Special Education Monitoring

1. Special Education Monitoring February 16, 2011 Event #8224

2. Agenda • Update on PBM and RFM • Intensive Program of Instruction and Accelerated Program of Instruction • Monitoring of Nonpublic Schools • Detention Facilities • Paraprofessionals and Inclusion Support

3. Update on Performance-Based Monitoring • Submissions of interventions activities • On-site visits • State assessment template findings Update on Residential Facility Monitoring • On-site visits • RF Futures Planning—Stakeholder Meeting

4. Accelerated Program of Instruction vs. Intensive Program of Instruction

5. Accelerated Program of Instruction • Legal citations: • TEC §28.0211 • 19 TAC §101.2003

6. 2010-2011 Grade Placement Committee Manual • Page 19– FIRST ADMINISTRATION OF TAKS • Pages 32-38 Requirements for Special Populations Students Receiving Special Education Services

7. Intensive Program of Instruction TEC §28.0213

8. What will SPED Monitoring Be Looking For? For a SPED student who does not perform satisfactorily on a state assessment, no matter what grade level, there should be • clear evidence in the IEP that • an ARD committee meeting was convened or an ARD amendment was conducted to determine • what program will be provided to the student to assist the student with learning the curriculum material to be able to perform satisfactorily on the next administration of the state assessment.

9. Questions?

10. Monitoring for Nonpublic Schools • In accordance with 19 TAC §89.61 and 34 CFR §300.146-§300.147, TEA approves the educational programs of nonpublic schools that meet federal and state special education program requirements.

11. Nonpublic school • If a local education agency (LEA) is not able to meet the needs of a student and provide a FAPE, the LEA may contract with an approved nonpublic day and/or residential school to provide special education instructional and related services. • Nonpublic schools are private schools which provide services by nonpublic school staff.

12. Nonpublic schools • The legal responsibility for ensuring that appropriate educational services are provided to students remains with the LEA: • The LEA must initiate and conduct an ARD committee meeting for the student to develop an IEP for the student; • The LEA lists the services that it cannot provide and that the nonpublic school will provide in the IEP; • The ARD committee establishes, in the IEP, criteria and an estimated timeline for the student’s return to the LEA; and • The appropriateness of the nonpublic school for each student placed shall be documented in the IEP.

13. Nonpublic schools • The LEA must make an initial and annual visit to the nonpublic school to verify that the nonpublic school can, and will, provide the services listed in the student’s IEP. • The LEA is responsible for ensuring that: • The educational staff at the nonpublic school hold appropriate professional credentials (certified; highly qualified, if needed ) for providing services; • The student receives a school day that is commensurate with that received by the students in the LEA; • Any disciplinary removals are documented in PEIMS; • The nonpublic school provides a safe, healthy environment.

14. Nonpublic schools continued The written curriculum is aligned with the TEKS and provides opportunity for access to and progress in the TEKS as appropriate for the students placed; and • The student is making progress and educational benefit from the instruction and services provided. • The LEA must provide a complete analysis for LRE and provide individual justification as to why the student cannot be served in the LEA and why the nonpublic school is currently the LRE for the student.

15. TEA’s Responsibilities • Conducts initial approval and periodic re-approval on-site visits to verify compliance with state and federal requirements. • ⋆Noncompliance may be identified for both the nonpublic school as well as the LEA.

16. Questions?

17. Inclusion Support and the Use of Paraprofessionals

18. The IEP includes • Specially designed curriculum; and • Frequency, duration, and location of the special education service • Therefore, • The IEP must be implemented by certified special education personnel. • Paraprofessionals providing inclusion support should be working under the direct supervision of a certified SPED teacher.

19. RF Monitoring and Detention Facilities Students with disabilities from District A are sent to a detention facility where District A students and students from other area LEAs are sent. The facility is located in District B. District A and B have an MOU that states that District A will conduct the ARD committee meetings for students who came from District A. The MOU also states that it is the responsibility of District B staff to provide all instruction and services as outlined in the students’ IEPs.

20. TEA will monitor District A’s student eligibility folders for compliance. • TEA will monitor District B to ensure that it is providing all services as outlined in the students’ IEPs. • District B will enter the students into RF Tracker.

21. Future SPED Monitoring TETNs • March 8 • April 11 • May 13 • June 15 All sessions will be from 1:00-3:00 P.M.

22. For questions or concerns, email . . . spedmon@tea.state.tx.us Or rfmon@tea.state.tx.us Phone number-(512) 463- 5226 Fax number- (512) 463-3136