FYI FYI FYI FYI F O R Y O U R I N F O R M A T I O N Issue 06-02 Date: 01/17/06
APPROPRIATE EDUCATIONAL AND FOSTER PLACEMENTS FOR CHILDREN WITH EXCEPTIONAL NEEDS The following information is being provided to inform DCFS staff of recent changes in the State of California Education Code regarding the provision of appropriate educational and foster placement for children with exceptional needs. These new laws do not create any new tasks for DCFS staff, however, DCFS staff need to be aware of some new foster care placement requirements. The DCFS Education Unit staff are available to answer questions and provide further clarification: (213) 351-5620 or (213) 351-5789.
Education Code Section 56026.3 Defines a Local Educational Agency (LEA) as a School District, a County Office of Education, a Charter School participating as a member of a Special Education Local Plan Area, or a Special Education Local Plan Area.
Impact on CSW This clarifies the definition of a Local Educational Agency (LEA). Education Code Section 56155.7 Prohibits a residential placement facility or a group home from requiring, as a condition of placement, that a child be identified as a child with exceptional needs.
Impact on CSW This means that a residential placement facility or group home is not permitted to require a child to be labeled as having exceptional needs in order for the child to be placed in the facility. Education Code Section 56157 Requires a LEA that has placed a child with exceptional needs residing in a residential placement facility, a group home or a foster family home, in a nonpublic, nonsectarian school, to conduct an annual evaluation, as part of the annual Individualized Educational Program (IEP) process, of whether the educational placement is the least restrictive environment that is appropriate to meet the child’s' needs.
Requires the nonpublic, nonsectarian school to report to the LEA that made the educational placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the child with exceptional needs, towards the attainment of the goals and objectives specified in the child's IEP.
If you have any questions regarding this release please e-mail your question to:
Clerical Handbook: http://198.51.213.151/Policy/Hndbook%20Clerical/Default.htm Child Welfare Services Handbook: http://198.51.213.151/Policy/Hndbook%20CWS/default.htm FYI’s: http://dcfs.co.la.ca.us/Policy/FYI/TOCFYI.HTM
Impact on CSW During the annual IEP process for a child with exceptional needs who is in any type of placement, and attending a nonpublic, nonsectarian school, the LEA must now conduct an evaluation to determine if the educational placement is the least restrictive to meet the child’s needs. This means that the LEA must assess the child’s abilities and progress to determine if the child could have his or her educational needs better met in a less restrictive educational setting. The LEA is responsible for making the arrangements for the child to attend school in the least restrictive setting. Additionally, the nonpublic, nonsectarian school must report to the LEA the progress the child is making towards reaching the goals and objectives outlined in the IEP. This report is due quarterly, or per semester as appropriate. This means that the LEA will provide additional oversight of the implementation of the child’s IEP and progress. As per existing policy, the CSW is to closely monitor and report to the court on the child’s educational status. Education Code Section 56341.5 Requires a child with exceptional needs to be allowed, as part of his or her participation in the IEP process, to provide confidential input to any representative of his or her IEP team. Impact on CSW As part of his or her IEP process, a child must now be allowed to speak confidentially to any member of the IEP team regarding his or her educational wishes and needs. If the CSW has been invited to be a part of the IEP team and is participating, then the child may choose to confide his or her wishes or needs to the CSW. In this way, the CSW may be called upon to be an advocate on the child’s behalf. If needed, the CSW should consult with the DCFS Education Unit staff or County Counsel as appropriate. Education Code Section 56366.9 Prohibits a residential placement facility or group home at which children with exceptional needs reside, from requiring as a condition of placement, that it provide the appropriate educational programs to those children through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a residential placement facility or group home. Provides that those services may only be provided if the Special Education Local Plan Area determines that appropriate public alternative education programs are not available. Impact on CSW This means that a residential placement facility or group home is not permitted to require a child to attend a nonpublic, nonsectarian school as a condition for placement. This is supported by additional statute that prohibits any dependent child from attending a nonpublic, nonsectarian school unless they have an IEP requiring that type of educational placement signed by the Holder of Education Rights. Additionally, a placement may not accept a child temporarily and enroll the child in a nonpublic, nonsectarian school while awaiting the outcome of an IEP. If the child does not have the appropriate IEP, the child must continue enrollment in his/her school of origin, whenever possible, or be enrolled in the local public school. Education Code Section 56366.12 Requires a nonpublic, nonsectarian school to ensure confidential communication between a pupil of the school and members of the pupil's IEP team, at the pupil's discretion. Impact on CSW This means that if a child who is attending a nonpublic, nonsectarian school requests confidential communication with any member of his or her IEP team, the nonpublic, nonsectarian school is responsible for accommodating the child’s wishes. Page 2 of 2