Legislation and Policy Framework

Transcription

1 PUT Special TITLE HERE Education Module # 1 Legislation and Policy Framework Special Education Policy and Programs Branch (SEPPB)

2 Roots of Ontario Special Education Legislation and Policy Bill 82 (1980), An Amendment to the Education Act: Universal access: right of all children, condition notwithstanding, to be enrolled in school; Early and ongoing assessment; Provision of special education programs and services; Establishment of Identification, Placement and Review Committees (IPRCs), School Board Special Education Advisory Committees (SEACs); and School Board Special Education Plans. Full implementation: September 1, 1985 Regulations developed to ensure phased-in implementation; Policy and Legislation were process driven, similar to U.S. 2

3 Legislative Framework The responsibilities of the Minister are set out in subsection 8(3) of the Education Act. According to subsection 8(3), the Minister "shall ensure that all exceptional children in Ontario have available to them... appropriate special education programs and services... and shall provide for the parents or guardians to appeal the appropriateness of the special education placement...". Subsection 8(3) of the Act also states that the Minister shall require boards to: implement early and ongoing identification procedures; employ the definitions of exceptionalities provided by the Ministry. Section 170 (1), paragraph 7 states that all boards must provide special education programs and services to students who have been identified as exceptional pupils. This requirement also extends to pupils who attend school earlier than age six (students in JK/K) and to students with special education needs up to age 21. Ontario Regulation 181/98 sets out specific procedures for: The identification and placement of exceptional pupils; The regular review of the identification and placement of an exceptional pupil; and The appeal of identification and/or placement decisions with which parents disagree. 3

4 Special Education Programs and Services The Education Act (S1) describes special education program and special education services: special education program means, in respect of an exceptional pupil, an educational program that is based on and modified by the results of continuous assessment and evaluation and that includes a plan containing specific objectives and an outline of educational services that meets the needs of the exceptional pupil; special education services means facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program. Each board determines, through the development of its Special Education Plan, the range of special education programs and services that are required to meet the needs of its pupil population. In determining the range of programs and services to be offered, boards are required to obtain the advice of the Special Education Advisory Committee (SEAC). 4

5 Special Education Advisory Committees Subsection 57.1(1) of the Education Act requires every district school board and school authority to establish a SEAC. The composition and duties of this committee at both district school boards and school authorities are set out in Regulation 464/97, as are most of the procedural matters related to its operation. The members of the committee include representatives of parent associations, trustees and Native representatives, and may include additional members who do not belong to any of these groups. The SEAC s responsibilities are: to make recommendations to the board in respect of any matter affecting the establishment, development, and delivery of special education programs and services for exceptional pupils of the board; to participate in the board s annual review of its special education plan; to participate in the board s annual budget process as it relates to special education; to review the financial statements of the board as they relate to special education; to provide information to parents, as requested. 5

6 Individual Education Plans (IEPs) Since exceptional students have learning needs that differ from the general student population, school boards are required to develop an Individual Education Plan (IEP) for each exceptional student within 30 school days of the start of the student s placement. School boards also have the discretion to develop an IEP for students who have not been formally identified as exceptional. An IEP describes the student s learning strengths and areas of need. It identifies the special education program and services that will be provided to the student. The school principal is responsible for ensuring that an IEP is developed in consultation with the parents and the student (if 16 years of age or older). 6

7 Identification, Placement and Review Committee (IPRC) Decisions A school board is required to establish one or more Identification, Placement and Review Committee (IPRC) to identify exceptional pupils and determine appropriate placements for them. In making its decision, the IPRC considers an educational assessment of the student and may consider health and/or psychological assessments as well. Where the IPRC has identified a student as exceptional, the decision will include the category and definition of any exceptionality identified, as defined by the Ministry of Education. An IPRC review meeting must be held once within each school year, unless the principal of the school receives written notice from the parent dispensing with the annual review. Also, an IPRC review cannot be made more often than once in every three-month period. Ministry Defined Categories of Exceptionality Behaviour Autism Deaf and Hard-of-Hearing Language Impairment Speech Impairment Learning Disability Giftedness Mild Intellectual Disability Developmental Disability Physical Disability Blind and Low Vision Multiple Exceptionalities 7

8 Placement Options Regulation 181/98 requires that an IPRC shall, before considering the option of placement in a special education class, consider whether placement in a regular class, with appropriate special education services: would meet the student s needs; and is consistent with parental preference. Parents who disagree with an IPRC identification and/or placement decision may appeal to a School Board Appeal Board and, thereafter, to the Ontario Special Education Tribunal. Options for Placement Regular Classroom with Indirect Support Regular Classroom with Resource Assistance Regular Classroom with Withdrawal Assistance Special Education Class with Partial Integration Special Education Class Full Time 8

9 Special Education Tribunals Subsection 57(1) of the Education Act requires the establishment of one or more Special Education Tribunals. English and French Special Education Tribunals were established in 1983 by Order in Council. The Ontario Special Education Tribunals are the final level of appeal (within the education system) for parents who are unsatisfied with the identification and/or placement decision of the school board Identification, Placement and Review Committee (IPRC). As quasi-judicial agencies, the Tribunals must operate independently from the Ministry in the adjudication of cases. 9

10 Numbered Policy/Program Memoranda (PPMs) With specific reference to the delivery of special education programs and services, PPMs have been issued on the following subjects: Policy/Program Memorandum No. 1, Ontario Schools for the Blind and Deaf as Resource Centres This memorandum advises that the Provincial Schools for the blind and deaf are mandated to provide resource services to school boards. It also identifies what services are available to school boards without charge. These services include audiological services, psychological services, educational consultation, professional development, learning materials, and media. A list of Provincial Schools is also provided. Policy/Program Memorandum No. 8, Learning Disabilities This memorandum gives definitions of learning disabilities, and provides information on identification processes, programming, and resources available to school boards. Policy/Program Memorandum No. 11, Early Identification of Children's Learning Needs This memorandum sets out the requirements for procedures for early identification of children's learning needs. It lists some of the principles of early identification and gives information about resources to assist in the early identification process. Policy/Program Memorandum No. 59, Psychological Testing and Assessment of Pupils This memorandum, which focuses on psychological testing and assessment of students, provides the principles on which school boards should base decisions regarding the use of such services. Policy/Program Memorandum No. 76C, Alternative Educational Programs and Services for Deaf, Blind, and Deaf Blind Exceptional Pupils This memorandum outlines the educational programs and services offered by school boards that are an alternative to the Provincial Schools for blind, deaf, and deaf blind students. It also articulates the philosophies underlying these services. 10

11 Numbered Policy/Program Memoranda (cont d) Policy/Program Memorandum No. 81, Provision of Health Support in School Settings) This memorandum focuses on the provision of health support services in school settings and the roles of the individual personnel and organizations involved. This memorandum is supplemented by Interministerial Guidelines for the Provision of Speech and Language Services and A Model for the Provision of Speech and Language Services. Policy/Program Memorandum No. 85, Educational Programs for Pupils in Government Approved Care and/or Treatment Facilities This memorandum is concerned with education programs for pupils in government-approved care and/or treatment facilities. Policy/Program Memorandum No. 127, The Secondary School Literacy Graduation Requirement This memorandum concerns the provision of accommodations, deferrals, and exemptions for students taking the Ontario Secondary School Literacy Test (OSSLT). Policy/Program Memoranda No.140 Incorporating Methods of Applied Behaviour Analysis (ABA) Into Programs For Students With Autism Spectrum Disorders (ASD) The purpose of this memorandum is to provide direction to school boards to support their use of applied behaviour analysis (ABA) as an effective instructional approach in the education of many students with autism spectrum disorders (ASD). This memorandum establishes a policy framework to support incorporation of ABA methods into school boards practices. The use of ABA instructional approaches may also be effective for students with other special education needs. Policy/Program Memoranda No.149 Protocol For Partnerships With External Agencies for Provision of Services by Regulated Health Professionals, Regulated Social Service Professionals, and Paraprofessionals The purpose of this memorandum is to provide direction to school boards concerning the review and/or development of a local protocol for partnerships with external agencies in the areas of regulated health professionals and regulated social service professionals (Professional Student Services Personnel and Paraprofessionals). 11

12 Links to Useful Resources Highlights of Regulation 181/98 Special Education Transformation: The report of the Co-Chairs with the Recommendations of the Working Table on Special Education Education For All: The Report of the Expert Panel on Literacy and Numeracy Instruction for Students With Special Education Needs, Kindergarten to Grade 6 The Individual Education Plan (IEP), A Resource Guide Shared Solutions- A Guide to Preventing and Resolving Conflicts Regarding Programs and Services for Students with Special Education Needs 12

13 Links to Useful Resources (cont.) Planning Entry to School A Resource Guide Transition Planning: A Resource Guide Effective Education Practices for Students with Autism Spectrum Disorders IEP Samples, Learning for All K-12 (draft) and other Special Education Resources 13