seaoc march 28, 2011 adapted from a presentation by: kent isd january 12, 2010 additional slides...
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SEAOCMarch 28, 2011
Adapted from a presentation by:Kent ISD
January 12, 2010
Additional Slides added from a presentation by:LaPointe & Butler, P.C.
In Michigan, the Auxiliary Services Act requires public schools to provide certain services to nonpublic schools located within their boundaries.
Auxiliary services includes evaluation and child find.
Key Concept: For nonpublic students the offer of a free and appropriate public education (FAPE) through an IEP is the responsibility of the student’s resident district (District of Residence or DOR) wherever that may be. The public school district in which the nonpublic is located (District
of Location or DOL), if different than the public school district in which the student resides, offers services through a Service Plan.
Eligible students attending nonpublic schools (K-12) located within district, on equal basisHome school is a non-public if
registered with MDE Equal basis, for students with
disabilities, means all eligible students
LaPointe & Butler, P.C.
At minimum, services include speech and language, school social work, school psychological and teacher consultant
Unclear what, if any, other services covered Occupational and physical therapy usually
provided Instructional services are not covered
Services must be of same quality and amount as student would receive in a public school.
LaPointe & Butler, P.C.
District where private schools located (DOL) must serve eligible private school students
DOL must carry out child-find for private school students
No specific services are required. Any service (including auxiliary services) may be provided
LaPointe & Butler, P.C.
DOL must spend proportionate share of Part B Funds in providing servicesProportionate share=ratio of private
school SWDs to total SWDs in districtObligation limited to services that can
be provided with proportionate share No individual entitlement to services
LaPointe & Butler, P.C.
DOL determines which students will be served
Services must be of same quality but need not be in same amount as student would receive in public school
Services are provided under a services plan
District must spend federal funds to provide services
LaPointe & Butler, P.C.
DOL must timely and meaningfully consult with private schools on: Child-find process How proportionate share is calculated How, where and by whom services will be
provided How students to be served will be selected How consultation will be carried out
LaPointe & Butler, P.C.
All private school students eligible for auxiliary services must be served, without regard to cost
Federal funds may be used to provide auxiliary services
Providing auxiliary services meets IDEA requirement to provide services
Providing only auxiliary services satisfies IDEA requirement only if cost of services equals or exceeds proportionate share amount
LaPointe & Butler, P.C.
Evaluation and determination of special education eligibility of a nonpublic student is provided with the same procedural safeguards as for a public school evaluation: Referral Consent to evaluate Review of existing data as appropriate Evaluation Discuss results and likely outcomes with parents Present data, determine eligibility at meeting
A special education evaluation and determination of eligibility is not complete until presented to an IEP or Service Plan Team meeting, and the team decision is documented on an IEP or Nonpublic Service Plan.
District of Location vs. District of Residence Typically the referral for a SE evaluation
comes into the district that the Non-Public School is located in (DOL) as they have the child find obligation.
The district of residence (DOR) is responsible for offering FAPE through an IEP.
Therefore, the DOL needs to communicate to the DOR that an evaluation is occuring.
The public district of location cannot communicate any information regarding its evaluation of the student to the resident district without parental consent.
If the nonpublic parent does not, or refuses to, inform the resident district that their child is a student with a disability, then the resident public district has no obligation to offer a FAPE.
Historically, Michigan Department of Education (MDE) policy has used a “services-only IEP” for provision of special education services with no programming to local nonpublic students.
.
“Nonpublic Service Plans… ya ever hear of em?”
Key Change: In the IDEA, the provision of services to nonpublic students is to be written in a Nonpublic Service Plan, now accepted by MDE.
http://www.michigan.gov/mde/0,1607,7-140-6530_6569_35175---,00.html
When the evaluation indicates educational needs necessitating special education, the nonpublic parent may choose to: 1. Enroll the student in the resident public district to help
develop an IEP with special education programs (and possibly services)
2. Decline all special education
3. Decline all programs and accept a Nonpublic Service Plan from the public district of location
If student requires a special education program an IEP must be developed and a program provided in the resident district.
Students who are dually enrolled in resident public district (for non-core classes) and nonpublic school receive programs and/or services in the resident district.
Pre-K students are the responsibility of the resident district and receive programs and/or services through an IEP.
http://www.michigan.gov/documents/5E-NonPubPtTimeHomeSchooled_41434_7.pdf
Resident nonpublic student - The initial eligibility determination, initial offer of a FAPE through special education, and the parent decision to decline all special education should be documented on the Initial Notice form.
Nonresident nonpublic student - The initial eligibility determination, initial offer of special education, and the parent decision to decline services offered on on a Nonpublic Notice form.
Resident and nonresident nonpublic students – The public district of location develops a Nonpublic Service Plan.
“Now when the nice lady from the public school comes, be nice …or we’ll have to talk about it…”
Key ComparisonsIEP in Resident
District Service Plan
Invitation to Meeting Yes Yes
Planning Team IEP Team Service Plan Team
Written Plan IEP Service Plan
Annual Reviews Yes Yes
Parent declines initial offer of special education – resident
Document on IEP Notice
Document on Service Plan Notice
Parent declines initial offer of special education – nonresident
----Document on
Service Plan Notice
3-year Reevaluation - student has IEP or Service Plan
Yes Yes
3-year Reevaluation - parent has declined all Plans
Offer to parent Offer to parent
Key Comparisons IEP in Resident District Service Plan
Present level - PLAAFP Yes Statement of Need
Programs Available as appropriate No
Services Available as appropriate limited
Goals and objectives Yes Same forms as IEP
Accommodations Available as appropriate No
Postsecondary transition Available as appropriate No
State/district assessment Available as appropriate No
Extended school year (ESY) Available as appropriate Rare but possible
Special transportation Available as appropriate Within public district to access services
An evaluation of a nonpublic student is still an initial evaluation if a prior evaluation was done:
By a private school or other private provider
By a public school and the student was found to be ineligible
By a public school and the student was found to be eligible, but the parent revoked consent for the provision of all special education programs/services
ADA/State Disability Act: The obligation of providing accommodations is that of the Non-Public School.
The Public LEA can choose to provide accommodations.
If you choose to provide accommodations for one student, you need to do it for all.
The decision of whether or not to provide accommodations cannot be based on eligibility or where the equipment comes from.
The public district of location must offer a redetermination of eligibility at least every 36 months to eligible nonpublic students, even if not currently receiving services.
.A Redetermination of Eligibility for a Nonpublic School Student form exists and can be found on Oakland ISDs website.
No participation regarding an IEP or Nonpublic Service Plan meeting following the evaluation:
Resident student - the district should document in a letter sent to the parent for signature: Its offer to conduct an IEP Team/Nonpublic Service Plan
meeting Acknowledgement that procedural safeguards have been
provided If parent still refuses to respond or sign, then convene the IEP
Team meeting on time and send the proposed IEP and Notice or Nonpublic Service Plan and Notice to the parent to document the process.
Nonresident student – as above, similarly document an offer of services in the nonpublic school.
When a nonpublic parent decides that the student will not receive special education, is it a revocation of consent:
When declining an initial offer of a Service Plan or IEP? …NO, as there is no initial consent to provide current service to revoke. Document the decision to decline as given previously.
When terminating PART of a Nonpublic Service Plan or IEP?
…NO, the proper procedure would be to rewrite or amend the Service Plan or IEP to reflect remaining programs or services.
When terminating ALL provisions of a Nonpublic Service Plan or IEP after services have started? …YES, use the Revocation of Consent forms.
Evaluation data should be identical.
For reporting purposes, local data systems should log Nonpublic Service Plans as IEPs to help track invitations, date of last plan, etc.
.Vendor issues might occur if a student management data program requires IEP elements not in a Service Plan.
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