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Special Education 101: What you need to know and didn't know you needed to ask

Learn about IEP process, its impact on budget, special education procurements, caseload and staffing, and parent relations. Understand the IEP document, placement and tuitions, and how to ensure a good deal.

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Special Education 101: What you need to know and didn't know you needed to ask

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  1. Special Education 101:What you need to know and didn't know you needed to ask Heidi Zimmerman May 16, 2018

  2. Today’s Agenda

  3. Today’s Agenda

  4. Today’s Agenda

  5. Learning Objectives: You will • Be familiar with the IEP terminology, process, and documents • Understand how IEPs can impact budget • Special Education Procurements including Transportation • Caseload & staffing • Extended School Year • Parent Relations

  6. IEP Process • Referral by • District Staff: Teacher • Parent • Consent • Initial Evaluation • Involves testing • Eligibility determination

  7. IEP Process Summary • If Eligible, IEP is drafted (services &/or placement) • IEP is • accepted • rejected (stay put) • partially accepted/rejected • Annual evaluation • Re-evaluation every three years

  8. IEP Process Flowchart

  9. IEP Timeline Compliance

  10. DESE IEP DOCUMENT • Parent &/or Student Concerns • Student Strengths & Key Evaluation Results summary • Vision Statement • Present Levels of Educational Performance • PLEP A: general curriculum • PLEP B: other educational needs • Current Performance Levels/Measurable Annual Goals

  11. DESE IEP DOCUMENT • Service Delivery Grid • Grid A- Consult • Grid B- Direct service in general classroom • Grid C- Direct service in other settings • Non participation Justification • Schedule Modification • Transportation Services • State/District Wide Assessment • Additional Information • Response Section • Placement Page • Transition Planning Form

  12. Other useful DESE links • Special Education: Technical Assistance Documents • Parent Information • Disability Definitions & related Links

  13. The IEP Document • Commits time, money, and/or staff • Is a contract between the Parent’s and the District • Is binding and can be changed by • amendment • new IEP • separate agreement (settlement)

  14. Impact to the Budget • Staffing needs • Staffing levels • Program resources

  15. Placement & Tuitions • District-wide programs • Out-of District Tuitions • Collaboratives • Member • Non-member • OSD approved schools • In-State • Out-of-state • Non-approved programs

  16. Placement & Tuitions • Transportation • Extra costs above tuition: Some OOD schools and collaboratives charge extra • for extra reading/math support • home services • related services: OT, OT, SW • bus monitors • 1:1 paraprofessionals • Extended School Year

  17. Placement & Tuitions • Decide what should be included in budget projections • Anticipated expenses? • High risk students • Unilateral placements • Diagnostic/extended evaluations • OSD price increases • Anticipated Offsets/Revenue? • Tuition-in students (if allow this) • Circuit Breaker • Grant $

  18. You don’t want any surprises • Unilateral Placements: Parent(s) select, place and pay for student to attend a private school • Settlements • Mediations

  19. You don’t want any surprises • Bureau of Special Education Appeals • Provides facilitators for IEP Team Meetings, Conducts mediations, provides advisory opinions and due process hearings • Tries to resolve disputes between parents, school districts, private schools and state agencies • Authority is derived from federal and state laws and regulations • Division of the Administrative Law Appeals • Comprised of hearing officers (attorneys), impartial mediators and various support staff • Federal/State lawsuit

  20. Today’s Agenda

  21. Special Education Procurements • Consulting/Professional services • Supplies • Technology • Transportation • Translations

  22. Exemptions • M.G.L. c. 30B §1(b)(8) an agreement for the provision of special education pursuant to M.G.L. c.71B and regulation promulgated pursuant thereto • Just because the Special Education/Student Services Department is buying it doesn’t mean it is automatically exempt.

  23. Exemptions The OIG 30B Manual states: • This exemption applies to direct services delivered to children with special needs, such as transportation, counseling or education under an individual education program, as well as to any supplies used by children with special needs as part of an individual education program. Other supplies and services, however, are not exempt simply because they are procured by the special education department. For example, office supplies or computers to be used for office administration would not fall under this exemption. • M.G.L. C. 30B §1(b)(8) applies if in a student’s IEP

  24. Does an exemption apply to … and if so, is it in my best interest to apply it? Analyze the situation: • Would I competitively buy this if it was for general education? • Are the multiple sources for the item? • What is the dollar amount for this purchase and future? • Are there any exemptions? • How can I ensure I am getting a good deal? - The fleecing of student services/special education REMINDER: If using federal grant funds be sure to comply with EDGAR (different thresholds)

  25. Today’s Agenda

  26. Special Education Transportation: In-District • Geo-coded schools • Placement at district-wide programs • Cost related to students attending their non geo-coded schools • Pay special attention to transition years • After-school activities: access issues • Transition and vocational services

  27. Special Education Transportation: In-District • Field trip/overnights • ESY (Summer School/Services) • Consolidate locations • Share costs with other summer programs • Obligation to provide? • Off-site locations

  28. Special Education Transportation: Out-of-District • Day/Collaborative placements • Residential Placements • Transport home on weekends/holidays • Assessments, extended evaluations • After-school activities: access issues • Transition

  29. Special Education Transportation Procurement method • No Bid- exempt • Your own process: Bid, quotes, sound business practice • Collaborative bid -Saves time -Saves money -Maintains/improves quality

  30. Parental Transportation Reimbursement • If District offers and parent declines, no obligation to reimburse • If reimburse • Not more than 4 x round-trip direct route between student’s home and school for school • Potentially for attendance and school-sponsored extracurricular activities, and • the prevailing rate per mile for state employees • References: DESE mileage reimbursement memo and 603 CMR 28.07(6)

  31. Parental Transportation Reimbursement • Offer reimbursement if it’s advantageous • Settlement agreements may require different reimbursement

  32. Today’s Agenda

  33. Caseload & Service Delivery Models • The service grids drive staffing levels • Direct Service • 1:1, Small group (2-4), Large group (5+) • How and who determines service delivery model is really important • Factors include: • How many special education students are in the general education/sub-separate classrooms • What is the level of need/support for student(s) • How many paraprofessionals are supporting the classroom/group?

  34. Caseload & Service Delivery Models • Work that is not direct service • Team meetings • Progress reports • Evaluations • Consult time • School master schedules impacts • Some blocks off limits? • Are special education students scheduled first rather than last? • Who does and how well scheduling is done matters (impacts group size)

  35. Caseload & Service Delivery Models Workload ≠ Caseload • Caseload is the number of students • Workload is how many hours spent working • Not all students are equal • Some students require little services/less work while others require intensive direct services and many hours of indirect work

  36. Caseload & Service Delivery Models • Need way to obtain/track caseloads & workload for budgets etc • How many students require paraprofessional support? • How many paraprofessional staff hours are needed for a particular school/program/district?

  37. Caseload & Service Delivery Models • Eligibility/Entrance/Exit Criteria • Varies school to school, between staff in one school NOTE: This is an example, not an endorsement

  38. Caseload and Service Delivery Models In house-staff vs. consultants • Efficiencies can be gained if you have the workload • Better quality/service and may be cost neutral or reduction • Better coordination/support for students, teachers and, parents • More control

  39. Today’s Agenda

  40. Extended School Year (ESY) • Purpose of ESY is to prevent regression • Regression Determination: data collection before & after vacations including summer • May cross fiscal years

  41. Extended School Year (ESY) Ask Special Education Director for a detailed budget which includes: • Staffing • Materials • Program descriptions • Number of students expected to attend • Transportation • Field trips

  42. Today’s Agenda

  43. Parent Relations & SPED PACS • Good working relationships with between families and district staff are essential • Parents need to perceive they have been heard • Good listening, understanding ,and compassionate behavior can save money time and expensive legal fees • People can agree to disagree in a professional and respectful manner • Doing the above doesn’t mean parents or staff will always get what they want or what they ask for, but if done properly ,the team process will determine and will offer what a student needs • Settlements sometimes require compromise, which even if difficult, can be cost effective for a district in the short or long term

  44. Parent Relations & SPED PACS • Special Education Parent Advisory Council (PAC) required by MA law • A public body established by a School Committee • Subject to Open Meeting & and Public Records laws • Needs to have by-laws, officers and operation procedures

  45. Parent Relations & SPED PACS • SPED PAC has advisory and participatory function • Duties include but not limited to: • Advising district on educational and safety matters • Regularly meet with District staff to plan, develop, review and evaluate districts sped programs • Offer at least one workshop annually on student/parental rights

  46. Parent Relations & SPED PACS • Subject to availability of staff and resources, and with reasonable notice, District must support SPED PAC with free assistance • DESE guidance for SPED PACS • (March 2010) • Administrative Advisory SPED 2015-1: SPED PACS, Acceptable Alternatives & the use of Social Media

  47. Parent Relations & SPED PACS • SPED PACs may do public fundraising (i.e. dues) • Subject to laws/regs governing gifts/ grants to School committee • School holds funds ins district/municipal account • Must report funds on EOY financial report • CAUTION: Private fundraising • Must be private, separate entity (SPED PTA/PTO or Friends of SPED PAC) • Can’t co-mingle funds

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