Every Child Can Learn… Just Not on the Same Day, or the Same Way George Evans

1. Every Child Can Learn… Just Not on the Same Day, or the Same Way George Evans

2. IDEIA: Discipline and Legal Issues Inside Our Schools

3. State Monitoring Compliance ISSUES • Suspensions and Expulsions of Students with Disabilities • Students with disabilities continue to be suspended for over 10 days without special education services. • STATE DIRECTIVES: • Professional development to all administrators on the policies and procedures related to discipline and disciplinary process. • Provide training in Positive Behavior Supports, Functional Behavior assessment and effective use of Behavior Intervention Plans. • Teacher mentoring for students that are “at risk “.

4. Compliance Issues: Cont’d • Student Record Reviews: • Teacher signatures on IEPs as ‘ in attendance’ when teacher did not attend the IEP meeting. • General education teachers who were not “in attendance” at the IEP meeting did not review the IEP and document by signing the “not in attendance” section of the IEP. • Documentation of students annual goals on progress reports.

5. Compliance Issues: Cont’d • Percentage of time in Special Education. • Services are not provided in the least restrictive environment. • Required Corrective Action: • Provide training on inclusive practices. • Development of a Behavior Reintegration Plan for students in MIS classes.

6. What’s the Big IDEIA? The education of children with disabilities is a top national priority. Our nation’s special education law, the Individual’s with Disabilities Education Improvement Act (IDEIA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs. 6,000,000 Students in the U.S. receive Special Education Services

7. Individuals with Disabilities Education Improvement Act of 2004Also known as:IDEA  Public Law 108-446 “ Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.  Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities." 

8. IDEIA 2004 • Emphasis on results. • Early intervention to prevent failure. • Single unified system. • Rigorous, scientifically based identification methods. • Focus on student achievement. • LD identification based on: student response to scientific, research-based interventions (RTI) . • Inclusion of students with disabilities in general education classrooms.

9. Special EducationA SERVICE NOT A PLACE Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability.

10. FAPE • IDEIA 2004 ensures a free appropriate public education (FAPE), • Provided to children and youth with disabilities at public expense. • Include an appropriate preschool, elementary school, or secondary school education . • Provided in conformity with the individualized education program (IEP).

11. FAPE Cont’d • Students must be permitted to register at school of zone. • Transfer students must be provided with comparable services while eligibility and IEP is reviewed. • Text books provided to all students. • Special events, field trips, computers, library.

12. Least Restrictive Environment • Special education instruction MUST be provided to students with disabilities in the least restrictive environment (LRE). • Students with disabilities are educated with non disabled children to the maximum extent appropriate. • Unless the student's IEP requires other arrangements, students with disabilities MUST be educated in the school they would attend if they did not have a disability.

13. LRE (Cont’d) Most restrictive environment Least restrictive environment West Tennessee RISE Project, 2007

14. Overview of Special EducationProcess and Procedures • Identification • Evaluation • Eligibility • IEP Development • IEP Implementation • Review of IEP

15. Identification • Child Find • Support Team • RTI • Evaluation

16. Support Team • Assign a Support Team coordinator • 4 Step Problem Solving Model • Problem Identification • Problem analysis • Intervention Development • Intervention Evaluation

17. Evaluation • Procedure used to determine whether a child has a disability and the nature and extent of the special education and related services that the student needs. • All areas of a suspected disability must be evaluated. • Evaluation report includes a summary and interpretation of assessments .

18. Evaluation Cont’d • Reevaluations occur at least once every three (3) years, or more frequently if conditions warrant or if requested by the child's parent or teacher. • Testing Optional • Parental consent • Due Process

19. Response to Intervention • Provides assistance to students in timely fashion. It is NOT a wait-to-fail model. • Helps ensure that the student’s poor academic performance is not due to poor instruction. • Assessment data is collected to inform the teacher and improve instruction. • Assessments and interventions are closely linked. • Contact school psychologist for more information.

20. Eligibility • IEP team reviews evaluation results and determines • Existence of a disability. • Exhibits a need for special education. • A student will NOT be identified as a student with a disability if the learning problems are due to: • A lack of scientifically-based instructional practices and programs that contain the essential components of reading instruction. • A lack of instruction in math.  • Limited English Proficiency. • Consent for services.

21. IDEA defines a “Child with a disability“as a child with • Intellectual Disability (formally Mental Retardation) • Hearing Impairments (including deafness) • Speech or Language Impairments • Visual Impairments (including blindness) • Emotional Disturbance • Orthopedic Impairments • Autism • Traumatic Brain Injury • Other Health Impairments, • Specific Learning Disabilities • Developmental Delays (TN) • Functionally Delayed • Intellectually Gifted (TN) AND who by reason thereof needs special education & related services

22. IEP • Timelines • After Initial Evaluation • Annually • Parent request • Compliance issues • Invitation Letter (parents receive minimum 10 days notice) • Prior Written Notice • Draft IEP • 15 Day Letter

23. IEP Cont’d IEP Team Members: • Parent (s) • Special Education Teacher • General Education Teacher • Administrator • Related Services Providers • Interpreter • Student at age 14 • Other agencies for Transition Services, if needed

24. IEP Development • Standard Based IEP • Should include current assessments data • District Assessments, Think link, DIBELS • Achievement, TCAP, BRI, Running Records • Transition Assessments • Behavioral and Social • Medical • Cum folder review • Attendance • Grades • Discipline and Behavior History

25. Prior Written Notice • Pre and Post PWN. • IEP • Evaluations or Re-Evaluations • Eligibility • Manifestation Determination

26. Transition • IDEIA 2004 raises transition age from 14 to 16. • State of Tennessee- Age 14 • Age 14 Develop an initial four (4)year plan for high school study. • Age 14 (or younger) Provide transition assessments and transition services.

27. Transition • Transition Folder (Portfolio and assessments) • Transition plan reviewed annually. • Goals and objectives must be written • Summary of Performance must be completed for graduating seniors • Indicator 13- reported to state and federal government • Contact Transition Team for more information

28. Procedural Safeguards Book • LEA obligated to give copy to parents 1 time per year and upon : • Initial referral or parental request for evaluation • First occurrence of filing of due process • State complaint • Parent request • Disciplinary change of placement

29. Procedural Safeguards • Complaints • Mediation • Due Process

30. Discipline and Discipline Procedures

31. At Risk Students • Positive Behavior Supports • Support Teams • Behavioral Goals • Functional Behavior Assessment • Behavior Intervention Plan

32. School Wide Positive Behavior Supports • A research-based approach to creating, teaching and reinforcing students' social, emotional and academic learning skills. • SWPBS focuses on prevention not punishment. • Clear and simple rules that apply in all school settings. • Continuum of supportive interventions helps all students succeed academically and behaviorally. • Contact school psychologist for more information.

33. Tertiary Prevention: Specialized Individualized Systems for Students with Intensive Needs CONTINUUM OF SCHOOL-WIDE SUPPORT ~5% Secondary Prevention: Specialized Group Systems for Students with At-Risk Behavior ~15% Primary Prevention: School-/Classroom- Wide Systems for All Students, Staff, & Settings ~80% of Students

34. Functional Behavior Assessment • Completed for any student whose behavior impedes learning or learning of others. • Parental permission is required to conduct an FBA/BIP. • Identify behaviors • Collection of data • Gathering of information • Assess function of behavior • Determine interventions • Implement Interventions • Evaluate effectiveness

35. FBA Cont’d • Determine need for Intensive Plan (BIP) • Review FBA • Revise FBA as new behaviors surface

36. Behavior Intervention Plan • Intensive interventions and strategies • Teaching Plan • Individualized • Crisis Plan

37. Discipline • ISS • OSS • Twilight School • Bus Suspensions • 45 day removals • Students can not be suspended for than 10 days in a school year.

38. Manifestation Determinations Manifestation Determination" is a process to determine if a student’s behavior problem is or is not a manifestation of the student’s disability. • The conduct was caused by, or had a direct and substantial relationship to, the child’s disability. • The behavior was a direct result of the school’s failure to implement the IEP. • MD is completed as part of an IEP team meeting.

39. Manifestation Determination (cont’d) • Determination that behavior was a manifestation of the student's disability. • Review the Functional Behavior Assessment and Behavioral Intervention Plan. • Determination that behavior was not a manifestation of the student's disability. • Follow student code of conduct, DSOP as related to Discipline.

40. Manifestation Determination (cont’d) • Manifestation Determination meeting must be held ASAP. • 24 hour notice to parent is required. • MD has to be completed in 10 days. • MD completed when juvenile citation is issued. • Involve assessment specialist to provide understanding of the disability

41. Legal Issues • Restraint • Revocation of Services • Reporting Abuse • Medication • Lopez Decree

42. Isolation or Restraint Free from the unreasonable unsafe and unwarranted uses of isolation and restraint practices. Positive behavioral interventions and support methods in schools. Develop properly trained staff.

43. Restraint Must be in Individualized Education Plan Only the principal, or the principal’s designee, may authorize the use of isolation or restraint. When the use of restraint or isolation is proposed at an IEP meeting, parents/guardians shall be advised of the provisions of T.C.A. 49-10-1301, et seq., this rule and the IDEA procedural safeguards. An IEP meeting convened pursuant to T.C.A. §49-10-1304(b) may be conducted on at least twenty-four (24) hours notice to the parents.

44. Revocation of Services • Parent/Guardian may revoke special education and related services by submitting a written statement • Procedural Safeguards reviewed and given to parent • Prior Written Notice and written statement should be placed in student cum file. • Prior Written Notice and copy of written statement should be given to Compliance Facilitator for processing. • *All Services should end IMMEDIATELY*

45. Reporting of Abuse • If any school personnel has knowledge or reasonable cause to suspect that a student is a victim of child abuse or sexual abuse that occurred on school grounds: • Parent or guardian must be verbally notified within 24 hours.(not if parent is suspected of abuse) • Department of Children and/or law enforcement services must be notified within 24 hours.

46. Medication • LEA may not use the parent's refusal to consent to administration of a psychotropic medication to a student or to a mental health screening, evaluation, testing or examination of a child or student as grounds for prohibiting the child from : • Attending class • Participating in a school-related activity • Reporting or charging child abuse, child neglect, educational neglect, or medical neglect. • LEA shall not use nor threaten use of school sanctions to a student to coerce parental consent to a mental health screening, evaluation, testing or examination.

47. Lopez Decree • All Special Education buses will be equipped with video monitoring equipment and a bus monitor. • Students with a disability who are determined to pose a risk of sexual harassment while riding a general education bus will be transferred to a special education bus. • Students without a disability who are determined to pose an unreasonable risk of sexual harassing another student shall not be allowed to ride any MNPS school bus.

48. Transportation for Students with Disabilities • Policy SS 3.115 • The need for special transportation must be described and documented in the student’s IEP • Compliance Facilitator processes the Transportation Order and notifies the Designated Official. • Special Education Buses: Full time monitor. • General Education Buses: IEP team determines the need for bus monitor • All requests for a bus monitor must be documented in the Prior Written Notice (PWN)

49. Principal’s Responsibilities(SS 3.115-Transportation) • Communicate, verbally and in writing, with any bus driver, especially substitute drivers and bus monitors, the following: • Behavior issues and directions on managing conduct. • Details of any existing individual safety plans and/or the need to collaborate and establish an individual student safety plan. • Provide a copy of a written individual safety plan • Ensure staff will receive and supervise students who ride special transportation during arrival and dismissal times. • Maintain and update the Department of Transportation reference notebook. • Be available by district provided cell phone for notification of bus emergencies.

50. Behavior Reintegration Plan • Goal is to reintegrate students in MIS classes into the least restrictive setting. • When the student is referred for placement in MIS, the team will: • Identify behavioral, social and academic skills the student needs to succeed in the LRE • Develop IEP goals based on these skills. • Assess prospective reintegration settings to find the best fit.