special education: navigating new dc policies the dc special education co-operative
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SPECIAL EDUCATION:NAVIGATING NEW DC POLICIESThe DC Special Education Co-operativewww.specialedcoop.org
OSSE Plays Catch-up
IDEA requires that states interpret the Federal law and develop state policies for their LEAs. http://idea.ed.gov
DC as the SEA, had not developed state level policies until recently.
Policy making process Policy is issued and placed on OSSE website
or the DC Register A public comment period opens (at least 30
days) A public hearing is scheduled OSSE considers comments and testimony OSSE revises or releases official policy
DC Special Education Co-operative
Navigating New DC Policies
Session ObjectivesParticipants will: Develop a basic understanding of new
and proposed OSSE policies Understand how policies will impact their
LEA Create an action plan for implementing
new policies at their LEA
Guidance on Non-discrimination March 2009 - OSSE releases guidance for LEAs
on prohibitions on discrimination against children with disabilities in the enrollment process.
Admission must be open to all students. Charter schools can not “counsel students out”
based on services that they don’t currently provide.
LEAs should ensure that application materials do not ask for information that could be used to discriminate.
Guidance on Non-discriminationAction items for LEAs: Review your LEA’s application Inform all school staff that handles the
enrollment process of this guidance
Least Restrictive Environment (LRE)
Policy Summary: In effect March 9, 2009 Federal mandate through IDEA that students with
disabilities (SWD) are educated in the least restrictive environment (LRE) (policy,p2)
DC does poorly (when compared to other states) in including SWD general education classrooms. Only 21% SWD are included for 80% or more of school day (58% nationally).
OSSE’s definition of inclusion: “an environment in which all children, including those with significant disabilities, have an equal opportunity to receive a high quality instruction in the general education classroom, to the maximum extent possible, with the necessary supplementary aids and services the child needs to be successful in the general education curriculum.” (policy, p3)
Least Restrictive Environment (LRE)Impact on LEAs: LEAs must offer a ‘continuum of alternate
placements’. LEA staff must be well versed in non-
discriminatory procedures for admission of SWD
OSSE will monitor LEAs on LRE. If LEAs are found noncompliant, they will be required to submit an Improvement Plan. Continued noncompliance may result in withholding of Part B funding.
Least Restrictive Environment (LRE)
Action Items for LEA: Put statement in writing to school
leader Create a plan for allowing special
educators and general educators time to collaborate
Schedule PD for teachers/staff about LRE and inclusive practices
Child Find
Policy Summary: Proposed 9/1/09 (not in effect) IDEA requires states to have a comprehensive child find
policy to identify children (birth to 21 years) who may have disabilities and be in need of special education and related services.
IDEA is divided into Part B (children ages 3-21) and Part C (birth - 2 years). Under Part B, each LEA must have procedures in place to identify, locate, and evaluate children ages 3-21 who reside in the District and may have disabilities and require special education.
These procedures should include public awareness activities and in school screenings.
Child Find also pertains to students who are home-schooled or attending private schools. DCPS is responsible for identifying those students.
Child Find
Impact on LEAs: LEAs need to meet the public awareness
requirement under this policy. LEAs should have a comprehensive
screening/intervention process. OSSE may conduct unannounced
monitoring to ensure LEA compliance with federal child find law.
Child Find
Action Items for LEAs: Review your LEA’s parent manual to see what it
says about Child Find. Create a brochure that explains your Child Find
procedures Train teachers so they are prepared to share your
child find procedures with parents at conferences Put your SST process on your website Create a poster about your SST and put it up in
your parent center, office, etc.
Initial Evaluation/Reevaluation Policy
Policy Summary: Proposed 7/31/2009 (not in effect) Clarifies the steps to determining
eligibility Establishes clear criteria for each
disability category under IDEA (policy p. 18)
Defines various assessment types Clarifies the timeline for evaluation
Initial Evaluation/ReevaluationImpact on LEAs: 120 day timeline is from written referral. If a parent fails to provide consent to evaluate
the LEA does not violate its child find obligations as long as multiple attempts were made to obtain consent. Additionally, the LEA is not required to pursue mediation/due process if the parent refuses consent.
Mental Retardation (MR) is now Intellectual Disability (ID).
When determining eligibility under Specific Learning Disability (SLD), Individual LEAs may choose to use either a discrepancy model or scientific researched based interventions model.
Initial Evaluation/Reevaluation
Impact on LEAs continued: Specific criteria for each disability category
must be met for students to be eligible for special education services.
Team members must be excused in writing from the IEP meeting.
Due in part to longstanding noncompliance with evaluation/reevaluation timelines, OSSE is under special conditions by the Dept of Ed OSEP. OSSE will be monitoring LEAs to ensure compliance with timelines.
Initial Evaluation/Reevaluation Action Items for the LEA:
Print out the policy and have it available for reference during meetings
Create internal deadlines (10 days to obtain consent, 45 days for testing)
Become familiar with eligibility criteria and assessments types
Share the eligibility criteria information with your related service providers and evaluators
Go to an EasyIEP training/request TA from OSSE
Placement
Policy Summary: Proposed July 31, 2009 (not in effect) “All children, including those with significant disabilities,
have an equal opportunity to receive high quality instruction in the general education classroom with the necessary supplementary aids and services” (policy, p2)
Defines continuum to include: “general education classes, special classes, special schools, home instruction, and instruction in hospitals and institutions…” (policy, p2)
LEA Charters must provide the full continuum. If they are unable to, they must notify OSSE prior to the IEP meeting. Those charters using DCPS for their special education LEA, must notify DCPS.
Transportation. The policy clarifies that “transportation is a related service” and that “not all children with disabilities are eligible to receive [it].” (policy, p 5)
Placement
Impact on LEAs: LEAs “must” have a continuum of services. LEAs must do a good job of documenting the
child’s need for a more restrictive placement. LEAs must have a good knowledge base for
determining and implementing appropriate strategies (eg. conducting FBAs and developing BIPs).
The policy, the way it is written, does not provide notification of location of placement to charters. LEAs will need to follow up with parents and/or OSSE to be current on this info.
Placement
Action Items for LEA: Analyze your current continuum of services. Plan with administrators for further development (options
for self-contained settings, etc.) Attend training on FBA/BIP Create a plan for implementing researched-based
interventions both in and outside of the general ed classroom
Develop a good data management system for tracking interventions and student progress (for students with disabilities)
Brief your administrative team on Federal guidelines for discipline for students with disabilities
Related Services
Policy Summary: Clarifies the provision of related services as
part of the IEP as specified in IDEA. LEAs are required to provide appropriate
related services in accordance with the IEP at no cost to the parent. The IEP team must determine what (if any) related services are needed for the student to benefit from special education.
The policy defines several types of related services, including transportation, but is not intended to be an exclusive list.
Related Services
Impact on LEAs: Transportation is defined as a related service
however, not all children with disabilities are eligible for transportation.
Eligibility for related services is based on 2 criteria: 1 student must have one of the disabilities and 2 because of the disability needs special education and related services.
When determining need for related services, the IEP team should consider educational impact as not only academic achievement, but also emotional development, social interaction, communication, and behavior.
Related Services
Impact on LEAs continued: If a child has SLI, Speech language services can be to
categorized as special education instead of a related service if the child is determined to need the specially designed instruction of speech language services.
When a service is missed because of provider's absence, the LEA must make up the missed service or have a substitute provider available.
If a child is absent for an extended period of time (truancy) or there is a pattern of repeated absences, the LEA must consult with parents and review the IEP to make sure the child is receiving FAPE.
Attempted and actual provision of related services must be documented by the LEA.
Related Services
Action Items for LEAs: Review the policy with related service
providers PD for related service providers on
documenting and making up missed sessions
Identify students who are missing services due to extended absences/truancy to determine if they are still receiving FAPE
Early Childhood Transition
Policy Summary: Proposed 9/17/2009 (not in effect) IDEA requires states to designate a lead agency who is
responsible for ensuring a smooth transition from the Part C program (services for children with disabilities ages birth – 2 years) to preschool.
OSSE’s DC Early Intervention Program is the lead agency for Part C and shoulders most of the responsibility for Early Childhood Transition, however, the receiving LEA maintains responsibility for providing FAPE beginning on the child’s 3rd birthday.
The policy outlines the process for transitioning students with disabilities from Part C programs to Part B programs.
Early Childhood Transition
Impact on LEA: LEAs serving preschool aged children must designate an
onsite staff person to participate in the transition activities and act as the primary contact for other agencies.
The LEA’s transition coordinator’s primary responsibility is to ensure that eligibility for Part B services is determined and, if necessary, an IEP developed.
The LEA must follow the procedures for initial eligibility and should consider Part C information as part of the decision.
Eligibility should be determined before the child’s 3rd birthday and the IEP must be in effect by that date. (LEA must invite the Part C representative to the eligibility meeting)
Early Childhood Transition
Impact on LEA continued: Regardless of timing, the LEA must implement
the existing IEP until a new IEP is developed. The LEA must collect and report data to OSSE
including: The date the LEA was notified of children exiting part C
services The date of transition conference The date of consent for evaluation Number of days after the child’s 3rd birthday that
services began and reasons for delay
Early Childhood Transition
Action Items for LEAs: Designate an early childhood transition
coordinator Gather background information from
families for enrolled 3 and 4 year olds to find out if they may have received part C services.
Secondary Transition
Policy Summary: Proposed 9/23/2009 (not in effect) IDEA and the DCMR require LEAs to
‘adequately prepare students with disabilities for postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, … community participation.” (policy, p1)
Secondary Transition
Impact on LEA: LEAs must have staff person who fully understands transition requirements and can assist LEA to implement
Secondary Transition
Action Items for LEAs: Identify a transition coordinator and
make sure that person understands his/her responsibilities under the state policy
State Complaints
IDEA mandates that the state (OSSE) adopt and implement procedures for investigating any complaint alleging that a public agency (LEA) has violated IDEA.
State Complaints
Procedure: Complaints can address (but are not limited to) the following
areas: identification, evaluation, educational placement, failure to implement a Hearing Officer Decision (HOD) or Settlement Agreement (SA).
The State Complaint Office (SCO) has a maximum of 60 days after the complaint is filed to investigate the allegation(s) and issue a written decision (policy, p4).
Complainants must forward a copy of the complaint to the LEA “at the same time” it is submitted to the SCO. Complaints must address issues that are not more than one year old.
If the SCO determines that an investigation will not be conducted, a copy notification sent to the complainant will be sent to the LEA.
If the SCO decides to investigate, it will: send a copy of the complaint to the LEA and request a written response to the alleged violations (along with supporting documentation).
State Complaints
Procedure, continued… The LEA must respond within 10 days of receipt of the
complaint.The LEA must sent a copy of the response to the complainant (as well as the parent of the student, if he/she is not the complainant). LEAs can request, in writing an extension if they use the time to resolve the complaint with the complainant.
Early Resolution: If the parties are able to resolve the complaint within 60days after its submission, the SCO will close the case without issuing a decision.
Final Decision: Within 60 days of filing the complaint, the SCO will issue and send a determination regarding the complaint. Within this decision, corrective action(s) may be ordered by the SCO. These may include, but are not limited to: requiring the LEA to access training and technical assistance from OSSE or another public agency, requiring the LEA to develop a corrective action plan. The SCO may continue to monitor the LEA ‘and request additional action to ensure full compliance with the federal and state regulations” (policy, p8).
State Complaints
Action Items for LEAs: Get access to the Blackman-Jones
database Contact the state complaints office and
update your contact information regularly Communicate with office staff so they
know to notify you when the state complaint office contacts your school
Analyze relationships with parents and develop a plan to improve communication
Additional Policies
HODs (Hearing Officer Determination) Issued in July, but has been removed from
OSSE website
IDEA Part C (birth through age 2 years) Does not impact most LEAs
