special education inservice february 19, 2007 1:00-3:00 pm

Special Education InserviceSpecial Education InserviceFebruary 19, 2007February 19, 2007

1:00-3:00 PM1:00-3:00 PM

New Federal Regulations:New Federal Regulations:

These regulations take effect on These regulations take effect on October 13, 2006.October 13, 2006.

Section 300.307(a)(2) (proposed Section 300.307(a)(2) (proposed paragraph (a)(3)) has been paragraph (a)(3)) has been changed to clarify that the criteria changed to clarify that the criteria adopted by the State must permit adopted by the State must permit the use of a process based on the the use of a process based on the child’s response to scientific, child’s response to scientific, research-based intervention.research-based intervention.

Response to Intervention Response to Intervention (RTI)(RTI)

In determining a student eligible for special education In determining a student eligible for special education services, specifically in the area of learning disabled (LD), services, specifically in the area of learning disabled (LD), the LEA must consider a severe discrepancy (SD) between the LEA must consider a severe discrepancy (SD) between one’s predicted achievement and outcome achievement one’s predicted achievement and outcome achievement andand rule out lack of appropriate research based instruction rule out lack of appropriate research based instruction in reading and or mathematics. Formerly, the LEA had the in reading and or mathematics. Formerly, the LEA had the option of choosing one of the aforementioned as the option of choosing one of the aforementioned as the determining factor and in most cases the LEA has elected determining factor and in most cases the LEA has elected to use the severe discrepancy.to use the severe discrepancy.

RTI will affect 80-90% of all special education referrals.RTI will affect 80-90% of all special education referrals. RTI will not affect those already receiving special RTI will not affect those already receiving special

education serviceseducation services

QuestionsQuestions

Is AMSTI a viable SBR program that can be Is AMSTI a viable SBR program that can be used as a determining factor for LD eligibility?used as a determining factor for LD eligibility?

Can lack of RTI in reading be ruled out if Can lack of RTI in reading be ruled out if reading instruction was administered by a “non reading instruction was administered by a “non highly qualified” teacher?highly qualified” teacher?

Does this eradicate the LD eligibility of the Does this eradicate the LD eligibility of the high school student who has never been high school student who has never been exposed SBR math and/or reading program?exposed SBR math and/or reading program?

Questions ContinuedQuestions Continued

Does this eradicate the LD eligibility in the Does this eradicate the LD eligibility in the area of mathematics next year for Brantley area of mathematics next year for Brantley and Highland School students who have not and Highland School students who have not been exposed to AMSTI?been exposed to AMSTI?

What role does SBR play in the BBSST What role does SBR play in the BBSST academic referral process?academic referral process?

ConclusionsConclusions

As of October 2006, the LEA should determine As of October 2006, the LEA should determine students LD eligible based on SD and rule out lack students LD eligible based on SD and rule out lack of appropriate math and reading instruction as a of appropriate math and reading instruction as a contributing factor, RTI.contributing factor, RTI.– Appropriate instruction is SBR and reflects RTI.Appropriate instruction is SBR and reflects RTI.

RTI is a general education function.RTI is a general education function. Appropriate instruction must be rendered in the Appropriate instruction must be rendered in the

regular education classroom by a “highly regular education classroom by a “highly qualified” teacher.qualified” teacher.

Conclusions ContinuedConclusions Continued

SBR reading programs must contain these SBR reading programs must contain these essential components:essential components:– PhonicsPhonics– Phonemic AwarenessPhonemic Awareness– Vocabulary DevelopmentVocabulary Development– Reading ComprehensionReading Comprehension– Reading FluencyReading Fluency

ConclusionConclusion

RTI must be implemented for an appropriate period. RTI must be implemented for an appropriate period. – An appropriate period is no less than 180 days (the An appropriate period is no less than 180 days (the

equivalent of one school year), but is contingent of the equivalent of one school year), but is contingent of the program in use. program in use.

SBR must become part of every academic BBSST SBR must become part of every academic BBSST referral.referral.– It is strongly recommended that students receive Tier II It is strongly recommended that students receive Tier II

interventions if norm referenced scores are between the interventions if norm referenced scores are between the 1010thth and 25 and 25thth percentile. percentile.

In my opinion, these students are our BBSST referred students.In my opinion, these students are our BBSST referred students.

Conclusions Conclusions ContinuedContinued

– It is strongly recommended that students It is strongly recommended that students receive Tier III interventions if norm referenced receive Tier III interventions if norm referenced scores are below the 10scores are below the 10thth percentile. percentile.

In my opinion, these are students who may need In my opinion, these are students who may need special education services.special education services.

Tier III SBR interventions must be sought.Tier III SBR interventions must be sought. Tier III scheduling for the 2007-08 school Tier III scheduling for the 2007-08 school

years must be developed.years must be developed.

Possible ResultsPossible Results

Eventually may decrease N-count for AYP. Eventually may decrease N-count for AYP. Test scores may improve.Test scores may improve. Decrease in special education population Decrease in special education population

and discipline referrals affecting the 10-Day and discipline referrals affecting the 10-Day Rule.Rule.

Failure to Comply may Failure to Comply may result in:result in:

Payback to Federal GovernmentPayback to Federal Government Due Process HearingsDue Process Hearings

Questions Regarding Questions Regarding RTIRTI

IEP- Special Education IEP- Special Education ServicesServices

All supplemental services (i.e. speech therapy, All supplemental services (i.e. speech therapy, occupational therapy, physical therapy, etc.), must occupational therapy, physical therapy, etc.), must be administered to the extent practical and be administered to the extent practical and possible.possible.– If it exists on earth and can be supported by a If it exists on earth and can be supported by a

professional journal, the LEA must consider obtaining. professional journal, the LEA must consider obtaining. – The LEA can no longer justify special education The LEA can no longer justify special education

services by stating that the student will receive core services by stating that the student will receive core curriculum in the general education classroom for 50 curriculum in the general education classroom for 50 minutes daily, 5 days per week. The IEP team must minutes daily, 5 days per week. The IEP team must document the peer reviewed research which constitutes document the peer reviewed research which constitutes the services.the services.

Composition of the Composition of the IEP TeamIEP Team

A general education A general education core core teacher who is teacher who is currentlycurrently teaching the student must be teaching the student must be present.present.– Elective teachers may not serve this purpose.Elective teachers may not serve this purpose.

Career technical teachers are needed for Career technical teachers are needed for students pursuing an AOD.students pursuing an AOD.

If the student is enrolled in a dare care If the student is enrolled in a dare care agency (state or private), the student’s agency (state or private), the student’s teacher should be invited and attend.teacher should be invited and attend.

Composition of the IEP Composition of the IEP Team, ContinuedTeam, Continued

When the student does not have a teacher, When the student does not have a teacher, the LEA should secure a general education the LEA should secure a general education teacher of the next grade level relevant to teacher of the next grade level relevant to the age of the child (i.e. for the 3 year-old the age of the child (i.e. for the 3 year-old who stays at home with a parent, the LEA who stays at home with a parent, the LEA would ask a K-4 teacher to attend the IEP would ask a K-4 teacher to attend the IEP meeting).meeting).


There is no limit to whom the parent can invite to an There is no limit to whom the parent can invite to an IEP meeting. The only person who cannot attend an IEP meeting. The only person who cannot attend an IEP meeting is a teacher union representative.IEP meeting is a teacher union representative.

The definition of The definition of parent parent in § 300.30 has in § 300.30 has been revised to substitute ‘‘biological’’ for been revised to substitute ‘‘biological’’ for ‘‘natural’’ each time it appears in the ‘‘natural’’ each time it appears in the definition, and to add language clarifying definition, and to add language clarifying that to be considered a parent under this that to be considered a parent under this definition a ‘‘guardian’’ must be a person definition a ‘‘guardian’’ must be a person generally authorized to act as the child’s generally authorized to act as the child’s parent, or authorized to make educational parent, or authorized to make educational decisions for the child.decisions for the child.


A student’s core general education teacher A student’s core general education teacher should always attend IEP meetings. should always attend IEP meetings. There There are no exceptionsare no exceptions..

DisciplineDiscipline

The 10 day rule for removal from The 10 day rule for removal from educational setting:educational setting:– Is cumulative for a school year.Is cumulative for a school year.

Pertains to both alternative school and Pertains to both alternative school and suspension.suspension.

Does not include ISS.Does not include ISS. All related services must continue while a student All related services must continue while a student

is in ISS (i.e. speech, OT, PT, resource room for is in ISS (i.e. speech, OT, PT, resource room for basic skills). Related services cannot be denied.basic skills). Related services cannot be denied.


ISS should not be overused without conducting a ISS should not be overused without conducting a FBA and developing a BIP (i.e. Student who has FBA and developing a BIP (i.e. Student who has served 15 days ISS should have the served 15 days ISS should have the aforementioned.)aforementioned.)

May be carried over to the next school year, but May be carried over to the next school year, but would not count towards the new year’s 10 day would not count towards the new year’s 10 day total.total.

Any part of a day suspended counts toward a day Any part of a day suspended counts toward a day removed from the setting (i.e. Student gets into removed from the setting (i.e. Student gets into fight at 1 PM, parent picks up at 2 PM = 1 day fight at 1 PM, parent picks up at 2 PM = 1 day removal from setting) (part day = whole day).removal from setting) (part day = whole day).


– Removal from setting includes any time Removal from setting includes any time off task and out of educational setting off task and out of educational setting such as:such as: student sent out in the hall without student sent out in the hall without

assignment,assignment, student sitting for a prolonged period of time student sitting for a prolonged period of time

outside the principal’s office without outside the principal’s office without assignmentassignment

– KEY: When the student is removed for a behavioral KEY: When the student is removed for a behavioral issue, the student’s assignment should accompany them; issue, the student’s assignment should accompany them; otherwise it counts as a day of removal.otherwise it counts as a day of removal.


Removal from educational setting regulations still Removal from educational setting regulations still exists even if a student withdraws from school to exists even if a student withdraws from school to elude consequences (i.e. home school or private elude consequences (i.e. home school or private school enrollment).school enrollment).– Full time served must be rendered upon reenrolling.Full time served must be rendered upon reenrolling.

– The IEP Team should conduct the necessary formalities The IEP Team should conduct the necessary formalities (FBA, BIP, and MDR) provided the student should (FBA, BIP, and MDR) provided the student should return or enrolls in another school.return or enrolls in another school.

Discipline- Bus Discipline- Bus SuspensionsSuspensions

““BIGBIG” ” bus suspensions do not count toward bus suspensions do not count toward the 10 days.the 10 days.

Mini bus suspension does count toward the Mini bus suspension does count toward the 10 days10 days


Considering the student’s conduct, is it Considering the student’s conduct, is it relevant to his relevant to his educational educational disability?disability?

– Oppositional Defiance Disorder (ODD) is not an Oppositional Defiance Disorder (ODD) is not an educational disability. It is a willful, defiant act.educational disability. It is a willful, defiant act.

Must consider whether the misbehavior Must consider whether the misbehavior is a direct result of the school’s is a direct result of the school’s inability to implement the IEP (BIP).inability to implement the IEP (BIP).


Subsequent InfractionsSubsequent Infractions– Once a student exceeds the 10 day removal, for Once a student exceeds the 10 day removal, for

every additional offense in which a student is every additional offense in which a student is removed from the educational setting, a MDR removed from the educational setting, a MDR must be conducted. must be conducted.

You cannot proceed with a MDR unless a You cannot proceed with a MDR unless a FBA and BIP have been conducted. The FBA and BIP have been conducted. The BIP must have had adequate time for BIP must have had adequate time for success.success.


Once an MDR is conducted the student Once an MDR is conducted the student essentially goes from special education to essentially goes from special education to general education.general education.

45 Day Rule45 Day Rule– A student can be suspended. “on the spot”, up A student can be suspended. “on the spot”, up

to 45 days for weapon violation or drug to 45 days for weapon violation or drug possession.possession.

Infliction of bodily injury implies hospitalization Infliction of bodily injury implies hospitalization and/or ambulance service.and/or ambulance service.


Serious bodily injury involves:Serious bodily injury involves:– Substantial risk of deathSubstantial risk of death– Extreme physical painExtreme physical pain– Protracted and obvious disfigurement, Protracted and obvious disfigurement,

oror– Protracted loss or impairment of Protracted loss or impairment of

function of a bodily member, organ or function of a bodily member, organ or mental faculty mental faculty “Terminal Offenses.”“Terminal Offenses.”


Homebound services are now acceptable for Homebound services are now acceptable for some behavioral cases (Oct. 2006).some behavioral cases (Oct. 2006).

Be mindful that restricting students from Be mindful that restricting students from participating in extracurricular activities participating in extracurricular activities does not count against 10 day.does not count against 10 day.

i.e. prom, homecoming, sports, club/organization i.e. prom, homecoming, sports, club/organization activitiesactivities

Graduation is an academic exercise.Graduation is an academic exercise.– Teachers have the right to file charges. Administration Teachers have the right to file charges. Administration

should never suggest or coherse employees to fileshould never suggest or coherse employees to file

DisciplineDiscipline– Court orders can keep students from attending Court orders can keep students from attending

school, but does not remove the LEA’s school, but does not remove the LEA’s responsibility to serve.responsibility to serve.

– Transition from DYS or other Correctional Transition from DYS or other Correctional FacilitiesFacilities

This is an LEA and IEP team decision. Students This is an LEA and IEP team decision. Students may be referred to alternative school before may be referred to alternative school before returning to campus. FBA, BIP and/or MDR should returning to campus. FBA, BIP and/or MDR should precede the placement. precede the placement.


The IEP cannot detour enrollment, but The IEP cannot detour enrollment, but can determine placement.can determine placement.

Stay-PutStay-Put– No longer exists. If parents file for due No longer exists. If parents file for due

process, the student remains as the principal or process, the student remains as the principal or designee determines. designee determines.

Formerly, if a parent filed for due process Formerly, if a parent filed for due process (complaint), the student returned to his normal (complaint), the student returned to his normal educational environment until the problem was educational environment until the problem was resolved.resolved.

DisciplinDisciplinee

Law EnforcementLaw Enforcement– Do not impose suspension and alternative Do not impose suspension and alternative

school if the Law has removed the student from school if the Law has removed the student from the school setting. Save your 10 days. (i.e. If the school setting. Save your 10 days. (i.e. If a student is sent to “boot camp” for 6 weeks, do a student is sent to “boot camp” for 6 weeks, do not suspend.)not suspend.)

Who is a Parent?Who is a Parent?– A parent may be anyone of whom a child lives A parent may be anyone of whom a child lives

with (i.e. stepmother, grandparent, and uncle).with (i.e. stepmother, grandparent, and uncle).

Discipline-Discipline-Special CircumstancesSpecial Circumstances

Student may be removed to IAES for up to 45 Student may be removed to IAES for up to 45 schoolschool days regardless of manifestation where days regardless of manifestation where childchild– Carries or possesses a weapon to or at school, on Carries or possesses a weapon to or at school, on

school premises, or to or at a school function school premises, or to or at a school function

– Knowingly possesses or uses illegal drugs, or sells or Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at solicits the sale of a controlled substance, while at school, on school premises, or at a school function, school, on school premises, or at a school function, oror

– Has inflicted serious bodily injury upon another Has inflicted serious bodily injury upon another person while at school, on school premises, or at a person while at school, on school premises, or at a school functionschool function

Referral ProcessReferral Process

If a special education referral is made, the If a special education referral is made, the IEP deems a student eligible, and the parent IEP deems a student eligible, and the parent does notdoes not consent for placement, the school consent for placement, the school is forever released from providing FAPE.is forever released from providing FAPE.

There is no “statue of limitation” on this There is no “statue of limitation” on this decision (i.e. the parent may have refused decision (i.e. the parent may have refused 12 years ago and the system is still released 12 years ago and the system is still released from FAPE).from FAPE).

Current State of Current State of Special EducationSpecial Education

SBR Math and Reading- Basic Skills SBR Math and Reading- Basic Skills Offering at Every Grade LevelOffering at Every Grade Level– Scottish RitesScottish Rites– Scientific Learning- Fast ForWordScientific Learning- Fast ForWord– Voyager Math and Reading ProgramsVoyager Math and Reading Programs

Inservice dates forthcomingInservice dates forthcoming

Current State ContinuedCurrent State Continued

Teacher AssignmentsTeacher Assignments Achievement Testing (Pre and Achievement Testing (Pre and

Post)Post)

Current State, ContinuedCurrent State, Continued

Case Management promoted with studentsCase Management promoted with students– i.e. Teacher A is assigned to 7i.e. Teacher A is assigned to 7thth and 8 and 8thth Grade Grade

students, will be assigned to 8students, will be assigned to 8thth and 9 and 9thth Grade students Grade students next year and 9next year and 9thth and 10 and 10thth grade students next year. grade students next year.

– This teacher will solely be responsible for their This teacher will solely be responsible for their consultation and collaborative services.consultation and collaborative services.

– This teacher will be solely responsible for their filesThis teacher will be solely responsible for their files– This teacher will be solely responsible for the SBR This teacher will be solely responsible for the SBR

math and reading classes.math and reading classes. Advantages:Advantages:

– Increased understanding of the student’s education need.Increased understanding of the student’s education need. AcademicAcademic BehavioralBehavioral VocationalVocational

– Increased rapport with home.Increased rapport with home.– Increased responsibility in regards to the maintenance of Increased responsibility in regards to the maintenance of

the IEP.the IEP.

88thth Grade Meeting Grade Meeting

Hold in conjunction with School’s Hold in conjunction with School’s 88thth Grade Parent Meeting. Grade Parent Meeting.

Collect Sign-in SheetCollect Sign-in Sheet– AL Diploma OptionsAL Diploma Options– Preparing for LifePreparing for Life– Transition Fact SheetTransition Fact Sheet– AODAOD– AHSGE Exception LawAHSGE Exception Law

1212thth Grade Exit IEP Grade Exit IEP

Summary of Academic Summary of Academic Achievement Achievement

AHSGE (include most recent AHSGE (include most recent resultsresults

AAAAAA

For the 2007-2008 school year, all For the 2007-2008 school year, all Alabama Alabama Extended Standards for READING, Extended Standards for READING, MATHEMATICS, and SCIENCE MATHEMATICS, and SCIENCE for the grade for the grade level of enrollment according to STI must be level of enrollment according to STI must be taught and progress must be monitored. taught and progress must be monitored.

In the Spring of 2008, the AAA will test the In the Spring of 2008, the AAA will test the Alabama extended standards in Reading for Alabama extended standards in Reading for Grades K-8 and 11; in Mathematics for Grades Grades K-8 and 11; in Mathematics for Grades 3-8 and 11; and in 3-8 and 11; and in Science for Grades 5, 7, Science for Grades 5, 7, and 11and 11. .

There is NOT a requirement for IEP Teams to There is NOT a requirement for IEP Teams to develop one goal for every extended standard.develop one goal for every extended standard.

Miscellaneous Miscellaneous

MEGA- July 9-13, 2007MEGA- July 9-13, 2007 AAA Collection- April 6, 2007AAA Collection- April 6, 2007 Teacher, Student and Parent Teacher, Student and Parent

SurveysSurveys Transition Planning AssessmentTransition Planning Assessment District WebsiteDistrict Website

– http://http://crenshawcounty.schoolinsites.com/crenshawcounty.schoolinsites.com/

We Can Make A We Can Make A DifferenceDifference

special education inservice february 19, 2007 1:00-3:00 pm

Documents

special education population

appropriate instruction

sbr interventions

students ld eligible

ld eligibility

highland school students

appropriate period

general education function