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Special Education Leadership Network Meeting April 14, 2011

Special Education Leadership Network Meeting April 14, 2011. Healthcare Plan? Or 504?. Jim Walsh Walsh, Anderson, Brown, Gallegos and Green, P.C. The Diagnosis. Student has diabetes. He’s in 4 th grade.

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Special Education Leadership Network Meeting April 14, 2011

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  1. Special Education Leadership Network MeetingApril 14, 2011

  2. Healthcare Plan? Or 504? Jim Walsh Walsh, Anderson, Brown, Gallegos and Green, P.C.

  3. The Diagnosis • Student has diabetes. He’s in 4th grade. • Mother informs the school of the diagnosis and provides a Healthcare Plan for Diabetes Management, along with doctor’s orders and medical supplies.

  4. School Policy • District Policy FFAF called for development of a DMTP: Diabetes Management and Treatment Plan. • From this, the school develops an Individualized Healthcare Plan (IHP). • School did not initiate 504 evaluation.

  5. Mom Seeks Help • After considerable disagreement between mother and school nurse over how insulin would be provided, mother asked for OHI form. • After meetings with school staff, mother requested 504 evaluation and district provided it.

  6. The 504 Plan • District identified student as in need of a 504 plan. • Plan called for accommodations. • Parent never signed off on the plan. • District said it was “ready willing and able” to provide accommodations, but could not do so without parent agreement.

  7. OCR’s View: Child Find • OCR ruling faults the district for not initiating a 504 evaluation upon the student’s enrollment when it was informed of the diabetes diagnosis. • This problem was cured by the district’s subsequent evaluations.

  8. OCR View: Timeliness of Evaluation • There is no timeline spelled out in the law, so OCR looks to IDEA procedures. • The 504 evaluation was done within 60 days of parent consent. • Therefore, it was timely.

  9. OCR View: Consent? OCR: “Moreover, the Section 504 regulations do not require a signature on a Section 504 plan for the plan to be valid. The committee’s determination that the student needs certain related aids and services to ensure an appropriate public education establishes the district’s obligation to implement the related aids and services.”

  10. OCR: Your Policy and Practice • Board Policy FFAF “fails to reference the Section 504 evaluation procedure.” • Interviews showed that “as a practice, TISD does not initiate a Section 504 evaluation when they receive information indicating that a student has diabetes and may, because of disability, need related aids and services.”

  11. OCR on IHPs v. 504 OCR: “In relying on an individualized healthcare plan and not conducting an evaluation pursuant to Section 504, the TISD circumvents the procedural safeguards set forth in Section 504.”

  12. Texas Law • What OCR calls “policy” is actually state law. • Texas Health and Safety Code requires IHP for students with diabetes, but makes no reference to 504. • You could clear this up with local policy to supplement FFAF (Legal).

  13. Consider the Following • “Any student who requires an Individualized Health Plan (IHP) shall be referred to the Student Support Team for further consideration. The Team will consider all relevant information and make an individualized determination as to whether or not the student should be evaluated for eligibility under IDEA or identification as a student with a disability under Section 504. The decision of the SST will be communicated to the parent.”

  14. Let’s Be Clear • The problem here is not that THIS student was not referred to 504. • The problem was that NO STUDENTS with diabetes were referred. OCR infers from this that district “practice” is to rely on IHPs and not even consider 504 identification.

  15. Troubling Factor • OCR’s view of “child find” under 504 goes far beyond what the statute says…. • But OCR is the first line of review. So we are wise to take into account how they see it.

  16. Another Troubling Factor • OCR has previously said that parent consent is required before 504 services can be delivered. • But here they say the district should have served the student without consent.

  17. The Case • This is an OCR investigation of Tyler ISD, reported at 56 IDELR 24. • Dated July 28, 2010.

  18. Contact • Jim Walsh • Walsh, Anderson, Brown, Gallegos and Green, P.C. • www.walshanderson.com • jwalsh@wabsa.com • 800-252-3405 • Austin, Texas

  19. Intensive Summer SLP Services Pilot Program

  20. The improvement . . . was approximately FIVE TIMES greater than the improvement made by children from the Iowa epidemiological study in two years (Gillam and Loeb, 2010).

  21. No Glamourvs. Literacy Based Intervention Clinical model- address individual, discrete skills outside of context of instruction Educational model – address language skills within context of classroom expectations

  22. 40-60%

  23. 4 week intensive program

  24. 1/12 Ratio 2 hours/day 5 days/week 4 weeks Attend training

  25. Free Institute Materials Training Support

  26. kathy.clapsaddle@esc13.txed.net

  27. TEXAS BEHAVIOR SUPPORT INITIATIVE

  28. To The Administrator Addressed

  29. CORE TEAM Personnel called upon to use restraint in an emergency (30 days)TAC 89.1053 TAC 89.1053

  30. Legislative Issues School Wide and Classroom Interventions Individual Interventions Time-Out Prevention and De-escalation Techniques Action Planning 6

  31. Quarterly Reports Campus Core Team General Participant Use of Time-Out Use of Restraint Certificates

  32. ??? lindy.lyles@esc13.txed.net

  33. New PPCD Service Locator PEIMS Codes

  34. Background – history Affects all PPCD students, even 00 Changes as a result of feds, not state No change to instructional setting codes No change in PBMAS Why? State needs to meet federal reporting requirement in AFDR Definition of regular early childhood program (at least 50%)

  35. 0The PPCD Service Location Code applies only to students with disabilities who meet the PPCD definition in the PEIMS Data Standard. Students with disabilities ages six and above would be coded “0.”

  36. 1PPCD student receives the majority of their special education services in a regular early childhood program in which the student is eligible – designed for typically developing 3-5 with at least 50% of students without disabilities . May include: Community-based preschool, District or community child care, Head start, Kindergarten, Pre-k, School-based Preschool, staff and/or community access . Examples: 00 - Classroom based speech services . 44-45 – As long as they are receiving the majority of their special ed services in that special ed. Setting, can have pull out speech and still be a 1

  37. 2PPCD student receives the majority of their special education services in a regular early childhood program in which the student is NOT eligible. May include: Pre-k programs for which student is not eligible, “Community-based therapies are provided in clinics, hospitals, homes, or other community settings.” Directors: Do you have any scenarios that would fit here “Not eligible for district or community therapy settings.” 00 – have to receive services in the classroom; drop in services with students seen in Pre-k if they don’t qualify others – As long as they are receiving the majority of their special ed services in that special ed. Setting, can have pull out speech and still be a 2.

  38. 3If the PPCD student receives the majority of his or her special education services in a program that is specifically or primarily designed for children with disabilities and includes (at the time of the placement decision) a majority of at least 50 percent of disabled children (i.e., children with an individualized education program (IEP)), then the PPCD student would be coded 3.

  39. brenda.bush@esc13.txed.net kathy.clapsaddle@esc13.txed.net

  40. Breaking News!!

  41. . . . will be the only alternate assessment offered for students with significant cognitive disabilities beginning in 2011-2012 Already the 1 assessment for grades 3-8GOOD NEWS: Only 1 online system for teachers to use New teachers won’t have to learn 2 systems in their first year ARD flexibility for timeline of assessments (no longer by enrolled grade level) Credit for TAKS-Alt assessments already taken by this year’s 9th, 10th, or 11th graders Fewer assessments to administer (9 vs. 10) TAKS, TAKS (Accommodated), TAKS-M still available as plannedWHAT’S TRICKY: Spring ARD decisions about assessment for this year’s 9th and 10th graders PEIMS codes and scheduling Alternate

  42. Current options for modified courses: V code (e.g. Eng I) 8XXXXXXX (e.g., Reading Improvement) 9XXXXXXX (e.g., Applied English I) Previous rule allowed for substitutions, such as Applied Math or Consumer Math for Alg IWe’ll get back to TEKS alignment in a moment, but for now let’s finish reviewing the 4thoption (b)(1) (b)(2) AAR AAR AAR Test  Test (b)(3) IEP SOP SOP SOP  Test

  43. C022 Table Algebra I = 03100500 • Algebra I = 03100501 • Possible code for students taking STAARModified • Algebra I = 03100502 • Possible code for students taking STAARAlternate TEA Service ID #s proposed by Curriculum Division. Compare to local codes (e.g. 9ALGSE1) and course names (Applied Algebra).Will be available for AT LEAST the 9 EOC-linked courses for MHSP.

  44. How does it work?

  45. How does it work? Table showing 7 columns . Column 1 /Row1 Blank, Column2/R1: 2010-2011 9th, Column 3/R1: 2011-2012 – 10th, Column4/R1 2012-2013 121h, Column5/R1 2013-2014 12th, Column 6/R1 2014-2015 12th, Column7/R1 2015-2016 12th. Column 1/R2 TEST, Column 1/R3 Classes. All other cells are empty.

  46. How does it work? Table showing 7 columns . Column 1 /Row1 Blank, Column2/R1: 2010-2011 9th, Column 3/R1: 2011-2012 – 10th, Column4/R1 2012-2013 121h, Column5/R1 2013-2014 12th, Column 6/R1 2014-2015 12th, Column7/R1 2015-2016 12th. Column 1/R2 TEST, Column 1/R3 Classes. C2/R2 TAKS-Alt, Reading, Math. C2/R3 Basic Eng 1, Alg I. All other cells blank.

  47. How does it work? Table showing 7 columns . Column 1 /Row1 Blank, Column2/R1: 2010-2011 9th, Column 3/R1: 2011-2012 – 10th, Column4/R1 2012-2013 121h, Column5/R1 2013-2014 12th, Column 6/R1 2014-2015 12th, Column7/R1 2015-2016 12th. Column 1/R2 TEST, Column 1/R3 Classes. C2/R2 TAKS-Alt, Reading, Math. C2/R3 Basic Eng 1, Alg I. C3/R1- STAAR Alternate, English II, Geometry, Text that follows is in red: World history? IPC? C3/R3 English II , Geometry, (Text that follow is in red : World History?. All other cells empty.

  48. How does it work? Table showing 7 columns . Column 1 /Row1 Blank, Column2/R1: 2010-2011 9th, Column 3/R1: 2011-2012 – 10th, Column4/R1 2012-2013 121h, Column5/R1 2013-2014 12th, Column 6/R1 2014-2015 12th, Column7/R1 2015-2016 12th. Column 1/R2 TEST, Column 1/R3 Classes. C2/R2 TAKS-Alt, Reading, Math. C2/R3 Basic Eng 1, Alg I. C3/R1- STAAR Alternate, English II, Geometry, Text that follows is in red: World history? IPC? C3/R3 English II , Geometry, (Text that follow is in red : World History?. C4/R2, C5/R2, C6/R2, C7/R2 - all have STAAR Alternate in each cell. Also in a text box over all these cells: ARD Committee plans what year(s) to complete rest of the courses/EOCS. All other cells empty. ARD Committee plans what year(s) to complete the rest of the courses/EOCs.

  49. How does it work? • Table showing 7 columns . Column 1 /Row1 Blank, Column2/R1: 2010-2011 9th, Column 3/R1: 2011-2012 – 10th, Column4/R1 2012-2013 121h, Column5/R1 2013-2014 12th, Column 6/R1 2014-2015 12th, Column7/R1 2015-2016 12th. Column 1/R2 TEST, Column 1/R3 Classes. C2/R2 TAKS-Alt, Reading, Math. C2/R3 Basic Eng 1, Alg I. C3/R1- STAAR Alternate, English II, Geometry, Text that follows is in red: World history? IPC? C3/R3 English II , Geometry, (Text that follow is in red : World History?. C4/R2, C5/R2, C6/R2, C7/R2 - all have STAAR Alternate in each cell. Also in a text box over all these cells: ARD Committee plans what year(s) to complete rest of the courses/EOCS. There is an arrow to a second text box covering cells in Columns 4-7/R3. It reads: Must complete all 9 EOCs: English I, English II, English III, Algebra I, Geometry, Biology, World Geography, World History, US History. ARD Committee plans what year(s) to complete the rest of the courses/EOCs. Must complete all 9 EOCs: • English I • English II • English III • Algebra I • Geometry • Biology • World Geography • World History • US History

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