OKDHS.org - OAC 340:75-6-50. Education

Calendar | Help | Contact Us | About this Site

Library: Policy

340:75-6-50. Education

<< Back

Next >>

Revised 6-27-02

(a) 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, specialized services and classes in school are required to meet the child's needs.

(b) Child Welfare (CW) responsibilities. The CW worker and placement provider coordinate to ensure educational services are provided to meet the child's needs. The CW worker assists the resource parent or placement provider in obtaining the child's school records and gaining school admission. • 1 Educational services for custody children 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) follow up on the effectiveness of the services.

(c) Individuals with Disabilities Education Act (IDEA). A child with disabilities in Oklahoma has the statutory right to receive special education and related services from birth through 21 years of age. This is mandated by P.L.1101-476 and required by 70 O.S., Oklahoma School Code and the Education of All Handicapped Children Act, codified at 20 U.S.C. Sections 1400-1461, which specifies that all children with disabilities ages three years to 22 years receive specialized services to meet their needs. A child with disabilities has the following basic rights:

(1) Free Appropriate Public Education (FAPE);
(2) education in the least restrictive setting possible; and
(3) an Individualized Education Plan (IEP). • 2

(d) Parents' rights. Parents and surrogate parents, including resource parents when acting as surrogate parents, have the right to examine their child's complete school records. In addition, the school system is obligated to provide notice to the parents whenever they refuse to take actions requested by the parents. The notice informs the parents of all procedures available to them under IDEA and must be written in their native tongue.

(e) Parental participation. The parents of an emergency or temporary custody child with a disability in out-of-home placement are encouraged and assisted to participate in the child's school arrangements, just as they would for a child who does not have a disability. • 3

(f) Surrogate parents. When the parents are unable, unavailable, or unwilling to participate in the child's school arrangements, a surrogate parent is appointed to represent the child's educational interests. CW workers, and any other employee of a public agency cannot serve as a surrogate parent or sign an IEP. Placement providers who volunteer to serve as surrogate parents are required to complete training through the Department of Education. • 4 through 6

(g) School requirements. If a custody child attends school, whether public or private, the school must be accredited.

(1) Private schools. A DHS custody child 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, culture, values, and practices. The permission of the parent(s) is required for a child(ren) in emergency or temporary custody. Costs associated with private schooling are not paid by the Department. • 7
(2) Home schooling. Home schooling is an educational option for a child(ren) in DHS custody. • 8
(3) Non-resident students in public school. In order for schools to receive educational costs incurred for non-resident students, a child whose parents live in a different school district from the child's placement, the information in (A) and (B) is provided to the school.
- (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 DHS custody, if requested. • 9

INSTRUCTIONS TO STAFF 340:75-6-50

1. Educational records. The Child Welfare (CW) worker ensures that one copy of the child(ren)'s educational records is given to the placement provider and another filed in the case record no later than 14 days after placement. Educational records are updated in the paper case record on a yearly basis. The CW worker updates the Client Education screen in KIDS regarding the child(ren)'s educational status within 30 days of the child's enrollment in school and no later than 30 days after any change in school, grade, etc.

2. Individualized Education Plan (IEP). The CW worker ensures that either the parent or a surrogate parent attend any IEP held for a child. The CW worker and placement provider, if not the surrogate parent, also participates in the IEP. The CW worker does not sign the IEP in place of the parent or surrogate parent. The placement provider signs only if appointed as the surrogate parent by the child's school.

3. Treatment planning. Participation by the parents is included on the treatment plan as a service or activity.

4. Surrogate parent training. The CW worker contacts the principal of the child's school to arrange the necessary training for the surrogate parent.

5. Surrogate parent training verification. The CW worker requests a copy of OSDE 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 Education screen in KIDS with the information regarding the surrogate parent, and adds the surrogate parent as a collateral.

6. Children in special residential facilities and institutions. A child(ren) 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 could be trained and assigned as a surrogate parent.

7. Private school attendance. If a request is made for child in emergency or temporary custody to attend a private school, the worker assesses the feasibility of this option. The worker discusses transportation, financial payment, and needs of the child with the person making the request. If the person making the request is not the placement provider, the CW worker verifies that the placement provider agrees and is able to support the plan. If the person making the request is not the parent, the CW worker obtains the parent's permission. The worker 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. The worker documents this discussion and decision on the KIDS Contacts screen. The worker updates the child's Educational screen in KIDS.

8. Decision to home school. 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). If the child is in temporary custody, written approval is required from the child's parent(s). If 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. 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.

(1) Discuss and assess if the overall needs of the child will be met in the home school setting.
(2) Evaluate the placement provider's experience and knowledge of home schooling.
(3) Ensure services can be coordinated between the previous public or private school in order that the child's strengths and needs are addressed.
(4) Review curricula to be used by the placement provider to evaluate whether the curricula will meet the child's educational needs.
(5) Assess child's commitment to participate in home schooling.
(6) Discuss socialization activities.

9. 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."

<< Back

Next >>