Low Incidence Funding CTEBVI Conference April 4, 2014

State Funds 56836.22 (a) Commencing with the 1985-86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5,

State Funds (cont’d) shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported on December 1 of the prior fiscal year, into the annual appropriation provided for this purpose in the Budget Act.

State Funds (cont’d) (b) The per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low-incidence disabilities in each special education local plan area (SELPA) to determine the total funds available for each local plan.

State Funds (cont’d) (c) The Superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities.

Definition of Low Incidence Disability means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12.

Definition of Low Incidence Disability (cont’d) For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof.  For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338.

2012-13 Funds The 2012-13 budget included $15,195,000 for low incidence funding. The funds were from two separate budget line items. One line item was for specialized equipment, books and materials. The second line item was for specialized services.

2012-13 Funds (cont’d) Of the funds appropriated in Schedule (1), up to $13,208,000, plus any cost-of-living adjustment, shall be available for the purchase, repair, and inventory maintenance of specialized books, materials, and equipment for pupils with low-incidence disabilities, as defined in Section 56026.5 of the Education Code.* *These funds went to SELPAs as an apportionment.

2012-13 Funds (cont’d) Of the funds appropriated in Schedule (1), up to $1,700,000 shall be used to provide specialized services to pupils with low-incidence disabilities, as defined in Section 56026.5 of the Education Code.* *These funds went to SELPAs as grants to SELPAs. SELPAs reporting 25 or fewer students were considered Sparse SELPAs.

2013-14 State Funds …up to $17,226,000, shall be available to provide special education and related services to students with low-incidence disabilities pursuant to their Individualized Education Program.* All of these funds will go to SELPAs as an apportionment. There will be no more grants.

2013-14 New Language Special education local plan areas (SELPAs) shall use up to $2,100,000 of these funds ($17,226,000) for career technical education or services for students with low-incidence disabilities. This will be included in the apportionment going to SELPAs.

Removal of Language In the past the legislation indicated that SELPAs should share the equipment with other SELPAs if it wasn’t currently needed. The language about SELPAs sharing equipment has been eliminated in the legislation.

Low Incidence Funding The funding is to supplement, not supplant other funding. The funding is for students with Individualized Education Programs (IEP) with low incidence disabilities reported in Disability 1 and 2 on the CASEMIS report. The funding is not to be used for students with 504 plans.

Role of the IEP Team 56341.1 (b) The individualized education program team shall do the following:…… (5) Consider whether the pupil requires assistive technology devices and services as defined in Section 1401(1) and (2) of Title 20 of the United States Code.

Role of the IEP Team (cont’d) (c) If, in considering the special factors described in subdivisions (a) and (b), the individualized education program team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification,

Role of the IEP Team (cont’d) in order for the pupil to receive a free appropriate public education (FAPE), the individualized education program team shall include a statement to that effect in the pupil's individualized education program.

Assistive Technology Services EC §§56020.5 and 56341.1 Title 5 §§3065 (b)(1) “Assistive technology (AT) service” means any service that directly assists an individual with exceptional needs in the selection or use of an assistive technology device that is educationally necessary.

AT Services (cont’d) The term includes the evaluation of the needs of an individual with exceptional needs including a functional evaluation of the individual in the individual's customary environment; coordinating and using other therapies, interventions, or services with assistive technology devices,

AT Services (cont’d) (2) Assistive technology services shall be provided only by personnel who possess a: (A) license in Physical Therapy issued by a licensing agency within the Department of Consumer Affairs, where the utilization of assistive technology services falls within the scope of practice of physical therapy as defined in Business and Professions Code section 2620 and implementing regulations; or

AT Services (cont’d) (B) license in Occupational Therapy issued by a licensing agency within the Department of Consumer Affairs; or (C) license in Speech-Language Pathology issued by a licensing agency within the Department of Consumer Affairs or a valid document, issued by the California Commission on Teacher Credentialing, where the function of the assistive technology service is augmentative communication; or

AT Services (cont’d) (D) baccalaureate degree in engineering with emphasis in assistive technology; or (E) baccalaureate degree in a related field of engineering with a graduate certificate in rehabilitation technology or assistive technology; or

AT Services (cont’d) (F) certification from the Rehabilitation Engineering and Assistive Technology Society of North America and Assistive Technology Provider (RESNA/ATP); or (G) a certificate in assistive technology applications issued by a regionally accredited post-secondary institution; or (H) a credential that authorizes special education of physically handicapped, orthopedically handicapped, or severely handicapped pupils.

Definition of Assistive Technology Device 56020.5 "Assistive technology device," as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs.

Definition of AT Device (cont’d) The term does not include a medical device that is surgically implanted, or the replacement of that device.

Use of AT at Home and in Community The AT must be considered a part of the requirements for a student with an IEP to a Free and Appropriate Public Education (FAPE). The IEP should indicate if the AT is needed at home or in the community to meet the student’s educational needs.

Independent Evaluation for AT An independent AT evaluation may be requested by a parent: “If the parent disagrees with an evaluation obtained by the public agency” 34 CFR §” or, “If they believe the evaluation conducted by the agency fails to address appropriately the child’s needs”. (Letter from OSEP)

Agency Response Under § 300.504 the public agency has the right to initiate a hearing to demonstrate that its evaluation is appropriate.

Placement The process for determining the educational placement for children with low-incidence disabilities (including children who are deaf, hard of hearing, or deaf-blind) is the same process used for determining the educational placement for all children with disabilities.

Placement (cont’d) That is, each child's educational placement must be determined on an individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability, and must be based on the child's IEP.

Placement (cont’d) We (ED) believe the LRE provisions are sufficient to ensure that public agencies provide low-incidence children with disabilities access to appropriate educational programming and services in the educational setting appropriate to meet the needs of the child in the LRE.

Role of CDE in the Process For low incidence funding CDE is to calculate the funding using the formula described in the budget; CDE is to ensure that students with low incidence disabilities get the services and devices described in their IEPs; CDE cannot require that these services and devices be paid for with low incidence funds.

Working Together What role should teachers of the visually impaired (TVIs) play in securing career and technical education for students with LI disabilities using LI funds? What role should TVIs play in developing and implementing the transition plan for secondary students with LI disabilities using these resources?

Special Education Consultant California Department of Education Contact Information Linda Wyatt, Ed.D. Special Education Consultant California Department of Education 916-322-3254 lwyatt@cde.ca.gov