SPECIAL EDUCATION PRIMER:

WHAT YOU NEED TO KNOW AND DIDN'T KNOW YOU

NEEDED TO ASK

Heidi ZimmermanMay 13, 2015

• Summary of the IEP Process1

• Tour of the IEP Document2

• Why IEPs matter so much and impact the budget

3

Today’s Agenda

• Special Education Procurements4

• Special Education Transportation5

• Caseload & Service Delivery Models6

Today’s Agenda

• Extended School Year (ESY)7

• Parent Relations & Parent Advisory Committees (PACs)

8

Today’s Agenda

Learning Objectives: You will• Know the basic IEP

terminology and process

• Be familiar with the IEP document

• Understand how IEPS can impact budget– Special Education Procurements– Special Education

Transportation – Caseload & staffing– Extended School Year– Parent Relations

• Summary of the IEP Process1

IEP Process

• Referral by– District Staff: Teacher– Parent

• Consent

• Initial Evaluation– Involves testing

• Eligibility determination

IEP Process Summary• If Eligible, IEP is drafted

(services &/or placement)• IEP is – accepted– rejected (stay put)– partially accepted/rejected

• Annual evaluation• Re-evaluation every

three years

IEP Process Flowchart

IEP Timeline Compliance

• Tour of the IEP Document2

DESE IEP DOCUMENT

• Parent &/or Student Concerns• Student Strengths & Key Evaluation Results summary• Vision Statement• Present Levels of Educational Performance – PLEP A: general curriculum– PLEP B: other educational needs

• Current Performance Levels/Measurable Annual Goals

DESE IEP DOCUMENT• Service Delivery Grid– Grid A- Consult– Grid B- Direct service in general classroom– Grid C- Direct service in other settings

• Non participation Justification• Schedule Modification• Transportation Services• State/District Wide Assessment• Additional Information• Response Section

• Placement Page

Other useful DESE links

• Special Education: Technical Assistance Documents

• Parent Information

• Disability Definitions & related Links

• Why IEPs matter so much and impact the budget

3

The IEP Document

• Is a contract between the Parent’s and the District

• Commits time, money and/or staff

• Is binding and can be changed by– amendment – new IEP– separate agreement (settlement)

Impact to the Budget

• Staffing needs

• Staffing Levels

• Program needs

Placement & Tuitions

• District-wide programs

• Out-of District Tuitions– Collaboratives

• Member• Non-member

– OSD approved schools• In-State• Out-of-state

– Non-approved programs

Placement & Tuitions

• Extra costs above tuition: Some OOD schools and collaboratives charge extra

• Examples include– for extra reading/math support– home services– related services: OT, OT, SW– bus monitors– 1:1 paraprofessionals– Extended School Year

You don’t want any surprises

• Unilateral Placements: -Parent(s) select, place and pay for student to attend a private school

• Settlements

• Mediations

You don’t want any surprises

• Bureau of Special Education Appeals– Provides facilitators for IEP Team Meetings, Conducts

mediations, provides advisory opinions and due process hearings

– Tries to resolve disputes between parents, school districts, private schools and state agencies

– Authority is derived from federal and state laws and regulations– Division of the Administrative Law Appeals– Comprised of 7 hearing officers (attorneys), 7 impartial

mediators and various support staff

• Federal/State lawsuit

• Special Education Procurements4

Today’s Agenda

Special Education Procurements

• Consulting/Professional services

• Supplies

• Technology

• M.G.L. c. 30B §1(b)(8) an agreement for the provision of special education pursuant to M.G.L. c.71B and regulation promulgated pursuant thereto

• Just because the Special Education/Student Services Department is buying it doesn’t mean it is automatically exempt.

Exemptions

The OIG 30B Manual states:

• This exemption applies to direct services delivered to children with special needs, such as transportation, counseling or education under an individual education program, as well as to any supplies used by children with special needs as part of an individual education program. Other supplies and services, however, are not exempt simply because they are procured by the special education department. For example, office supplies or computers to be used for office administration would not fall under this exemption.

• M.G.L. C. 30B §1(b)(8) applies if in a student’s IEP

Exemptions

Analyze the situation:• Would I competitively buy this if I were

buying it for general education?

• Are the multiple sources for the item?

• What is the dollar amount for this purchase and future anticipated exemptions?

• How can I ensure I am getting a good deal? - The fleecing of student services/special education

Does an exemption apply to … and if so, is it in my best interest to apply it?

• Special Education Transportation5

Today’s Agenda

Special Education Transportation

In-District • Geo-coded schools

• Placement at district-wide programs– Cost related to students attending

their non geo-coded schools– Pay special attention to transition

years

• After-school activities: access issues

Special Education Transportation

Out-of-District • Residential Placements– Transport home on

weekends/holidays?

• Day/Collaborative placements

• Assessments, extended evaluations

Special Education Transportation: In-District

• Field trip/overnights

• ESY (Summer School/Services)– Consolidate locations– Share costs with other

summer programs– Obligation to provide?– Off-site locations

Special Education Transportation Procurement method• No Bid- exempt

• Your own process: Bid, quotes, sound business practice

• Collaborative bid-Saves time-Saves money-Maintains/improves quality

Parental Transportation Reimbursement

• If District offers and parent declines, no obligation to reimburse

• Reference 603 CMR 28.07(6): If a parent provides transportation to an eligible student … the school district shall reimburse …the prevailing rate per mile for state employees. Reimbursement shall be for no more than the round-trip distance between the home and the school for school attendance and school-sponsored extracurricular activities. Mileage shall be determined based on a direct route between the student's home and school. No parent shall be obligated to provide such transportation.

Parental Transportation Reimbursement

• Offer reimbursement if it’s advantageous– currently $0.45– DESE Mileage reimbursement memo

• Evaluate reimbursement arrangements yearly

• Settlement agreements may require different reimbursement

• Caseload & Service Delivery Models6

Today’s Agenda

Caseload & Service Delivery Models

• The service grids drive staffing levels• Direct Service– 1:1, Small group (2-4), Large group

(5+)– How and who determines service

delivery model is really important – Factors include:

• How many special education students are in the general education/sub-separate classrooms

• What is the level of need/support for student(s)

• How many paraprofessionals are supporting the classroom/group?

Caseload & Service Delivery Models

• Work that is not direct service– Team meetingsProgress reports– Evaluations– Consult time

• School master schedules impacts – Some blocks off limits?– Are special education students

scheduled first rather than last? – Who does and how well scheduling

is done matters

Workload ≠ Caseload• Caseload is the number of students

• Workload is how many hours spent working

• Not all students are equal

• Some students require little services/less work while others require intensive direct services and many hours of indirect work

Caseload & Service Delivery Models

Caseload & Service Delivery Models

• Need way to obtain/track caseloads & workload for budgets etc

– How many students require paraprofessional support?

– How many paraprofessional staff hours are needed for a particular school/program/district?

Caseload & Service Delivery Models

• Eligibility/Entrance/Exit Criteria– Varies school to school, between staff in one school

Caseload and Service Delivery ModelsIn house-staff vs. consultants

• Efficiencies can be gained if you have the workload

• Better quality/service and may be cost neutral or reduction

• Better coordination/support for students, teachers and, parents

• More control

• Extended School Year (ESY)7

Today’s Agenda

Extended School Year (ESY)

• Purpose of ESY is to prevent regression

• Regression Determination: data collection before & after vacations including summer

• May cross fiscal years

Extended School Year (ESY)

Ask Special Education Director for a detailed budget which includes:

• Staffing• Materials• Program descriptions• Number of students expected to attend• Transportation• Field trips

• Parent Relations & Special Educations Parent Advisory Committees (PACs)

8

Today’s Agenda

Parent Relations & SPED PACS• Good working relationships with between families and district staff

are essential

• Parents need to perceive they have been heard

• Good listening, understanding ,and compassionate behavior can save money time and expensive legal fees

• People can agree to disagree in a professional and respectful manner

• Doing the above doesn’t mean parents or staff will always get what they want or what they ask for, but if done properly ,the team process will determine and will offer what a student needs

• Settlements sometimes require compromise, which even if difficult, can be cost effective for a district in the short or long term

Parent Relations & SPED PACS• Special Education Parent Advisory

Council (PAC) required by MA law

• A public body established by a School Committee

• Subject to Open Meeting & and Public Records laws

• Needs to have by-laws, officers and operation procedures

Parent Relations & SPED PACS

• SPED PAC has advisory and participatory function

• Duties include but not limited to: – Advising district on educational and safety matters– Regularly meet with District staff to plan, develop,

review and evaluate districts sped programs – Offer at least one workshop annually on

student/parental rights

Parent Relations & SPED PACS• Subject to availability of staff and

resources, and with reasonable notice, District must support SPED PAC with free assistance

• DESE guidance for SPED PACS • (March 2010)

• Administrative Advisory SPED 2015-1: SPED PACS, Acceptable Alternatives & the use of Social Media

Parent Relations & SPED PACS• SPED PACs may do public fundraising

(i.e. dues)– Subject to laws/regs governing gifts/ grants to

School committee– School holds funds ins district/municipal account– Must report funds on EOY financial report

• SPED PACS may do private fundraising BUT– Must be private, separate entity (SPED PTA/PTO

or Friends of SPED PAC)– Can’t co-mingle funds

QUESTIONS?