Special Education Challenges and Solutions

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1 Special Education Challenges and Solutions Presented by Bernie Miller Director for Education Services Pennsylvania State Education Association

2 Intro 30 years as certified special education teacher, Delaware Co. IU #25 Adjunct professor for West Chester University Gaskin Advisory Panel member PA Special Education Advisory Panel member and current chairperson PSEA Special Education Board member volunteer PSEA Director for Education Services Husband and parent Today we will explore special education. The field is ever changing. This creates both challenges and opportunities. Goals include helping you to keep abreast of this field. Looking for solutions in times of stagnate budgets, informed constituents, extensive regulations, assessments, etc. 2

3 Welcome 3

4 Special Education Funding Legislators and the Governor signed new funding formula for special education (spring 2014). Activated if and when new funds were allocated. $20 million were allocated during the summer so we have a new funding formula 4

5 Inclusion Making adequate progress Full curriculum vs. modified curriculum Goals found in IEP SDI (specially designed instruction) Gaskin Class Action case - water over the dam Power of IEP teams Use action plan concept - who, what, when, where, and how SPEAK UP Ask plenty of questions Just saying NO will not work Bring the manual/book to the meeting representing the work to be covered in the course by the student. Outcomes For the course Transition at graduation- keeping the end in mind 5

6 Questions Can you tell me more about.? What do you mean by? Do you have anything to share with us to support your request? How do you feel about? What else has been tried so far? What will happen in the long run if we continue as it is now, or if we change to? Could you help us understand what you are asking for (or proposing)? 6

7 New Indicator 17 PA Bureau of Special Education submitting to OSEP (U.S. Office of Special Education Programs) a target to raise the graduation rate. Target districts that do not have lowest hanging fruit. Methods will be used will be drop out prevention practices. Zero in on emotional disturbance and students with disabilities that are Hispanic and Black. 7

8 Districts Selected for Pilot Indicator #17 West 1. Albert Gallatin Area School District 2. Erie City School District 3. Pittsburgh School District 4. Uniontown Area School District Central 1. Chambersburg Area School District 2. Jersey Shore Area School District 3. Lancaster School District 4. Lebanon School District East 1. Achievement House Charter School 2. Bethlehem Area School District 3. Centennial School District 4. Philadelphia City School District 8

9 Behavior Plans Part of the IEP so they must be followed. Implementation issues should be brought to the attention of either administration or the IEP team. Special education teachers and behavior specialists can be of assistance in problem solving. Behavior plans can be revised through the IEP process. Phone calls between parents and case manager Documented changes in the IEP Share changes with staff working with the student 9

10 Behaviors Plans must be positive. Restraints will not be listed in the IEP for the convenience of staff. Restraints only when student is a danger to themselves, other students or you. Suspensions- 10 and 15 day regulations Suspensions- In-school and how IEP goals tie in. 10

11 Smart Phones and Video Taping Create Serious Headaches Parental permission different than the school district s public relations permission slip. Capturing additional students on the recording can potentially break confidentiality of other students. Can be breaking federal wiretapping laws if video is sent to another person s device. Phone becomes part of student record and you would have to turn the phone into the employer. 11

12 Question Can a student with emotional support needs be suspended? 12

13 Question - Can a student with emotional support needs be suspended? Yes but 10 and 15 day rule Manifestation determination Functional Behavioral Assessment (FBA) In-school suspensions and instruction related to measurable annual goals Is there a need for a new evaluation? Who is talking to the student s health professionals? Communication with parents and home school district 13

14 Class Make Up HQ - Highly qualified is a federal requirement. Lack of HQ requires the LEA to send letters to parents. Class can be 100% special education students with a HQ teacher. Critical is that these students must have LRE Penn Data that reflects that they are spending hours outside of general education (or a complaint can be filed). Classes made up of up to 90% special education can be considered general education classes and the Penn Data can reflect that it is general education hours. The real question is about student progress. 14

15 Parent absence at IEP meeting Let parents know about alternate means of participation (hint - technology). Some LEAs support parents by providing child care and transportation to and from the meeting. Document all contact with parents to invite them to the meeting. IEP invitation Phone calls Registered mail Home visit Reminder notices (regulations do not have 3 strikes and you are out) 15

16 Question What is the difference between bullying and bullying harassment related to students with IEPs? 16

17 Question - What is the difference between bullying and bullying harassment related to students with IEPs? Bullying harassment is related to the student s disability. Can involve Section 504 and financial implications for staff and the school. Interventions must be implemented and documented. 17

18 Disability Harassment Lack of a plan or lack of implementation can create a situation in which a parent can sue you personally. Bring issue to the attention of administration if you observe an incident. Bring issue to the attention of administration if a parent shares a case(s) of disability harassment. Implement the plan with fidelity. 18

19 Equal Access to Activities Discussion point at IEP meetings. Reasonable accommodation is one that does not fundamentally alter the activity. Students would be allowed to participate in the tryout process but there can be performance standards that the student must meet for competitive program. Make sure that the evaluation rubric has only essential functions of the activity. Maintain evaluation forms for several years (at least 2). Can not require that the parents participate or the child is denied the opportunity. 19

20 Question Can a parent audio tape an IEP meeting?? 20

21 Question - Can a parent audio tape an Depends!!!! IEP meeting? Is it for access due to the parent s disability or they have English as a Second Language? Parents would have the right to audio tape. LEA would have the right to deny a parent the right to audio tape if it was for possible legal action. 21

22 Paraprofessional Support Regulations do not address the need of paraprofessional support for classes based on size or number of students with IEPs. Personal care assistants and paraprofessionals are provided by the LEA. Some personal care assistants and paraprofessionals are required based on IEPs developed for specific students. The salaries are typically paid for by the LEA (local education agency that commits the resources). 22

23 Chapter 4 & Keystone Exams Graduation by IEP goals Algebra, Biology, and English Literature English Composition and US Government and Civics (under development and voluntary) Remediation PASA - Project MAX Transcripts SEAP has recommended to PA Bureau of Special Education that a Q and A be developed and distributed to parents and educators. Name change - PA Core Standards 23

24 Thank you for your participation 24