Let’s Talk About Special Education Exceptional Children Division July 2013

Let’s Talk About The Law

North Carolina Policies IDEA 2004 Article 9 Section 504 FERPA North Carolina Policies Give out copies of Fed. Regs, Art. 9, State policies 504 questions should be directed to Elissa Brown 919-807-3987 FERPA- you may want to read this on line http://www2.ed.gov/policy/gen/reg/ferpa/index.html

Let’s Talk About Staff Requirements

Employ licensed, highly qualified EC teachers. As you all are aware, Charter Schools may employ 50% non certified staff for secondary schools and 75% for elementary Schools. This does not apply to the EC staff. They must be certified.

Let’s Talk About The IEP Team Required Membership NC 1503-4.2 34 CFR 300.321 Page 80 of NC polities

The parent(s) NC 1500-2.24 34 CFR 300.30 Definition of Parent Look at page 14 in NC policies for the definition of parent Talk about divorce and custody When you can have an IEP meeting without a parent

Not less than one regular education teacher of the child, Not less than one special education teacher of the child,

LEA representative, An individual who can interpret the instructional implications of evaluation Qualifications of an LEA rep.---Page 80 of NC policies

All decisions about an IEP are: Remember All decisions about an IEP are: Made by a team, Based on the individual needs of the child, and Not based on administrative convenience, schedules, personnel, or money.

Let’s Talk About Continuum of Services NC 1501-3.2 34 CFR 300.115

A full continuum of alternative placements must be available to meet the needs of children with disabilities for special education and related services. Page 27 in state policies Continuum and transfer students/ comparable services page 83 nc policies Don’t change the continuum just because…. Remember the LEA has to provide prior written notice explaining why the action was taken and what data was used to support the decision

So……. Don’t say or post on your website, “We only do total inclusion”.

Let’s Talk About Discipline for Students with Disabilities NC 1504-2 through 1504-2.2, 1504-2.5, 1504-2.7, and 1504-2.9 34 CFR 300.530 through 300.531, 300.534, and 300.536 Article 9 of Chapter 115C-107.7;106.3 as amended Page 102-108 in NC policies

What constitutes a removal? When do the removals constitute a disciplinary change of placement? What is a manifestation determination and when is it required? What is the requirement for services? What about homebound services? Training Module 15 on EC website http://www.ncpublicschools.org/ec/policy/presentations/

Let’s Talk About Statements to Avoid

“We can’t/don’t do that here.” “We only do inclusion.” “We will make that up next year.” “We are closed in the summer, so we don’t offer extended school year.” “Take him home for a few days to cool off.” “ We did not expel him, we excluded him.”

What do you want to talk about?

Monitor Contact Information Regions 1 & 7: Marie Massengill 919-807-3763 marie.massengill@dpi.nc.gov Regions 2 & 5: Terri Hayes 919-807-3977 terri.hayes@dpi.nc.gov Regions 3 & 6: Paula Kitzke 919-807-3989 paula.kitzke@dpi.nc.gov Region 8: 919-807-3921 Vacant as of August 1, 2013 Regions 4: Glendora Hagins 919-807-3296 glendora.hagins@dpi.nc.gov Bobbie Grammer 919-807-3980 bobbie.grammer@dpi.nc.gov Refer to map

References http://idea.ed.gov/ www.ncpublicschools.org/policy http://www.ncpublicschools.org/docs/ec/policy/form/guidingpractices.pdf