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Disability Rights Education and Defense Fund. Advocating for Disability Civil Rights since 1979

In this Issue:

Transition Support for Students with Disabilities in Foster Care

October 2011

 

Dear Friends and Family Caregivers,

Last month, we covered the issue of ensuring that students with disabilities receive the support and services they need to transition from special education to adulthood. This month, we want to focus on students who are foster youth, an especially vulnerable population. Important changes in California may make transition easier for them as they "age out" of the multiple systems that they have often been in for many years.

Nationally, about 20,000 youth turn 18 and age out of foster care each year. More than 50% don't finish high school, less than 3% go on to college, 25% are involved with the legal system or experience homelessness, and only 17% are self-supporting. Among adolescents in foster care, approximately 40% have disabilities. Special education law (IDEA) provides important support for youth with disabilities during transition, but youth in foster care who really need this help may be the least likely to actually receive it.

Are there special rules for youth in foster care who have an IEP?
No, the rules are the same for the school district. What matters is how effectively the process of appropriate transition planning is done. Child Welfare also has its own, separate transition planning process, so things can get very confusing for youth and their caregivers.

What can we do to help?
It is important that the requirements we explained last month are followed carefully for foster youth. The "Individual" in IEP is crucial. Remember that a strong transition plan always includes actively teaching a student to advocate for him/herself. For students in foster care, knowing what his/her disability is, what his/her rights are, what accommodations and support he/she needs, and where to get help are all critical information.

Remember that anyone with an interest in a child's education can be invited to an IEP meeting and that youth in foster care need permanent connections with caring adults. Coaches, ministers, godparents, and other mentors should be encouraged to participate and help the team understand what the student needs during this important time.

Invite the county social worker to the first IEP held after age 16 where the transition plan is created. County workers must develop a Transitional Independent Living Plan (TILP) for youth in foster care by age of 16 to show the court, and it is important to make sure that the school district and the County are working together to create a plan that works. It is also important to invite other agencies with responsibility to IEP meetings early in the process such as the Department of Children and Family Services Independent Living Program (ILP), the Department of Rehabilitation or Regional Center.

Include a transition plan's particular service as a goal, and assign a "point person." Clearly defining who should do what task is important for students who do not have a parent to do this. Transition goals often show a parent as responsible for making sure something gets done, but for a student in foster care, this may not be appropriate.

There are also many protections for youth in foster care in California .. For example, students moved from one home to another during the school year may be allowed to stay in their school., Every school district and county has a Foster Youth Services liaison to solve problems. DREDF has a Clearinghouse on Foster Youth with Disabilities Transition (FYDT) with more information.

Important Changes in California:

In 2010, California passed AB 12, The California Fostering Connections Act, which allows foster youth under the age of 17 (as of January 2011) to be provided transitional support up to age 20, and possibly to 21 if funding is made available by 2014. Extended support services helps in the transition process and ensures young adults have the necessary skills to survive on their own. This is important for students with disabilities who are turning 18 in foster care. These students are entitled to special education services until they get a diploma or turn 22, but are at risk of losing these services if they are homeless, uninsured, or without income. Two advocacy groups that are very helpful are California Youth Connection (CYC) for youth in or formerly in foster care, and YO! Disabled and Proud, for youth with disabilities.

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process: IEP Basics & Beyond
FREE: An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (not July or August)
Next Offered: November 14, 2011
Time: 6:00 – 8:30 pm (Pizza and soft drinks included!)
Where: Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: Koret Board Room, Second Floor (November only)
To Register: Contact Becky at (510) 644-2555 X5227 or blyons@dredf.org

© 2011

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Advocacy Tip of the Month:

Youth with disabilities in foster care can apply for Social Security Income (SSI) benefits before they turn 18 years of age and up to 12 months before they exit out of foster care. Do this as early as possible as delays are common. Identify who will do this in the IEP transition meeting.

Acronyms:

FAPE – Free Appropriate Public Education
IDEA – Individuals with Disabilities Education Act
IEP – Individualized Education Program
PTI – Parent Training and Information Center
PWN – Prior Written Notice

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