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Timely & Meaningful Consultation Requirements for

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1 Timely & Meaningful Consultation Requirements for 2008-2009
Andy Eulass, Due Process Coordinator Julie Evans, Principal Education Consultant Special Education Division Illinois State Board of Education

2 In this session you will:
Learn about issues concerning implementa-tion of proportionate share services. Learn the answers to frequently asked questions about the implementation of proportionate share services.

3 Proportionate Share: A Brief History
Since passage of IDEA 1997, school districts have been required to allocate a “proportionate share” of their Federal IDEA Part B funds to provide private school students the opportunity to “equitably participate” in special education programs offered by the district

4 The Big Shift: IDEA 2004 IDEA 1997: responsibility for providing proportionate share rests upon the resident district of the private school student IDEA 2004: responsibility for providing proportionate share rests upon the district in which the student attends school regardless of residency

5 Results/problems in 07-08 As of March 31, 2008, over 95% of the districts had completed Timely and Meaningful Consultation. We have had no complaints filed by parents regarding failure to provide services and/or to properly complete TMC.

6 Who’s Included? Students who have or may have a disabling condition and who are placed by their parents in a private elementary or secondary school Home-schoolers of elementary or secondary school age

7 Why Home-Schoolers? People v. Levisen: Illinois Supreme Court (1950) – Home school equals private school ISBE Supplemental to Memo 05-7: home schoolers are to be included within the category of students entitled to receive proportionate share services

8 TMC Notice: Who gets it? Representatives of known private schools in your jurisdiction Parent representatives of those schools Known parents of home-schoolers who have either identified disabilities or who have approached the district for testing and who’s condition is not yet known General public notice (Memo 06-2, App. C)

9 Remember: You can ask the private schools to identify the parent representatives (be sensitive to timelines though) You don’t have to “beat the bushes” looking for private schools and home schoolers

10 The essential points of TMC
When conducting TMC a district must cover the following during the meeting The child find process and how parents, teachers and school officials will be informed of the process What the proportionate share sum is and how it was calculated The consultation process itself and how it will operate through the school year

11 The essential points (cont.)
4. How, where and by whom proportionate share funds will be allocated, including a description of the types and amounts of services that will be provided 5. How, if the district disagrees with the views of the private school, it will provide a written explanation of why it chose not to follow the views of the private school

12 The Important Piece: Attestations
Not enough to simply have a record of attendance Each participant must be given an attestation form to sign indicating that the five essential points were discussed If the person refuses to sign an attestation form should be maintained with a note to that effect

13 Documentation of TMC A copy of all notice letters sent by the district
Copies of all attendance or sign-in sheets A copy of the ad placed include the date and name of the publication A copy of any agenda, handout or powerpoint used at the TMC meeting(s) Copies of all signed and unsigned attestation forms

14 Important Points TMC must be completed by October 15, no exceptions Documentation must be sent in by November 1, no exceptions Submissions must be made by individual LEA - coops will not be permitted to make one blanket submission on behalf of all member districts unless the material can clearly be matched to each individual district

15 Important Points (cont.)
If you have a proportionate share of $0.00, you must still do TMC If you have no private schools, please send us a letter to that effect

16 Please send TMC materials to:
Leigh Ann Smith Division of Special Education Services Illinois State Board of Education 100 N. First Street Springfield, IL 62777

17 Questions or concerns while dealing with TMC?

18 Resources: Memo 06-2: Memo 05-7: Supplement to Memo 05-7: Model Attestation Form:

19 For a copy of this powerpoint, please contact:
Andy Eulass: Julie Evans:

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