special education leadership network meeting april 14, 2011

Special Education Leadership Network

MeetingApril 14, 2011

Healthcare Plan? Or 504?

Jim WalshWalsh, Anderson, Brown, Gallegos and Green, P.C.

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.

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.

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.

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.

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.

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.

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.”

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.”

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.”

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).

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.”

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.

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.

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.

The Case

This is an OCR investigation of Tyler ISD, reported at 56 IDELR 24.

Dated July 28, 2010.

Contact

Jim WalshWalsh, Anderson, Brown, Gallegos and

Green, P.C.www.walshanderson.comjwalsh@wabsa.com800-252-3405Austin, Texas

Intensive Summer SLP Services Pilot Program

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).

C l i n i c a l m o d e l - a d d r e s s i n d i v i d u a l , d i s c r e t e s k i l l s o u t s i d e o f c o n t e x t o f i n s t r u c ti o n

E d u c a ti o n a l m o d e l – a d d r e s s l a n g u a g e s k i l l s w i t h i n c o n t e x t o f c l a s s r o o m e x p e c t a ti o n s

No Glamourvs.

Literacy Based Intervention

40-60%

4 week intensive program

1/12 Ratio

2 hours/day

5 days/week

4 weeks

Attend training

Free Institute

Materials

Training

Support

kathy.clapsaddle@esc13.txed.net

TEXAS BEHAVIORSUPPORTINITIATIVE

To The Administrator Addressed

1. CORE TEAM

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

TAC 89.1053

6LEGISLATIVE ISSUES

SCHOOL WIDE AND CLASSROOM

INTERVENTIONS

INDIVIDUAL INTERVENTIONS

TIME-OUT

PREVENTION AND DE-ESCALATION TECHNIQUES

ACTION PLANNING

Quarterly ReportsCampus Core TeamGeneral ParticipantUse of Time-OutUse of Restraint

Certificates

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

New PPCD Service Locator PEIMS Codes

Background – history

Affects all PPCD students, even 00Changes as a result of feds, not state

No change to instructional setting codesNo change in PBMAS

Why? State needs to meet federal reporting requirement in AFDRDefinition of regular early childhood program (at least 50%)

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.”

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

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.

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.

brenda.bush@esc13.txed.netkathy.clapsaddle@esc13.txed.net

BREAKING NEWS!!

Alternate

. . . 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 planned

WHAT’S TRICKY: Spring ARD decisions about assessment for this year’s 9th and 10th graders PEIMS codes and scheduling

(b)(1) (b)(2)

SOPAAR

Test

SOPAAR

Test

Test

(b)(3)

AAR SOP

IEP

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 4 th option

C022 Table

Algebra I = 03100500 Algebra I = 03100501

Possible code for students taking STAAR Modified

Algebra I = 03100502 Possible code for students

taking STAAR AlternateTEA 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.

How does it work?

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

CLASSES

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.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

CLASSES

Basic Eng. IApplied Alg. I

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.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

STAAR Alternate•English II•Geometry•World History?•IPC?

CLASSES

Basic Eng. IApplied Alg. I

English IIGeometryWorld History?

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.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

STAAR Alternate•English II•Geometry•World History?•IPC?

STAAR Alternate

STAAR Alternate

STAAR Alternate

STAAR Alternate

CLASSES

Basic Eng. IApplied Alg. I

English IIGeometryWorld History?

ARD Committee plans what year(s) to complete the rest of the courses/EOCs.

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.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

STAAR Alternate•English II•Geometry•World History?•IPC?

STAAR Alternate

STAAR Alternate

STAAR Alternate

STAAR Alternate

CLASSES

Basic Eng. IApplied Alg. I

English IIGeometryWorld 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

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.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

STAAR Alternate•English II•Geometry•World History?•IPC?

STAAR Alternate

STAAR Alternate

STAAR Alternate

STAAR Alternate

CLASSES

Basic Eng. IApplied Alg. I

English IIGeometryWorld 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?

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. English II, Geometry have checkmarks in front of them. World History has a question mark.

2010-20119th

2011-201210th

2012-201311th

2013-201412th

2014-201512th

2015-201612th

TEST

TAKS-Alt•Reading•Math

STAAR Alternate•English II•Geometry•World History?•IPC?

STAAR Alternate

STAAR Alternate

STAAR Alternate

STAAR Alternate

CLASSES

Basic Eng. IApplied Alg. I

English IIGeometryWorld 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?

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. English I, English II, Algebra I, Geometry have checkmarks in front of them. World History has a question mark.

Next Steps

TCASE Updat

e

Special Education Conference To Do or Not To Do

Announcements/ To Do List

Special Education

Cooperatives

Financial Allocation Study for Texas(FAST)

http://www.fastexas.org

Collected Information

• 18+ Program• AGC• AT• Behavior• Compliance• DHH (not RDSPD)• Evaluation • Preschool• Related Services• Other

Lunchand

Networkingand

RDSPD