Special Education: Navigating New DC Policies

1. Special Education:Navigating New DC Policies The DC Special Education Co-operative www.specialedcoop.org

2. OSSE Plays Catch-up • IDEA requires that states interpret the Federal law and develop state policies for their LEAs. http://idea.ed.gov • DC as the SEA, had not developed state level policies until recently. • Policy making process • Policy is issued and placed on OSSE website or the DC Register • A public comment period opens (at least 30 days) • A public hearing is scheduled • OSSE considers comments and testimony • OSSE revises or releases official policy DC Special Education Co-operative

3. Navigating New DC Policies Session Objectives Participants will: • Develop a basic understanding of new and proposed OSSE policies • Understand how policies will impact their LEA • Create an action plan for implementing new policies at their LEA

4. Guidance on Non-discrimination • March 2009 - OSSE releases guidance for LEAs on prohibitions on discrimination against children with disabilities in the enrollment process. • Admission must be open to all students. • Charter schools can not “counsel students out” based on services that they don’t currently provide. • LEAs should ensure that application materials do not ask for information that could be used to discriminate.

5. Guidance on Non-discrimination Action items for LEAs: • Review your LEA’s application • Inform all school staff that handles the enrollment process of this guidance

6. Least Restrictive Environment (LRE) Policy Summary: • In effect March 9, 2009 • Federal mandate through IDEA that students with disabilities (SWD) are educated in the least restrictive environment (LRE) (policy,p2) • DC does poorly (when compared to other states) in including SWD general education classrooms. Only 21% SWD are included for 80% or more of school day (58% nationally). • OSSE’s definition of inclusion: “an environment in which all children, including those with significant disabilities, have an equal opportunity to receive a high quality instruction in the general education classroom, to the maximum extent possible, with the necessary supplementary aids and services the child needs to be successful in the general education curriculum.” (policy, p3)

7. Least Restrictive Environment (LRE) Impact on LEAs: • LEAs must offer a ‘continuum of alternate placements’. • LEA staff must be well versed in non-discriminatory procedures for admission of SWD • OSSE will monitor LEAs on LRE. If LEAs are found noncompliant, they will be required to submit an Improvement Plan. Continued noncompliance may result in withholding of Part B funding.

8. Least Restrictive Environment (LRE) • Action Items for LEA: • Put statement in writing to school leader • Create a plan for allowing special educators and general educators time to collaborate • Schedule PD for teachers/staff about LRE and inclusive practices

9. Child Find Policy Summary: • Proposed 9/1/09 (not in effect) • IDEA requires states to have a comprehensive child find policy to identify children (birth to 21 years) who may have disabilities and be in need of special education and related services. • IDEA is divided into Part B (children ages 3-21) and Part C (birth - 2 years). Under Part B, each LEA must have procedures in place to identify, locate, and evaluate children ages 3-21 who reside in the District and may have disabilities and require special education. • These procedures should include public awareness activities and in school screenings. • Child Find also pertains to students who are home-schooled or attending private schools. DCPS is responsible for identifying those students.

10. Child Find Impact on LEAs: • LEAs need to meet the public awareness requirement under this policy. • LEAs should have a comprehensive screening/intervention process. • OSSE may conduct unannounced monitoring to ensure LEA compliance with federal child find law.

11. Child Find Action Items for LEAs: • Review your LEA’s parent manual to see what it says about Child Find. • Create a brochure that explains your Child Find procedures • Train teachers so they are prepared to share your child find procedures with parents at conferences • Put your SST process on your website • Create a poster about your SST and put it up in your parent center, office, etc.

12. Initial Evaluation/Reevaluation Policy Policy Summary: • Proposed 7/31/2009 (not in effect) • Clarifies the steps to determining eligibility • Establishes clear criteria for each disability category under IDEA (policy p. 18) • Defines various assessment types • Clarifies the timeline for evaluation

13. Initial Evaluation/Reevaluation Impact on LEAs: • 120 day timeline is from written referral. • If a parent fails to provide consent to evaluate the LEA does not violate its child find obligations as long as multiple attempts were made to obtain consent. Additionally, the LEA is not required to pursue mediation/due process if the parent refuses consent. • Mental Retardation (MR) is now Intellectual Disability (ID). • When determining eligibility under Specific Learning Disability (SLD), Individual LEAs may choose to use either a discrepancy model or scientific researched based interventions model.

14. Initial Evaluation/Reevaluation Impact on LEAs continued: • Specific criteria for each disability category must be met for students to be eligible for special education services. • Team members must be excused in writing from the IEP meeting. • Due in part to longstanding noncompliance with evaluation/reevaluation timelines, OSSE is under special conditions by the Dept of Ed OSEP. OSSE will be monitoring LEAs to ensure compliance with timelines.

15. Initial Evaluation/Reevaluation • Action Items for the LEA: • Print out the policy and have it available for reference during meetings • Create internal deadlines (10 days to obtain consent, 45 days for testing) • Become familiar with eligibility criteria and assessments types • Share the eligibility criteria information with your related service providers and evaluators • Go to an EasyIEP training/request TA from OSSE

16. Placement Policy Summary: • Proposed July 31, 2009 (not in effect) • “All children, including those with significant disabilities, have an equal opportunity to receive high quality instruction in the general education classroom with the necessary supplementary aids and services” (policy, p2) • Defines continuum to include: “general education classes, special classes, special schools, home instruction, and instruction in hospitals and institutions…” (policy, p2) • LEA Charters must provide the full continuum. If they are unable to, they must notify OSSE prior to the IEP meeting. Those charters using DCPS for their special education LEA, must notify DCPS. • Transportation. The policy clarifies that “transportation is a related service” and that “not all children with disabilities are eligible to receive [it].” (policy, p 5)

17. Placement Impact on LEAs: • LEAs “must” have a continuum of services. • LEAs must do a good job of documenting the child’s need for a more restrictive placement. • LEAs must have a good knowledge base for determining and implementing appropriate strategies (eg. conducting FBAs and developing BIPs). • The policy, the way it is written, does not provide notification of location of placement to charters. LEAs will need to follow up with parents and/or OSSE to be current on this info.

18. Placement Action Items for LEA: • Analyze your current continuum of services. • Plan with administrators for further development (options for self-contained settings, etc.) • Attend training on FBA/BIP • Create a plan for implementing researched-based interventions both in and outside of the general ed classroom • Develop a good data management system for tracking interventions and student progress (for students with disabilities) • Brief your administrative team on Federal guidelines for discipline for students with disabilities

19. Related Services Policy Summary: • Clarifies the provision of related services as part of the IEP as specified in IDEA. • LEAs are required to provide appropriate related services in accordance with the IEP at no cost to the parent. The IEP team must determine what (if any) related services are needed for the student to benefit from special education. • The policy defines several types of related services, including transportation, but is not intended to be an exclusive list.

20. Related Services Impact on LEAs: • Transportation is defined as a related service however, not all children with disabilities are eligible for transportation. • Eligibility for related services is based on 2 criteria: 1 student must have one of the disabilities and 2 because of the disability needs special education and related services. • When determining need for related services, the IEP team should consider educational impact as not only academic achievement, but also emotional development, social interaction, communication, and behavior.

21. Related Services Impact on LEAs continued: • If a child has SLI, Speech language services can be to categorized as special education instead of a related service if the child is determined to need the specially designed instruction of speech language services. • When a service is missed because of provider's absence, the LEA must make up the missed service or have a substitute provider available. • If a child is absent for an extended period of time (truancy) or there is a pattern of repeated absences, the LEA must consult with parents and review the IEP to make sure the child is receiving FAPE. • Attempted and actual provision of related services must be documented by the LEA.

22. Related Services Action Items for LEAs: • Review the policy with related service providers • PD for related service providers on documenting and making up missed sessions • Identify students who are missing services due to extended absences/truancy to determine if they are still receiving FAPE

23. Early Childhood Transition Policy Summary: • Proposed 9/17/2009 (not in effect) • IDEA requires states to designate a lead agency who is responsible for ensuring a smooth transition from the Part C program (services for children with disabilities ages birth – 2 years) to preschool. • OSSE’s DC Early Intervention Program is the lead agency for Part C and shoulders most of the responsibility for Early Childhood Transition, however, the receiving LEA maintains responsibility for providing FAPE beginning on the child’s 3rd birthday. • The policy outlines the process for transitioning students with disabilities from Part C programs to Part B programs.

24. Early Childhood Transition Impact on LEA: • LEAs serving preschool aged children must designate an onsite staff person to participate in the transition activities and act as the primary contact for other agencies. • The LEA’s transition coordinator’s primary responsibility is to ensure that eligibility for Part B services is determined and, if necessary, an IEP developed. • The LEA must follow the procedures for initial eligibility and should consider Part C information as part of the decision. • Eligibility should be determined before the child’s 3rd birthday and the IEP must be in effect by that date. (LEA must invite the Part C representative to the eligibility meeting)

25. Early Childhood Transition Impact on LEA continued: • Regardless of timing, the LEA must implement the existing IEP until a new IEP is developed. • The LEA must collect and report data to OSSE including: • The date the LEA was notified of children exiting part C services • The date of transition conference • The date of consent for evaluation • Number of days after the child’s 3rd birthday that services began and reasons for delay

26. Early Childhood Transition Action Items for LEAs: • Designate an early childhood transition coordinator • Gather background information from families for enrolled 3 and 4 year olds to find out if they may have received part C services.

27. Secondary Transition Policy Summary: • Proposed 9/23/2009 (not in effect) • IDEA and the DCMR require LEAs to ‘adequately prepare students with disabilities for postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, … community participation.” (policy, p1)

28. Secondary Transition Impact on LEA: • LEAs must have staff person who fully understands transition requirements and can assist LEA to implement

29. Secondary Transition Action Items for LEAs: • Identify a transition coordinator and make sure that person understands his/her responsibilities under the state policy

30. State Complaints • IDEA mandates that the state (OSSE) adopt and implement procedures for investigating any complaint alleging that a public agency (LEA) has violated IDEA.

31. State Complaints Procedure: • Complaints can address (but are not limited to) the following areas: identification, evaluation, educational placement, failure to implement a Hearing Officer Decision (HOD) or Settlement Agreement (SA). • The State Complaint Office (SCO) has a maximum of 60 days after the complaint is filed to investigate the allegation(s) and issue a written decision (policy, p4). • Complainants must forward a copy of the complaint to the LEA “at the same time” it is submitted to the SCO. Complaints must address issues that are not more than one year old. • If the SCO determines that an investigation will not be conducted, a copy notification sent to the complainant will be sent to the LEA. • If the SCO decides to investigate, it will: send a copy of the complaint to the LEA and request a written response to the alleged violations (along with supporting documentation).

32. State Complaints Procedure, continued… • The LEA must respond within 10 days of receipt of the complaint.The LEA must sent a copy of the response to the complainant (as well as the parent of the student, if he/she is not the complainant). LEAs can request, in writing an extension if they use the time to resolve the complaint with the complainant. • Early Resolution: If the parties are able to resolve the complaint within 60days after its submission, the SCO will close the case without issuing a decision. • Final Decision: Within 60 days of filing the complaint, the SCO will issue and send a determination regarding the complaint. Within this decision, corrective action(s) may be ordered by the SCO. These may include, but are not limited to: requiring the LEA to access training and technical assistance from OSSE or another public agency, requiring the LEA to develop a corrective action plan. The SCO may continue to monitor the LEA ‘and request additional action to ensure full compliance with the federal and state regulations” (policy, p8).

33. State Complaints Action Items for LEAs: Get access to the Blackman-Jones database Contact the state complaints office and update your contact information regularly Communicate with office staff so they know to notify you when the state complaint office contacts your school Analyze relationships with parents and develop a plan to improve communication

34. Additional Policies • HODs (Hearing Officer Determination) • Issued in July, but has been removed from OSSE website • IDEA Part C (birth through age 2 years) • Does not impact most LEAs

35. Questions? Contact the Co-op: Julie Camerata, Executive Director jcamerata@specialedcoop.org Monica Lesperance mlesperance@specialedcoop.org