Revised Chapter 14 Special Education Regulations

1. Revised Chapter 14 Special Education Regulations Trish Andrews Christina Lane Andrews & Price 412-243-9700

2. Chapter 14 Revisions • 14.102 Purpose: • Adds new language, but not new meaning • Ensure that children with disabilities: • Have access to general curriculum • Participate in state and local assessments • Are educated to maximum extent appropriate with nondisabled peers • Provided supplementary aids and services to do so • Schools provide continuum of placement options • Even in light of Gaskins

3. Chapter 14 Revisions • 14.103 Terminology • Clarifies that for children enrolled by their parents in private schools (where FAPE is not an issue) that the intermediate unit is considered to be the LEA for purposes of: • Child Find • Equitable participation

4. Chapter 14 Revisions • 14.104 Special Education Plans • Must specify the special education programs operated by district • Must describe: • Early intervening (not early intervention) services • Procedures for identifying learning disability • Examples of supplementary aids and services provided

5. Chapter 14 Revisions • 14.104 Special Ed Plans • Access to the full continuum of placement options • Policies and procedures to prevent over-identification of minorities • Procedures on behavior support • Staff training • Parent training activities provided

6. Chapter 14 Revisions • 14.105 – Personnel • Newly added section • Instructional Paraprofessionals • Definition: school employee who works under the direction of a certified staff member to support and assist in providing instructional programs and services • One on one or group review of materials • Classroom management • Implementation of + behavior support plans

7. Chapter 14 Revisions • Instructional paras must meet one of the following qualifications effective 7/1/10: • Completed at least 2 years of postsecondary study • No specific area required • Possess associate degree or higher • No specific area required • Meet rigorous standard of qualify through state or local assessment

8. Chapter 14 Revisions • Personal Care Assistants • Definition: Provides 1-1 support and assistance to a student including • Use of medical equipment • Augmentative communication device • Activities of daily living • Monitoring health and behavior • Can provide support to more than one student • But not at the same time

9. Chapter 14 Revisions • Educational Interpreters • Definition: provides students who are deaf or hard of hearing with interpreting (ASL) or transliterating services in an education setting • Qualifications: • Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment for the appropriate grade level to which the person is assigned; • Score will be reviewed every 2 years • OR

10. Chapter 14 Revisions • Qualifications: • Be a qualified sign language interpreter or a qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act • Oddly Act exempts educators who are interpreting or transliterating in a public school system

11. Chapter 14 Revisions • Instructional Paras and PCAs • Evidence of 20 hrs of staff development • Each school year • Related to their assignment • How closely related? • Interpreters/Transliterators • Evidence of 20 hrs of staff development • Each year • Related to interpreting or transliterating

12. Chapter 14 Revisions • Caseloads • Definitions: • Full Time: special education provided by special education personnel for 80% or more of school day • Itinerant: special education provided by special education personnel for 20% or less of school day • Supplemental: special education provided by special education personnel for more than 20%, but less than 80% of school day • Combines old “part time” and “resource”

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16. Chapter 14 Revisions • Caseloads • Aside from probable typo, no major changes • Schools may still ask for variance in special ed plan • But now must provide a copy of notice to public indicating district’s intent to request waiver of caseload requirements • Must tell parents, teachers and other of opportunity to comment on waiver request

17. Chapter 14 Revisions • 14.106 Access to instructional materials • New provision • Addresses the timely provision of print materials to blind students • Braille • Audio • Digital • Large print

18. Chapter 14 Revisions • Timely means: • District takes steps to ensure blind child has access to materials at the same time as students without disabilities • Cannot meet standard by withholding instructional materials to other students until accessible format is available • Can meet standard by providing portion of materials that covers the chapter currently being taught

19. Chapter 14 Revisions • Timely: • If blind child enrolls in school during school year • Take steps to ensure access to materials within 10 school days • Districts to coordinate with National Instructional Materials Access Center (NIMAC)

20. Chapter 14 Revisions • 14.107 Complaint Procedure • Not new, but new provision • Department will establish complaint procedures and provide Districts with notice of procedures • Unclear if procedures are going to change • When notice will be provided

21. Chapter 14 Revisions • 14.108 Access to Classrooms • Parents have reasonable access to child’s classroom • Within parameters of LEA policy • DEVELOP POLICY!!!

22. Chapter 14 Revisions • 14.121 Child Find • Public awareness activities informing public of services • New: Written information must be published in: • School district handbook • School district website • New: Must include information on potential signs of developmental delays and other risk factors that could indicate disabilities. • Must also continue to provide annual public notice

23. Chapter 14 Revisions • 14.122 Screening • System of screening • May include “early intervening services” • Remember can use 15% of IDEA money for this • Can still use IST Teams • Screening process must include • Hearing/vision (not new) • Reasonable intervals to determine: • Performance on grade appropriate standards • In core academic subjects

24. Chapter 14 Revisions • Early Intervening Services • May be included in process • MUST be included in process where districts have disproportionality in identification • Verification that student receives appropriate instruction in reading • Including essential components of reading • And math • If concern is academic, assessment of student’s performance on state-approved grade level standards

25. Chapter 14 Revisions • Early Intervening Services • If behavior concerns, systematic observation of behavior • Researched based intervention to increase rate of learning or behavior • Repeated assessments of achievement to monitor progress • Determine if difficulties are result of lack of instruction or limited English proficiency

26. Chapter 14 Revisions • Early Intervening Services • Determine if student’s needs exceed ability of regular ed program • Document progress was periodically provided to parent • Screening does not bar the right of parent to request an evaluation

27. Chapter 14 Revisions • 14.123 Evaluations and 14.124 Reevals • Does change timeline to 60 calendar days for initial evaluation and reevaluation • After receiving written parental consent • BUT . . Summer does not count! • If parent request eval in writing: • School must make PTE form “readily available” • If parent request eval orally • PTE must be provided to parents within 10 calendar days of the oral request • Make sure staff is aware of this change!!!

28. Chapter 14 Revisions • Copies of eval or reeval report: • Given to parents at least 10 school days prior to IEP meeting • Unless waived by parents

29. Chapter 14 Revisions • 144.125 SLD Criteria • All new section • Each school district and IU must develop procedures for determining SLD • Procedures to be included in sp. ed. plan

30. Chapter 14 Revisions • To determine SLD school/IU shall • Address whether child does not achieve adequately for age or meet state-approved grade level standards when: • Provided with learning experiences and scientifically based instruction appropriate for age or grade level

31. Chapter 14 Revisions • What areas are to be assessed: • Oral expression • Listening comprehension • Written expression • Basic reading skills • Reading fluency skills • Reading comprehension • Math calculations • Math problem solving

32. Chapter 14 Revisions • School/IU can use 1 of the following procedures: (each school chooses) • Response to scientific, research-based intervention documenting that: • Student received high quality instruction in regular ed • Research-based interventions were provided • Progress regularly monitored

33. Chapter 14 Revisions • OR: • A process examining whether child exhibits a pattern of strengths and weaknesses relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement , or relative to age or grade

34. Chapter 14 Revisions • 14.131 IEPs • Must include a description of the type or types of support student will receive • Cannot be based on category of disability alone • Child may receive more than one type of support • Outline in IEP

35. Chapter 14 Revisions • Placement • Special ed supports and services may be delivered in regular ed classroom or other settings • Team must first consider regular classroom with supplementary aids and services before considering services in another setting

36. Chapter 14 Revisions • Transition • Back to age 14 • Includes measurable postsecondary goals • Training • Education • Employment • Independent living, when appropriate

37. Chapter 14 Revisions • IEP Attendance • Proposed but deleted: • IEP Members cannot be excused • Follow IDEA requirements • Required members can only be excused with parental consent!

38. Chapter 14 Revisions • 14.132 ESY • Not new procedures, but finally codified in regulation • Requirements for children with severe disabilities • Autism/PDD • SED • Severe MR • Degenerative impairments with mental involvements • Severe multiple disabilities

39. Chapter 14 Revisions • Children with severe disabilities: • IEP must occur no later than Feb. 28 each yr • NOREP must be issued not later than March 31 • If student transfers to your district after these dates and no determination has been made • New school must make determination at IEP mtg

40. Chapter 14 Revisions • Other students: • Timelines not required • Decisions made in a “timely manner” • Parents asking for due process on ESY • Expedited

41. Chapter 14 Revisions • 14.133 POSITIVE Behavior Support • Stresses the word “Positive” throughout • Must utilize POSITIVE behavior techniques • Positive reinforcement • Positive verbal statements • Specific tangible rewards • Shape student’s behavior • Interventions must be least intrusive necessary

42. Chapter 14 Revisions • Behavior Support Programs • Must include research based practices and techniques • Must be based on FBAs • Developed by IEP Team • Becomes Part of IEP

43. Chapter 14 Revisions • Restraints • Prohibits the “unreasonable” use of restraints • Stops short of prohibiting entirely • Measure of last resort • Only use after other less restrictive measures • Prohibits prone restraints • Student is held face down on floor

44. Chapter 14 Revisions • Restraints • Definition: the application of physical force with or without the use of a device, for the purpose of restraining the free movement of student’s body • Does not include: • Briefly holding , without force, a student in order to calm or comfort • Guiding child to appropriate activity • Holding student’s hand to safely escort from one area to another

45. Chapter 14 Revisions • Restraints do not include: • Hand over hand assistance with feeding or task completion • Techniques prescribed by qualified medical professional for safety, therapeutic or medical treatment • Must be agreed to by parents • Specified in IEP

46. Chapter 14 Revisions • Restraints do not include: • PT or OT devices • Seatbelts in wheel chairs • Belts on toilets used for balance and safety • Safety harnesses on buses • Functional positioning devices

47. Chapter 14 Revisions • Use of restraints: • School must: • Notify parents of use of restraints • Document! • Call IEP meeting within 10 school days of use • In writing • Parents can waive meeting • Must be in writing • Team decides whether child needs FBA, Reeval, a new or revised BSP or change of placement to address behavior

48. Chapter 14 Revisions • Restraints may only be included in IEP when: • Used with specific component elements of positive behavior support • Used in conjunction with teaching of socially acceptable alternative skills to replace problem behavior • Staff authorized and trained • Authorized by whom? • Plan in place to eliminate use of restraint through positive behavior support

49. Chapter 14 Revisions • Documentation of use of restraints: • Schools must maintain and report data on use of restraints • Report will be reviewed during cyclical compliance monitoring

50. Chapter 14 Revisions • Reports to Law Enforcement • Still permitted • But . . . After referring child with disability who has a BSP to law enforcement, an updated FBA and BSP is required • Pass this on to Principals!!