INSTRUCTIONS TO STAFF 340:75-6-50
Revised 7-15-10
1. Parental participation in the child's education. The parents of a child in Oklahoma Department of Human Services (OKDHS) emergency or temporary custody in out-of-home placement are encouraged to, and provided assistance with, participation in school-related decisions regarding the child.
2. Developmental delays and behavioral problems. A child who is abused or neglected and removed from the home may experience difficulties with developmental delays and behavioral or emotional problems. Frequently, individual and specialized services and classes in school are required to meet the child's needs.
3. Individualized Education Plan (IEP). The CW worker provides a current copy of the IEP to the placement provider no later than 14 days after placement. The CW worker requests the parent and surrogate parent, or resource parent acting in place of the parent attend any IEP meetings held for a child. The CW worker, also participates in the IEP meetings. The CW worker does not sign the IEP in place of the parent or surrogate parent. The placement provider signs the signature line for the parent only if acting in place of the parent.
4. School admission and records.
(a) The Child Welfare (CW) worker and placement provider coordinate ensuring appropriate educational services are provided to meet the child's needs. The CW worker provides the resource parent or placement provider with the child's present grade placement, last school attended, and strengths and weaknesses. The CW worker assists the resource parent or placement provider in obtaining the child's school records and gaining school admission. Educational services for children in OKDHS custody include:
(1) locating former school records and providing them to the current school;
(2) enrolling the child in the appropriate grade;
(3) ensuring the child attends school regularly;
(4) encouraging the child to participate in extracurricular activities;
(5) advocating for educational testing and placement, when indicated; and
(6) assessing the appropriateness and effectiveness of the services.
(b) The CW worker provides a copy of the child's educational record to the placement provider, scans the record into the KIDS file cabinet, and files the documents in the paper case record no later than 14 days after placement. Educational records are updated in KIDS and the updated documents are scanned into the KIDS file cabinet and filed in the paper case record on a quarterly basis. The CW worker updates the Client Education screen in KIDS regarding the child's educational status within 30 days of the child's enrollment in school and no later than 30 days after any change.
5. Educational enrollment time frame requirement. If a child's change of placement results in a change in school districts, the CW worker enrolls the child in school no later than five days after placement.
6. School requirements. When a child in OKDHS custody attends school, whether public or private, the school must be accredited.
(1) Private schools. A child in OKDHS custody is allowed to attend a private school if the school's philosophy is not contrary to the child's or the family's beliefs, customs, values, practices, and culture. The permission of the parent(s) is required for a child in emergency or temporary custody to attend private school. Costs associated with private schooling are not paid by OKDHS. When a request is made for a child in emergency or temporary custody to attend a private school, the CW worker:
(A) assesses the feasibility of the option;
(B) discusses transportation, financial payment, and needs of the child with the person making the request;
(C) verifies that the placement provider agrees and is able to support the plan when the person making the request is not the placement provider;
(D) obtains the parent's permission, when the person making the request is not the parent;
(E) discusses private schooling and has a parent sign a written document granting permission. The original is filed in the paper case record and a copy is provided to the parent and placement provider;
(F) documents discussions and decision on the KIDS Contacts screen; and
(G) updates the child's Client Educational screen in KIDS, as applicable.
(2) Home schooling. Home schooling is an educational option for a child in OKDHS custody. Permission to allow a child to be home schooled is made on a case-by-case basis after assessment of the situation and consultation with the CW field liaison (CWFL). The staffing regarding the consultation with the CWFL and the final decision are documented in the KIDS Contacts screen and the child's Educational screen is updated.
(A) When the child is in emergency or temporary custody, written approval is required from the child's parent(s).
(B) When the child is in permanent custody, written approval is obtained from the CWFL or county director in the child's county of court jurisdiction. Consideration is given in the areas listed in (1) - (6) of this Instruction before the final decision is made.
(I) Discuss and assess if the overall needs of the child will be met in the home school setting.
(II) Evaluate the placement provider's experience and knowledge of home schooling.
(III) Ensure services can be coordinated between the previous public or private school with the home school to address the child's strengths and needs.
(IV) Review curricula to be used by the placement provider to evaluate whether the curricula will meet the child's educational needs.
(V) Assess child's commitment to participate in home schooling.
(VI) Discuss socialization activities.
(3) Non-resident students in public school. When the child's parents live in a different school district from the child's placement, the school receives educational costs incurred for the non-resident student, if the school is provided:
(A) names, address, and county of residence of the child's parents, if the child is in emergency or temporary custody; and
(B) a copy of the court order showing the child is in OKDHS custody, if requested.
7. Adjudication due to educational neglect. When a child is adjudicated deprived based upon noncompliance with the mandatory school attendance law and is under OKDHS supervision, the CW worker assists the parent in working with the appropriate school district to obtain evaluations for literacy, learning disabilities, developmental disabilities, hearing and visual impairment, and other impediments which could constitute an educational handicap prior to case closure.
8. Surrogate parent training. The CW worker contacts the principal of the child's school to arrange the necessary surrogate parent training as required through the Department of Education.
9. Surrogate parent training verification. The CW worker requests a copy of Oklahoma State Department of Education Form 14, Verification of Training, for any surrogate parent assigned to a child(ren). The copy is filed in the case record. The worker updates the child(ren)'s Client Education screen in KIDS with the information regarding the surrogate parent, and adds the surrogate parent as a collateral.
10. Children in special residential facilities and institutions. A child with a disability in a special residential facility or institution is assigned representation by a parent(s) or surrogate parent. If the parent is unable to be involved in the child's educational process, the CW worker requests assistance from the principal of the school the child(ren) attends in order to ensure a surrogate parent is trained and assigned to the child(ren). If a court-appointed special advocate (CASA) has been assigned to the case, the CASA can be trained and assigned as a surrogate parent.
11. Release of court order to school. If a copy of the court order is requested, the following statement is attached: "This information is confidential pursuant to state law and provided solely for the purpose of enrolling the minor child in school. Any further dissemination or disclosure of the information or record is prohibited."