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Special Education Update June 2004. Ken Book Education Service Center, Region 20. Special Education Update Topics. Proposed Commissioner Rules Required Parent Notice NCLB 1% Exemption for AYP IDEA Reauthorization Update. Proposed Commissioner Rules.
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Special Education UpdateJune 2004 Ken BookEducation Service Center, Region 20
Special Education UpdateTopics Proposed Commissioner Rules Required Parent Notice NCLB 1% Exemption for AYP IDEA Reauthorization Update
Proposed Commissioner Rules Section 89.1053, Procedures for Use of Restraint and Timeout • Revised procedures for use of confinement, restraint, seclusion, and timeout • Revised definitions for restraint and timeout • Rules or procedures do not apply to: • Peace officers • Juvenile probation • Detention or corrections personnel • Educational services provider when student is placed by a judicial authority
Proposed Commissioner Rules Section 89.1055, Content of the Individualized Education Program (IEP) • Amended to reflect legislative intent related to transition • No longer requires a memorandum of understanding (MOU) on transition • Requires the ARD committee to address nine issues related to transition planning
Proposed Commissioner Rules IEP, cont. • The nine issues for transition planning: • Involve student in transition planning • Involve parent if under student is under 18 • Invite parent of student age 18 and older • Consider post-secondary options • Complete functional vocational assessment
Proposed Commissioner Rules IEP, cont. • The nine issues for transition planning: • Develop employment goals/objectives • Consider appropriate instructional environments students ages 18 and older • Consider independent living goals/objectives • Refer student/parent to appropriate service agencies (i.e., TRC, MH/MR)
Proposed Commissioner Rules Section 89.1076, Interventions and Sanctions • Builds a new monitoring system focused on student performance, including program effectiveness • Goes beyond compliance-based issues
Proposed Commissioner Rules Section 89.1096, Provision of Services for Students Placed by their Parents in Private Schools or Facilities • Repeals dual enrollment provision for students ages 6-21 • Retains dual enrollment for students ages 3-5 • From 3rd birthday until the end of school year during which the child turns 5 or until the child becomes eligible for kindergarten, whichever comes first.
Required Parent Notice • Annual notice of assistance to students with learning difficulties • Notice must be written. • Provided to all parents
Required Parent Notice Content of Notice • Specify contact for information on general referral process • Options for students having difficulty • Tutorials • Compensatory services • Other support services
Required Parent Notice Content of Notice, cont. • Right of parent to request an evaluation • Evaluation to be completed within 60 days of consent • Copy of report to be given to parent
Required Parent Notice Content of Notice, cont. • Notice of refusal to provide evaluation • Inform parent of rights if they disagree • Inform how to obtain copy of Notice of Procedural Safeguards—Rights of Parent of Students with Disabilities
1% Exemption for AYP • Current 1% cap on alternate assessments • Commissioner request for exception to 1% cap • Hold harmless for 2003-04 • 2004-05 7% cap • 2005-06 6% cap
1% Exemption for AYP USDE’s AYP Calculations • Participation • SDAA takers only count if tested on grade level • LDAA takers do not count. • Performance • SDAA takers are proficient if tested on grade level • LDAA takers do not count.
1% Exemption for AYP TEA’s Proposed AYP Calculations (for 2003-04) • Participation • All SDAA takers count. • All LDAA takers count. • Performance • SDAA takers are proficient if ARD expectation is met. • LDAA takers are proficient if ARD expectation is met.
1% Exemption for AYP TEA’s Proposed AYP Calculations (for 2004-05) • Participation • SDAA II—No more than 6% of all test takers count. • LDAA—No more than 1% of all test takers count. • Performance • To be determined from benchmark year for SDAA II • Count LDAA takers as proficient if ARD expectation is met
1% Exemption for AYP Implications • Special Education students need to receive TEKS-based instruction. • Campuses must significantly reduce the number of special education students taking the SDAA and LDAA.
IDEA Reauthorization Update • Senate version has passed (May 13, 2004). • Joint Conference Committee has yet to be named. • Stay Tuned!!