the new idea: major changes presentation to the charter schools summit november 7, 2006 nancy reder,...
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The New IDEA: Major Changes
Presentation to the Charter Schools SummitNovember 7, 2006Nancy Reder, Esq.Deputy Executive DirectorNASDSE
Ten Critical Issues
Alignment with the No Child Left Behind Act
Highly qualified teachersEarly intervening/Response to
InterventionPrivate schoolsNIMAS/NIMAC
Ten Critical Issues
IEPsProcedural safeguardsMonitoringDisciplineFunding issues
Highly Qualified Teachers
Highly Qualified Teachers (HQT) Must be fully certifiedThose teaching core content areas must be
highly qualified in contentConsultative teachers need not be highly
qualified in contentTeachers for those with significant cognitive
impairments have different standard
HQT and Charter Schools
Certification for teachers in charter schools depends on the state’s charter school lawOnly 14 states have any type of waiver
But remember – still need to have B.A. and demonstrate competency
More on HQT
Can use HOUSSE (high, objective, uniform state standard of evaluation) to demonstrate competence
IssuesPhaseout of HOUSSE ?Private schoolsRural and special ed teachers
Early Intervening§613(f) & 618(d); 300.226 & 300.646(b)(2)
15% of funds can be used to serve at-risk students – focus on early grades
When is this an LEA option and when is it a requirement?
No right to FAPE
Response to Intervention§614(b); 300.8(c)(10)
RtI is the practice of (1) providing high quality instruction/intervention matched to student needs and (2) using learning rate over time and level of performance to (3) make important educational decisions
RtI and Special Ed/General Ed
RtI is NOT something that happens in special ed
RtI IS something that happens in the general ed classroom
RtI IS related to the identification of students with learning and behavior disabilities
RtI Resources
Response to Intervention: Policy Considerations and ImplementationAvailable from www.nasdse.org
Additional resources (white paper; presentation) available at www.nasdse.org
www.IDEApartnership.orgwww.nrcld.org
Private School Students§612(a)(10);300.130-300.144
Highly qualified teachersLEA where private school is located has
new responsibilitiesChild FindProviding services and transportationMust consult with private schools on
services to be provided
More on Parentally Placed Private School Students
Need to provide equitable share – not the same as providing all services on the IEP
Preschool issues Private schools can file complaint with
SEA or the Secretary of Education
NIMAS/NIMAC§612(a)(23); 300.172
National Instructional Materials Accessibility Standard
NIMAC (Center)Addresses need for instructional
materials in accessible formats to persons who are blind or who have print disabilities
Resources: http://nimas.cast.org
IEPs§614(d); 300.320-300.328
IEP team IEP meetingsIEP content
Measurable annual goals, including both academic and functional
Transition issuesPlanning concernsStatement of Performance (SOP)
More on IEPs
Special ed and related services must be based on peer reviewed research to the extent practicable
Eliminated short-term objectives and benchmarks
Prohibition against requiring medication as a condition of school attendance
Definitions EXCLUDE surgically implanted medical devices (e.g., cochlear implants)
Procedural Safeguards§615; 300.500-330.520
Parent consent required prior to an initial evaluation, the initial provision of services and re-evaluations
Parent consent required for transition services personnel to be present at IEP meetings
Parent consent required to tap Medicaid
More on Procedural Safeguards
60-day timeline to complete initial evaluation (unless SEA has its own timeline)
Screening for instructional purposes is not an evaluation
Coordinate transfer of records Child cannot be determined to be child with a
disability if there is a lack of appropriate instruction in reading or math or LEP
More on Procedural Safeguards
Due Process complaintsTimelines for filing due process complaint –
2 year statute of limitationsNoticeTimelines for actionResolution process within 15 daysMediation optionalHearing within 45 daysAttorney fees
Monitoring§616; 300.600-300.609
Entire new section (616) on monitoringRequires development of 6-year state
performance plan (SPP) – were due December 2005
Annual reports on SPP (annual performance reports (APRs)) – first ones due in February 200720 indicators for Part B14 indicators for Part C
More on Monitoring
Interventions by the Secretary include:Suggestions for technical assistanceDirecting use of state-level fundsDevelopment of corrective action planWithholding of SEA funds
More on Monitoring
Approval process by SecretaryMeets requirementsNeeds assistance in implementing the
requirementsNeeds intervention in implementing the
requirementsNeeds substantial intervention in
implementing the requirements
More on Monitoring
SEAs to evaluate LEAs in the same mannerThe evaluations are not required to be
made public
Discipline§615(k); 300.530-300.537
Adds a new authority for school personnel to consider unique circumstances (when considering change of placement)
Adds “serious bodily injury” for interim removal
Short-term removalsLong-term removals
Discipline
Clarifies when services are required during disciplinary removals
Specifies when the LEA must give noticeNew standard for manifestation
determinationsFunctional behavior assessments added“Known or shown have known”
requirement
Funding Issues
Regs clarify that charter schools must be nonprofits to receive federal funding
Flow of funds:Feds >State>LEA>School building
(with exceptions)Federal funding dependent on
appropriations – not on what’s in authorizing legislation
Resources
www.nasdse.orgwww.ideapartnership.orghttp://idea.ed.govwww.ed.govhttp://nspd.rrfcnetwork.org/search/search
er.php [National State Policy Database (NSPD)]
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