California Foster Youth Education

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					             K-12
          pre-
                 and beyond
                              California Foster Youth Education
                              Task Force




California Foster Care
Education Law
Fact Sheets
Third Edition, October 2008
  Member Organizations
                                                                                                      pre-   K-12    and beyond

Alameda County Foster Youth Alliance                           Children’s Law Center of Los Angeles
American Bar Association, Center on Children                   Columbia College
  and the Law                                                  County Welfare Director’s Association of California
California Administrative Office of the Courts, Center         Family Matters Foundation
   for Families, Children & the Courts
                                                               Honoring Emancipated Youth
California Alliance of Child and Family Services
                                                               Law Foundation of Silicon Valley
California CASA Association                                    Learning Rights Law Center
California Child Welfare Co-Investment Partnership             Los Angeles County Department of Children and
California Community Colleges Chancellor’s Office                 Family Services
California Department of Education                             Los Angeles County Education Coordinating Council

California Department of Social Services                       Los Angeles Unified School District Foster Care Unit

California Foster Youth Services                               Mental Health Advocacy Services, Inc.

California School Boards Association                           National Center For Youth Law
                                                               New Ways to Work
California State University, Los Angeles
                                                               Office of the Chancellor, The California State
California State University, San Marcos
                                                                  University
California Workforce Investment Board
                                                               Orangewood Children’s Public Counsel Law Center
California Youth Connection
                                                               Protection & Advocacy, Inc.
Casey Family Programs
                                                               Sacramento Child Advocates, Inc.
Child & Family Policy Institute of California
                                                               Stuart Foundation
Child Guidance Foster Family Agency                            Youth Law Center




  Citations and Abbreviation Key

Abbreviations included in citations or referenced throughout
the fact sheets

         AB       Assembly Bill
         CCR      California Code of Regulations
         CFR      Code of Federal Regulations                          The California Foster Youth Education Task Force thanks the
                                                                       individuals listed below for their time and effort in writing and
         EC       California Education Code                            revising this publication:

         GC       California Government Code                           written by: Sarah Vesecky, Sara Woodward, Amy
                                                                           Levine—April 2005
         IEP      Individualized Education Plan                        second edition, revised by: Sarah Vesecky, Amy Levine
                                                                           Jennifer Troia—November, 2006
         WIC      Child Welfare & Institutions Code                    third edition, revised by:
                                                                           Patty Armani, Betsy DeGarmoe, Karie Lew, Craig
         USC      United States Code                                       Liu, Marymichael Miatovich, Ann Quirk, Robert
                                                                           Taniguchi, Leecia Welch—October, 2008
For electronic copies of this publication and for other
                                                                       produced courtesy of Casey Family Programs
resources, please visit www.casey.org and www.clcla.org
   factsheet number one



     AB 490
                                                pre-   K-12and beyond
                                                                        California Foster Youth Education
                                                                        Task Force

Introduction                                     The child’s educational rights-holder may       does not have the clothing or records nor-
Effective January 1, 2004, Assembly              also file form JV-539 to request a hearing      mally required for enrollment.
Bill 490 (Steinberg) created new duties          on a proposed school change. CRC 5.651(e)(2)    EC § 48853.5(d)(4)(B).
and rights related to the education              (B).
                                                                                                 Timely Transfer of Records
of dependents and wards in foster care.          If there is a hearing request, the social       Placing Agency’s Duties
                                                 worker or probation officer must provide a      As soon as the social worker or probation
Guiding Principles                               report on the proposed change within 2          officer becomes aware of the need to
Everyone shares the duty to promote              court days, and the hearing must be held        transfer a child to a new school, he/she
the educational progress of children in          within 7 calendar days. Pending the result      must notify the school district of the child’s
out of home placements.                          of the hearing, the child has a right to re-    last expected day of attendance and re-
                                                 main in his or her current school. CRC 5.651    quest that the child be transferred out.
Educators, school personnel, social              (e)(2)-(4).                                     EC § 49069.5(c).
workers, probation officers, caretakers,         Role of the School District                     Social workers and probation officers may
advocates, and juvenile court officers must      If a child’s residential placement changes,     access the child’s school records—without
work together to serve the educational           the school district must allow the child to     needing parental consent or a court order—
needs of children in foster care.                remain in his/her ―school of origin‖ (usually   to help with school transfer and enroll-
                                                 the child’s current school) for the rest of     ment, compile the child’s health and edu-
Foster youth must have access to the same        the school year. The district’s foster youth    cation summary, and conduct educational
academic resources, services, and extra-         liaison may recommend that this right be        case management. EC § 49076(a)(11).
curricular and enrichment activities avail-      waived after consulting with the child and
able to all students. All educational deci-                                                      New School District’s Duty
                                                 his/her educational rights-holder and pro-      Within 2 business days of receiving a re-
sions must be in their best interests. EC §§     viding them with a written explanation. If a
48850(a), 48853(g); WIC §§ 361(a), 726(b).                                                       quest for enrollment, the foster youth liai-
                                                 dispute arises, the child has the right to      son for the new school must contact the
Educational matters must be considered at        remain in the school of origin until the dis-   school last attended by the child to obtain
every court hearing. Social workers and          pute is resolved. EC § 48853.5(d).              all academic and other records.
probation officers have many education-          School District Liaison                         EC § 48853.5(d)(4)(C).
related reporting requirements. See CRC          Each school district and county office of       Old School District’s Duties
5.651(c) for a detailed list of requirements.    education must designate an educational         Within 2 business days of receiving a trans-
                                                 liaison for foster youth, whose duties are:     fer request, the current school district must
School Stability                                 • To ensure proper educational placement,       transfer the child out and deliver the stu-
Role of the Placing Agency                       school enrollment, and checkout from            dent’s school records to the next school.
When making an out-of-home placement,            school,                                         The records must include a determination
the placing agency must consider both the        • To assist with the transfer of grades,        of seat time, full or partial credits earned,
placement’s proximity to the child’s current     credits, and records when there is a school     current classes and grades, immunization
school and the impact the placement will         change, and                                     records, and, if applicable, special educa-
have on the child’s educational stability.       • To request or provide school records
WIC § 16501.1(c).                                                                                tion or Section 504 records. EC § 49069.5(d)-
                                                 within 2 business days when there is a          (e).
                                                 change of school. EC § 48853.5(b), (d)(4)(C).   All records must be provided to the new
Within 24 hours of determining that a pro-
posed placement or placement change              Local Public Schools Preferred                  school regardless of any outstanding fees,
would result in a change of school, the          Foster children must attend programs oper-      fines, textbooks, or other items or money
social worker or probation officer must          ated by the local educational agency            owed to the school last attended. EC §
notify the court, child’s attorney, and edu-     unless:                                         48853.5(d)(4)(C).
cational representative or surrogate parent.     • The child remains in the school of origin,    Grade and Credit Protections
CRC 5.651(e)(1)(A).                              • The child has an IEP requiring a different    A child’s grades may not be lowered due to
                                                 educational placement, or                       absences caused by a change in place-
If a child who is changing schools has an        • The child’s educational rights-holder         ment, a court appearance, or a court-
Individualized Education Program (IEP), the      determines that it is in the child’s best       ordered activity. EC § 49069.5(g)-(h).
social worker or probation officer must give     interest to attend a different educational
written notice of the impending change to        program. EC § 48853(a).                         Local educational agencies must award all
the current local educational agency and                                                         students (not just foster youth) with credit
the receiving Special Education Local Plan       Before any decision is made to place a          for full or partial coursework satisfactorily
Area at least 10 days in advance. CRC 5.651      child in a juvenile court school, community     completed at a public school, juvenile court
(e)(1)(B).                                       school, or other alternative educational        school, or non-public, non-sectarian school
                                                 setting, the child’s educational rights-        or agency. EC § 48645.5.
Role of the Court                                holder must first consider placement in the
The child’s attorney must discuss any pro-       regular public school. EC § 48853(b).
posed school change with the child and the                                                       The California Foster Youth Education Task
child’s educational rights-holder, as appro-     Immediate Enrollment                            Force is a coalition of more than 35 organiza-
priate, and may request a hearing on the         If a child changes schools, he/she has the      tions dedicated to improving educational out-
                                                 right to be enrolled in the new school im-      comes for foster youth. For more information,
proposed change by filing form JV-539                                                            please contact Erin Saberi, Casey Family Pro-
within 2 court days of receiving notice. CRC     mediately, even if there are outstanding        grams, at 916.503.2950 or esaberi@casey.org.
5.651(e)(2)(A).                                  fees, fines, textbooks, or other items or
                                                 money due to a school or if the student         Fact sheets produced April 2005. Third edition -
                                                                                                 October 2008.
factsheet number two


Education Rights
                                                   pre-   K-12
                                                             and beyond
                                                                              California Foster Youth Education
                                                                              Task Force

Introduction                                        Prior to disposition, the court can temporar-        Limitations on Appointments
Parents have the right to make educational          ily limit the parents’ educational rights.           • Court-Appointed Decision-Makers
decisions for their children unless their           This limitation expires if the petition is dis-      A person who has a conflict of interest can-
child is in a legal guardianship, their child       missed or after a hearing under WIC § 361            not be appointed to be the educational
                                                    (Disposition). WIC § 319. The court may re-limit     representative. This includes social work-
has been freed for adoption (parental
                                                    educational rights at the Dispositional              ers, probation officers, the child’s attorney
rights terminated), or the juvenile court has                                                            and group home staff. A foster parent is
                                                    Hearing or at any subsequent hearing.
limited their educational rights. WIC §§ 361,       WIC § 361                                            not deemed to have a conflict of interest
726; GC § 7579.5; EC § 56055; 34 CFR §300.30.
                                                                                                         solely because he/she receives compensa-
The social worker or probation officer must         • Appointing an Educational Representative           tion. WIC §§ 361(a), 726(b).
confirm and indicate in every court report          At the same time the court limits educa-
                                                                                                         • Surrogate Parents
who is the current educational rights holder        tional rights, it must appoint a ―responsible
                                                                                                         A surrogate parent may not be employed by
for the child. CRC 5.650                            adult‖ to make educational decisions for
                                                                                                         the California Department of Education, the
                                                    the child. WIC §§ 361(a), 726(b). (The California
                                                                                                         LEA, or any other agency involved in the
Why Does This Matter?                               Rules of Court refer to this person as an            education or care of the child. GC § 7579.5(i)-
Important decisions often are not made in           ―educational representative.‖ CRC 5.502(13),         (j); 20 USC § 1415(b)(2)(A); 34 CFR § 300.519(d)(2).
a timely manner, if at all, when it is unclear      5.650(b).) The appointment must be made
                                                    regardless of whether the child has been             Length of Court Appointments
who has the right to make educational                                                                    An appointment to make educational deci-
decisions for a youth. For example:                 identified as needing special education or
                                                    other services.                                      sions lasts until one of the following things
                                                                                                         occurs:
• Special Education Evaluation
                                                    The educational representative has all of            • The youth reaches 18 years of age, at
School districts generally cannot start             the educational rights normally held by              which time the youth holds his/her own
evaluating a student for disabilities that          parents. See CRC 5.650(e)-(f) for a list of rights   educational rights. EC §§ 49061(a), 56041.5.
make him/her eligible for special education         and responsibilities. The representative is          (Exceptions are if the youth chooses not to
until the adult with educational rights signs       entitled to receive notice of and participate        make her own educational decisions or has
a proposed assessment plan.                         in hearings related to educational matters           been deemed by the court to be incompe-
                                                    and may use court form JV-537 to explain             tent to do so).
• Individualized Education Program (IEP)            the child’s educational needs to the court.          • Another adult is appointed to make edu-
A student’s IEP cannot be implemented               CRC 5.650(j).                                        cational decisions. (An educational repre-
without the approval and signature of the                                                                sentative may resign after giving notice to
adult who holds educational rights.                 • Appointing a Surrogate Parent                      the court and the child’s attorney).
                                                    If the court is unable to locate a responsi-         • The right of the parent or guardian to
• School Placement                                  ble adult for the child, and the child has           make educational decisions is fully re-
The educational rights-holder has a role in         either been referred to the local educa-             stored.
deciding whether the youth will remain in           tional agency (LEA) for special education or         • A successor guardian or conservator is
his/her ―school of origin‖ after a residential      has an IEP, the court shall refer the child to       appointed.
placement change. EC § 48853.5(d).                  the LEA for appointment of a ―surrogate              • The child is placed in a planned perma-
                                                    parent‖ using form JV-535. WIC §§ 361(a), 726        nent living arrangement, at which time the
A foster youth’s educational rights-holder          (b); GC §§ 7579.5-.6; CRC 5.650(b).                  foster parent, relative caretaker, or non-
may determine it is in the youth’s best in-                                                              relative extended family member has the
terest to attend an educational program             The LEA must make reasonable efforts to              right to make educational decisions. EC §
other than one operated by the local edu-           appoint a surrogate parent within 30 days.           56055; WIC §§ 361(a), 726(b); CRC 5.650(e)(2), (g).
cational agency. EC § 48853(a).                     GC § 7579.5(a). It must select a relative care-      Remember: the right to make educational
                                                    taker, foster parent, or CASA if one is will-        decisions only transfers to the caretaker in
Considerations for the Court                        ing and able to serve. GC § 7579.5(b). Court         a planned permanent living arrangement if
Educational matters, including who has the          form JV-536 must be used for communica-              education rights were previously limited.
authority to make educational decisions for         tion with the court about appointments and
                                                                                                         Hearing to Make New Appointment
a foster youth and whether someone else             changes. CRC 5.650(d).
                                                                                                         If a child needs a new educational repre-
should be appointed, must be considered             The surrogate parent makes decisions                 sentative to be appointed, his/her attorney
at every court hearing. CRC 5.651(b).               related to special education evaluation,             may request a hearing using court form JV-
                                                    eligibility, planning, and services.                 539. CRC 5.650(d)(4), (g)(2).
All findings and orders about educational           GC § 7579.5(c).
decision-making must be documented in
court form JV-535. CRC 5.650(b).                    • Court as Educational Decision-Maker
                                                    If the court cannot identify a responsible
Appointing Educational Representatives              adult to make educational decisions for the          The California Foster Youth Education Task
The court can limit the right of a parent or        child and the child does not qualify for spe-        Force is a coalition of more than 35 organiza-
guardian to make educational decisions for          cial education, the court may make educa-            tions dedicated to improving educational out-
a child if it is necessary to protect the child.    tional decisions for the child with the input        comes for foster youth. For more information,
Any limitations must be specified in a court                                                             please contact Erin Saberi, Casey Family Pro-
                                                    of any interested person. WIC §§ 319(g)(2), 361      grams, at 916.503.2950 or esaberi@casey.org.
order. WIC §§ 361(a), 726(b); CRC 5.650(a).         (a); CRC 5.650(b).
                                                                                                         Fact sheets produced April 2005. Third edition -
                                                                                                         October 2008.
factsheet number three



Special Education
                                                pre-   K-12
                                                         and beyond
                                                                        California Foster Youth Education
                                                                        Task Force

The following information pertains to            Laws Governing Special Education                  California Law parallels IDEA: Found at
children between the ages of 3 – 22 who                                                            Cal. Ed. Code §§ 56000 and following; State Regula-
are eligible for special education services.     FEDERAL LAW                                       tions: 5 CCR §§3000 and the following sections.
The procedures are slightly different for                                                          Each district will have its own Section 504
children under age 3 who are eligible for        IDEA: The Individuals with Disabilities           policy.
Early Intervention Services.                     Education Act, found at 20 USC §§ 1400
                                                 and the following sections, ensure that           Eligibility for Special Education Services
What is Special Education?                       all children with disabilities have access        under IDEA
Special education is a system of services        to a free appropriate public education            Two triggering conditions must be met:
and supports designed to meet the specific       (FAPE) that emphasizes special education          • Child has an impairment adversely
learning needs of a child with disability.       and related services designed to meet
                                                                                                   affecting his/her educational performance
EC § 56031                                       unique needs.
                                                                                                   that requires special education.
Who Receives It?                                 IDEA’s corresponding federal regulations          • Impairment fits into one of the following
MYTH: All special education students             are found at 34 CFR Part 300.                     qualifying categories of disabilities: mental
attend a special education class or special                                                        retardation; hearing impairment; speech or
school with other disabled students.             Section 504: Sec. 504 of the Rehabilitation       language impairment; visual impairment;
                                                 Act of 1973 is found at 29 USC §794, 34 CFR       emotional disturbance; hearing and visual
REALITY: Special education services can          §104.1 and the following sections.                impairment; severe orthopedic impairment;
be provided in an array of individualized                                                          autism; traumatic brain injury; other health
educational placements appropriate to            SECTION 504 covers a broader group of             impairment; or specific learning disability.
the individual student. Not all are extremely    students than IDEA. All children that             20 USC § 1401(3); EC §56026
restrictive. Where appropriate, they can be      qualify under IDEA also qualify for protec-
provided in the mainstream classroom with        tions under 504, but there are some stu-          Age: Students may be eligible for special
additional supports.                             dents who only qualify for 504. Usually           education from birth to age 22. EC §56026
                                                 students with 504 plans are those who do
What is Provided Under Federal and               not qualify under IDEA.
California Law?                                                                                    Early Intervention Services:
                                                 Eligibility for 504: Section 504 provides         children under age 3; provided through the
FAPE: Free, Appropriate, Public, Education.      services to students who have a physical or       regional center.
Refers to the provision of highly individual-    mental impairment that substantially im-
ized special education and related               pairs a major life activity (such as learning).   Preschool Services: children between ages
services provided at public expense.             34 CFR §104.3(j)                                  3 – 5; provided through the school district.
20 USC §1401(9); 34 CFR §300.17;                 Some examples of disabilities that may
EC §56000; 5 CCR §3001(o)
                                                 warrant a 504 plan are asthma, allergies,
                                                                                                   Special Education Services: children be-
                                                 diabetes, ADD, or ADHD.
Related Services: Any services necessary to                                                        tween the ages of 5-22; provided through
help a student benefit from special educa-       Similarities and Differences Between 504          school district.
tion program, e.g. transportation, psycho-       and IDEA: Both require districts to provide
logical services, physical, speech and occu-     disabled students with FAPE.                      Timelines and Procedures
pational therapy, etc.                                                                             SST (Student Study Team). An SST is a
20 USC §1401(26); 34 CFR §300.34;
EC §56363                                                                                          function of regular education, not special
                                                                                                   education, and is governed by school dis-
LRE: FAPE must be provided in the                                                                  trict policy, not federal or state law. It is not
Least Restrictive Environment. Children                                                            mandatory to have an SST prior to an IEP
with disabilities are to receive education                                                         or referral for special education assess-
to the maximum extent appropriate with                                                             ment. Students struggling in school may be
nondisabled peers and are not to be re-                                                            referred to an SST. SST’s can be the ―first
moved from regular classes unless, even                                                            step‖ towards determining whether a stu-
with supplemental aids and services, edu-                                                          dent needs special education services.
cation in regular classes cannot be
achieved satisfactorily.
20 USC §1412(a)(5)(A); EC §56031                                                                   Individualized Education Program (IEP)
                                                                                                   The meeting and document that sets forth
Child Find: School districts/SELPAS              IDEA requires districts to develop an             what services a child found to be eligible
have a duty to actively and systematically       Individualized Education Program (IEP)            for special education is to receive. Also
identify, locate and assess individuals with     While Section 504 requires a plan, it is          the meeting where eligibility is determined.
exceptional needs who may be entitled to                                                           EC §§56032, 56341
                                                 not called an IEP, and different districts
special education services. 20 USC §1412(a)                                                                                   (continued on next page)
(3); EC §56301(a), 34 CFR §300.111               process these plans differently.
                                                                                                                 factsheet number three
 Special Education (continued)

(continued from previous page)                  IEP reviewed at least once annually, or           The due process hearing should be con-
                                                more frequently upon request.                     ducted at a time and place reasonably
Who Attends?                                    20 USC § 1414(d)(4); EC §§ 56343, 56043           convenient to the parent and the child.
An IEP Team consists of: a parent/                                                                34 CFR §300.511(d); EC §56505 (b)
educational representative or surrogate         Note that the IDEA Reauthorization does
parent, one regular education teacher, an       permit 15 pilot states to create ―long-term‖      An impartial hearing officer should
educational agency representative other         IEPs that are reviewed every three years.         conduct the hearing. 20 USC §1415(f)(3);
than the teacher, individual who conducted      California has not been identified                34 CFR §300.508; EC §56505(c)
the assessment, other individuals with          as a pilot state. 20 USC §1414 (d)(5)
expertise or knowledge about the child’s                                                          Compliance Complaint: Parents/
needs at the local education agency’s or        A complete reevaluation must be done              educational representatives should file a
parent’s discretion, and the child, when        every three years, or more frequently             compliance complaint with the State
appropriate. 20 USC §1414(d)(1)(b); 34 CFR      upon request. 20 USC §1414(a)(2)(B);              Department of Education when they
§300.344; EC §56341                             34 CFR §300.536, EC §§56381, 56043(k)             feel that the school district has violated
                                                                                                  their duty under a student’s IEP or the
The IEP Process                                 Educational Representative or surrogate           special education laws. Anyone may
                                                parent appointed by the court or school           file a Compliance Complaint (i.e. individual
Referral for assessment to determine            district may sign the IEP in lieu of the natu-    does not have to hold education
eligibility for special education service       ral parent if natural parent’s educational        rights for the child). 20 USC §1415(b)(6);
starts the process (may be made by parent,      rights have been limited (see fact sheet on       34 CFR §300.660-662; 5 CCR §4650; 5 CCR §4600;
teacher, or other provider) but must be         educational rights). WIC 361, 726; GC §§7589.5,   EC§56500.2
in writing to ensure that assessment and        7579.6; 20 USC §1415(b)(2)(A)(i); EC § 56055
meeting timelines will begin. EC §56029;
5 CCR §3021
                                                Procedural Rights/Disagreements with
                                                Schools
―Proposed assessment plan‖ must be
submitted to the person who holds educa-        If the person who holds education rights
tion rights, within 15 calendar days of re-     needs time to think over or disagrees with
ceipt of written referral. EC §56321(a). This   parts of an IEP plan, they should not sign it
plan explains what types of assessments         at the IEP meeting. It is their right to with-
will be conducted. Generally a child cannot     hold consent. Any parts of the IEP to which
be assessed without written consent.            the parent or equivalent has not consented
Exceptions may apply if:                        may become the basis for a due process
• child is a ward of the court (in limited      fair hearing. 20 USC §1415; EC §56346
circumstances)
• district prevails at a due process            Due Process
hearing
EC §§ 56321, 56381(f)
                                                If the person who holds education rights
Person who holds education rights has           disagrees with the services provided
15 calendar days to provide written con-        under the IEP and thinks they do not
sent to proposed assessment.                    provide FAPE, he/she may file for a due
EC §§ 56321(c), 56043(b)                        process fair hearing. EC §56502. Requests
                                                are filed with the Office of Administrative
The initial IEP team meeting to determine       Hearings (OAH).
eligibility must be held within 60 calendar
days (not school days) of receipt of written    If the person who holds education rights
consent to assessment, not counting sum-        files for a due process hearing, the youth
mer vacation or school breaks of 5 days or      must generally ―stay put‖ (i.e. remain)
more. EC §§ 56344(a), 56043(c)                  in his/her current placement until the dis-
                                                agreement is resolved. 20 USC §1415 (j); 34
At the IEP meeting, a student’s eligibility     CFR §300.518; EC §56505(d)
for special education services under
IDEA is determined. If a student is found       After filing, the person who holds education
eligible, then an IEP document and plan         rights may attend mediation with the
is developed. The written IEP includes          district. During the time of this mediation
                                                process, the student is generally entitled to     The California Foster Youth Education Task
goals and objectives, accommodations,                                                             Force is a coalition of more than 35 organiza-
related services, behavioral plans, where       remain in his/her current school placement        tions dedicated to improving educational out-
necessary (see fact sheet on behavioral         and an attorney may represent any of the          comes for foster youth. For more information,
plans) and, transitional plans for no later     parties to the mediation.                         please contact Erin Saberi, Casey Family Pro-
                                                20 USC §1415e; 34 CFR §§300.506, 507(a)(2);       grams, at 916.503.2950 or esaberi@casey.org.
than 16 years of age. 20 USC §1414(d);          EC§56501(b)(1)(2); EC §56503
EC §56345.1; 5 CCR §3042(b);                                                                      Fact sheets produced April 2005. Third edition -
EC §56043(g)(1)                                                                                   October 2008.
factsheet number four


Nonpublic Schools
                                                 pre-   K-12
                                                         and beyond
                                                                        California Foster Youth Education
                                                                        Task Force


Nonpublic Schools Definition:                     Foster Children (LRE): School Districts/          Assembly Bill 1858
                                                  SELPA/County Office of Education
NPS: A private, nonpublic, nonsectarian                                                             Assembly Bill 1858 was passed in 2004.
                                                  shall first consider placement and
school that enrolls individuals with                                                                AB 1858 requires that an NPS provide
                                                  services though programs operated by
exceptional needs pursuant to an Individu-                                                          access to:
                                                  public education – regardless of whether
alized Education Program (IEP).                                                                     • The same instructional materials
                                                  the child is placed with a relative, foster
EC §56034                                                                                           used by the district in which the NPS is
                                                  parent, or group home/licensed children’s
                                                                                                    located. EC §56366.10(b)
                                                  institution. Foster youth with special needs
Placement in an NPS                                                                                 • College preparation courses.
                                                  may only be placed in a nonpublic school if       EC §56366.10(b)(2)
                                                  the district/SELPA does not have a public         • Extracurricular activities such as art,
Students may not be placed in an NPS              program that can meet the child’s needs.          sports, music, and academic clubs.
unless they have a valid IEP requiring            EC §56157(a)                                      EC §56366.10(b)(3)
placement at the NPS, or the person                                                                 • Career preparation and vocational
holding educational rights consents. EC           Children Placed in Group Homes /                  training. EC §56366.10(b)(4)
§48853 (see Education Rights fact sheet)          Licensed Children’s Institutions (LCI)            • Supplemental assistance, including
                                                                                                    academic tutoring, psychological counsel-
A student must have an IEP and be as-                                                               ing, and career and college counseling.
sessed for special education services prior                                                         EC §56366.10(b)(5)
to placement in a NPS. EC §§56342.1, 56320                                                          • Teachers and staff who provide
• The assessments conducted must                                                                    academic instruction and support
conform with state and federal law.                                                                 services with the goal of integrating
• The student may not be assessed for                                                               the students into the least restrictive
special education services unless the                                                               environment. EC §56366.10(c)
person who holds educational rights
has provided consent, with certain
exceptions. EC §56321

Exceptions:
• The school district has prevailed at a
due process hearing. EC §§56321(c), 56506.
• IDEA does not require parental
consent for the initial evaluation of
a child who is a ward of the state and
not living with his/her parents if the LEA
cannot find the parent, the parent’s              A Group Home/Licensed Children’s Institu-
rights have been terminated, or a judge           tion may not condition placement at the
has removed the parent’s educational              LCI on attendance at a nonpublic school
decision-making rights and appointed              owned or operated by an agency associ-
another person to represent the child.            ated with the LCI. EC §56366.9
20 USC §1414(a)(1)(d)(iii); EC § 56321.1
                                                  A licensed children’s institution or nonpub-
Consent for an initial assessment is              lic, nonsectarian school, or agency may not
not consent for placement in an NPS or            require as a condition of placement that
provision of any other special education          educational authority for a child, as defined
services. EC §56321(d)                            in Section 48859, be designated to that
                                                  institution, school, or agency. EC §48854
Least Restrictive Environments (LRE)
                                                  When a child is placed in a licensed chil-
Students must be placed in the least re-          dren’s institution with an on-grounds non-
strictive environment to meet his/her             public school, the child may attend the on-     The California Foster Youth Education Task
needs. A child shall not be placed in a spe-      grounds school only if the SELPA’s IEP          Force is a coalition of more than 35 organiza-
                                                                                                  tions dedicated to improving educational out-
cial class or NPS unless the severity of the      Team has determined that there is no ap-        comes for foster youth. For more information,
disability is such that education in a regular    propriate public program in the community       please contact Erin Saberi, Casey Family Pro-
class with the use of supplementary aids          (i.e. RSP, Special Day class, etc) and the on   grams, at 916.503.2950 or esaberi@casey.org.
and services cannot be achieved satisfac-         -grounds program is appropriate and can         Fact sheets produced April 2005. Third edition -
torily. EC § 56040.1                              implement the child’s IEP. 2 CCR §60510(b)(2)   October 2008.
factsheet number five


AB 3632
                                               pre-   K-12
                                                       and beyond
                                                                     California Foster Youth Education
                                                                     Task Force


What Are AB 3632 (AB 2726) Services and         Obtaining AB 3632 Services: Referral         should appear in writing on the IEP,
How Are They Provided?                          Process and Timeline                         whether or not the team agrees.
                                                                                             2 CCR §60040
                                                Who Makes the Referral?
AB 3632 (also referred to as 26.5 or AB
2726) services are mental health services                                                    Generally speaking, the school district
                                                In order to obtain AB 3632 mental
provided as part of a youth’s Individualized                                                 must first attempt to meet the child’s
                                                health services, a school must make a
                                                                                             mental health needs through ―appropriate
Education Program (IEP) to ensure that the      referral to the county department of
                                                                                             counseling and guidance services,
youth benefits from his/her education. AB       mental health (DMH). 2 CCR § 60040. The
                                                                                             psychological services, parent counseling
3632 services are ―related‖ services (see       school usually makes the referral after
                                                                                             and training, social work services or behav-
special education fact sheet). GC §7572         the IEP team has met and decided that        ioral intervention.‖ GC §7576(b)(5)
Common types of services include: individ-      such a referral is appropriate. However,     Exception: Where school counseling,
ual, group or family psychotherapy; day         the school psychologist may make the         parent counseling/training, social work
treatment services; residential placement.      referral without an IEP team meeting.        services, and behavioral intervention
                                                                                             would clearly be inappropriate and
Who Provides AB 3632 Services?                  Once DMH has received the referral, it       ineffective. In these cases, the IEP Team
Mental health services are provided             must provide the person who holds educa-     must document what services were consid-
through the County Department of                tional rights with an assessment plan (see   ered and why they were rejected.
Mental Health (DMH). GC §§7572, 7576            fact sheet on educational rights). 2 CCR     2 CCR §60040(b)(4); GC §7576(b)(5)

                                                §60045(b). DMH cannot conduct the assess-
Eligibility for Mental Health/AB 3632           ment for AB 3632 services until the person   How Long Does DMH Have to Complete the
Services                                                                                     Assessment after the Request by the
                                                                                             School is Made?
There are two eligibility requirements
that must be met for a youth to receive                                                      The assessment must be completed and
                                                                                             an IEP meeting held to discuss the
AB 3632 mental health services:
                                                                                             assessment within 50 days of the DMH
• The youth must be eligible for
                                                                                             receiving the signed assessment plan.
special education services. GC §7576                                                         2 CCR §60045(e)
• The youth must need mental health
services in order to benefit from his/her
special education program. GC §7572

NOTE: A student does not need to be
eligible for special education services
                                                who holds education rights has given
through the ―emotionally disturbed‖ Individ-
                                                written consent to the assessment.
ual’s with Disabilities Education Act (IDEA)
                                                2 CCR §60045
category in order to receive AB 3632 ser-
vices. He/she need only be eligible for spe-    The person who holds educational rights
cial education services in any category.        may request that the school psychologist
                                                make the referral to DMH without an
However, to receive residential placement       IEP meeting. If the school refuses, the
AB 3632 services, the youth must be made        person who holds educational rights
eligible for special education because of       may request that an IEP meeting be held
his/her ―emotional disturbance.‖ In addi-       within 30 days of his/her request. These     The California Foster Youth Education Task
tion, to receive residential placement, the                                                  Force is a coalition of more than 35 organiza-
                                                requests should be in writing.               tions dedicated to improving educational out-
child must require a 24-hour therapeutic        EC §56343.5                                  comes for foster youth. For more information,
program in order to benefit from his/her                                                     please contact Erin Saberi, Casey Family Pro-
                                                                                             grams, at 916.503.2950 or esaberi@casey.org.
educational program. 2 CCR §60100               At the IEP meeting, a request for an AB
                                                                                             Fact sheets produced April 2005. Third edition -
                                                3632 DMH assessment may be made and          October 2008.
factsheet number six


Functional Behavioral Assessments (FBA)
And Behavioral Intervention Plans (BIP)
                                               pre-   K-12
                                                        and beyond
                                                                            California Foster Youth Education
                                                                            Task Force

Definitions                                     by the IEP to be a manifestation               and for which a behavioral plan has not
                                                of the child’s disability pursuant to 20       been developed; or (2) for which a previ-
Functional Behavioral Assessments (FBA) /       USC §1415(k)(1)(E) & (F).                      ously designed behavior intervention is not
Functional Analysis Assessments (FAA) :         • When a student is removed from his/          effective.” 5 CCR §3001(c)
A functional analysis assessment is an          her current placement as a result of (1)
analysis of a student’s maladaptive behav-      weapon possession; (2) illegal drug            Emergency interventions may only be
ior. The assessment must include exten-         possession/use; (3) infliction of serious      used to control unpredictable, spontane-
sive observation of the student and an in-      bodily injury, regardless of whether the       ous behavior which poses clear and pre-
depth analysis of the student’s environ-        behavior was a manifestation of the            sent danger of serious harm to others
ment and past history. The goal is to deter-    child’s disability, as appropriate so that     which cannot be prevented by a less re-
mine what triggers the maladaptive behav-       the behavior does not recur.                   strictive response. 5 CCR §3052(h)(i). Emer-
ior and to learn how to best control the        20 USC §1415(k)(1)(G)
                                                                                               gency interventions may not include (1)
behavior through the use of positive inter-     • When the child is removed from his/          locked seclusion (unless it is in a facility
vention strategies. Prior to conducting a       her placement for more than 10 school          otherwise licensed or permitted by state
functional analysis assessment, the school      days (i.e. suspension or expulsion) and
                                                                                               law to use locked room); (2) employment of
district must obtain consent from the per-      the behavior is determined not to be
                                                                                               a device or material or objects which simul-
son who holds educational rights (see fact      related to his/her disability.
                                                                                               taneously immobilize all four extremities
sheet on educational rights).                   20 USC §1415(k)(1)(D)(ii)
                                                                                               (except that prone containment may be
Who Conducts the Functional Analysis            If the IEP Team determines that behavior       used as an emergency intervention by staff
Assessment?                                     that violates a code of student conduct is a   trained in such procedures), and (3) force
State law requires that a functional            manifestation of the child’s disability, and   that exceeds that which is necessary under
analysis assessment be ―conducted by or         that the child already has a BIP, the IEP      the circumstances.
under the supervision of a person who           Team must review the BIP and modify it, as
has documented training in behavior             necessary, to address the behavior.            Whenever an emergency intervention is
analysis with an emphasis on positive           20 USC §1415(k)(1)(F)                          used, the school district must (1) notify
behavioral interventions.‖ 5 CCR §3052(b)                                                      the parent (and residential care provider
                                                What Shall a Functional Analysis               if appropriate); (2) forward a Behavioral
Behavior Intervention Plan (BIP):               Assessment Include?                            Emergency Report to the student’s file
A written document that is developed                                                           and designated administrator; (3) schedule
when the individual exhibits a serious          California Law requires that those             an IEP meeting within 2 days for any stu-
                                                conducting FBA/FAA gather information          dent without a current behavioral interven-
behavior problem that significantly
                                                from three sources:                            tion plan to determine the necessity for a
interferes with the implementation of the
                                                • Direct observation                           functional analysis assessment and to
goals and objectives of the individual’s
                                                • Interviews with significant others           determine the necessity for an interim be-
Individualized Education Program (IEP).
5 CCR §3001(f)                                  • Review of available data such as             havioral intervention plan.
                                                other assessments and individual records.      5 CCR §3052 (h) (i)
                                                5 CCR §3052
Positive Interventions
Interventions are to be positive in nature.                                                    Federal law refers to “Functional Behav-
                                                These sources/observations must include:       ioral Assessment”; State law refers to
Behavioral interventions do not include
                                                • Systematic observation of the targeted       “Functional Analysis Assessment.”
procedures which cause pain or trauma.
                                                behavior in order to determine frequency,
Behavioral interventions respect the indi-
                                                duration, and intensity;                       See also Cal. Ed Code §48915.5.
vidual’s human dignity and personal
                                                • Observation of events which trigger
privacy. Such interventions shall assure the
                                                the behavior, analysis of the consequences
individual’s physical freedom, social inter-
                                                of the behavior;
action, and individual choice.
5 CCR §3001(d); 5 CCR §3052 (d)                 • Ecological analysis of the settings in
                                                which the behavior occurs;
FBA and BIP Procedures                          • Review of records for medical and
                                                health factors which may influence
When must the school district conduct           behavior; and a
an FBA and develop a Behavioral Interven-       • Review of the history of the behavior,
tion Plan?                                      including the effectiveness of previously
• When an IEP Team finds that instruc-          used behavioral interventions.
tional/behavioral approaches specified in       5 CCR §3052(b)(1)
the student’s IEP have been ineffective [5                                                     The California Foster Youth Education Task
CCR § 3052(b)], and/or                          What Happens if there is a ―Behavioral         Force is a coalition of more than 35 organiza-
                                                                                               tions dedicated to improving educational out-
• Student exhibits a serious behavior prob-     Emergency?‖                                    comes for foster youth. For more information,
lem that significantly interferes with the                                                     please contact Erin Saberi, Casey Family Pro-
implementation of the goals and objectives      A behavioral emergency is “the demonstra-      grams, at 916.503.2950 or esaberi@casey.org.
of the student’s IEP. 5 CCR §3001(f)            tion of a serious behavior problem (1)         Fact sheets produced April 2005. Third edition -
• Behavior that violates a “code of student     which has not previously been observed         October 2008.
conduct‖ (i.e. school rule) is determined
factsheet number seven


School Discipline
                                               pre-   K-12
                                                        and beyond
                                                                          California Foster Youth Education
                                                                          Task Force

Introduction                                    within 2 school days unless the student                • Before a student can be expelled, the
                                                waives the right to attend.                            district must conduct a hearing. The
If student is in special education or           EC §48911(c)
suspected of being eligible for special                                                                district governing board may conduct
education services, please see Fact             At the time of suspension, the school must             the hearing, or the district can appoint
Sheet 8 titled Special Education                make a reasonable effort to contact the                an administrative panel or hearing officer
Discipline since additional procedural          student’s parents by telephone or in per-              to conduct the hearings.
safeguards may apply.                           son. In addition, the parent must be noti-             EC §§48918(a), 48918(d)
                                                fied in writing of the suspension.                     • The hearing must be held within 30
Suspensions and expulsions are two              EC §48911(d)                                           school days after the school recommended
types of school discipline. Both are                                                                   the student for expulsion, unless the stu-
regulated by California Education Code          While the school can request that a parent             dent requests that the hearing be post-
§48900 and the following sections.              attend a conference regarding the stu-                 poned. EC §48918(a)
                                                dent’s behavior before the student returns             • The student must receive written notice
For both suspensions and expulsions,            to school, if the parent fails to attend, the
the school district must have grounds                                                                  of the hearing at least 10 calendar days
                                                student cannot be penalized for this fail-
to suspend or recommend a student for           ure, and the school cannot postpone the                before the hearing. The notice must include
expulsion. Grounds for suspension or            student’s return to school. EC §48911(f)               the date and place of the hearing and a
expulsion must contain two elements:                                                                   statement of specific facts regarding the
an act prohibited by the Ed Code and a          Limits to Suspensions                                  basis for the expulsion recommendation. EC
connection to school. EC §48900(r)              In general, a student cannot be suspended              §48918(b)
                                                for more than 5 consecutive school days,               • The student has the right to bring a
ACT: EC §§ 48900, 48900.2 – .4 & .7             or 20 school days total.                               lawyer or other advocate to the hearing.
list specific prohibited acts. Students         EC §§48911(a), 48903(a)                                EC §48918(b)(5)
can be suspended or recommended for                                                                    • At the hearing, the student can bring
expulsion for many acts, but cannot be          EXCEPTIONS                                             His/her own witnesses and/or ask that the
suspended or expelled for being tardy or        If the student is recommended for expul-               district subpoena witnesses. The
absent from school. EC §48900(v)                sion, and the school holds a meeting with              student has the right to question the
                                                the student’s parents and determines that              witnesses and present evidence.
Connection to School                            the student poses an ongoing danger or
The act must be related to school activity.                                                            • In general, the governing board
                                                threat of disrupting the educational proc-             cannot base a decision to expel a student
A student can be suspended or expelled          ess, the student can be suspended while
for acts that occur while on school grounds,    the expulsion is pending, even if this ex-             solely on hearsay. EC §48918(f)
while going to or coming from school, dur-      ceeds 5 cumulative school days, or 20 total
ing the lunch period, or during, going to or    school days that year.
coming from a school sponsored activity.        EC §48911(g)
EC §48900(r)

Disabled students have different rights         If the student enrolls in or transfers to a
regarding school discipline. If you are         new school, he/she can be suspended for
working with a student who receives or          up to 30 days that school year. EC §48903(a)
should receive special education, see the
fact sheet on school discipline & special       Suspension can only be used after a
education. EC §48915.5                          school tries other ways to discipline a
                                                student. Exception: If the student violated
Suspensions                                     EC §48900(a), (b), (c), (d) or (e), or if the school
A suspension is a temporary removal from        finds that the student’s presence causes a
school.                                         danger to other students, property, or
                                                threatens the instructional process, the               Necessary Findings
                                                school can suspend the student for a first             In most cases, in order to expel a
Suspension Procedures
                                                offense, without first using other discipli-           student, the school district must do the
Suspensions should be preceded by an
informal conference. EC §48911(b)               nary methods. EC §48900.5                              following:
                                                                                                       • Honor the student’s due process
At the conference, the student must be          Expulsions                                             rights by meeting all procedural and
informed of the reason for the disciplinary     An expulsion prohibits a student from                  time requirements.
action and given an opportunity to present      attending any school within the district for           • Demonstrate that there are grounds
his/her story and evidence in his/her de-       a year. The school can recommend a stu-                for the expulsion. [Grounds include an
fense. EC §48911(b). A student can be sus-      dent for expulsion, but only the governing             act prohibited by EC and a connection
pended without a conference only in an          school board can actually issue an expul-
                                                sion.                                                  to school; see above].
―emergency situation.‖ EC §48911(c)                                                                    • Demonstrate that either other means
                                                Expulsion Procedures                                   of correction are not feasible or have
If a student is suspended without a confer-                                                            failed to bring about proper conduct, or
ence, both the parent and the student           A student recommended for expulsion
must be notified of the student’s right to a    has due process rights. They include:
                                                                                                                                 (Continued on next page)
conference. The conference must be held
                                                                                                             factsheet number seven
  School Discipline (continued)
(Continued from previous page)                 Rehabilitation Plans
                                               At the time of the expulsion, the governing
that due to the nature of the act, the         board must recommend a plan of rehabili-
presence of the student causes a continu-      tation for the period of time while the stu-
ing danger to the physical safety of           dent is expelled. This plan can include rec-
the student or others. EC §48915(b)            ommendations for improved academic
                                               performance, tutoring, special education
Zero Tolerance Offenses                        assessments, job training, counseling, em-
In some cases, the secondary findings in EC    ployment, or community service.
§48915(b) are not required. In these situa-    EC §48916(b)
tions, the governing board must expel a
student if the district establishes that the   Readmission
student committed one of the following         At the end of the expulsion, the
acts + connection to school. EC §48915(c)      student can apply for readmission to
• possessing, selling, or furnishing           the governing board. The board must
a firearm                                      readmit the student unless they find
• brandishing a knife                          that either:
• selling a controlled substance               • the student has not completed her
• committing or attempting to commit           rehabilitation plan, or
sexual assault                                 • the student continues to pose a
• possession of an explosive                   danger to campus safety, other students,
                                               or district employees. EC §48916(c)
Suspended Expulsions
When the governing board has made the          Appeals
necessary findings to expel a student, the     The student has the right to appeal the
board can decide to suspend enforcement        board’s decision. The student has 30
of the expulsion for a period of up to one     days to file an appeal with the county
year. The board can also assign the stu-       board of education. EC §48919. The decision
dent to an educational program designed        of the county board is final. EC §48924
to rehabilitate the student. EC § 48917(a).    Grounds for appeal are limited to the
During this period, the student is on proba-   following questions:
tionary status. EC §48917(c)                   • Whether the governing board
                                               acted without or in excess of its jurisdic-
The board can revoke the suspension            tion;
or the expulsion if the student commits        • Whether there was a fair hearing
any of acts prohibited by the EC, or if        before the governing board;
the student violates any district rules or     • Whether there was a prejudicial
regulations. EC §48917(d)                      abuse of discretion at the hearing;
                                               • Whether there is relevant and material
Terms of Expulsion                             evidence, which, in the exercise of
Education Program while Suspended              reasonable diligence, could not have
The district must provide an educational       been produced or was improperly excluded
program for the student while he/she is        at the hearing. EC §48922
expelled. This must be set up at the time
the board expels the student. EC §48916.1
Readmission Dates
For non-zero tolerance offenses, the
expulsion can be no longer than the last
day of the semester following the semester
when the student was expelled.
The readmission date must be set at the
time when the pupil is expelled.EC §48916(a)                                                  The California Foster Youth Education Task
For zero tolerance offenses [listed                                                           Force is a coalition of more than 35 organiza-
                                                                                              tions dedicated to improving educational out-
previously], the term of expulsion will                                                       comes for foster youth. For more information,
be one calendar year from the date of                                                         please contact Erin Saberi, Casey Family Pro-
the expulsion. However, the governing                                                         grams, at 916.503.2950 or esaberi@casey.org.
board can decide to set an earlier readmis-                                                   Fact sheets produced April 2005. Third edition -
sion date on a case-by-case basis.                                                            October 2008.
EC §48916(a)
factsheet number eight


Special Ed Discipline
                                                   pre-   K-12
                                                            and beyond
                                                                             California Foster Youth Education
                                                                             Task Force


Introduction                                        constitute a pattern, then the suspensions           If the student returns to school, then the
                                                    are a change in placement. A pattern                 school district shall conduct a functional
California special education discipline             is shown by considering the length                   behavioral assessment (FBA) and imple-
law incorporates federal law (IDEA)                 of each suspension, the total amount of              ment a behavior intervention plan (BIP)
through Cal. Ed Code §48915.5.                      time the student is suspended, and the               unless an FBA and BIP had been con-
                                                    proximity of the suspensions to one an-              ducted and developed prior to the manifes-
Disabled students may be disciplined in             other. 34 CFR §300.536                               tation determination. In this case, the BIP
the same manner as non-disabled students                                                                 shall be modified as necessary.
                                                                                                         20 USC §1415(k)(1)(F); 34 CFR §300.530(f)
so long as the method of discipline does            All expulsions = change in placement                 See fact sheet on FBA /BIP.
not constitute a change in placement.
―Placement‖ refers to how and where the             No special education student can be                  If the IEP Team determines that the behav-
disabled student receives services listed in        expelled unless the district follows the             ior was not a manifestation of the student’s
her IEP (see fact sheet on special educa-           procedures described below.                          disability, or the student committed
tion).
                                                                                                         a zero-tolerance offense [as listed previ-
                                                    Manifestation Determination                          ously], then the student can be disciplined
Even if a disabled student meets the legal
                                                    At the manifest determination meeting,               like a non-disabled student and placed in
criteria for expulsion or suspension, he/she                                                             an Interim Alternative Educational Setting
                                                    the IEP team will determine whether or
is still entitled to receive a free, appropriate                                                         (IAES). The student, however, must still be
public education (FAPE) while suspended             not the student’s misconduct was a mani-
                                                    festation of her disability. The team will           provided with FAPE. A student with special
or expelled for a period of longer than 10                                                               needs may be moved to an IAES for not
days per school year.                               consider the following two questions:
34 CFR §300.530(b)(2); 34 CFR §300.530              • Whether the conduct in question                    more than 45 school days if:
                                                    was caused by, or had a direct and                   • The IEP Team determines that behavior
Students not yet found eligible for                 substantial relationship to the student’s            was not a manifestation of the student’s
special education services are eligible                                                                  disability, or
                                                    disability, or
for the protections afforded to children                                                                 • The student committed a zero tolerance
                                                    • Whether the conduct in question
with disabilities IF the school district                                                                 offense [see above].
                                                    was the direct result of the school                  20 USC §1415(k)(1)(C) & (G); 34 CFR §§300.530(g),
had knowledge that the child might                  district’s failure to implement the                  300.531
have a disability, unless the person who            student’s IEP. 20 USC § 1415 (k)(1)(E(i); 34 CFR §
holds education rights refused to allow             300.530(e)
an evaluation or refused services. 20 USC
§1415(k)(5). See fact sheet on education            Appeals
rights.                                             Any appeal of the manifestation determi-
                                                    nation shall result in an expedited due
Change in Placement – manifestation                 process hearing which shall occur within
determination meeting required If disci-            20 days of the request for a hearing.
pline constitutes a change in placement,            20 USC §1415(k)(4)(B); 34 CFR §300.532(c)
the school district must hold an IEP Team
Meeting within 10 days of the decision to           After the Manifestation Determination
discipline the youth in order to determine          Meeting
whether the behavior was a manifestation            If the IEP team determines that the
of the child’s disability. 34 CFR §300.530(e)       student’s behavior was a manifestation
                                                    of his/her disability, then the student shall
Which School Disciplinary Punishments               return to the placement from which
Constitute a Change in Placement?                   he/she was removed, unless the parent or
                                                    person with education rights agrees to
Some suspensions = change in placement              the change in placement, or the student
                                                    committed a zero tolerance offense.
If a student is suspended for more than             The zero tolerance offenses are:
10 consecutive school days, the suspen-             • Possession of a weapon at school or                The California Foster Youth Education Task
sionconstitutes a change in placement.              at a school function;                                Force is a coalition of more than 35 organiza-
20 USC §1415(k)(1); 34 CFR §300.536                                                                      tions dedicated to improving educational out-
                                                    • Possession/use/sale of illegal drugs
                                                                                                         comes for foster youth. For more information,
                                                    at school or at a school function;                   please contact Erin Saberi, Casey Family Pro-
Patterns of Suspension
                                                    • Infliction of a serious bodily injury              grams, at 916.503.2950 or esaberi@casey.org.
If the student is suspended on separate
                                                    on another person while at school or at
occasions for more than 10 school days                                                                   Fact sheets produced April 2005. Third edition -
                                                    a school function. 20 USC §1415 (k)(1)(G); 34        October 2008.
in a given year, and the suspensions                CFR §300.530(g)