPED and 504 and other?

Early Intervention – Child Find

State must ensure EI services are available to all eligible infants and toddlers and their families:

Child Find Locate, identify and evaluate all eligible children Facilitate referral process

Public Awareness Campaign Disseminate information about the EI program Coordinate child find efforts with primary referral sources

36

Early Intervention - Referral

Who may refer a child to the EIS? AnyonePrimary referral sources – doctors, DYFS, parent or

foster parentConsent of parent is not necessary for referral (i.e.

making the call)Written consent of parent, or person acting in place

of parent, is necessary to conduct multi-disciplinary evaluation

37

Early Intervention - Mandatory Referral

State must refer ALL children under age 3 involved in substantiated case of child abuse or

neglect to early intervention services OR identified as affected by illegal substance abuse

or withdrawal symptoms due to prenatal drug exposure

38

Early Intervention – Referral Defined

Each child referred to the N.J. EIS is entitled to have an evaluation and assessment conducted within 45 days of the date of referral [provided that consent of parent, or person acting in place thereof, is obtained]

Children may be screened IN to the program but may NOT be screened OUT

39

Early Intervention - Evaluation

Free, multi-disciplinary evaluation Within 45 days of referral In native language or other preferred mode of

communication Multi-disciplinary evaluation includes examination of:

Medical history Physical development Cognitive skills Communication skills Social / emotional development Adaptive skills

40

Early Intervention - Eligibility

Child under 3 years old and has: 33% delay in one developmental area (or two standard

deviations below the mean), or 25% delay in two or more developmental areas (or 1.5

standard deviations below the mean), or Diagnosed by physician or psychologist as having physical or

mental condition with high probability of resulting in developmental delay (presumptive eligibility)

Developmental areas include: Physical - Communication Cognitive - Social/emotional Adaptive

41

Early Intervention - Service Coordination

After a determination of eligibility, EIS appoints a Service Coordinator as soon as possible to: Serve as family’s single point of contact with EIS Coordinate / monitor service provision Facilitate development, review and evaluation of

Individualized Family Service Plans (IFSPs) Help family identify available service providers Inform family of rights and availability of

advocacy servicesAll service coordination services are free of charge

42

Early Intervention -IFSP

Individualized Family Service Plan (IFSP) Written plan

Contract between family and State for provision of EI services

Tailored to meet unique needs of eligible child and family

Needs driven, not diagnosis driven Designed for child to obtain meaningful

developmental benefit

43

Early Intervention – IFSP Components

Child’s current functioning Family’s concerns Needs and resources of child and family All services child/family need (initiation, method,

frequency and duration) Identify natural environment

“Natural Environment” is home or other setting in which children without disabilities participate

Expected outcomes 6-month reviews and annual re-evaluation Transition plan

44

Early Intervention - Services

Assessment Assistive Technology Audiology Services Family Counseling /

Training Health Services Medical Services Nursing Services Nutrition Services Occupational Therapy

Physical Therapy Psychological Services Service Coordination Social Work Services Special Instruction Speech/Language

Pathology Transportation Svc. Vision Services

45

Early Intervention - Transition

With family approval, transition conference convened no fewer than 90 days and no greater than 9 months before child’s third birthday

If child not eligible for preschool or other services, create transition plan for exit from program

Conference attendees include family, lead agency (DHSS) and local school district NOTE: Transition meeting must occur even if local

school district refuses to attend

46

Early Intervention - Payment

Evaluations, assessments, service coordination, IFSP development & review – Free

If below 350% F.P.L. - FreeMedicaidSliding fee scale based on family income, size and

number of service hoursEI system as Payor of Last Resort

47

Early Intervention – Red Flags

Failure to Identify Eligible ChildrenFailure to implement CAPTA and IDEA mandatory

referralsFailure to Obtain Appropriate ConsentUse of “Screening” Mechanisms – Refusal to EvaluateWaiting Lists

Evaluations Services

IFSP based on Service/Program Availability, Not Child’s Needs

Qualifications of Service ProvidersNatural environment ≠ home automatically

48

Cross-Systems Educational Advocacy

School stabilityRegistration / Enrollment

Attendance GapsInformation SharingStudent Records

Completeness Credit Transfer Partial and Full Credit for

completed coursework

Special Education Defining the “IDEA

Parent” Evaluations Services

Inter-Agency CoordinationStudent EngagementTransition

Post Secondary Education

49

Getting Through the Front Door

Common roadblocks: Registration Attendance School Records“District of Residence”

50

The Case of Marisol

Marisol, age 10, lived with her mother in Trenton until one month ago when she was removed due to allegations of abuse. She was placed with a non-relative resource parent in Hamilton and it was found in her best interest to change school districts. How does Marisol register for school?

51

Registration for School

Required Documents to Register Child in Out-of-Home Placement: Resource Parent ID Letter (or Agency Placement Letter) and Resource Parent Proof of Residence

52

Timeline for Registration

School-age children should be registered within 72 hours of out-of-home placement

53

Admission into School

Required Documents for Attendance:Immunization RecordsCertified copy of child’s birth certificate or other

proof of identity within 30 days of enrollment

NOTE: non-production of birth certificate cannot be sole reason for denial of admission

*School records recommended, NOT required for attendance at school

54

DYFS Responsibilities for Registration & Attendance

DYFS must:Ensure all children in out-of-home placements

enrolled in schoolProvide updated health record, incl.

immunization record, to resource parent/caregiver agency

Inform biological /adoptive parents of right to be involved in child’s education

55

Responsibilities – Resource Parents and Caregiver Agencies

Resource parent/caregiver agency must:Register childEnsure child attends regularlyCooperate with DYFS to ensure child receives

educational programEnsure child ages 3-5 (but not in K) enrolled in early

childhood ed. programEnsure preschool age child in environment to

stimulate proper development

56

Responsibilities – School Districts

School districts must NOT require any more documentation than provided by law for child in out-of-home placement to register in and attend school

57

relkin
I think you could prob take this slide out and incorporate it either into earlier residency slide or just in notes

Registration and Attendance – Common Obstacles

Refusal to register child w/o birth cert.Refusal to register child w/o immunization recordsRequire custody or guardianship order for registrationRequire SSN or immigration status for registration or

attendanceRequire school records for registration or attendanceRequire IEP for registration or attendanceRequire reevaluation of student prior to attendance

58

Registration and Attendance – Role of Advocates

If advocate involved at this early stage:Ensure resource parent/caregiver agency has needed

paperworkDYFS as information/records source Law Guardian can request Court Order requiring DYFS

to obtain/provide informationEducate client, DYFS, law guardian and others on

“warning bells” Paper trail

59

The Case of Marisol

Marisol, a classified student, transfers from the New Brunswick school district to the Trenton school district, where her resource parent lives. Marisol’s resource parent is told she cannot be registered in school until she undergoes a full child study team reevaluation, despite the fact that Trenton has all of her school records. As a result, she has been sitting at home. The resource parent tells DYFS to move Marisol because she cannot continue to miss work to watch her.

60

School Records

Mandated School Records include:Student indentifying information, grades, health records, attendance records, standardized assessments, special education records

61

Responsibilities for School Records – School Districts

Where child transfers between districts:School district into which child is transferring

must request child’s school records within two weeks of child enrolling in district

Former school district must forward records (incl. disciplinary records) to new school district within 10 days of receiving request

62

Responsibilities – School Districts cont.

Written consent of parent not required as condition of transfer

Written notice to parent of school records transfer is required

63

relkin
I would incorporate this into notes

Responsibilities - DYFS

DYFS must compile educational records for each school-aged child entering out-of-home placement

DYFS must provide resource parents with child’s educational records at time of out-of-home placement and update records upon any placement transfers

64

School Records and Information Sharing –Disclosure by School Districts

Governed by FERPA – Records released with consent of parent or adult student

School districts must provide DCF with access to a child’s school records within 10 days of written request

School records may be withheld from child’s parent only if Court Order revokes right to access; only portion of record designated by Order may be withheld

65

Special Education Records

If child transferring between districts has IEP:New district CST must conduct immediate

review of evaluation information and IEP andWithout delay provide comparable program

until previous IEP adopted or new IEP implemented

Timeline – 30 days for in-state and out-of-state transfers

66

relkin
I address this earlier so I would either take this slide out or if you want to address in your portion take the earlier slide out

Responsibilities - School District

To educate the child in comparable program (if no school records, duty to educate child only) while awaiting records, conducting assessments and making any changes to IEP

67

relkin
I think I understand what this is addressing but wording is a little confusing. I might even just take it out and maybe address in your notes

Educating Child v. Paying for Child’s Education

District in which a child resides is responsible for educating the child

“District of Residence” (DoR) is responsible for paying for child’s educational services and transportation

DoR ≠ District in which child resides automatically

68

Determining DoR after 9/13/10

If child placed in resource home or residential facility on or after 9/13/10, DoR is the present district of parent with whom child lived prior to placement into foster care

State assumes fiscal responsibility for a child in out-of-home care if:DoR cannot be determined orDoR of parent is out-of-state

69

Who is Marisol’s educational decision-maker?

If Marisol is a regular education student:DYFS allocates to resource parent authority to

make routine educational decisionsIf Marisol is eligible for special education:

Look to federal and state special education laws and regulations defining “parent”

70

Who is the IDEA “Parent” for Sped and EI?

Birth or adoptive parent / legal guardianRelative caregiver with whom child is living (person in

parental relationship)Foster /Resource parentSurrogate parentPerson appointed by the Court to act as “parent” or to

make educational decisionsNOTE: There is no automatic change in a parent’s right to

make educational decisions when a child enters out- of-home care placement/foster care

71

What is the “Parent” Hierarchy

Biological or adoptive parent who is “attempting to act as the parent” is presumed to be the parent unless s/he no longer has legal authority to make educational decisions

BUT, if court order identifies specific person to be the “parent” or to make educational decisions for a child, then such person is the “parent” for educational purposes

72

When is a Surrogate Parent Needed?

No parent/guardian can be identifiedWhereabouts of the parent or guardian are unknown

after reasonable efforts to locateParental rights have been terminatedStudent is an unaccompanied youthRights of the parent/guardian to make educational

decisions have been removed by the CourtFoster parent unwilling to act as “parent”

73

Why does identifying the “parent” matter?

Children have no voice – no standingParent is a member of IFSP/IEP Team and

consents to the following:EvaluationsInitial IFSPs/IEPsRelease of recordsParent can request independent evaluations Parent can file for mediation / due process

74

relkin
I would put this slide earlier when you talk about the parent and before the advocacy and judge slides

Who Will Stand Up for Marisol?

How can a child advocate help?Is there an IDEA Parent?

If not, who fills this role? Is there an order you want the judge to enter?

Is the judge aware of the child’s educational/developmental needs? Is DYFS?

Are the child’s school records in the child welfare file? Do you need a court order to obtain them?

Has the child changed school districts? If yes, have school records transferred? Are the child’s evaluations and/or services continuing despite the move?

75

relkin
The use of the term "child advocate" to me implies we have someone designated for that role already in the system-I think you use the word advocate earlier too. Somewhere in this part of the pp you should address the types of people that may play an advocacy role and clarify in these slides that this is not a specific person.

Who Will Stand Up for Marisol?

How can the judge help?Ensure there is an IDEA “Parent” for each child.

If necessary, the judge can appoint individual to act as the “parent” and make educational decisions for the child

Ensure that the child’s school records are in the child welfare file and are updated periodically.

Inquire about the child’s educational progress/needs each time the case is reviewed. Use subpoena powers where appropriate and necessary to hold

school districts responsibleDelineate responsibility for follow-up

76

Advocating Across Systems

Evaluations, services, programs, placements, and transition planning/services for Early Intervention and Special Education available through school districts and DYFS

77

Evaluations by School Districts

Typical:PsychologicalEducationalSocial HistorySpeech and LanguageFunctional BehavioralLess typical, but still common:Psychiatric, Neurological, Neuropsychological Occupational TherapyPhysical Therapy

78

relkin
I would take slide out and just reference my earlier slide about SPED evals

Evaluations by DYFS

At DYFS’s initiative or by Court Order Typical:PsychologicalPsychiatricOther MedicalAt age 14, Basic Life Skills and Ansell-Casey strengths & needs

Less Typical, but still common:Speech and LanguageNeurologicalOccupational Therapy, Physical Therapy

79

Services from School District versus DYFS

Services from district determined at IEP meeting and set forth in IEP

DYFS duty to provide services to child to ensure well-being and permanency

80

Typical Services from DYFS

Medical Care (N.J.A.C 10:122D-2.5)Mental health services (individual, group and family therapy,

medication monitoring) (N.J.A.C 10:122D-2.5)TutoringBehavioral Health Assistant (N.J.A.C 10:122D-2.5)MentorRecreational activities (i.e., dance, martial arts, music lessons)Summer CampSERVICES ARE NOT DEFINED – MUST SHOW CONNECTION TO

CHILD’S WELL-BEING AND INDIVIDUAL NEEDS (can be S/L, O/T, P/T). (N.J.A.C. 10:122D-2.8)

81

Typical Transition Services by School Districts

In addition to basic instruction and relates services:Postsecondary educationVocational educationIntegrated employment (including supported

employment)Continuing and adult educationIndependent living skills trainingOther community experiencesDaily living skillsN.J.A.C 6A:14-3.7(e)12i(1).

82

relkin
I address in SPED portion, do you want to refer back to my discussion earlier in regard to transition or do you want me to tone down what I say and you address transition here?

DYFS’ Obligation to Older Youth

DCF must provide services to youth, ages 18 to 21, if: The youth was receiving services from DCF on or after

16th birthday Youth has not refused services or requested services

be terminated Services are in youth’s best interest and would assist

youth in becoming independent and productive adult.

83

Questions to Ask re Evaluations & Services

Does the child need additional evaluations or services?Where can the evaluations or services be obtained?

Different purposes of District and DYFS evaluations/servicesDoes the child need an independent evaluation(s)?

Timing District’s duty to “consider” findings

What are the limitations on sharing/using results across systems? Confidentiality and need for redaction Educational benefit versus other benefit

84

Programs/Placement

DYFS placement can influence school placement, and school placement can drive DYFS placement - neither should dictate the other. Residential DYFS placements can lead to children going

to school on premises, though not always appropriate. (See N.J.A.C. 10:127-6.7(f)).

School placements can lead to children living on site where school is (even if do not need a residential home placement) out of convenience.

85

Questions to Ask re Programs & Placements

What type of program/placement does the child need? For educational purposes? For other purposes?

If child placed in residential program or group home by DYFS, must the child attend the affiliated school?

When should a child in out-of-home placement be required to change schools?

86

Challenges of Cross-Systems Advocacy

Identifying parent/clientHolding on to parent/client despite placement movesUnderstanding and assessing duties, if any, to non-client

partiesObserving rules of confidentiality and attorney-client

privilegeKnowing when to turn on and off the information flowFamiliarizing oneself with all the players and proceduresUnderstanding jurisdictional limitations

87

Role of CASA in Educational Advocacy

CASA programs statewide will be providing basic educational advocacy training to enable CASA volunteers to help ensure that children’s educational needs are being met. By January 2012 CASA volunteer reports statewide will include information on children’s educational needs.

Some CASA programs already provide this training – in those vicinages (Essex, Mercer, Camden, Passaic, and Bergen) volunteers already monitor children’s educational needs.

CASA programs in Essex, Mercer, and Camden Counties have trained a small group of their volunteers to act as Limited Guardians for Educational Purposes or Education Surrogates, thereby enabling those volunteers to act in place of the parent for education purposes.

88

Remember: We All Are FOR EDUCATION

“By all rights, education should be an easy sell because you never find anyone who is ‘against’ it. No advocacy groups clamor for its overthrow, no politicians or columnists protest its irrelevance. Unlike nuclear power, or abortion rights, or the graduated income tax, education has no enemies. The trouble, therefore, can only be with those who are ‘for’ it. In education, I’ve found, you can easily mistake the actions of those who are for it as being against it.”

Joseph Fernandez, former Chancellor of the New York City Public Schools JOSEPH A. FERNANDEZ WITH JOHN UNDERWOOD, TALES OUT OF SCHOOL 1 (Little, Brown 1993).

89

EDUCATIONis one of the

greatest predictors of future success

90

Presenters

Rachel R. Elkin, Esq., Supervising AttorneyEducation Representation Project

Legal Services of New Jersey(732) 572-9100, ext. 8348

relkin@lsnj.orgJennifer Rosen Valverde, Esq./MSW

Clinical Professor of LawSpecial Education Clinic

Rutgers University School of Law - Newark (973) 353-5576

jvalverde@kinoy.rutgers.edu

91

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