1. JACK O’CONNELL State Superintendent of Public Instruction 1 LOW INCIDENCE FUNDING GUIDELINES FOR 2009-10 PRESENTATION TO: California Transcribers and Educators of the Blind and Visually Impaired 2010

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3. 3 Low Incidence Defined Pupils with Low Incidence disabilities are a group that make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. Pupils with Low Incidence disabilities require highly specialized services, equipment and materials.

4. JACK O’CONNELL State Superintendent of Public Instruction 4 Low Incidence Disabilities Education Code Section 56026.5 LOW INCIDENCE DISABILITY" means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are: hearing impairments vision impairments severe orthopedic impairments any combination thereof e.g. deaf-blind Excludes visual perception problems specified in EC Section 56338.

5. JACK O’CONNELL State Superintendent of Public Instruction 5 IDEA Definitions of Disabilities P.L. 108-446 Definitions of disabilities used in California are in most cases identical to the definitions of disabilities found in the Individuals with Disabilities Education Act (IDEA) Dec, 2004 and Federal Regulations 20 U.S.C. 1401(3)(A) 300.26

6. JACK O’CONNELL State Superintendent of Public Instruction 6 Definition of Deaf - Blind Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

7. JACK O’CONNELL State Superintendent of Public Instruction 7 Definition of Visual Impairment (Ed Code 56350c) A "visually impaired pupil" means a pupil who is functionally blind or a pupil with low vision. For purposes of this presentation, a "visually impaired pupil" does not include a pupil who is eligible for special education and related services based on a specific learning disability identified pursuant to Section 56338.

8. JACK O’CONNELL State Superintendent of Public Instruction 8 Definition of Functionally Blind & Low Vision EC 56350 a) "functionally blind pupil" means a pupil who relies basically on senses other than vision as major channels for learning. (b) A "pupil with low vision" means a pupil who uses vision as a channel for learning, but who may also benefit from instruction in Braille.

9. JACK O’CONNELL State Superintendent of Public Instruction 9 Education Code 556338 As used in Section 56337, "specific learning disability“ includes, but is not limited to, disability within the function of vision which results in visual perceptual or visual motor dysfunction. (LEARNING DISABILITY IS NOT A LOW INCIDENCE DISABILITY)

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11. JACK O’CONNELL State Superintendent of Public Instruction 11 Use of Funds Funds must be used to supplement and not supplant. The purchase must relate to the unique educational needs resulting from the low incidence disability as indicated in the IEP of eligible students. For example, regular textbooks and workbooks would not qualify.

12. JACK O’CONNELL State Superintendent of Public Instruction 12 Funding Data for 2009-10 TOTAL STATE STUDENT COUNT 37,266 SELPAs reporting LI Students 123 Number of Sparse SELPAs 10* *Definition of Sparse SELPA-Reports 25 or fewer students with low incidence disabilities on the CASEMIS

13. JACK O’CONNELL State Superintendent of Public Instruction 13 Funding Data for 2009-10 Funds for Specialized Services $1,700,000 Funds for Equipment Books and Materials $13,151,000

14. JACK O’CONNELL State Superintendent of Public Instruction 14 Eligibility Low Incidence funds may be used for all pupils with low incidence disabilities age 0-22 in public school programs even if they were counted in a different pupil count category. E.G. A blind student who is also developmentally delayed still qualifies for use of low incidence funds due to blindness which is one of the low incidence disabilities

15. JACK O’CONNELL State Superintendent of Public Instruction 15 Eligibility (cont’d) Students with low incidence disabilities who are reported on CASEMIS in Disability 1 or Disability 2 are counted for the purpose of low incidence funds. (may not be counted twice)

16. JACK O’CONNELL State Superintendent of Public Instruction 16 Two Separate & Distinct Types of Low Incidence Funding 1.Funding for Low Incidence Books, Equipment and Materials (State Budget) 2.Funding for Low Incidence Specialized Services (State Budget) These funds many not be commingled

17. JACK O’CONNELL State Superintendent of Public Instruction 17 1985 Legislation Established Low Incidence Funding and Program Mandates 1.LI specialized books, materials, and equipment as required under the pupil ’ s IEP EC 56836.22 2.Program guidelines developed for each LI disability EC 56136 3.Equipment purchased with low incidence funds remains property of the state.

18. JACK O’CONNELL State Superintendent of Public Instruction 18 Purpose of Funds The superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of purchasing, repair and inventory maintenance of specialized books, materials, and equipment for use by students with low incidence disabilities.

19. JACK O’CONNELL State Superintendent of Public Instruction 19 Coordination and Reassignment As a condition of receiving these funds, the special education local plan area shall ensure that the appropriate books, materials, and equipment are purchased; that the use of the equipment is coordinated as necessary; that the books, materials, and equipment are reassigned to local educational agencies within the special education local plan area once the agency that originally received the books, materials, and equipment no longer needs them.

20. JACK O’CONNELL State Superintendent of Public Instruction 20 Sharing of Books, Materials and Equipment It is the intent of the Legislature that special education local plan areas share unused specialized books, materials, and equipment with neighboring special education local plan areas.

21. JACK O’CONNELL State Superintendent of Public Instruction 21 Development of Low Incidence Guidelines The superintendent shall develop guidelines for each low incidence disability area and provide technical assistance to parents, teachers, and administrators regarding the implementation of the guidelines. The guidelines shall clarify the identification, assessment, planning of, and the provision of, specialized services to pupils with low incidence disabilities.

22. JACK O’CONNELL State Superintendent of Public Instruction 22 Use of Guidelines The superintendent shall consider the guidelines when monitoring programs serving pupils with low incidence disabilities pursuant to subdivision (a) of Section 56836.04. The adopted guidelines shall be promulgated for the purpose of establishing recommended guidelines and shall not operate to impose minimum state requirements.

23. JACK O’CONNELL State Superintendent of Public Instruction 23 Low Incidence Inventory Sound recordings, large print, and Braille books purchased, instructional materials transcribed from regular print into special media, and special supplies and equipment purchased for individuals with exceptional needs for which state or federal funds were allowed, are property of the state, and shall be available for use by individuals with exceptional needs throughout the state as the board shall provide when no longer needed by the Local Education Agency.

24. JACK O’CONNELL State Superintendent of Public Instruction 24 Equipment, Books and Supplies GUIDELINES

25. JACK O’CONNELL State Superintendent of Public Instruction 25 Calculation of Low Incidence Specialized Equipment Books and Materials 2009-2010 $13,151,000(budget allocation) 37,266(Total LI Students) $353 per pupil allocation

26. JACK O’CONNELL State Superintendent of Public Instruction 26 Examples of Permissible Equipment Expenditures Purchase, repair and inventory maintenance of LI books, materials and equipment –Excludes medical equipment, services which may be funded under Medi-Cal, e.g. prescription eye glasses excluded; non-prescription low vision aid is OK

27. JACK O’CONNELL State Superintendent of Public Instruction 27 The use of these funds is limited to books, materials and equipment for students with low incidence disabilities. The purchase must relate to the unique education needs resulting from the low incidence disability as indicated in the IEP of the eligible student. For example, regular textbooks would not qualify for purchase with these funds, but textbooks in Braille, large print or tape would. Permissible Expenditures (continued)

28. JACK O’CONNELL State Superintendent of Public Instruction 28 Specialized Services Guidelines

29. JACK O’CONNELL State Superintendent of Public Instruction 29 Sparse SELPAs in 2009-10 Serving 25 or fewer LI Students Colusa22 El Dorado Charter 9 Inyo20 Lassen18 LA Community Court Schools 10 Modoc 7 Mono 13 Plumas14 Tahoe-Alpine 22 Trinity 9

30. JACK O’CONNELL State Superintendent of Public Instruction 30 Calculation of Low Incidence Specialized Services for 2009-2010 $1,700,000 Budget Allocation minus $170,000 Competitive SELPA grants (10% budget) minus $20,000 Sparse SELPA base (10 X 2,000) minus $565,000 Non-Sparse SELPA base (11 X 5,000) equals $945,000 Residual divided by 37,266 Low Incidence Pupil Count of 12/1/2009 $25.36 Per Pupil Allocation

31. JACK O’CONNELL State Superintendent of Public Instruction 31 Low Incidence Assessment EC 56320(g) requires that students with a suspected Low Incidence Disability be assessed by qualified staff knowledgeable in the area of suspected disability. EC 56327(h) requires that assessment reports address the need for specialized equipment for LI students.

32. JACK O’CONNELL State Superintendent of Public Instruction 32 Low Incidence Included in IEP 56345 (b) (5) requires that when appropriate the IEP shall include, for pupils with low incidence disabilities, specialized services, materials and equipment, consistent with guidelines established pursuant to Section 56136.

33. JACK O’CONNELL State Superintendent of Public Instruction 33 Low Incidence Included in SELPA Plan 56201 The SELPA Plan shall describe how specialized equipment and services will be distributed within the local plan area

34. JACK O’CONNELL State Superintendent of Public Instruction 34 Low Incidence Students Taught by Credentialed Teachers EC 44265.5 requires that teachers instructing students with low incidence disabilities shall have professional preparation and credential authorization specific to the specific low incidence disability

35. JACK O’CONNELL State Superintendent of Public Instruction 35 DIS Services May Include Low Incidence Specialized Services EC 56363(b)(16) states that Designated Instruction and Services may include but not be limited to Specialized Services for Low Incidence disabilities, such as readers, transcribers, and vision and hearing services.

36. JACK O’CONNELL State Superintendent of Public Instruction 36 Low Incidence Specialized Services include but are not limited to …… Readers Transcribers Interpreters Drivers Instructional Assistants Health aides Assessment Services for a currently identified low incidence disability student

37. JACK O’CONNELL State Superintendent of Public Instruction 37 For More Information obtain the following documents from the CDE Spec Ed Division Linda Wyatt, Ed.D., Consultant Special Education Division 916- 322-3254 lwyatt@cde.ca.gov 2009-10 Low Incidence Program Guidelines and Legal Requirements (http://www.cde.ca.gov/ 2009-2010 Low Incidence Program Allocation Spreadsheet