For Those Who Care...

Transcription

1 For Those Who Care... A Newsletter from the West Virginia Advisory Council for the Education of Exceptional Children Fall/Winter For Teachers and Friends of Exceptional Children STATE BOARD RESPONDS Edited by Michael Sullivan, Ed.D. Executive Director THE WEST VIRGINIA BOARD OF EDUCATION S RESPONSE TO THE 2009 ANNUAL REPORT OF THE WEST VIRGINIA ADVISORY COUNCIL FOR THE EDUCATION OF EXCEPTIONAL CHILDREN The West Virginia Advisory Council for the Education of Exceptional Children (WVACEEC) is a state level committee mandated by federal and state law. Members are interested in the quality of education received by exceptional children and youth. The WVACEEC includes parents of and individuals with exceptionalities, educational service providers, administrators and representatives from a variety of related agencies. Participation is statewide and representative of diverse exceptionalities. The Council schedules and conducts regional meetings across the state to seek input and gain information about programs and services for exceptional students. The State Board of Education appreciates the efforts to identify the unmet needs of children with exceptionalities within West Virginia. The Board is pleased to respond to the recommendations presented at the Board s June 2010 meeting. Recommendation: Assessment Based on testimony received this year, the Council believes there is an urgent need to address three issues related to the assessment of students with disabilities. They are as follows: The Council continues to hear considerable testimony regarding the desirability of creating an alternate form of WESTEST II for the additional two percent of students permitted under the current provisions of the Individuals with Disabilities Education Improvement Act. The Council would therefore repeat a previous year s recommendation that the Department of Education pursue the development of such an assessment to meet the unique needs of students receiving instruction based on grade level CSOs but for whom the standard WESTEST II may not be appropriate. Such an assessment must be able to detect progress that WESTEST II may not be sensitive enough to identify. Testimony received this year indicates considerable variability among school districts - Continued to Page 2 WVACEEC MEETING DATES ANNOUNCED In order to meet its mandate under the Individuals with Disabilities Education Act (IDEA), the Advisory Council meets regularly in different geographic areas of the state. The charge of the Council is to identify and make recommendations regarding matters pertaining to the education of exceptional children in West Virginia. Upcoming meeting dates include: September October November 4-5 December 2-3 January March May 5-6 June TBA Greenbrier County (RESA IV) Tucker County (RESA VII) Hancock County (RESA VI) Jackson County (RESA V) Mingo County (RESA II) Jefferson County (RESA VIII) Putnam/Kanawha (RESA III) With State Board Please call our toll-free number ( , Ext ) to obtain details regarding meeting sites and tentative agendas. If you prefer, you may send to wvaceec@marshall.edu.

2 Page 2 For Those Who Care... Fall/Winter Continued from Page 1 regarding the numbers and percentages of students using extended standards and being assessed by the Alternate Performance Task Assessment (APTA). These differences have serious implications for how individual schools or local school districts meet AYP. For this reason, the Advisory Council recommends that a comprehensive review of APTA participation be conducted by the Department of Education to ensure the proper use of extended standards, that all districts apply existing participation criteria uniformly, and that the results of this review be reported to the Council during the coming year. The Council is aware of the discussions related to the possible adoption of a growth model for student assessment. Should that occur, the Council would recommend that the impact of the use of such a model on students with disabilities be carefully considered before implementation. The Board supports the desirability of creating an alternate form of the WESTEST 2 for the additional two percent of students with disabilities permitted under IDEA. The WVDE has explored the option of developing an Alternate Assessment based on Modified Academic Achievement Standards (AA-MAS) or the two percent assessment. A field study was completed in July 2009, through the General Supervision and Enhancement Grant (GSEG) which targeted the two percent population. The study results indicated that a majority of West Virginia special educators teaching students with disabilities (SWD) who participate in the WESTEST 2 and perform at the Novice level believe that their students should participate in an assessment which is less rigorous than the WESTEST 2 and more rigorous than APTA (i.e., the one percent test). Similarly, West Virginia teachers educating students with disabilities who participate in the Alternate Assessment based on Alternate Achievement Standards (AA-AAS) and perform within the Above Mastery level each year prefer a test that is more rigorous than the APTA and less rigorous than the WESTEST 2. Despite the need evidenced by the performance of students with disabilities on the current statewide assessments, several barriers exist that impede the development of a two percent assessment. First, funding for the development of a two percent assessment is estimated to be approximately two million dollars. West Virginia s application for AA-MAS development through GSEG was not funded by the US Department of Education. Secondly, although several states have an assessment that they consider to be an AA-MAS, only one state (i.e., Texas) has an AA-MAS that was approved through the US Department of Education peer review process. Consequently, the funding required to develop a two percent assessment does not guarantee its approval for use in the accountability context. Finally, West Virginia adopted the Common Core State Standards in English and mathematics in May The WVDE is a participating member of the Balanced Assessment Consortium and is exploring participation in the Multistate Enhanced Assessment Grant both of which address assessment of SWDs as aligned with the Common Core. The WVDE Office of Special Programs and Office of Assessment and Accountability reviewed APTA participation data and determined that additional guidance should be provided to counties as Individualized Education Program Teams determine APTA participation. The Office of Special Programs has developed a decision checklist which will be shared with county Special Education Directors. The draft of this checklist was shared with 150 teachers of SWDs during the APTA scoring June 8-11, The final document will be ready in September. The WVDE is considering adopting the growth model for student assessment. The growth model holds promise in applying a consistent approach to monitoring student achievement. This model measures a student s change in the scale score on the WESTEST 2 at two adjacent points in time. The student s scale score would then be compared to academically similar peers. Teachers could calculate the expectation for individual student growth and compare to the actual student growth. Adequate growth for students would be clearly measured thus assisting teachers of students with disabilities appropriately plan their curriculum. Recommendation: Discipline The Council commends the Department of Education and local school districts for the increased adoption of research-based behavior management systems such as Positive Behavior

3 Fall/Winter For Those Who Care... Page 3 Supports. Nevertheless, two issues related to discipline have come to the attention of the Council this year increased placements of students with disabilities in out-of-school environments and the use of restraint and seclusion. The Council therefore recommends: That the Department of Education review the placements of students in out-of-school environments to ensure that such placements meet the requirements of the Individuals with Disabilities Education Improvement Act That the State Board of Education and the Department of Education develop guidance for local school districts in the form of a policy on the use of restraint and seclusion that reflects the federal guidance on this issue. Although Individual County school districts may be employing out-of-school environment placements for students with disabilities as a result of disciplinary actions, annual educational environment data indicate out-of-school environment placements actually decreased from to Special Education: Out-of-School Environment is one of the continuum of placement options available to students with disabilities under IDEA and Policy 2419: Regulations for the Education of Students with Exceptionalities. Policy 2419 defines OSE as follows: Special Education: Out-of-School Environment The student s specially designed instruction and related services are temporarily delivered in: Data establish the following: Year A non-school environment, such as a public library, group home or mental health center; A medical treatment facility/hospital; or The home. Number of SWDs in OSE % of SWDs in OSE When a student is subject to disciplinary action, an out-of-school environment placement may occur in one of two ways: 1. A student with a disability may commit an action in violation of the Student Code of Conduct, receive a Manifestation Determination Review by an IEP Team that determines the behavior is not a manifestation of the disability and then receive disciplinary action following the rules for all students resulting in a long-term suspension or expulsion. Both Policy 2419 and IDEA require the student receive free, appropriate public education during the period of the disciplinary removal, therefore, the student may be served in an out-of-school environment during this period. This service should correspond to the period of disciplinary removal, and the student should return to school following this period. 2. A second way a student may be placed in SE: OSE is through the IEP Team process. As a result of a behavior issue, the IEP Team may meet and determine the student would benefit from a placement in SE:OSE. As indicated in Policy 2419, this should be a temporary placement until such time as the student s behavior can be brought under control to ensure safety to the student and others and/or until appropriate arrangements can be made for a safe placement in a school setting to provide FAPE. It should be noted some students deemed to have such significant health conditions by their physicians that it both results in a disability under Policy 2419 and requires extended absence from school may in fact receive SE:OSE placement as a way of providing FAPE that in effect is not temporary. IDEA does not require this placement to be temporary, and, if a student needs such placement for extended period of time to receive FAPE, this would be required. The Board shares the Council s concern that OSE placements for behavior reasons may sometimes be of such duration that the placement is not temporary but rather becomes an extended period during which the student receives only limited services. The Board agrees OSE is not intended as an alternative to providing appropriate services for students with behavior disorders and mental health issues due to lack of appropriate school services. Compliance with Policy 2419 discipline procedures has been a focus of OSP on-site monitoring visits is included in the Comprehensive Self-Assessment Desk Audit and is reviewed when districts fail to meet the Annual Performance Report target for suspension rate. During the OSP initiated a school-based mental health project to establish pilots in eight schools. The staff will appropriately provide three-tiered positive behavior supports and interventions within the school setting to prevent behavior and mental health problems Continued to Page 4

4 Page 4 For Those Who Care... Fall/Winter Continued from Page 3 and to enable students to attend and benefit from school. Concurrently, the OSP has begun extensive reviews of districts with significantly discrepant rates of suspension for SWD to begin to collect information related to this issue. The Board agrees onsite monitoring visits in will include review of OSE placements to ensure students are not being excluded for behavior issues for which services should be established within the school. In 2009 Secretary of Education Arne Duncan in response to a Government Accounting Office report regarding student deaths and injuries resulting from use of seclusion and restraint in public schools issued a letter to state superintendents calling upon all states to issue guidance on the use of seclusion and restraint prior to the school year to ensure the safety of all students. The Appalachian Regional Comprehensive Center collected information regarding seclusion and restraint laws and policies in the region. West Virginia has no law regarding these practices, but has the following requirements in Policy 2525: Universal Access to a Quality Early Education System: 8.14 Handling Behavior Problems: Staff members and other adults in a WV Pre-K classroom shall not handle behavior problems by: Restraining a child by any means other than a firm grasp around a child s arms or legs and then for only as long as is necessary for the child to regain control; Isolating a child without supervision or placing the child in a dark area. Federal legislation has not made its way through Congress with the speed originally anticipated, therefore while OSP has presumed that seclusion and restraint require no policy, because they are not appropriate, absence of policy and /or guidance does not serve us well as student needs and behaviors have become more challenging and staff turnover has put inexperienced teachers on the front lines with responsibility to ensure student safety. Therefore, in response to Council, the WV Board of Education agrees WVDE should establish guidance on the definition and limitations on the use of seclusion and restraint in WV schools, consistent with federal law when established by Congress. As we enter the school year, federal legislation and guidance have not materialized. It is time for WVDE to establish guidance, with policy to be promulgated if needed when the federal legislation is finalized. Agreement and consistency must be among WVDE offices involved in various aspects of this issue. Recommendation: Out-of-State Placements Consistent with a long-standing concern in this and past Annual Reports, the Council recognizes that the state lacks in-state facilities and programs needed to meet the highly specialized needs of some students. This sometimes results in court-ordered out-of-state placements that do not involve the IEP process and a consideration of Least Restrictive Environment as required by federal law. These placements then require the substantial diversion of state and federal funds from other state initiatives. The Council therefore recommends: That the Department continues to monitor such placements to ensure that the federal requirements for a free, appropriate, public education are met, That the State Board charge Department of Education staff with developing recommendations for expanding the state s capacity to meet the needs of these students within its borders rather than absorbing the high-cost expenditures required for services outside the state, and then report these recommendation back to the Board and the Council. The West Virginia Board of Education concurs with the long-standing concern and recognizes the need for in-state facilities and programs to meet the highly specialized needs of some WV students. The Office of Special Programs (OSP), Office of Institutional Education Programs (OIEP) and the West Virginia Department of Health and Human Resources (WVDHHR) are working in cooperation to address the need to expand the state s capacity to meet the behavioral health treatment and educational services of these students within the borders rather than absorbing the high-cost expenditures required for services outside the state.

5 Fall/Winter For Those Who Care... Page 5 The WVDHHR through the Bureau for Children & Families (BCF), the Bureau of Medical Services (BMS) and the West Virginia Department of Education (WVDE) conducted the first Out-of-State Facilities Standards Forum on June 28-29, 2010, which provided representatives from out-of-state residential facilities an opportunity become familiar with the standards and expectations of both State agencies. In addition, the OSP and the OIEP developed Out-of-State Residential Facility Educational Standards to assure the quality of education for all WV students who are placed in out-of-state facilities. The standards were developed in the areas of curriculum and instruction, special education and related services, safe and violence free schools, personnel and student records. The OSP monitors two groups of students with disabilities in out-of-state residential facilities; students placed by WVDHHR for non-educational purposes and students who are placed by local educational agencies (LEA). The WVDE and the WVDHHR have engaged in a collaborative effort to evaluate and monitor the quality of services provided by out-of-state facilities to ensure WV students are provided behavioral health treatment and educational services commensurate with acceptable standards as set for by both agencies. The OSP has monitored out-of-state facilities through on-site visits since Five facilities were monitored in The WVDE and WVDHHR joint monitoring reviews (desk audits and on-site monitoring) are scheduled to begin in FY11. The joint monitoring reports will be disseminated to individuals who directly influence the decision making process for out-of-state placements. The West Virginia Department of Education s OSP and OIEP continue to work with the omission to Study Residential Placement of Children and the Education of Children in Out-of-Home Care Advisory Committee to collaboratively address the issue of adequate and accessible mental health services for students with serious emotional and/or behavioral needs within WV. This is particularly important as the state establishes appropriate supports and services to serve students with mental health needs within the state rather than in costly out-of-state placements. Through this collaboration, the WVDE is identifying initiatives necessary to develop appropriate processes for identifying students who have mental health needs, identifying community and other agency resources and supporting and improving the provision of those services to the students within West Virginia. The out-of-state student enrollment has decreased from 416 in FY04 to 313 in FY 08, however the cost of these placements continues to increase. Ultimately, the goal is to further reduce the number of WV students placed in out-of-state facilities. Recommendation: RESA The Council recognizes the long-standing and valuable contributions made by RESAs in support of exceptional student services for member school districts. Historically, such contributions have included, but are not limited to, staff development and training, coordination of Medicaid billing, technical assistance to low-performing schools, the support of regional Response to Intervention Specialists and cost-sharing for speech, occupational and physical therapy services as well as the regional coordination of numerous Department of Education initiatives. For all of these reasons, the Council would recommend that the State Board of Education lend its influence to ensure the continued viability of the specialized services to exceptional students provided by RESA. The OSP has supported the employment of a regional special education coordinator/director at each RESA for over 30 years. The OSP has relied on the professional development coordination and technical assistance of these individuals to provide vital information to special education administrators and teachers and to lead systems change in promoting initiatives for improving services for students with exceptionalities. More recently, Policy 3233 has strengthened the relationship between WVDE and RESAs. RESAs are important partners providing technical assistance to schools in need of improvement and housing state staff best deployed at a regional level, such as WVEIS coordinators and Response to Intervention Specialists and related service providers. The WVDE recently reinforced the RESA role in systems change by designating regional teams and school based professional learning communities as the preferred vehicles for Continued to Page 6

6 Page 6 For Those Who Care... Fall/Winter Continued from Page 5 disseminating relevant professional development. During , the Board supported increased legislative support through state code changes and will continue to support RESAs generally and special education coordination in particular. During the academic year personnel from the Office of Special Programs will be assigned to RESAs to provide technical assistance. As part of the efforts to restructure, OSP work will remain focused on developing and implementing Best Practices through the RESAs. Recommendation: Professional Development Public hearings conducted across the state this year have revealed the need for new or expanded training related to a variety of topics. The Council therefore recommends that staff development/training efforts for the coming year address: How to provide instruction in core academic areas without the loss of critical life skills training needed by students having significant cognitive, physical or sensory impairments. Expansion of Response to Intervention (RtI) training in a fashion that assists more principals, counselors and other building-level professional personnel in understanding the responsibility of all school personnel to be held accountable for high quality, research-based interventions at all tiers of instruction. Provision of additional professional development and guidance about the decision-making criteria associated with movement within the tiered intervention process. The advent of the Global 21 Initiative and its emphasis on ensuring every child s success as citizens and workers in the 21 st century presents opportunities for all students to become self-directed, motivated learners who demonstrate the skills and knowledge that are fundamental to becoming successful adults in the digital world. The OSP is committed to developing a framework that addresses a functional and longitudinal curriculum for children and adolescents with disabilities and other special needs. To this end, the OSP will continue to work toward ensuring that professional development for special education teachers addresses the curriculum planning, design and delivery of standards-based curricula with appropriate emphasis on individualized and appropriate strategies, supports and interventions needed by students with significant cognitive, physical and sensory impairments. Students must be provided meaningful access to general education coupled with appropriate opportunities to gain the practical knowledge and skills needed to function as independently as possible as workers and citizens. The Board recognizes and supports the Council s recommendation for the provision of ongoing professional development related to the principles and practices of RtI. During the and school years, RESA-based RtI Specialists employed by the WVDE through a federal grant, Bridges to Literacy, provided substantial training and technical assistance to general and special education teachers and administrators. They work within and across RESAs to ensure compliance with RtI timelines stated in Policy 2419; analyze district/school data to determine priorities for training and support; and, deliver professional development related to implementing RtI administrative and instructional practices with fidelity. This work will continue through the duration of the grant which concludes in As the RtI process moves to the middle and secondary levels, it will become increasingly important to involve all stakeholders, including school counselors and other professional staff, in training opportunities. Ongoing, needs-based professional development related to accountability for high quality, research-based interventions can be accessed through the regional RtI Specialists, RESA Special Education Directors, and Office of Special Programs Coordinators. In March 2009, the Department developed Guidelines for Identifying Students with Specific Learning Disabilities. This guidance document includes processes for making important educational decisions for students across all tiers of instruction/intervention and procedures for identifying students with specific learning disabilities. Regional trainings introducing the guidelines were provided for all district special education staffs throughout spring The training

7 Fall/Winter For Those Who Care... Page 7 module is also posted online at osp/rtieligibilitytrainingmaterials.html. While West Virginia elementary schools have established the RtI infrastructure components (e.g., schedules for intervention, selection of intervention materials, provision of intervention staff) a need for deeper understanding and use of progress monitoring data in making instructional decisions is evident. Timelines for RtI implementation at the middle and secondary levels are July 2, 1011, and July 1, 2012, respectively, and training initiatives will be directed at these programmatic levels. The WVDE will continue to assist districts and schools by providing the important professional development and technical assistance needed to ensure appropriate decisionmaking processes are in place at all levels. Additionally, the Office of Special Programs will continue to monitor eligibility decision-making related to the identification of students with specific learning disabilities. This information will inform the development of guidance and training for district and school administrators and teachers. Recommendation: Graduation Requirements In its travels this year, the Council received testimony on two issues related to graduation requirements and types of diplomas. The Council recommends that the Department research the answers to the following two questions and provide clarification to the Advisory Council and the special education community in the coming year: What impact have the increased graduation requirements had on graduation rates for students with disabilities? What impact has the issuance of modified diplomas had on the calculation of the local school district graduation rates? The Board supports opportunities for all students to meet rigorous 21 st century graduation requirements for receiving a standard diploma. All students develop an Individual Student Transition Plan (Policy 2510) outlining courses toward earning a diploma. In addition, transition services (Policy 2419) are required for all students with disabilities at least by age 16. The number of students with disabilities receiving a modified diploma has shown an increasing trend. As students move through high school under the new requirements, analysis of this number of students with disabilities receiving modified diplomas and resulting post school outcomes is in order. The OSP maintains data on diplomas and conducts exit and one year follow-up surveys each year of students with disabilities exiting the educational system. Results for students receiving modified diplomas will be examined through analysis of this survey. The graduation rate for students with disabilities remained within the same range. Year All Students Students with Disabilities graduation data will include only students graduating with a regular diploma. This federal requirement is mandated to establish uniformity in reported data among all states. COUNCIL MEMBERSHIP CHANGES The Advisory Council would like to express its thanks to two retiring members. Tyra Clark and John Taylor, both parents of special needs children, have completed a three-year term with the Council. Both have devoted countless hours in support of the Council and its charge to identify the unmet needs of exceptional Children in the state. Their leadership, expertise and hard work will be missed. The Council would also like to welcome Patricia Homberg, recently named executive director of the Office of Special Programs at the WV Department of Education, as the WVDE liaison to the Council. Pat replaces Dr. Lynn Boyer who, after over five years in that position, accepted a position with the Council for Exceptional Children. Continued to Page 8

8 Page 8 For Those Who Care... Fall/Winter Continued from Page 7 COUNCIL OFFICERS SELECTED The Council would like to announce the unanimous selection of the officers for Ron Cantley, a Raleigh County school administrator, will relinquish duties as Chair but was named Chair-elect. Ron has provided superb leadership as Chair for the past two years. Billie Chapman, a parent representative from Cabell County, was named Chair for the coming year. Please join us in welcoming Billie and Ron to their new leadership positions. EDITORIAL POLICY For Those Who Care is a quarterly newsletter which attempts to disseminate current information regarding the delivery of educational services to exceptional children. The Advisory Council regrets that, due to lack of space and budgetary restrictions, the newsletter cannot reprint articles submitted for publication. However, the Council welcomes all correspondence reflecting the concerns of any person or group interested in the education of exceptional children. The receipt of communications will be acknowledged and provided to all council members for consideration at the next scheduled meeting. HELP! The Advisory Council is in the process of expanding the circulation of For Those Who Care If you have a friend, or know of an organization not on our distribution list, simply contact our office. The most current copy of the newsletter will be forwarded immediately. The Council office may be contacted during regular business hours. The office is located at the Marshall University Graduate College in South Charleston. The Advisory Council maintains a toll-free number ( ) for your convenience and may also be contacted locally at (304) or (304) West Virginia Advisory Council for the Education of Exceptional Children c/o Marshall University Graduate College 100 Angus E. Peyton Drive South Charleston, WV Nonprofit Organization U.S. Postage PAID So. Charleston, WV Permit No. 1093