Special School District (SSD) and BESE Special Schools

CHAPTER 4CHAPTER 4§801§801

Special School District (SSD)Special School District (SSD) and and

BESE Special SchoolsBESE Special Schools

CHAPTER 5

Procedural SafeguardsProcedural Safeguards

OOptions for Dispute ptions for Dispute ResolutionResolution

FFamiliar Approaches to Resolving Conflictsamiliar Approaches to Resolving Conflicts

AA

BB..

How AboutHow About TThese?hese?

A.A.

BB..

This presentation looks at…This presentation looks at…

Informal Complaints-ERPFormal State complaintsState Neutral IEP FacilitationMediationRDPHsResolution processDue process hearingsExpedited due process Hearings in disciplinary situationsOther hearings

Louisiana’s options for dispute resolutionLouisiana’s options for dispute resolution

PProcedural Safeguards Noticerocedural Safeguards Notice

Is a comprehensive written explanation of procedural safeguards available to parents of a child with a disability

Must be provided to parents once per school year

Must also be given to parents under specific conditions §530(h)

EExamples of xamples of IInformal Approachesnformal Approaches

IEP reviewDistrict level IEP FacilitationDistrict level ERP

EExamples of xamples of IInformal Approachesnformal Approaches

State neutral IEP Facilitation

Individual education plan facilitationIndividual education plan facilitation- an alternative - an alternative dispute resolution method developed by the LDE. This dispute resolution method developed by the LDE. This option is available to parents and school districts option is available to parents and school districts when both agree that it would be valuable to have a when both agree that it would be valuable to have a neutral person (IEP Facilitator) present at an IEP neutral person (IEP Facilitator) present at an IEP meeting to assist them in discussing issues regarding meeting to assist them in discussing issues regarding an IEP. The role of the IEP Facilitator is to assist in an IEP. The role of the IEP Facilitator is to assist in creating an atmosphere for fair communication and creating an atmosphere for fair communication and the successful drafting of an IEP for the student. the successful drafting of an IEP for the student. Either parent or district can request IEP Facilitation; Either parent or district can request IEP Facilitation; however, since the process is voluntary, both sides however, since the process is voluntary, both sides shall agree to participate in the IEP facilitation shall agree to participate in the IEP facilitation process. Like mediation, the IEP facilitation is initiated process. Like mediation, the IEP facilitation is initiated by request to the LDE, and is at no cost to the parents by request to the LDE, and is at no cost to the parents or districts. or districts. §905.§905.

Informal Administrative Informal Administrative ComplaintsComplaints

•District level resolution

Produced by NICHCY, 2007Produced by NICHCY, 2007

MMediationediation

• Description

• Benefits

• Procedures

• SEA’s obligations

• Confidentiality of discussions

• Enforcement of written agreement

Produced by NICHCY, 2007Produced by NICHCY, 2007

CADRE makes available a number of useful

resources on participating in mediation,

including:suggestions on how to prepare for a mediation

sessionwww.directionservice.org/cadre/preparing.cfm

sample “ground rules” for

mediationwww.directionservice.org/cadre/grs.cfm

Request for Due Process Request for Due Process §508 §508

• What is a “Request for due Process Hearing?

• Who may file one?

• Are there time limits?

• What information must be included?

• What if it’s not included?

• How does an LEA respond?

Produced by NICHCY, 2007Produced by NICHCY, 2007

BBrain on overload?rain on overload? TTime to download.ime to download.

AAnd stretch nd stretch a bit.a bit.

HHow ‘bout we stand ow ‘bout we stand up?up?

AAnd sit back down, nd sit back down, refreshed.refreshed.

Produced by NICHCY, 2007Produced by NICHCY, 2007

RReach for the sky.each for the sky.

RResolution Processesolution Process

•Description

•Benefits

•Procedures

•LEA’s obligations

•Timelines

•Enforcement ofwritten agreement

Produced by NICHCY, 2007Produced by NICHCY, 2007

§510

DDue Process Hearingsue Process Hearings

What happens there?

What are the

timelines?

What rights do the parties have?

Produced by NICHCY, 2007Produced by NICHCY, 2007

§511

DDue Process Hearingsue Process Hearings

Qualifications of Hearing Officer

§511 C

DDue Process Hearingsue Process Hearings

Standard for Hearing Officer’s Decision

Appealing a Hearing Officer’s Decision

Produced by NICHCY, 2007Produced by NICHCY, 2007

§513(a)

DDue Processue Process

Attorneys’ Fees

Produced by NICHCY, 2007Produced by NICHCY, 2007

§517

DDue Processue Process

What is the child’s placement until

completion of the due process proceedings?

Produced by NICHCY, 2007Produced by NICHCY, 2007

§518

DDue Processue Process

SSpecial Rules for Due Process Hearings pecial Rules for Due Process Hearings in Disciplinary Situationsin Disciplinary Situations

Produced by NICHCY, 2007Produced by NICHCY, 2007

§532

DDue Processue Process

OOne More ne More HearingHearing

When a Child with a When a Child with a Disability is Disability is Unilaterally Placed at a Unilaterally Placed at a Private School Private School

andand

Tuition Tuition Reimbursement is Reimbursement is

at Issueat Issue

Produced by NICHCY, 2007Produced by NICHCY, 2007

§148

DisciplineDiscipline

Section 530 - 537

Key Issues in Key Issues in DisciplineDiscipline

Bulletin 1706(proposed)Bulletin 1706(proposed)

Produced by NICHCY, 2007Produced by NICHCY, 2007

This Presentation looks atThis Presentation looks at......

• Overview of discipline Overview of discipline provisions in proposed provisions in proposed bulletin 1706bulletin 1706

• What’s retained, what’s What’s retained, what’s expanded, what’s newexpanded, what’s new

• Case studiesCase studies

Produced by NICHCY, 2007Produced by NICHCY, 2007

Preview of Bulletin 1706 Discipline ProvisionsPreview of Bulletin 1706 Discipline Provisions

• Authority of school personnelAuthority of school personnel

• Manifestation determinationManifestation determination

• Services provisionsServices provisions

• Interim alternative educational setting (IAES)Interim alternative educational setting (IAES)

• AppealsAppeals

• Child’s placement during appealsChild’s placement during appeals

• Protections for children not determined eligible for special education and related Protections for children not determined eligible for special education and related servicesservices

• Change of placement because of disciplinary removals Change of placement because of disciplinary removals

• Additional aspectsAdditional aspects

Produced by NICHCY, 2007Produced by NICHCY, 2007

Authority of School PersonnelAuthority of School Personnel

Child violates a code of student conductChild violates a code of student conduct

Produced by NICHCY, 2007Produced by NICHCY, 2007

§530B1

AAuthority of School Personneluthority of School Personnel

What happens if the child violates a code of student conduct again?

Produced by NICHCY, 2007Produced by NICHCY, 2007

§530B1

AAuthority of School Personneluthority of School Personnel

And on the 11th day…

Produced by NICHCY, 2007Produced by NICHCY, 2007

§530

Refining “Change of Placement”Refining “Change of Placement”

Produced by NICHCY, 2007Produced by NICHCY, 2007

§536

Parent Notification Requirements: §530(h)Parent Notification Requirements: §530(h)

On the Date on which the decision is made

to make a removal that constitutes a change of placement of a child with a disability because of a violation of

a code of student conduct…

The LEA must: • notify the parents of that

decision, and • provide the parents the

procedural safeguards noticeProduced by NICHCY, 2007Produced by NICHCY, 2007

AAuthority of School Personneluthority of School Personnel

Case-by-Case-by-CaseCase

New Authority

School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability

§530A

Produced by NICHCY, 2007Produced by NICHCY, 2007

AAuthority of School Personneluthority of School Personnel

Special Circumstances

Produced by NICHCY, 2007Produced by NICHCY, 2007

§530G

MManifestation Determinationanifestation Determination

New Standards in Bulletin 1706

§530E

MManifestation Determinationanifestation Determination

If Yes----

Produced by NICHCY, 2007Produced by NICHCY, 2007

§530F

MManifestation Determinationanifestation Determination

If No–– (Determination is that behavior is not a manifestation)

Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply

* Child continues to receive services as described in 530 D

Produced by NICHCY, 2007Produced by NICHCY, 2007

Produced by NICHCY, 2007Produced by NICHCY, 2007

WWhenhen Services Are Required Under §530 DServices Are Required Under §530 D

How is the services determination

made?

Where will the child

receive those services?

Who decides?Produced by NICHCY, 2007Produced by NICHCY, 2007

AppealsAppeals

Requesting an appeal…

No, not that kind of peel!

Yes, that kind!

Produced by NICHCY, 2007Produced by NICHCY, 2007

§532

Appeals: Authority of Hearing OfficerAppeals: Authority of Hearing Officer

Hearing officer makes

determination on the appeal on an expedited basis

Produced by NICHCY, 2007Produced by NICHCY, 2007

§532B

Child’s Placement During AppealsChild’s Placement During Appeals

Here—

Or there?

Produced by NICHCY, 2007Produced by NICHCY, 2007

§533

Basis Basis of Knowledgeof Knowledge

PProtections rotections at §534at §534

&&

Produced by NICHCY, 2007Produced by NICHCY, 2007

Final AspectFinal Aspect

Reporting crimes Reporting crimes committed committed by children with by children with disabilitiesdisabilities

Produced by NICHCY, 2007Produced by NICHCY, 2007

§535

Putting It All TogetherPutting It All Together

Edward.

Liz.

Charlie.

Produced by NICHCY, 2007Produced by NICHCY, 2007

Chapter 6Chapter 6

Monitoring, Enforcement, Monitoring, Enforcement, Confidentiality, and Program Confidentiality, and Program

InformationInformation

1.1. State monitoring and enforcement authorizationsState monitoring and enforcement authorizationsa.a. Improving educational results and functional Improving educational results and functional outcomes outcomes for children with disabilities.for children with disabilities.b.b. Ensure public agencies meet program Ensure public agencies meet program requirementrequirement

2.2. Measure performance of public agencies in the priority areas and on Measure performance of public agencies in the priority areas and on the indicators established by the secretary using quantifiable the indicators established by the secretary using quantifiable indicators and qualitative indicators.indicators and qualitative indicators.

3.3. Monitor LEAs using quantifiable indicators in the priority areas.Monitor LEAs using quantifiable indicators in the priority areas.a.a. Provision of FAPE in LREProvision of FAPE in LREb.b. State exercise of general supervisionState exercise of general supervisionc.c. Disproportionate representation of racial and ethnic Disproportionate representation of racial and ethnic groups in groups in special education and related services to the extent special education and related services to the extent the the representation is the result of inappropriate representation is the result of inappropriate identificationidentification

§601 State Monitoring and Enforcement

Bulletin 1706Bulletin 1706 Chapter 6Chapter 6§602§602. . SState Performance Plans and Data Collectiontate Performance Plans and Data Collection

§603.§603. State use of Targets and ReportingState use of Targets and Reporting§604§604.. LDE’s Review, Determination, and LDE’s Review, Determination, and

Enforcement Enforcement regarding LEA Performanceregarding LEA Performance A.A. ReviewReview B.B. DeterminationDetermination

1.1. meets requirementsmeets requirements2.2. needs assistanceneeds assistance3.3. needs interventionsneeds interventions4.4. needs substantial intervention needs substantial intervention

Bulletin 1706Bulletin 1706Chapter 6Chapter 6§605§605.. State EnforcementState Enforcement

Needs AssistanceNeeds AssistanceNeeds InterventionsNeeds InterventionsNeeds substantial InterventionNeeds substantial Intervention

§606§606. . Withholding FundsWithholding FundsOpportunity for a hearingOpportunity for a hearingSuspensionSuspensionNature of withholdingNature of withholding

§607§607 ReservedReserved

§§608. 608. Secretary’s Review, Determination, and Secretary’s Review, Determination, and Enforcement regarding State PerformanceEnforcement regarding State Performance

See 34CFR 300.603 through 607 and 610See 34CFR 300.603 through 607 and 610

§609§609.. ReservedReserved

§610§610.. ReservedReserved

Subchapter B.-Confidentiality of Subchapter B.-Confidentiality of InformationInformation

§§611.611. Definitions as used in 611-625Definitions as used in 611-625A. DestructionA. DestructionB. Education RecordsB. Education RecordsC. Participating AgencyC. Participating Agency

§§ 612-625 . §§ 612-625 . Procedures and actionsProcedures and actions required to required to ensure the protection of the confidentiality of any ensure the protection of the confidentiality of any personally identifiable data, information, and personally identifiable data, information, and records colleted or maintained by the Secretary ,by records colleted or maintained by the Secretary ,by SEAs and LEAs pursuant to Part B of the Act, and SEAs and LEAs pursuant to Part B of the Act, and consistent with 34CFR 300.611- 300.627.consistent with 34CFR 300.611- 300.627.

Bulletin 1706Bulletin 1706Chapter 6Chapter 6

§646.§646. DisproportionalityDisproportionality

AA. General- Collect and examine data to determine significant . General- Collect and examine data to determine significant disproportionality based on race and ethnicity in the state and LEA’s disproportionality based on race and ethnicity in the state and LEA’s of the state.of the state.

1. identification of students as students with disabilities1. identification of students as students with disabilities2. the placement in particular educational settings2. the placement in particular educational settings3. the incidence, duration, and type of disciplinary actions, 3. the incidence, duration, and type of disciplinary actions,

including suspensions and expulsionsincluding suspensions and expulsions

B.B. Review and revision of policies, practices and procedures: Review and revision of policies, practices and procedures:1. Provide for review, if appropriate, revision of the policies 1. Provide for review, if appropriate, revision of the policies procedures and practices used in the identification or procedures and practices used in the identification or

placement.placement.2. Require early intervening services to student in the LEA, 2. Require early intervening services to student in the LEA,

particularly but not exclusively, students in particularly but not exclusively, students in those groups that were those groups that were significantly over-identified. significantly over-identified.

3. Require the LEA to publicly report on the revision of 3. Require the LEA to publicly report on the revision of policies, policies, practices, and procedures. practices, and procedures.

§626. Enforcement

Chapter 7Chapter 7

Authorization, Allotment, Use of Authorization, Allotment, Use of Funds, and Authorization of Funds, and Authorization of

AppropriationsAppropriations

§701 §701 Grants to StatesGrants to States

§§702-703 §§702-703 ReservedReserved

§704 §704 State Level Activities State Level Activities State AdministrationState Administration Other State Level ActivitiesOther State Level Activities Local Education Agency High Cost FundLocal Education Agency High Cost Fund

§705 §705 Subgrants to LEAsSubgrants to LEAs

A.A. Subgrants Subgrants RequiredRequired

B.B. Allocations to LEAsAllocations to LEAs

C.C. Reallocations of Reallocations of fundsfunds

§§706-716 §§706-716 ReservedReserved

§717. §717. Definitions Applicable to Allotments, Grants, and Definitions Applicable to Allotments, Grants, and Use of FundsUse of Funds

§718. §718. Acquisition of Equipment and Construction or Acquisition of Equipment and Construction or Alteration of FacilitiesAlteration of FacilitiesA.A. General- Requires Secretary ApprovalGeneral- Requires Secretary ApprovalB.B. Compliance with certain regulationsCompliance with certain regulations

1.1. ADA Accessibility StandardsADA Accessibility Standards2.2. Uniform Accessibility StandardsUniform Accessibility Standards

§§719-799 §§719-799 ReservedReserved

CHAPTER 8CHAPTER 8§801§801

EASIEST SECTION IN 1706EASIEST SECTION IN 1706 PRESCHOOL GOVERNED BY ALL OF PRESCHOOL GOVERNED BY ALL OF

IDEA REGULATIONSIDEA REGULATIONS

§819 INTERAGENCY §819 INTERAGENCY AGREEMENTSAGREEMENTS

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HOSPITALSHOSPITALS

PLACED IN REGULATIONS IN PLACED IN REGULATIONS IN LIEU OF AN INTERAGENCY LIEU OF AN INTERAGENCY AGREEMENTAGREEMENT

NO REAL CHANGES IN THIS NO REAL CHANGES IN THIS SECTIONSECTION

CHAPTER 9CHAPTER 9

ApplicabilityApplicability All political subdivisions of the State All political subdivisions of the State

involved in education of students involved in education of students with disabilitieswith disabilities

Includes charter schools, educational Includes charter schools, educational service agencies (SSD)service agencies (SSD)

Other State AgenciesOther State Agencies

DEFINITIONSDEFINITIONS

References to other sections of 1706 References to other sections of 1706 used where appropriate (Social work used where appropriate (Social work services in schools—see Related services in schools—see Related services)services)

Follow federal language and orderFollow federal language and order

WHERE DO WE GO NOW?WHERE DO WE GO NOW?

Approved by BESE in Approved by BESE in September or OctoberSeptember or October

Must be in compliance with Must be in compliance with IDEA 2004IDEA 2004Memo will be sent to Memo will be sent to

LEAsLEAs

TA DA •Thank you!

• Janice Fruge’• Sheila Sprouse• Robert Howerton• Presenters• Task Force• Reviewers

Langiappe

ESY Update Web-based Progress Reports Staff Changes IDEA Issues And MORE!!!!

STAFF CHANGES

Phone List Reading and Literacy now in Literacy

and Numeracy Textbooks Moved to Curriculum and

Instruction Evelyn Johnson-Egrant Phyllis Butler-speech, dyslexia, 504

IDEA ISSUES Grant Award Received; approx. 2

million additional; 25% of funds Rest of funds October 1 SPP/APR-needs assistance LEA Determinations tentative before

school begins Alternate Diploma-report to BESE in

August; discussions occurring

more

New monitoring schedule out soon; coordinated with NCLB

World class special education group meeting in November

Quarterly Updates Cancelled for August 1 October 31

more February 2009-Larry Gloeckler present

(tentative)