AUSD Special Education Update FCMAT & Self Review Follow up January 22, 2008

Special Ed Update Review  Special Ed History Prior to 1975 No Required special ed 100,000+ students out of school Federal law created from multiple law suits  Litigation continues OAH: 723 cases closed in first quarter of % re autism  Law Requires FAPE to all qualified disabled students Without regard to cost Without regard to availability of services In all areas of need Courts decide FAPE when districts & parents can’t agree

What are the costs? (06-07)  Total Special Ed Revenue:$7,565,645  Special Ed Base Revenue:$1,669,649  Total Revenue:$9,235,294  Expenditures($14,033,417)  GENERAL FUND CONTRIBUTION:$4,798,123  Gen Fund % of Expenditures34.19%

07-08 Anticipated General Fund Contribution Increases  $807,116 Increase  WHY!!! Lack of available personnel  Contracted Speech Therapist doubled  Vast majority of new teachers are interns thus requiring targeted on-going support  Unable to hire open position for psychologist  Unable to hire paraprofessionals Increased complexity of needs (autism)

Anticipated Speech Cost Increase  : 4 Contracted District Speech plus 4 IEP based private speech = $331,4939  : 9 Contracted District plus 5 IEP based private speech = $959, Budget: $374,883(includes open position salaries) **$584,217 Budget shortfall

What if we say we can’t/won’t?  Doe V Withers: Civil Action No. 92-C-92 “The Defendants, acting under color of state law as public school teachers, principals, administrators, and the board of Education, deprived the Plaintiff, D.D. of his statutorily protected civil right to a FAPE…”  Courts will find that the District did not offer FAPE and order payment for private services and compensatory education.

What to do!  Get it! Work with reality.  Continue to assess infrastructure/system  Build legally defensible programs  Invest in quality assessments  Focus on recruitment and retention of qualified staff  Understand and prepare for trends  Pay now or triple later  Join efforts for equitable funding

AUSD Special Ed & FCMAT  Requested during due to increasing Litigation costs & parent complaints Increasing NPS and NPA costs Staffing problems and low staff morale  FCMAT Team made 113 recommendations  AUSD Response: Build one, unified educational system Develop better communication systems with staff & parents Implement specialized instruction Respond to special populations (autism) Address compliance

Status of FCMAT work  One Unified System Elementary Special Ed teachers participating in structured interventions SIM work at secondary level Director meeting with executive cabinet Not done: Well articulated RTI model  Communication System Initial procedural manual completed Some Program brochures for families Scheduled Special Ed. information nights Not done: District Advisory Committee

STATUS of FCMAT Work  Specialized Instruction = Ed Benefit Staff development on Ed Benefit SIM staff development Some TSA support to new teachers Medi-Cal Billing by psychs and DIS Not Done: Recruitment with results  Response to special populations Added 2 autism classes NPA in-class support to autism programs & teachers Staff development in social competence Not Done: Collaborative structures for 18-22

Status of FCMAT Work & SESR  Compliance Systems SEIS Implemented Completed SESR student corrective actiions Staff development on SESR findings Special Ed. Coordinators Not Done: Advisory Committee oversight  SESR Process Spring 07 Parent Survey Fall files reviewed on multiple compliance items  SESR outcomes 59 Student Corrective Actions (completed) 10 Areas of Systemic Correction (due 3/31/08)

Beyond FCMAT & SESR Future Shock  The “Information” Age/The Misinformation Age Internet information readily available Chat rooms  Autism 1400% Increase since 1993 Needs in multiple domains 36% of litigation/legally defensible programs  Personnel Shortages Speech therapist/NPA costs tripled 100% of new teachers of mod/severe/Interns Most of all new special ed. teachers are interns or on special permits. Open positions remain vacant to date  non-high grad population growing

Beyond FCMAT & SESR Litigation and Advocacy  Continuing Litigation & Advocacy: 2007  27 Students in AUSD 17 with attorneys 10 with advocates 4 Students never attended in AUSD 54 % with autism 100% had defensible offers for Two hearings: District prevailed in both Federal litigation for two students  Litigation is on a 365 day calendar

Recommendations for Implementation Item Cost Goal Specialized Programs Added preschool autism class Added K-5 autism and 6-8 Aspergers programs to meet increase population At this time, current programs appear adequate (though full) for the population. Mitigate disability impact. Reduce litigation and NPS. * *Zero negative litigation in autism in Staffing for specialized instruction Used Education specialist position for Asperger’s program. Reduce need for restrictive placements and NPS increases Support to Intervention 1.6 FTE TSA (neutral due to school closure) Lost.5 FTE TSA due to late increase in RSP caseloads 1.0 FTE TSA for intern teacher support & behavior intervention (70,000) Legally defensible programs staffed by teachers not yet fully credentialed; increased support to staff with students with behavior problems Administrative Unit.6 FTE NPS Psych.Eliminate Prog Specialist/Add Coordinators Add 2.2 FTE School Psychologists ($220,000)* *Intern Alternative Support unified ed. effort/reduce NPS & litigation.

Rationale for additional Psychologists  Corrective Action for Special Ed Self Review (SESR)  FCMAT report recommendations Reduce legal costs by performing thorough assessments Need to provide counseling services…not possible on current staffing  Increase recruitment & retention of psychologist by aligning student/psychologist ratio to near state average AUSD current ratio 1957:1 (K-12) State ratio: 1409:1 (K-12)  Psychs are responsible for assessing any Alameda private school student suspected of having a disability. (Preschools & K-12: 12 schools)  Provide mental health support to whole school site, especially during periods of school-wide or individual crisis.  *Alternative Option: Continue third year intern program supported by.4 FTE of senior psychologist: Cost: $90,000 (Short term solution)