KEEPING COMPLIANT

Who needs to KNOW? Let’s talk about special education policies and procedures You Central Office Parents Service Providers Principals

Due Process Hearing Requests Filed with State: RESA not involved. Assigned to Hearing Officer (H.O.) or Administrative Law Judge (ALJ). Conference calls with ALJ, District Rep and District Attorney, complainant (and their attorney if represented). Resolution meeting required unless both parties waive. Schedule: Evidence, Witness List, Hearing Dates. Big Costs to District: Portion of ALJ, Court Reporter, Transcripts, District Attorney, possibly complainant attorney. ALJ makes determination that is final unless parties appeal. State Complaints Filed with State and investigated by State and RESA within 60 school days. Interviews: Complainant, District staff and administration Collect documentation Report determines violations or compliance Corrective action determined if violations occur (by MDE) Parties may appeal if they disagree with findings and have NEW INFORMATION to present The Complaint Process

The Investigation… Connecting with the District

The Allegation Complainant states that the district failed to review and revise the IEP when the student continuously failed classes and lacked progress towards annual IEP goals & objectives. Complainant states that the district failed to provide resource program services as written in the IEP. CASE: 1

The Investigation Resource Program Teacher stated… 1.Academic support was provided two hours per day. 2.Support was provided in the resource program and general education setting. 3.Student did not show up for services during scheduled support times. 4.Student refused to complete daily assignments. 5.Student was absent often. 6.A written IEP request was never received. 7.Additional time on tests and daily assignments were provided to the student. 8.Consultation with general education teachers indicated that he was failing all classes. 9.No copies of service logs were kept. 10.Progress reports were completed and sent home via the student during report card period. 11.Additional support time and interventions were not offered. 12.The student’s IEP is current and not due for three months.

General Education Teachers stated… 1.Student was not completing classroom assignments on time and at times not at all. 2.Resource Program Teacher provided push-in support and provided additional time on tests and assignments in the resource program. 3.The resource program teacher did not call for the student for support, but a support schedule was in place. 4.Student had many unexcused absences. 5.Unaware of a written request for a new IEP. 6.Parent was notified of failing grades, but did not participate in any scheduled conferences. 7.Student continues to fail his classes. The Investigation

WHAT THE DOCUMENTS REVEALED Convened 9 months prior Failing all classes Moderate progress towards objectives 17 absences and tardy 7 times Failed all first quarter classes Documentation Collected DOCUMENTS Most Current IEP General education progress reports IEP progress reports Attendance records Report cards No service logs available No documentation of accommodations provided

Key Points: Documentation How service is written Responsible to implement Provide programs and services in accordance with the IEP R a Implementation of individualized education program. Timelines 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service

Key Points: Reconvene or Amend Supplementary Aids and Services, Accommodations Special Factors If any changes are made Behavior Lack of Progress in GE Curriculum and IEP Goals/Objectives § Development, review, and revision of IEP. Participation of General Ed. Teacher Parent Participation

Noncompliance! Lack of Progress Lack of Documentation of Services Lack of Service Provided

Objectives Services Log Select Provider Select Objectives PRINT FORM!

The Allegation Complainant states the district failed to provide Resource Program service of 10 hours per week and the Related Service of School Social Work for 3 to 5 times per month as written in the IEP CASE: 2

The Investigation Resource Program Teacher states… 1.Student has an attendance issue. 2.When the student is present in school, a minimum of two hours per week is provided to address the deficit area of need. 3.When student returns to school after a period of being absent, make-up work is provided. 4.Calls are made to the home to check-in on the student. 5.Support was delivered within the general and special education settings. 6.Direct Instruction was provided to the student to develop reading skills per IEP goals & objectives 7.A communication log and service logs were kept. 8.Parent participated in PT conferences where information was shared and copies of progress reports were given.

The Investigation School Social Worker states… 1.Student was seen during the times stated on the IEP. 2.Copies of service logs are kept in the student’s educational file. 3.Student states that he has difficulties sleeping at night, so he sleeps in the next day. 4.Discussed sleeping patterns and possible root causes with the student. 5.Communicated the concerns with parent and parent indicated that she would address the problem. 6.Student indicated that study habits are poor and he does not focus because he’s tried. 7.Progress reports were kept and copies were provided to the parent and resource program teacher.

Convened 6 months prior Not making progress in 3 out of 6 classes Moderate progress towards IEP objectives 27 absences and tardy 17 times Failed 3 first quarter classes Service provided weekly as stated in the IEP Extended time on assignments and test; additional make-up support given. Documentation Collected Most Current IEP General Education Progress Reports IEP progress Reports Attendance Reports Report Cards Service Logs Documentation of Accommodations Provided

Key Points: Documentation How service is written Responsible to implement Provide programs and services in accordance with the IEP R a Implementation of individualized education program. Timelines 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service

Compliance! Documentation of Services

The Allegation Complainant states the district failed to convene a MDR to determine if the behaviors were due to the disability and did not hold an IEP to determine the appropriate services for the student once removed from school; all the student received was homework. CASE: 3

The Investigation The Principal states… 1.The student was removed from school for pulling the fire alarm. 2.The student was removed for a total of five days. 3.The student was given a homework packet with access to the resource program teacher. (Via scheduled telephone calls). 4.The parent was provided with a schedule for resource program support via the telephone. 5.The parent was provided with a suspension letter that indicated number of days removed and return day. 6.Parent did not attend re-entry meeting as scheduled. 7.The student did not return to school until required re-entry meeting was held three days after the date indicated on the suspension notice.

The Investigation The Resource Program Teacher states… 1.The student was removed from school for pulling the fire alarm. 2.The student was removed for a total of five days. 3.The student was given a homework packet with access to her. (Via scheduled telephone calls). 4.The student and/or parent did not take advantage of the conference call option. 5.Once the student returned to school, the assigned homework packet was not submitted and when asked about the assignments, the student stated that he did not attempt to complete them. 6.The parent stated that she was going to find a new school for the student because he was not being treated fairly. 7.Prior to this suspension, the student had been removed for a total of 8 days for unrelated offenses. 8.A MDR had not been convened due to the incidences not being related to one another and not related to the disability; however, this was not discussed with anyone else and is only my opinion why an MDR was not scheduled. 9.A re-entry meeting was required with parent. 10.Parent was unable to attend until three days later; student returned at that time. 11.No additional make-up work was provided when student returned.

Convened 3 months prior Not making progress Limited progress towards IEP objectives 26 Total absences Removed from school four times for a total of 13 days for a variety of offenses. Re-entry meeting required for student’s return Failed 2 first quarter classes Service provided weekly as stated in the IEP Extended time on assignments and test Documentation Collected Most Current IEP General Education Progress Reports IEP progress Reports Attendance Reports Suspension Record Principal’s Suspension Notice No additional documentation regarding removals Report Cards Service Logs Documentation of Accommodations Provided

§ Authority of school personnel. Keep Points: Must provide services after 10 days of removal in year. No change of placement: School personnel and teacher determine services Change of placement: IEP team determines services MDR: Held with parent and relevant team members within 10 days of decision to change placement Give Parent Notification on the date the decision is made for removal that constitutes change of placement § Change of Placement: (Determined on case-by-case basis) Removal more than 10 consecutive school days OR Series of removals that constitute a pattern (All 3 criteria below must be met) : Totals more than 10 school days in a school year. Behavior is substantially similar to behavior in previous incidents. Additional factors considered: 1)Length of each removal, 2)total amount of time removed, 3)proximity of removals to one another. § Change of Placement: (Determined on case-by-case basis) Removal more than 10 consecutive school days OR Series of removals that constitute a pattern (All 3 criteria below must be met) : Totals more than 10 school days in a school year. Behavior is substantially similar to behavior in previous incidents. Additional factors considered: 1)Length of each removal, 2)total amount of time removed, 3)proximity of removals to one another.

Supporting Rules and Guidance Documents… § Prior notice by the public agency; content of notice. § Procedural safeguards notice. § Determination of setting. MDE Discipline Procedures (January 2011) WRESA Discipline Procedures for Students with Disabilities

MDE will look for… MDE Discipline Procedures – January 2011 Pattern of Removals Written Procedures – Specify who constitutes the team to make the decision for the determination of a “pattern of removals” so staff are informed and make decisions based on same criteria, and if challenged, could support the decision-making process. Documentation of Pattern – Be prepared to provide evidence of decision-making process when determining whether there was a pattern of removals. (Use RESA’s Discipline documents to be compliant)

Noncompliance! Lack of Written Procedures for Determining Pattern of Removals Lack of Evidence of Consideration of Pattern

Discipline Tracking Record

Discipline Services Record

Discipline Services Log

Notice of Change of Placement

MDR Form

Understanding what’s getting Districts in TROUBLE… Lack of: Documentation Written Procedures Implementation of written procedures

FYI… IEP timelines IEE Evaluation Procedures Eligibility

Teach your special education providers routines to preserve Checking In: You must create and maintain a system of monitoring your student’s progress Updating Stakeholders: Parents, Students, and School Staff Filing System that You and Others Can Understand and Locate: Maintaining accurate records will support you with justifying the need to maintain or eliminate a service and have evidence of service implementation.