Ennis, Roberts and Fischer Legal Updates Restraint and Seclusion Schools must adopt Policies which are in place for the 2013-14 school year. ODE presented a Model Policy in January 2013 ODE requires the district adopted policy to be “consistent” with ODEs model policy. ERF has modified ODEs Policy based on what is required in the administrative code and a recent case law (Greene district). The modified version takes out unnecessarily language that “waters down the important language and is stated elsewhere”. Important considerations: Seclusion = involuntary isolation of a student, from which the student is prevented from leaving by physical restraint, closed door, or other physical barrier. VS. Timeout = student for a limited time is separated from the class in a non-locked setting for the purpose of self-regulation. The student is not physically restrained or prevented from leaving by physical barriers. (i.e. student asks to go to “calming room” and is not prevented from leaving) If not isolated (with service providers in room) – then it probably is a service vs. seclusion
Importance of training – Restraint and seclusion should never be used for punishment or discipline Should only be used after trying all other strategies/last resort Effective de-escalation is highly individualized Consider forming a team to serve as a physical intervention team with special training (always better to implement restraints in presence of other staff if possible) Balance between LRE and lowering restraint and seclusion instances Be very clear in IEP if child benefits from therapeutic restraints, need safety related restraints (i.e. Vehicle harness) Importance of informing parents (both of balance and when restraints or seclusion was needed)- Sample document from Winton Woods (Patty Darcy) There are exceptions for emergency situations – (i.e. the student is running towards a car, have anyone tackle them if they are trained or not!)
Winton Woods Sample Restraint/Seclusion How are you documenting this in your districts? How are you informing parents? How do you document? Do you document restraint =1, seclusion =1 (2 or 1 total) *WW Sample Doc on SST 13 Regional Task Force Site
SST PBIS School wide Team Trainings for Region 13
Ennis, Roberts and Fischer Legal Updates HB 59: Ohio Budget Bill - Signed June 30 th and takes effect July 1, 2013- Driven by accountability Funding: Increases per student funding (2014 = $5745; 2015 = $5800) In addition to funds based on districts property wealth and residents incomes- schools will receive funds according to needs of students. “Targeted investments” those needing more assistance include: SWDs, ELL, Grades K-3 needing literacy instruction, poverty and gifted. (NOTE: this money will follow the student). Increases funding for most “at-risk” children in quality early childhood education programs.
Financial Reporting Requirements – for BOTH district and building level, and to break down expenditures by classroom and non classroom purposes by categories of targeted students(this is a change) Increased funding for special ed preschool programs (2014= $103 million, 2015= $105 million) – replaces unit funding District responsible for tuition of child placed in residential treatment pay the tuition to the provider directly, then can apply for ODE reimbursement. Cannot include the student in districts ADM.
Ennis, Roberts and Fischer Legal Updates HB 59: Ohio Budget Bill ADM: Calculated by counts in October, March and June (used to just be October) Student may be withdrawn if: receive documentation of parents terminating enrollment, receive documentation from another district indicating students enrollment, student has not received an excused absence for 105 continuous hours, student ceases to participate in learning opportunities (??? What this one means) Professional Development: Human trafficking content is now needed in in-service training (with child abuse, safety and violence protection, substance abuse and positive youth development) – for every nurse, teacher, counselor, school psychologist or administrator – at least 4 hrs. within the first 2 years of employment and every 5 years thereafter.
Student Transportation: New formula (using state share index vs. state share percentage) No longer part of main funding formula – no longer part of main formulas guarantee or cap Includes formula payments for students transported by means other than school bus service Provides supplement for low wealth and low density districts Provides funding for reimbursement of special education transportation costs and for reimbursement to districts that pay parents in lieu of providing transportation. Transportation funding now must be reported through EMIS Straight A Fund/Grant One time grant for new improvements/innovation to improve student achievement $5 million cap for individual entities and $15 million for educational consortia Deadline October 25th
Ennis, Roberts and Fischer Legal Updates Extracurricular Activities for Non-Public School Students (3313.5312): Requires public schools (DOR) to provide participation in extracurricular activities for students enrolled in non public schools, community schools and students receiving home schooling To participate, a student of home instruction must: Be of appropriate age and grade level, Be able to meet the same nonacademic and financial requirements as any other participants, AND Fulfill one of the following: If the student received home instruction in the preceding grading period, student must meet any academic requirements established by the state board of ed for continuation of home instruction, or If the student did not receive home instruction in the preceding grading period, the students academic performance during the preceding grading period shall have met any academic standards for eligibility to participate in the program established by the district DOR: a student enrolled in non public school must be allowed to participate in an extracurricular activity that is not available at the nonpublic school but is available at the public school to which the student would have been assigned Any Other District: may afford any student enrolled in a nonpublic school who is not otherwise entitled to attend school in the district, the opportunity to participate in an extracurricular activity offered by a school of the district, but only if both of the following apply: 1) non public school does not offer the activity and 2) activity is not interscholastic athletics or interscholastic contests or competition in music, drama or forensics.
Minimum School Year: Beginning in school year 2014-15 – requirement changed from “days” to “hours” – (which doesn’t include extracurricular or lunch time): 455 hours for half day kindergarten 910 hours for full day kindergarten and grades 1-6 1100 hours form grades 7-12 Hours include: 2 days/year for parent-teacher conferences, and 2 days/year for professional development of teachers. Recess for Grades K-6 not to exceed 15 minutes
Ennis, Roberts and Fischer Legal Updates Accountability for Subgroups: Requires analyzing subgroups performance (Those “targeted investments”) If the district does not meet ODEs requirements of satisfactory progress for a subgroup – they must submit an improvement plan to ODE, ODE can require partnering with another entity for services. State Board of Ed. must establish measures of satisfactory achievement and progress by December 31, 2014 Requires ODE to use the measures established to measure progress for subgroups by September 1, 2015 and annually thereafter.
Teacher Evaluations: Student Growth Measurement (SGM)rating percentage is still 50% Attendance data for exclusion of student data changed from 60 + unexcused absences to 45+ unexcused absences Changed performance rating language of “proficient” to “skilled”
Ennis, Roberts and Fischer Legal Updates HB 21: 3 rd Grade Reading Guarantee Becomes effective 90 days from June 4, 2013 Exempted Students include: Students with significant cognitive disabilities, students with other disabilities as approved by ODE on a case-by-case basis, ESL who have been enrolled in the US less than 3 years (change from 2 years). Requires teachers to have 1 year teaching experience (change from 3) Requires failing districts – (60% fail, D/F on report card) to submit a reading improvement plan to ODE Beginning July 2017 – all applicants for educators license from grades pre-K to 9 th grade must pass an exam aligned with required reading competencies (sets guidelines for higher ed to align their reading endorsement programs with reading competencies)
Recent Clarifications on Compliance Issues Documentation of Parent Concerns Create agendas for meetings including an area for parents concerns Meeting notes Consider developing a planning form for parents to organize their thoughts in advance. (i.e. CPS Parent input form)
More Clarifications… Documentation of “consideration” of outside evaluation If going through Evaluation: ETR – individual part A – what outside agency found data that you have that refutes or confirms/why you agree/disagree with the outside agency conclusions PR-01 Documenting your consideration of outside evaluation, data showing that you agree with conclusions and will move forward with an evaluation Documenting your consideration of outside evaluation, data showing that you disagree with conclusions and why, and will not be moving forward with an evaluation Help frustrated parents find counsel, assistance…SST (Sharon Rieke), Ohio Legal Aid, any other free Attorney service, Facilitated/Mediated IEP Make it very clear how a similar goal on the new proposed IEP is different than last years. LRE does not trump FAPE – the placement must provide meaningful benefit (in corner 1:1 is more restrictive)
Questions and Answers of IDEA Part B Dispute Resolution Procedures 7/23/13 http://www.directi onservice.org/cadr e/osepQA2013.cfm http://www.directi onservice.org/cadr e/osepQA2013.cfm
PARCC Accessibility Features and Accommodations Manual Updated Jul 25, 2013 Some Accessibility Features for ALL Students, Some of these features must be identified in advance through a Personal Needs Profile (PNP) and “turned on” by an adult (i.e. background color, masking, line reading, text to speech for math…) Accommodations for Students with Disabilities: Presentation (i.e. braille, close captioning, text to speech) Response (AT, Calculation device, scribe/speech to text, word prediction) Timing and Scheduling (extended time) Setting (small group, location) “the PNP should be based on observations and stated preferences… and been found to increase access. ….A student’s testing needs should be reviewed at least annually and revised as appropriate…” http://www.parcconline.org/parcc-accessibility-features-and- accommodations-manual http://www.parcconline.org/parcc-accessibility-features-and- accommodations-manual
AASCD Testing Window has been extended. It is Feb. 24- April 18, 2014 Returning Test Administrators and Second Raters are required to attend a half-day training session provided by SST. All New Test Administrators and Second Raters will need to attend a full day training provided by SST. Most training sessions will be held in December 2013-January 2014
Extended Standards Training Not Required Repeat of Modules 1-3 provided by SST in 4 regions New Extended Standards training on Content modules (English Language Arts, Math, Social Studies, Science) will be created and delivered by Shawn Benson and Kathy Staugler – at various locations throughout the state. Dates to still be determined Modules will be available on website www.ohextendedstandards.org www.ohextendedstandards.org
Missed service (From Bernadette Laughlin ODE – 8/29/2013 Weekly Update) If the SLP (or other service provider) is absent or at an IEP meeting, there is no substitute and the time is missed, the district owes the child that time. We all know that realistically “making up” even one session could be difficult, let alone an entire day(s) of sessions. We also know that it’s unlikely the district would be able to secure a substitute for a short absence. So what to do? Keep in mind, the responsibility is the district’s. An individual service provider cannot secure a substitute and it may not be possible to make up the sessions, given packed schedules. Here are some suggestions: 1.Some districts have hired an additional service provider as a “floater”- someone who can fill in or help with making up sessions 2.Write minutes of service to be flexible, e.g. “120 Minutes per Month/Quarter” 3.Some districts provide “make up” sessions in the summer. Keep careful track of time missed by students.
ODE Changes Edresourcesohio.org is moving to http://education.ohio.gov (Topics> Special Education> Federal and State Requirements) http://education.ohio.gov IEP/ETR annotations have been removed from the website, to be updated Onsite Reviews this year will probably only be specialty programs (ESC, Vocational Schools…) and not School Districts
SST 13 Compliance Tips and Tidbits 3 Attempts for Parent Participation New Operating Standards Changes: No Reevaluation for Preschool to School aged unless requested or have the label of Developmentally Disabled PR-01 after IEP – even if agreement 3+ Elements in Goals (no longer need who, in what length of time and how it will be measured) When is Parent Consent Needed?
SST 13 Compliance Handbook Is anyone interested in working in a small group to make this more complete?
Other Issues…. 4 County Task Force Meetings: Thursday October 31 st Tuesday February 25 th Wednesday April 9 th All at Receptions Loveland from 8:30-11:30 (8:00-8:30 networking) Workload/Caseload Calculator for Service Providers Early Childhood
What topics would you like covered this year? Are there any topics that might be conducive to smaller workgroups? Future Topics