September 27 th September 28 th September 29 th Office of Special Programs (OSP)

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Transcript of September 27 th September 28 th September 29 th Office of Special Programs (OSP)

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September 27 th September 28 th September 29 th Office of Special Programs (OSP) Slide 2 Data Sources Slide 3 Phyllis Veith Assistant Director Office of Special Programs Program Improvement Professional Development Slide 4 Superintendent West Virginia Department of Education Support Services Curriculum & Instruction Instruction Technical & Adult Ed. System of Support Legal Communi- cations Human Resources School Finance Finance Internal Operations Information Systems Slide 5 Pat Homberg Executive Director Office of Special Programs OSPDataOSPTargetedPrograms OSPMonitoring OSPFiscal OSP Communi- cations OSP Professional Development OSP Program Improvement OSPAccountability Slide 6 New Directors Legal Foundations Data Collection Resources Staffing Finance Professional Development Slide 7 Cabell..Karen Veazy FayetteDavid Cavalier Gilmer.Patty Louther Hampshire..Russ Conrad Marshall.Shelby Haines Mason.John Lehew Monongalia.Tiffany Barnett Morgan..Terry Riley Pocahontas.Diane Delfino Putnam..Annette Pratt Ritchie.Deborah Bever UpshurTina Lou Edwards Lincoln...Dana Snyder New Directors Slide 8 Slide 9 Slide 10 Office of Special Programs (OSP) Organizational Chart Office of Special Programs (PreK-12) Executive Director: Pat Homberg Fiscal/ Data/ Targeted Programs Program Improvement/ Professional Development Monitoring/ Accountability Assistant Director: Sandra McQuain Assistant Director: Phyllis Veith Assistant Director: Ghaski Browning Coordinators: Annette Carey Lanai Jennings Ruth Ann King Vickie Mohnacky Betsy Peterson Coordinators: Francie Clark Mary Pat Farrell Ginger Huffman Kathy Knighton Ellen Oderman Linda Palenchar Karen Ruddle Allen Sexton Valerie Wilson Coordinators: Debbie Ashwell Matt Dotson Loraine Elswick Kathy Hudnall Ann Monterosso Allen Sexton Vacant Slide 11 Slide 12 Policy 2419: Regulations for the Education of Students with Exceptionalities Slide 13 Child Find Multidisciplinary Evaluation Eligibility Individualized Education Program Procedural Safeguards Discipline Slide 14 WV Policy 2419 Indicator Checklist Full Instructional Day Classrooms in proximity to age appropriate peers Classrooms adequate/ comparable Child Find activities Developmental/ sweep screening 3-5 year olds with timelines Summary of Performance on file Reevaluation/ Annual Reviews within timelines Clearly documenting EC Data Students served with age-appropriate peers Slide 15 Transfer of rights provided 1 year prior to 18 File reviews meet 80% compliance Per period caseload limits are met Discipline procedures followed when it is not change of placement Discipline procedures followed when it is change of placement All services on IEP implemented Reports submitted on time Confidentiality requirements followed Procedural Safeguards provided Prior Written Notice provided Slide 16 OSPData OSPTargetedPrograms OSPFiscal OSP Communi- cations OSP Professional Development OSPAccountability OSP Program Improvement OSPMonitoring Slide 17 Dr. Sandra McQuain Assistant Director Office of Special Programs FiscalData Targeted Programs Slide 18 WHAT IS DUE PROCESS? Slide 19 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Fourteenth Amendment Section 1 Slide 20 Brown v. Board Of Education 347 U.S. 483 (1954) PARC v. Commonwealth 1972 All children can learn Denial of due process Equal protection - FAPE; equal opportunity for ed/training appropriate to childs capacity Differing resources for differing objectives 343 F. Supp. 279 (E.D. Pa. 1972), Early Legal Foundations of Special Education Slide 21 Failure to provide education to exceptional students Excluding, suspending, reassigning without due process (hearing) Compulsory attendance laws presuppose availability of education Interest in educating children must outweigh preserving financial resources 348 F.Supp. 866 (D. DC 1972) Mills v. D.C. Bd. Of Educ. (1972) Slide 22 U.S. Constitution Federal Statutes Public Law United States Code (42 USC) Federal regulations Code of Federal Regulations (34 CFR 300 ) Federal Case Law U.S. Supreme Court (U.S or Sup. Ct.) U.S. Court of Appeals 4 th Cir.; F. 2d; F 3d U. S. District Court S.D. WVa.; F. Supp. Hierarchy of Law Slide 23 WV Constitution WV State Courts WV Code - 18-20-1 Administrative Regulations: WV Board of Education Policy Policy 2419: Regulations for the Education of Students with Exceptionalities Policy 4350: Procedures for the Collection, Maintenance and Disclosure of Student Data Hierarchy of Law Slide 24 Free appropriate public education (FAPE) Zero reject Due process Protection in evaluation Least restrictive environment Parent participation Confidentiality of student records Education for All Handicapped Children Act PL 94-142 EHA (1975) Slide 25 Access to general curriculum Extended school year Accountability for student progress Positive behavior interventions/discipline More emphasis on parent participation Requirements added IDEA 97 Slide 26 Began to align IDEA with ESEA Assessment for all students Special education teachers must be highly qualified Schoolwide programs Special rule for eligibility determination Requirements added IDEA 2004 Slide 27 Changed eligibility for SLD Provide a special rule for eligibility determination. A child must not be determined to be a child with a disability under 34 CFR Part 300 if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);lack of appropriate instruction in math; or limited English proficiency. [34 CFR 300.306(b)(1)] [20 U.S.C. 1414(b)(5)] IDEA 2004 Slide 28 Discipline Added unilateral removal for serious bodily injury Changed definition of manifestation caused by or direct/substantial relationship to the disability Disproportionality Race/ethnicity identification Suspension Coordinated Early Intervening Services Funding http://idea.ed.gov/explore/home IDEA 2004 Slide 29 Special education and related services: At public expense Meets state standards - IGOs, assessment Includes preschool, elementary, secondary Provided in accordance with an IEP Under IDEA 97: Includes students removed from school Includes extended school year Board of Educ. v. Rowley, 458 U. S. 176, 1982 Irving Ind. Sch. Dist. v. Tatro J.H. ex rel. J.D. v. Henrico County School Board, 326 F.3d 560 (4th Cir. 2003) ESY Free Appropriate Public Education Slide 30 ALL STUDENTS CAN LEARN ALL STUDENTS HAVE A RIGHT TO EDUCATION Timothy W. v. Rochester, N.H. Sch. Dist., 875 F. 2d 954 (1 st Cir., 1989) Zero Reject Slide 31 Nondiscriminatory methods and materials Use more than one measure Validated for use Given in native language/mode of communication Protection in Evaluation Slide 32 Notice and consent Notice of/opportunity to attend meetings; placement or FAPE re: identification, evaluation, educational Notice of proposal/refusal to initiate/change placement or FAPE re: identification, evaluation, educational Consent - initial evaluation/reevaluation, initial placement Parents right to revoke consent Due Process and Parent Participation Slide 33 Independent Educational Evaluation Surrogate parent Complaints Due process hearings Mediation Access to records Discipline Unilateral placement by parents Civil actions/attorney fees Additional Procedural Safeguards Slide 34 To the maximum extent appropriate, students with disabilities are educated with those who are not disabled. Removal from regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with supplementary aids/services cannot be achieved satisfactorily. Least Restrictive Environment Slide 35 Determined annually, based on IEP As close as possible to students home Continuum of alternative placements Consideration of harmful effects on the child/quality of services Not removed solely because of needed modification in general curriculum Placement Slide 36 Board of Educ. v. Rowley Timothy W. v. Rochester, N.H. Sch. Dist. Irving Ind. Sch. Dist. v. Tatro Cedar Rapids Comm. Sch. Dist. v. Garret F. Burlington Sch. Comm. v. Dept. of Educ. Mass. Florence Co. Sch. Dist. v. Carter Hartmann v. Loudoun Co. Bd. Of Educ. Hartman v. Loudoun County Bd. of Educ., 118 F.3d 996, 1000-01 (4th Cir. 1997). Honig v. Doe removal up to 10 days for immediate threat; TRO for more days Selected Special Education Cases Slide 37 LRP Publications http://www.lrp.com/ Thompson Publishing www.thompson.com Wrightslaw (free) http://www.wrightslaw.com/ Resources Slide 38 Break 15:00 minutes GOGO Slide 39 Dr. Sandra McQuain Assistant Director Office of Special Programs FiscalData Targeted Programs Slide 40 Agenda Distribution of IDEA entitlement funds Allowable costs/use of funds High Cost Fund IDEA Out-of-State/Out-of-County (state aid) Assistive technology Excess cost Maintenance of effort Coordinated Early Intervening Services Private schools Federal grants management and compliance Timely liquidation Budget transfers Inventory management Time and effort Slide 41 PROGRAM OBJECTIVES IDEA 2004 Special Education Section 611, Part BSection 619, Preschool Students 3-21Students 3-5 School Age Preschool CFDA: 84.027CFDA: 84.127 1)children with disabilities have available to them a free appropriate education (FAPE) 2)protect rights 3)assist agencies, districts with the education of students with disabilities (SWDs) with disabilities 4)assess and ensure effectiveness of efforts to educate children with disabilities Slide 42 IDEA Regulations: DISTRIBUTION OF FUNDS Distribution of funds (34 CFR 300.704-300- 705; 300.812-300.817) High risk pool (34 CFR 300.704(c)) Formulas and