GOVERNOR’S ADVISORY COUNCIL FOR EXCEPTIONAL CITIZENS (GACEC) GENERAL MEMBERSHIP MEETING

7:00P.M., November 18, 2014 George V. Massey Station, Second Floor Conference Room

516 West Loockerman Street, Dover, DE

MINUTES MEMBERS PRESENT: Chairperson Robert Overmiller, Cathy Cowin, Bill Doolittle, Terri Hancharick, Bernie Greenfield, Dana Levy, Karen McGloughlin, Chris McIntyre, Carrie Melchisky, Mary Ann Mieczkowski, Jennifer Pulcinella, Shawn Rohe, Brenné Shepperson, Kirsten Wolfington, and Thomas Keeton. OTHERS PRESENT: Guests: Sarah Celestin, Department of Education (DOE); Dale Matusevitch (DOE); Sandra Miller, Division of Vocational Rehabilitation (DVR); Cassandra Pearce, parent; Jennifer Nagourney, DOE Charter School Association; Dorothy Mumford, Division for the Visually Impaired (DVI); Freda Collins, Child Development Watch; Charles Burbank, parent; and Rob Sheinberg, parent. Staff present: Wendy Strauss, Executive Director; Kathie Cherry, Office Manager and Sybil White, Administrative Coordinator. MEMBERS ABSENT: Marie-Anne Aghazadian, Jean Butler, Dafne Carnright, Carma Carpenter, Al Cavalier, Nancy Cordrey, Karen Eller, Brian Hartman, Beth Mineo, Janella Newman, Bill O’Neill, Ron Russo, Howard Shiber, Lavina Smith. Chairperson Robert Overmiller called the meeting to order at 7:02p.m. Introductions were made around the table. Robert reminded everyone that side bar conversations were distracting and should be avoided. He also asked that anyone speaking do so keeping in mind that the meeting is being recorded. Robert announced the change to the agenda adding guest speaker and asked for a motion to approve. The motion was approved. PUBLIC COMMENTS Charles Burbank, a parent from Gateway Lab School asked to address Council regarding the recent news that the Charter School Commission recommended not renewing the charter of Gateway Lab School. Mr. Burbank spoke passionately about the positive experience of his child at Gateway compared to the negative experience at his district feeder school. Mr. Burbank expressed his concern that this school was being punished based on standards that are clearly not in the best interest of the student population that currently makes up Gateway Charter School. Robert asked for a motion to approve the October meeting minutes from the Retreat. Member Karen McGloughlin indicated she had previously made a request to change her status from present to absent at the retreat. Sybil indicated that the changes were made prior to the meeting at the

request of Karen and that Robert should have an updated copy. Robert asked for and received a motion to approve the minutes as amended. The motion was approved. Robert asked for a motion to approve the October financial report. Bill Doolittle asked about the staff salary line item. Wendy explained that each year there is a salary shortfall and the Office of Management and Budget (OMB) assures her that they will find the money to meet staff salaries. This has happened for many years in the past and each year OMB has fulfilled that commitment. A motion was made and approved to accept the October financial report as submitted. Wendy Strauss announced that the GACEC was honoring member Dennis Rubino who submitted his retirement from Council at the October retreat. Wendy thanked Dennis for his years of commitment, his calm manner and his willingness to share his perspective. Dennis was asked about his retirement plans and indicated that he would be retiring from his position at Delaware State University in July and plans to spend time with his family. Dennis thanked everyone and indicated that he has learned so much during his 13 years of service. Wendy read the contents of the tribute from Governor Markell and presented Dennis with both the tribute and a plaque from Council. Wendy also recognized Terri Hancharick with a plaque from Council for her leadership and service as Chair of the GACEC from 2010-2013. Wendy later thanked retiring members who were not in attendance: Blake Roberts, Nina Bunting, Dave Hosier, John Ryan and Janet Cornwell who submitted her retirement at the October retreat. DOE REPORT Mary Ann reported that the Department of Education (DOE) received a 2.2million school climate grant for its Positive Behavioral Support (PBS) program. The grant will be used to enhance the supports and resources for the multi-tiered approach that is currently in place. She shared that 94 educators participated in school wide PBS workshops that involved overview of prevention, correcting problem behaviors and developing self-discipline. The PBS project hosted an annual secondary forum in October focused on implementation of PBS projects for middle schools. 46 educators attended the event. Mary Ann shared that the results of the school climate survey data will be reported since the survey was distributed during October and November. Social Skills training was provided by the PBS project that included 16 new social skills group facilitators from three schools within the Christina school district. Mary Ann shared that her report contained much more information and was provided to GACEC staff. A copy of the report is available online. Member Bernie Greenfield questioned Mary Ann about the proposed closing of Gateway Lab School. Mary Ann introduced Jennifer Nagourney from the Charter School accountability office to explain the process that was used to make the determination and what options were still available for parents and concerned citizens. There are still opportunities to make public comments prior to Secretary of Education Murphy making his recommendation to the State Board for approval.

AD HOC COMMITTEE REPORTS Terri provided an update on House Bill (HB) 90, the Enrollment Preference Task Force. The group is currently looking at Charter, Vo-Tech and Magnet school requirements for new enrollment. The final recommendations will be sent to the Governor this month. Robert reported on the Senate Bill (SB) 229 regulations. Once the regulations are final there will be a small group working with the assessment team at DOE to develop the new alternate assessment. Wendy added that she appreciated the Department giving GACEC an opportunity to provide feedback prior to the regulations being made available for public comment. Robert also reported on SB 254. Robert shared his concern that the bill was introduced on the Senate committee floor on the day before the last Senate committee meeting. There was no representation from the State Board, teacher administrators or teacher supervisors. The bill introduced a new system for paying teachers. Wendy shared that GACEC sent out information for the community forums that DOE held. Wendy attended one forum and GACEC wrote a letter with some concerns with some of the recommendations. Ann Fisher shared that at the last meeting it was stated that the bill was passed to form the committee to explore making changes to the teacher compensation system, not to be a definitive change. The report is now expected to be released January 7, 2015. Ann reported that the committee will now hold subcommittee meetings to get feedback from educators. Wendy shared that one of GACEC recommendations was that the committee get feedback from educators. The one forum that Wendy attended was not well attended. The information at that meeting indicated the possibility of current educators being grandfathered in to the current compensation system and new hires being subject to the new system. Wendy shared her understanding that the new system included new positions that educators would be nominated for and that the position would last for a period of three years at which time the educator would lose the additional compensation that was included with the new position. Wendy shared that the potential cost would be six million dollars for the first year. The teachers in the session that Wendy attended indicated that they would prefer that the money be spent on services for students. Ann shared her concern that there were no definitions or explanations for what the new positions would entail. Tom Keeton asked if this was the same program that was originally introduced that would exclude career/technical education (CTE) teachers and language teachers, among others. Wendy shared that at the meeting she attended it was stated that it would exclude specialists, but Ann shared that a change was made and different information was shared in the November meeting at William Penn. Robert stated that it would be important to look at the Recommended Budget from Governor Markell since that is what determines teacher salaries. Some of these items may be included as changed in the budget bill which may not include any public notice other than notice of publication of the Governor’s budget. Bill shared his concern that depending on the way this compensation system was set up it could discourage teachers from working with students with disabilities. Bill updated Council on Senate Concurrent Resolution (SCR) 63: IEP Task Force. He shared that he feels that a lot of progress is being made and there is a commitment to continuing the work after expiration of the task force.

Autism Task Force: Mary Ann shared that the third meeting of the Autism Task Force was held today. The task force is looking at an Autism resource collaborative between DOE, Department of Health and Social Services (DHSS), Center for Disability Studies (CDS), Autism Delaware, Division of Vocational Rehabilitation (DVR) and the Division of Developmental Disability Services (DDDS). In lieu of the December meeting, the members of the Interagency Committee for Autism is meeting to come up with a mission, vision and business plan of what Autism collaborative could look like. That information would then be brought back to the Task Force at the January meeting. Bill shared that there was a little discussion on changing Delaware Code. Mary Ann shared that the legislation was written in 1980 when about 70 students were identified and now we have 1300 students identified on the autism spectrum. This led to discussion about whether the legislation should be changed. Jennifer Pulcinella asked if there was any discussion about the difference in the medical diagnosis and the educational diagnosis. This information was discussed and Mary Ann suggested this might be one of the low hanging fruits that the collaborative would select to work on. DIRECTOR REPORT Wendy offered praise for DOE, DVR and DDDS for pulling off a wonderful Transition Conference in such a short period of time. The conference this past year was held in April and then moved to October which is a much shorter turn around. GACEC had the opportunity to offer a session on the state transition website. Kathie and Sybil have had the opportunity to present to transition coordinators about the website. There has been much wonderful feedback from those sessions and many coordinators have asked for additional business cards and fliers to share with their clients. The Disability History and Awareness Month (DHAM) poster contest was held again this year and there are more entrants than ever. The poster contest luncheon will be held on December 4, 2014 at the Duncan Center. There was a meeting with the Rodel Foundation that included Developmental Disabilities Council (DDC), SCPD, individuals from Public Health and the Parent Teacher Association (PTA). Wendy shared one of the concerns voiced by the group was does “all” truly mean all. In the past, input was not included from the disability community. The feeling was that Rodel invited the GACEC just to be able to say that the disability community was represented but they were not listening to the input of the disability community. Kurt Landgraf said that he would share the concern Wendy mentioned with Rodel. Bill Doolittle shared that he felt the plan was especially weak for students with special needs. Karen McGloughlin shared that she felt there was no feedback on her input even though she did not identify herself as being involved with individuals with disabilities. Karen shared that the website that Rodel established so that feedback could be shared was not useful as no follow up was provided. Robert voiced a concern that this plan has been in process since 2006 and continues to receive funding with no results. Wendy said she was hopeful since they reached out to her personally this year and even asked to speak to Council. Wendy spoke about her plan to send out the full list of items from the legislative planning committee. No education items were picked so the GACEC will do what we can to move some of the issues forward. She shared that she met with Brian Freedman and Laura Eisman from the Center for Disability Studies regarding legislation to allow Student Excellence Equals Degree

(SEED) grant money to be used for the Career and Life Studies Certificate (CLSC) program at the University of Delaware. Wendy asked Mary Ann about the progress of the parent satisfaction survey that DOE and the Parent Information Center (PIC) is working on. Mary Ann shared that DOE is working on it with PIC and the PTA so she asked Bill to give an update. Bill shared that they are working on making the survey more useful and accessible to parents. He is pleased with the progress. Wendy requested a copy of the survey be sent to Council once completed. Wendy invited parent Rob Sheinberg to provide his public comment since he was unable to do so during the initial public comment period. Mr. Sheinberg spoke about the positive experiences his daughter has had at Gateway Lab School and asked for support as they try to get the charter renewed. Mr. Sheinberg stated that to compare Gateway to other schools is unfair since more than sixty percent of the students who attend Gateway have an Individualized Education Plan (IEP) or 504 Accommodation plan. He shared the story of a young man who attended Gateway prior to moving out of state where he now attends a very large school. Because of his participation in the band at Gateway, this young man was able to transfer that experience to his new larger school and immediately have a sense of belonging even though he may struggle academically or socially. This is the type of experience offered to all Gateway students. Robert thanked Mr. Sheinberg for sharing with Council. COMMITTEE REPORTS ADULT TRANSITION SERVICES Cathy Cowin shared that Dale Matusevich from DOE spoke to the committee about state graduation rates. The graduation rate of special education students from 2011/12-2013/14 has increased 3%. Dale also provided information on Indicator 14. Cathy shared that one of the biggest challenges is having accurate contact information to follow up with students. She shared that the statewide response rate is about 30%. CHILDREN AND YOUTH Bill Doolittle reported in the absence of committee chair, Karen Eller. Sarah Celestin from DOE reported on Indicator 3, participation and performance on state assessment. The group asked for an updated list of stakeholders for each Indicator. The group also requested placement data, home school data and district information for all students who are not in general education classroom 80% of the time. The group also discussed the situation at Gateway Lab School and the fact that the performance measures cannot accurately assess a school like Gateway.

INFANT AND EARLY CHILDHOOD Jennifer Pulcinella reported that the group discussed HB 319 amending Delaware Code relating to Midwifery. Jennifer attended a meeting of the Delaware Healthy Mother/Infant Consortium where she learned that Representative Baumbach is sponsoring this legislation. The group discussed the paperwork that goes with the students during the birth to three and the three to five transitions. Mary Ann shared that representatives from the birth to three and three to five groups meet together to develop an IEP. Jennifer asked if the parents would be involved in this meeting. Mary Ann answered that absolutely they would be invited. Jennifer shared that the group has been informed that this is not always the case. Many times the IEP is developed using only the information in the documentation, which is often old information. Mary Ann said that she would follow up with Verna Thompson to discuss the IEP information for the birth to five groups and suggested that the group ask Verna to come in and present. Jennifer ended her report by stating that the group would like to hear from Verna. Wendy shared that she spoke with the group and shared some ideas that she and Secretary Landgraf had about early childhood transition. POLICY AND LAW Wendy presented in the absence of Chair Jean Butler or Vice Chair Brian Hartman. The committee recommended action on items 3-5 of the November Legal Memorandum that was shared with Council previously. Commentary on the regulations was as follows: 3. DMMA Medicaid Rehabilitative Services Regulation [18 DE Regulation 429 (12/1/14)] As background, “rehabilitative services” are an optional Medicaid State Plan benefit. Delaware includes “rehabilitative services” within its State Plan. Under the general heading of “rehabilitative services”, the Delaware Medicaid Plan included a “Community Support Service Program” which covered “behavioral health rehabilitative services per persons with disabilities caused by mental illness and substance use disorder.” At p. 430. This program encompassed both residential and non-residential support services. Id. Details are contained in the relevant provider manual published at http://www.dmap.state.de.us/downloads/manuals/Community.Support.Services.Provider.Specific.pdf CMS has already approved an amendment to remove the “Community Support Service Program” entirely from the Medicaid State Plan effective January 1, 2015. At p. 430. The rationale for the deletion of the Program is that the PROMISE program makes it “obsolete”. Id. In a nutshell, support services previously provided under the Community Support Service Program” would be covered (along with other services) by PROMISE. DMMA is proposing to formally delete the Community Support Service Program” from the State Plan through the current proposed regulation.

The committee discussed the following observations. First, the committee is concerned that eligibility for PROMISE is more circumscribed than eligibility under the Community Support Service Program. As a result, some classes of individuals who were eligible for behavioral health support services under the former program will be “left in the cold”. Consider the following: A. Per §5.0 from the Community Support Service Program Provider Manual, eligibility for the program was expansive and not limited by diagnosis: 5.0 Service Limitations 5.1. Eligibility Limitations

5.1.1 Community support services are limited to eligible DMAP clients who would benefit from services designed for or associated with mental illness, alcoholism or drug addiction. 5.1.1.2 Coverage for community support services is limited to those Medicaid clients who are certified by the program physician as severely disabled according to criteria for severity of disability caused by mental illness and/or substance abuse.

B. In contrast, the PROMISE program is highly prescriptive and only covers individuals with certain diagnoses. While individuals with a TBI diagnosis could have qualified under the “Community Support Service” eligibility standard, that diagnosis is non-qualifying under PROMISE. The SCPD and GACEC have requested reconsideration of DMMA’s exclusion of TBI as a qualifying diagnosis under PROMISE. Apart from TBI, there may be a host of other classes of individuals who would have been eligible under the Community Support Service” program but who will be barred from PROMISE based on a non-qualifying diagnosis, including the following: 1) intermittent explosive disorder (DSM V, 312.34); 2) conduct disorder (DSM V, 312.81, 312.82, and 312.89); 3) all neurocognitive disorders (DSM V, pp. 591-642); and 4) all trauma- and stressor-related disorders apart from PTSD (DSM V, pp. 265-290). Second, DMMA indicates that PROMISE is intended to cover individuals qualifying under the DOJ-Delaware settlement. At p. 430. The population of individuals covered by the Settlement Agreement is not limited to certain diagnoses. As a result, while an individual in the Delaware Psychiatric Center (DPC) with a diagnosis of intermittent explosive disorder will qualify for services under the Settlement Agreement, DHSS will have to spend 100% State funds for community programming for the individual since the person lacks a qualifying diagnosis to be eligible for PROMISE. Alternatively, the individual will be relegated to a narrow scope of services

offered by an MCO. Query whether these results are fiscally and clinically prudent. In closing, while the Division characterizes the Community Support Services program as “obsolete” as supplanted by the PROMISE program, this is not entirely accurate. It is unfortunate that the Division is proposing elimination of a program with more progressive eligibility criteria and substituting a program with brittle, no-exceptions diagnosis-based eligibility criteria. The committee recommends sharing these observations with Division of Medicaid and Medical Assistance (DMMA), the Division of Substance Abuse and Mental Health (DSAMH), the Department of Health and Social Services (DHSS) Secretary and Court Monitor. Given the exclusion of neurocognitive disorders (including Alzheimer’s), the Councils may wish to share a courtesy copy of comments with the American Association of Retired Persons (AARP). 4. DOE Medications & Treatments Regulation [18 DE Regulation 419 (12/1/14)] As background, legislation (S.B. No. 246) was enacted in July, 2014 which requires the Department to issue implementing regulations. The legislation indicates that the federal School Access to Emergency Epinephrine Act was passed in 2013. The federal Act establishes a preference in receiving certain federal grants to states which adopt laws addressing administration of epinephrine to students experiencing anaphylactic reactions. The preamble to S.B. No. 246 includes the following statistics: • 1 in 25 school aged children are affected by food allergies, the most common

trigger of anaphylaxis; • approximately 16-18% of children with food allergies have experienced a

reaction in school; and • approximately 25% of all anaphylaxis cases occur in children whose food

allergy was previously undiagnosed. The committee discussed the following observations. First, §3002E(a) of the statute requires the DOE regulation to address documentation of the training of “Trained Persons”. The implication is that the legislators envisioned record keeping of written confirmation of completion of training. In contrast, the regulation (§6.1.2) merely contemplates the written representation of personnel that he/she has completed training. Reasonable persons might differ on whether a self-reporting approach is prudent, especially given the risk of death if epinephrine is not properly administered. It should not be burdensome to require personnel to submit proof of completion of a Board of Nursing training course. Second, a related concern is the “weakening” of the record-keeping system for trained personnel. The regulation deletes a current requirement that a school nurse essentially act as a point person to

send the Department of Education a list of educators who have completed the training: A School Nurse shall:

6.1.2.1. Complete instructor training as designated by the Department of Education and shall submit a list of educators and other school employees, who have completed the training to the Department of Education.

It would be much easier for the Department to monitor implementation of the regulation if schools supplied a list of trained personnel. Otherwise, the Department would be completely unaware if multiple schools had zero trained personnel. Some DOE monitoring of implementation is contemplated since the school nurse is required (§7.5) to submit an emergency medication summary sheet to the DOE within 48 hours of use of an emergency medication. Moreover, the statute [§3005E(a)] requires schools to “identify and train a sufficient number of eligible persons”. If no information on the number of trained personnel is submitted to DOE, query how it will monitor compliance with this statutory standard? Third, the statute [§3005E(b)]contains the following provision:

Except for a school nurse, an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 shall not be compelled to become a Trained Person, unless this is a requirement of hire or contract.

In contrast, the regulation contains inconsistent standards implementing this provision:

• 7.2.1 An identified person cannot be compelled to become a Trained Person, unless training is a requirement of their position, hire, or contract.

• 8.0. Except for a School Nurse, no Educator or Other School Employee shall be

compelled to assist a student with medication or administer emergency medication. The latter section omits the caveat that personnel can be compelled to fulfill the qualifications and role of a Trained Person if “a requirement of hire or contract”. Fourth, in §2.0, the definition of “Assistance with Self-Administration of Medication” is problematic. It includes the following provision:

The one exception is with emergency medications where standard emergency procedures prevail in lifesaving circumstances for life threatening symptoms of a diagnosed condition and includes the administration of the medication based on the healthcare provider’s order and parent permission.

The definition of “Emergency Medication for a Diagnosed Medical Condition” is similarly limited to “a diagnosed medical condition”.

Consistent with the preamble to S.B. No.246, approximately 25% of all anaphylaxis cases occur in children whose food allergy was previously undiagnosed. Therefore, the reference to “a diagnosed condition” is unduly limiting. Likewise, since the condition may be undiagnosed, there may be no provider order and no parent permission. The DOE could simply delete the entire sentence since it is superfluous. There is no need to include the emergency standards within the definition of Assistance with Self-Administration of Medication. The balance of the regulation provides ample guidance on emergency situations. Fifth, in §2.0, the definition of “medication” includes a categorical requirement that it “has been authorized for a student to use”. There is some “tension” between that definition and the authorization to administer an emergency “medication” for an allergic reaction based on an undiagnosed condition. There will be no prior authorization from a health care provider or parent since the condition is undiagnosed. Sixth, in §2.0, the definition of “paraeducator” is unduly limiting. It recites that the term means “teaching assistants or aides in a school. This could exclude a “service paraeducator” [14 DE Administrative Code 1517] who might provide assistance to a student in extracurricular or off-site activities. If a paraeducator were to become a “Trained Assistant for Self-Administration” or a “Trained Person”, the paraeducator could be working outside a building “at an Approved School Activity” [§6.1.4] such as a field trip, team competition, or playground recess. Cf. October 17, 2013 Delaware News Journal article noting allergic reactions due to wasp sting or eating peanut on playground. Seventh, for similar reasons, §7.1 should be amended. It literally only allows administration of an emergency medication “in the school building”. Eighth, §6.1 only permits Trained Assistants for Self-Administration to act during approved school activities “in kindergarten through Grade 12". This omits preschool activities which are expected to be covered. See 14 Del.C. §3001E(3) and regulatory §2.0, definition of “school”. Compare reference to “pre-kindergarten through Grade 12" in §6.1.4. Ninth, the original version of S.B. No. 246 addressed emergency responses to asthma attacks. The explicit references to asthma were deleted by Senate Amendment (S.A.) No. 1. Apart from food allergies, emergency administration of Diastat for seizures and glucagon for symptoms of diabetes are authorized in some states. See Epilepsy Legal Defense Fund, “Diastat Administration in Schools: Summary of Relevant Federal Laws and Selected Cases” at p. 1. S.B. No. 246 defines “emergency medication” as one responsive to an “allergic reaction”. This limitation is mirrored in the regulation, §2.0. Schools are directed to maintain “current, stock Emergency Medication” [§7.3]. It would be “progressive” if the DOE expanded the scope of emergency medications beyond those for allergic reactions. If legislation were needed to facilitate a broader approach, that could be considered.

The committee recommends sharing these observations with the DOE. A courtesy copy of comments could be shared with the Division of Public Health and the prime sponsors of S.B. No. 246, Sen. Hall-Long and Rep. Barbieri. 5. DFS Revised Proposed Early Care & Education & School-Age Ctr. Reg. [18 DE Regulation 438 (12/1/14)] The GACEC and SCPD commented on the proposed version of this regulation in June, 2014. Rather than adopt a final regulation, the Division of Family Services has now issued a revised proposed set of proposed regulations. The standards are lengthy, i.e., 69 pages. 1. Preliminarily, the Councils promoted the incorporation of more robust non-discrimination language than the brief reference in §25.1.3. Section 35.1.2 has been amended to include an assurance of non-discrimination based on disability and other protected classes. It could be improved by including a specific reference to the Americans with Disabilities Act (ADA) and the Delaware equal accommodations statute consistent with the opinion of Attorney General (p. 4) included with the June commentary from the Councils. 2. In their June commentary, the Councils objected to authorization for children to ride bikes without helmets if the bike has wheels of less than 20 inches in diameter. Section 41.0 remains unchanged and the comment should be reiterated. In other contexts, DFS has adopted good standards to prevent injuries [e.g. trampoline ban (§40.5); protective surfacing (§40.8)]. 3. In their June commentary, the Councils recommended adoption of a requirement of notification to Division of Family Services (DFS) for each administration of extended physical restraint. No change to §13.0 has been made. The comment should be reiterated. 4. In §3.0, the definition of IEP recites that it covers the educational program “for a child three (3) years of age or older”. This is not entirely accurate. Children with certain classifications are eligible under IDEA-B for an IEP at birth. See Title 14 Del.C. §3101(3) and §1703(k)(l)(m). 5. In §19.1, there is an extraneous “129". 6. Section 43.2 allows a provider to have one toilet for 15 school-age children plus staff. For younger children, the standard is one toilet for every 10 children aged 24 months through preschool plus staff. The committee recommends consideration of a lower ratio. Ready access to a toilet is not provided under this arrangement. The Councils recently criticized continuation of a 1-8 individual-toilet ratio for family care homes in commenting on a proposed regulation published at 18 DE Reg. 282 (10/1/14). Other regulations require one toilet for every four (4) individuals. See the neighborhood home regulation [requiring 1 toilet for every four (4) individuals (16 DE Admin Code 3310, §9.0]. See also 16 DE Admin Code 3230, §5.9, and 16 DE Admin Code 3301, §5.9. Moreover, toddlers and children may need assistance in toileting and “turnover” may not be quick. 7. DFS may wish to review the proposed DOE regulation published this month [18 DE Reg. 419

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(12/1/14)] regarding emergency administration of medications in the event of allergic reactions. The DOE regulation covers pre-kindergarten programs in schools. See §2.0, definition of “school”. There may be overlapping jurisdiction with DFS over some programs. Compare §§3.2 and 3.3 (DFS regulation covers early care and school age centers within schools). DFS may wish to promote compatibility between its standards (e.g. §§60-61) and the DOE standards in the context of emergency interventions related to allergic reactions. Section 61.2 generally authorizes staff to “take appropriate emergency action” in response to allergic reactions. MEMBERSHIP COMMITTEE Danna Levy welcomed two new GACEC members: Kirsten Wolfington, a parent of a child with a disability and Tom Keeton who will be replacing John Ryan on the Council as a representative for the Department of Corrections. She also congratulated Dennis, Terri and Janet. Danna announced the resignation of the following Council members over the past few months: John Ryan, Blake Roberts, Helene Diskau, Nina Bunting, Ray Verlinghieri, Janet Cornwell and Marshal Stevenson. PERSONNEL COMMITTEE There was no report at this time. OUTSIDE COMMITTEE UPDATES A report on the Delaware Healthy Mother and Infant Consortium was given during the Infant and Early Childhood report. CHAIR REPORT Robert reminded everyone that if they attend any outside meetings to please provide Council with an update. Robert read the list of absent member as well as guests at the meeting this evening. He then shared that he and GACEC staff have met with various cabinet secretaries to discuss the relationships between the GACEC, the Secretaries and their staff. Especially of note is that the Division of Fish and Wildlife has accessible areas. This month DNREC added a section on access for individuals with disabilities in the magazine they send out to individuals who get their license to either hunt or fish in the state. A motion was made to adjourn the meeting. The motion was approved and the meeting was adjourned at 9:16 p.m. There will be no meeting in December.

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Delaware Department of Education, Exceptional Children's Workgroup Report

Governor's Advisory Council for Exceptional Citizens

November 18, 2014

Delaware PBS

• Through Exceptional Children Resources, and in collaboration with the DE-PBS Project, the

Department of Education received a $2.2 million School Climate Transformation Grant,

"Delaware Positive Behavior Support: School Climate and Student Success." Combining Social Emotional Learning techniques within the Positive Behavior Support multi-tiered systems of

support framework, the grant will provide resources to support expansion of evidence-based

professional development and data integration tools across approximately 140 schools

statewide. Further, the grant will support increased technical assistance to focused schools

within priority LEAs to develop and implement multi-tiered systems of support with fidelity

leading to improved student behavioral and academic outcomes. Together with members of DOE's Exceptional Children Resources and School Support Services workgroups, the DE-PBS

Project will implement grant activities over a period of five years.

• The DE -PBS Project conducted a School -wide PBS workshop, aimed at staff members that are

new to existing PBS teams, on Tuesday, September 23, 2014. Participants included 94 educators

from 39 schools representing 15 school districts. The content involved an in-depth overview of

the research-based SWPBS framework including: Program Development and Evaluation,

Prevention: Implementing School-wide and Classroom Systems, Correcting Problem Behaviors,

and Developing Self-Discipline. Activities included participant reflection, discussion, and sharing

of current school practices. Using data trends from DE-PBS Key Features Evaluations, the

participants planned implementation activities focused around areas the Project identified as

priority areas for improvement: student knowledge of school-wide expectations, incorporation

of social-emotional learning within the PBS framework, and improving peer relationships to support bullying-prevention efforts.

• The Delaware Positive Behavior Support Project (DE -PBS) offers annual recognition to schools

that exemplify specific components of the DE-PBS Key Features. For the 2013-2014 school year,

the Project recognized three phases of School-wide Positive Behavior Support (SWPBS) program implementation. Schools at Phase 1 have a strong foundation with key components in place. In

addition to these foundational components, schools at Phase 2 have systems to sustain their

program and implement strategies to promote social-emotional learning and students'

development of self-discipline. At Phase 3, schools also demonstrate effective systems for

supporting at-risk students, such as utilization of a problem-solving team and targeted

interventions for students. At all phases, use of data for planning is critical. At the end of each

school year, DE-PBS schools voluntarily apply for recognition in one of three phases, based on

their program's current level of implementation. For the 2013-14 school year, 17 schools from 7

districts received Phase 1 recognition. Additionally, 3 schools from 3 districts were recognized

for Phase 2, and 4 schools from 3 districts received Phase 3 recognition. Phase 1 recipients

received a certificate and blue ribbon for display. Phases 2 and 3 recipients received a

certificate and banner for display.

• The DE -PBS Project hosted the annual Secondary Forum on Wednesday, October 22, 2014. This interactive workshop focused on implementation strategies for middle and high schools

active with the DE-PBS Project, as well as secondary school personnel that are exploring

Schoolwide PBS implementation. Attendees included 46 educators from 20 schools

representing 11 districts. The content involved overviews of current research and data related

to following topics at the secondary level: 1) bullying prevalence and bullying prevention, 2)

effective major versus minor behavior management systems, and 3) student social emotional

learning (SEL). The forum included opportunities for participants to share strategies, network,

and complete action plans around each topic. Featured interventions focused on developing

student SEL, namely self-awareness, self-management, and responsible decision-making.

Strategies to support staff behaviors included de-escalating negative student behaviors and

identifying students who need targeted interventions related to school connectedness. School-

level action plans were completed and once compiled, they were disseminated to the schools

and their district DE-PBS coaches. These action plans will be used as a data source to inform DE-

PBS Project technical assistance and professional development priorities for activities related to

secondary schools.

• The Delaware School Climate Surveys registration was open through Friday, November 7 th . See

www.delawarepbs.org . Currently 108 Delaware schools representing 13 districts are enrolled

this school year. The Delaware School Climate Surveys provide schools with a brief, useful

measure of school climate, assessing how students, teachers/staff, and parents perceive the school environment. They measure perceptions of relationships among the school community

members (e.g., teacher-student relationships, teacher-parent relationships, and student

relationships), school safety, and fairness and clarity of rules and behavioral expectations. The

surveys include supplemental scales to measure positive and punitive disciplinary techniques as

well as techniques targeting social-emotional competencies, frequency of bullying (verbal,

physical, social-relational, cyberbullying) behaviors, and cognitive/behavioral and emotional

school engagement. A wealth of research shows that individuals' perceptions of their

environments are strong predictors of important social, emotional, and academic outcomes. The

DE-PBS Project supports schools and districts to utilize this information in identifying areas of

strengths and needs around which action plans and monitoring can occur. The DE-PBS Project has received requests to use the DSCS from 19 education agencies from 14

states as well as 4 countries. The survey has been translated and administered in China, Japan

and Brazil.

• Social Skills Facilitator Training was provided on Monday, September 29, 2014, through

Delaware Positive Behavior Support (DE-PBS) Project. Participants included 16 new social skills

group facilitators from three schools within the Christina School District. Consultants Linda

Raymond and Debra Korngold presented information based on Michelle Garcia Winner's Social

Thinking curriculum that focused on how to initiate and form student groups, plan lessons, and engage students in the content. Each participant received resource binders and texts to assist

with implementation of social skills groups in their school.

Statewide Personnel Development Grant (SPDG)-Behavior/Social Emotional Initiative:

• On October 15 th, The Delaware Positive Behavior Support (PBS) Project, in collaboration with DDOE under the State Personnel Development Grant (SPDG), welcomed Dr. Rose lovannone from the University of South Florida to present part one of Prevent-Teach-Reinforce (PTR) model to an audience of 112 educators from 55 different schools, representing 15 school districts. PTR is a Tier 3 behavior intervention process for completing Functional Behavior Assessments and developing Behavior Intervention Plans. This is a team-driven process, led by a facilitator, and aligned with Rtl/Problem-Solving approaches. The PTR process differs from traditional approaches by building in teacher coaching and support that ensures the teacher is able to implement the behavior plan with fidelity. In addition, the process includes a protocol for measuring implementation fidelity and provides an efficient daily data progress monitoring tool that allows the team to make decisions about the impact of the intervention plan. The process is broken into 5 steps to support a standardized model of delivering Tier 3 behavior supports to students. Participants focused on these 5 steps and how to facilitate the process with teams in their school. Participants will return in the spring for part two, which will also be presented by Dr. Ivannone. Out of the 15 districts who participated, 8 will receive ongoing Technical Assistance and Coaching through the PBS Project/SDPG grant: Brandywine, Caesar Rodney, Capital, Christina, Colonial, Laurel, Red Clay, and Smyrna.

• On October 17th, the DE - PBS Project held a workshop to train Master Facilitators in the PTR process. This professional development led by Dr. Ivannone is intended to build capacity within school districts to a group of 5 school psychologists who have the skill set and willingness to receive further technical assistance and support in order to train and coach other school-based professionals in their districts to implement PTR. The Master Facilitators will be trained in evaluating the quality of completed Functional Behavior Assessment (FBA)/Behavior Improvement Plan (BIP) (technical adequacy) and to achieve adequate inter-rater reliability with others. They will also be provided strategies and a systematic process for coaching peers to implement PTR. There are 3 districts who will be involved in scaling up: Capital, Colonial, and Red Clay. Later that day, the Master Facilitators had a chance to observe Dr. Ivannone implement the PTR with a team, including a family, to gain further insight into the process. This was done at Southern Elementary School in the Colonial School District.

• On Friday, October 10, Woodbridge School District sponsored the Western Sussex Summit with a focus on Trauma Sensitive Schools. The Delaware Positive Behavior Support (PBS) Project presented three sessions to a total of 60 participants. The presentations focused on integration of a trauma-informed approach into Schoolwide PBS systems, the DE-PBS Key Features, and how these integrated approaches support the academic, behavioral, and social-emotional needs of students.

The Delaware Positive Behavior Support Project in collaboration with Delaware Department of Education under the State Personnel Development Grant (SPDG) hosted Dr. Elizabeth Laugeson, UCLA, in presenting the PEERS Curriculum for School-Based Professionals. A total of 56 people from 8 school districts were in attendance. In addition, outside agency personnel

attended from Autism Delaware and the Center for Disabilities Studies. Participants are now

fully trained and certified to implement the curriculum. PEERS is an evidence-based curriculum

developed for higher functioning adolescents without significant intellectual disabilities and

focuses on skills related to making and keeping friends and managing peer conflict and rejection.

Lessons include topics such as having two-way conversations, electronic forms of

communication, choosing appropriate friends, managing arguments with friends, and handling

teasing and bullying. PEERS teaches social skills using concrete rules and systematic steps of

social behavior and utilizes the Socratic method, role-play demonstrations, perspective taking

questions, coaching with feedback, and homework assignments. There are currently 7 schools

participating in the PEERS pilot program which involve group facilitators receiving ongoing

coaching and professional development provided by the DE-PBS Instructional Coach, Susan

Veenema over the next two years. Memorandums of Agreement are being executed with each

pilot school: Appoquinmink School District (Louis. B. Redding Middle School), Brandywine

School District (Mt. Pleasant High School, PS DuPont Middle School), Capital School District

(Dover High School),Seaford School District (Seaford High School, Seaford Middle School),

Gateway Lab Charter School

• The Strategic Instruction Model (SIM) initiative was launched through a two-day training on

September 18 & 19. SIM promotes effective teaching and learning across content areas through

the use of: content enhancements which are teaching devices and routines to organize and

present curriculum content in an understandable and easy-to-learn manner; and learning

strategies instruction which focuses on developing active learners by teaching them how to

learn and how to use what they have learned to solve problems and be successful.

Over 60 staff from eight building teams attended representing middle and high schools in 4 , Laurel, Milford, Smyrna and Woodbridge School Districts as well as Positive Outcomes Charter

School. Participants included general and special educators in addition to reading specialists,

instructional coaches, and administrators. The teams will re-convene for two training days in

the winter and one training day in the spring. In between trainings, team members will receive

job-embedded coaching as well as support through an online forum. The initiative is funded

through a federal State Personnel Development Grant and implemented through the ACCESS

Project at the University of Delaware Center for Disability Studies

• The Systematic Processes for Enhancing and Assessing Communication Supports (SPEACS)

Communication Training was held on October 1, 2, and 3 with student-based teams from six

school districts. Over 70 school staff attended including special educators, speech language

k' pathologists, and school administrators as well as other related service staff and family

members. The training was provided by Drs. Jane Kleinert and Jacqui Kearns from the University

of Kentucky and focused on building communication systems for students with the most

significant cognitive disabilities. Teams developed action plans related to their targeted students and will receive tri-weekly, job-embedded coaching support provided by staff at the

ACCESS project (www.deaccessproject.org ) at the University of Delaware. In addition to the

training for school staff, a family evening was held on October 2 focused on effective communication strategies to support children with extensive communication needs. Over 25

families attended the event and received consultation on strategies to use at home.

• Standards -Based IEP training and coaching is continuing for the four districts trained from last

year. Those districts are Red Clay, Brandywine, Colonial and Woodbridge. This year two new

districts (Capital and Christina) will engage in training and in-person coaching. Five additional

districts will engage in training and on-line coaching. These districts include New Castle County

Vo-tech, Polytech, Sussex Tech, Cape Henlopen and Indian River.

Transition

• Project SEARCH has expanded to a second location in Kent General Hospital. Project SEARCH —

Kent County is a partnership between the Department of Education (DOE); Department of

Labor, Division of Vocational Rehabilitation (DOL-DVR), Bayhealth, and all Local Education

Agencies (LEAs )in Kent County. Capital School District is the host district for the program in this

location providing an instructor and paraprofessional. Additional partners include Community

Integrated Services (CIS) and Autism Delaware who will provide job coaches to ensure students

are receiving appropriate work supports during internship rotations.

The Project SEARCH High School Transition Program is a unique, business-led, one-year, school-

to-work program that takes place entirely at the workplace. Total workplace immersion

facilitates a seamless combination of classroom instruction, career exploration, and relevant

job-skills training through strategically designed internships. The goal for each student

participant is competitive employment. The program provides real-life work experience

combined with training in employability and independent living skills to help youths with

significant disabilities make successful transitions from school to productive adult life. Nini]

student interns from three Kent County LEAs (Capital, Milford and Smyrna) began classroom

instruction this school year.

Project SEARCH allows districts an additional avenue to ensure all students are college and

career ready, as well, it facilitates Governor Markell's National Governors Association platform:

A Better Bottom Line: Employing People with Disabilities which aims to increase employment

among individuals with disabilities.

• SPARC (Success Pathways and Roads to Careers) is designed to help students, youth and adults

connect with local employers, gain first-hand knowledge of the workplace and develop career

and college readiness skills. SPARC is a public/private partnership which involves state agencies,

schools, nonprofits and employers. Schools participating in this year's pilot include: Sussex

Technical High School, Dover High School, Appoquinimink High School, McKean High School,

Howard High School of Technology, Charter School of Wilmington and Central Middle School.

Representatives from each of the pilot schools recently attended 1/2 day training sessions which

included a deeper-dive into the SPARC initiative and hands-on training for the online platform,

cclnspire. To date, participation from 94 businesses and 196 career coaches has been secured,

along with the identification of 152 work-based learning activities. The official launch is set to

take place during two 1/2 day SPARC Expo events scheduled for November 12 (Delmarva

Conference Center, Newark) and November 14 (Wilmington University, Dover).

Assessment

• Professional development on the Delaware System of Student Assessments (DeSSA) Accessibility Guidelines was held across six half day sessions on September 25, 26, and 29. The

training focused on accessibility features of the state assessments including the universal tools,

designated supports and accommodations available on Smarter ELA and Math assessments.

Over 220 participants from 19 districts and 21 charter schools attended the training. Participants

included district and school test coordinators, special education coordinators, ELL coordinators,

RTI coordinators, counselors and building administrators.

ELL

• The Title III English Language Acquisition Program and Early Childhood offices convened the

Master Cadre training for the WIDA Early English Language Development Standards on Oct. 28-

30. WIDA Early Childhood experts provided training. Five districts (Colonial, Christina, Milford,

Red Clay and Seaford) are participating in the Early-ELDS implementation with a total of 22

participants. The next seven months will include monthly training through online Moodle

sessions for the Master Cadre members. This training will prepare them to assist district staff in

providing instruction for early dual language learners. Delaware is the second state in the nation

to implement WIDA's Early English Language Development Standards.

State Systemic Improvement Plan

• For two days each month, Exceptional Children Resources Workgroup meets to continue the

important work of development of the State Systemic Improvement Plan for children with

disabilities. In addition, monthly meetings are also held with the Advisory Council to validate

the work thus far. These meetings are facilitated by staff from the Mid-South Regional Resource

Center and the National Data Center. Through data review and analysis, we have identified a

State Identified Measurable Result of improving literacy for children with disabilities by 3rd

grade. This report is due into OSEP by April 1, 2015.