1. Revised Chapter 14 Special Education Regulations Trish Andrews Christina Lane Andrews & Price 412-243-9700

2. Chapter 14 Revisions 14.102 Purpose: 14.102 Purpose: –Adds new language, but not new meaning –Ensure that children with disabilities: Have access to general curriculum Have access to general curriculum Participate in state and local assessments Participate in state and local assessments Are educated to maximum extent appropriate with nondisabled peers Are educated to maximum extent appropriate with nondisabled peers –Provided supplementary aids and services to do so Schools provide continuum of placement options Schools provide continuum of placement options –Even in light of Gaskins

3. Chapter 14 Revisions 14.103 Terminology 14.103 Terminology –Clarifies that for children enrolled by their parents in private schools (where FAPE is not an issue) that the intermediate unit is considered to be the LEA for purposes of: Child Find Child Find Equitable participation Equitable participation

4. Chapter 14 Revisions 14.104 Special Education Plans 14.104 Special Education Plans Must specify the special education programs operated by district Must specify the special education programs operated by district Must describe: Must describe: –Early intervening (not early intervention) services –Procedures for identifying learning disability –Examples of supplementary aids and services provided

5. Chapter 14 Revisions 14.104 Special Ed Plans 14.104 Special Ed Plans –Access to the full continuum of placement options –Policies and procedures to prevent over- identification of minorities –Procedures on behavior support Staff training Staff training –Parent training activities provided

6. Chapter 14 Revisions 14.105 – Personnel 14.105 – Personnel Newly added section Newly added section Instructional Paraprofessionals Instructional Paraprofessionals –Definition:school employee who works under the direction of a certified staff member to support and assist in providing instructional programs and services One on one or group review of materials One on one or group review of materials Classroom management Classroom management Implementation of + behavior support plans Implementation of + behavior support plans

7. Chapter 14 Revisions Instructional paras must meet one of the following qualifications effective 7/1/10: Instructional paras must meet one of the following qualifications effective 7/1/10: –Completed at least 2 years of postsecondary study No specific area required No specific area required –Possess associate degree or higher No specific area required No specific area required –Meet rigorous standard of qualify through state or local assessment

8. Chapter 14 Revisions Personal Care Assistants Personal Care Assistants –Definition:Provides 1-1 support and assistance to a student including Use of medical equipment Use of medical equipment Augmentative communication device Augmentative communication device Activities of daily living Activities of daily living Monitoring health and behavior Monitoring health and behavior –Can provide support to more than one student But not at the same time But not at the same time

9. Chapter 14 Revisions Educational Interpreters Educational Interpreters –Definition:provides students who are deaf or hard of hearing with interpreting (ASL) or transliterating services in an education setting –Qualifications: Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment for the appropriate grade level to which the person is assigned; Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment for the appropriate grade level to which the person is assigned; –Score will be reviewed every 2 years –OR

10. Chapter 14 Revisions Qualifications: Qualifications: –Be a qualified sign language interpreter or a qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act Oddly Act exempts educators who are interpreting or transliterating in a public school system Oddly Act exempts educators who are interpreting or transliterating in a public school system

11. Chapter 14 Revisions Instructional Paras and PCAs Instructional Paras and PCAs –Evidence of 20 hrs of staff development Each school year Each school year Related to their assignment Related to their assignment –How closely related? Interpreters/Transliterators Interpreters/Transliterators –Evidence of 20 hrs of staff development Each year Each year Related to interpreting or transliterating Related to interpreting or transliterating

12. Chapter 14 Revisions Caseloads Caseloads –Definitions: Full Time:special education provided by special education personnel for 80% or more of school day Full Time:special education provided by special education personnel for 80% or more of school day Itinerant:special education provided by special education personnel for 20% or less of school day Itinerant:special education provided by special education personnel for 20% or less of school day Supplemental:special education provided by special education personnel for more than 20%, but less than 80% of school day Supplemental:special education provided by special education personnel for more than 20%, but less than 80% of school day –Combines old part time and resource

13. Chapter 14 Revisions Itinerant Supple- mental FullTime LearningSupport502012 LifeSkills2020 12 (K-6) 15(7-12) ES502012

14. Chapter 14 Revisions ItinerantSupple-mental Full Time Deaf/Hearing50158 Blind/ Visual Imp. 501512 S/L658

15. Chapter 14 Revisions ItinerantSupple-Mental Full Time PhysicalSupport 50 (maybe typo – old # was 5! 1512 AutisticSupport1288 MultipleDisabilities1288

16. Chapter 14 Revisions Caseloads Caseloads –Aside from probable typo, no major changes –Schools may still ask for variance in special ed plan But now must provide a copy of notice to public indicating districts intent to request waiver of caseload requirements But now must provide a copy of notice to public indicating districts intent to request waiver of caseload requirements Must tell parents, teachers and other of opportunity to comment on waiver request Must tell parents, teachers and other of opportunity to comment on waiver request

17. Chapter 14 Revisions 14.106 Access to instructional materials 14.106 Access to instructional materials –New provision –Addresses the timely provision of print materials to blind students Braille Braille Audio Audio Digital Digital Large print Large print

18. Chapter 14 Revisions Timely means: Timely means: –District takes steps to ensure blind child has access to materials at the same time as students without disabilities Cannot meet standard by withholding instructional materials to other students until accessible format is available Cannot meet standard by withholding instructional materials to other students until accessible format is available Can meet standard by providing portion of materials that covers the chapter currently being taught Can meet standard by providing portion of materials that covers the chapter currently being taught

19. Chapter 14 Revisions Timely: Timely: –If blind child enrolls in school during school year Take steps to ensure access to materials within 10 school days Take steps to ensure access to materials within 10 school days Districts to coordinate with National Instructional Materials Access Center (NIMAC) Districts to coordinate with National Instructional Materials Access Center (NIMAC)

20. Chapter 14 Revisions 14.107 Complaint Procedure 14.107 Complaint Procedure –Not new, but new provision –Department will establish complaint procedures and provide Districts with notice of procedures Unclear if procedures are going to change Unclear if procedures are going to change When notice will be provided When notice will be provided

21. Chapter 14 Revisions 14.108 Access to Classrooms 14.108 Access to Classrooms –Parents have reasonable access to childs classroom –Within parameters of LEA policy DEVELOP POLICY!!! DEVELOP POLICY!!!

22. Chapter 14 Revisions 14.121 Child Find 14.121 Child Find –Public awareness activities informing public of services New: Written information must be published in: New: Written information must be published in: –School district handbook –School district website New: Must include information on potential signs of developmental delays and other risk factors that could indicate disabilities. New: Must include information on potential signs of developmental delays and other risk factors that could indicate disabilities. –Must also continue to provide annual public notice

23. Chapter 14 Revisions 14.122 Screening 14.122 Screening –System of screening May include early intervening services May include early intervening services –Remember can use 15% of IDEA money for this Can still use IST Teams Can still use IST Teams –Screening process must include Hearing/vision (not new) Hearing/vision (not new) Reasonable intervals to determine: Reasonable intervals to determine: –Performance on grade appropriate standards –In core academic subjects

24. Chapter 14 Revisions Early Intervening Services Early Intervening Services –May be included in process –MUST be included in process where districts have disproportionality in identification Verification that student receives appropriate instruction in reading Verification that student receives appropriate instruction in reading –Including essential components of reading And math And math If concern is academic, assessment of students performance on state-approved grade level standards If concern is academic, assessment of students performance on state-approved grade level standards

25. Chapter 14 Revisions Early Intervening Services Early Intervening Services –If behavior concerns, systematic observation of behavior –Researched based intervention to increase rate of learning or behavior –Repeated assessments of achievement to monitor progress –Determine if difficulties are result of lack of instruction or limited English proficiency

26. Chapter 14 Revisions Early Intervening Services Early Intervening Services –Determine if students needs exceed ability of regular ed program –Document progress was periodically provided to parent Screening does not bar the right of parent to request an evaluation Screening does not bar the right of parent to request an evaluation

27. Chapter 14 Revisions 14.123 Evaluations and 14.124 Reevals 14.123 Evaluations and 14.124 Reevals –Does change timeline to 60 calendar days for initial evaluation and reevaluation After receiving written parental consent After receiving written parental consent BUT.. Summer does not count! BUT.. Summer does not count! –If parent request eval in writing: School must make PTE form readily available School must make PTE form readily available –If parent request eval orally PTE must be provided to parents within 10 calendar days of the oral request PTE must be provided to parents within 10 calendar days of the oral request Make sure staff is aware of this change!!! Make sure staff is aware of this change!!!

28. Chapter 14 Revisions Copies of eval or reeval report: Copies of eval or reeval report: –Given to parents at least 10 school days prior to IEP meeting –Unless waived by parents

29. Chapter 14 Revisions 144.125 SLD Criteria 144.125 SLD Criteria –All new section –Each school district and IU must develop procedures for determining SLD Procedures to be included in sp. ed. plan Procedures to be included in sp. ed. plan

30. Chapter 14 Revisions To determine SLD school/IU shall To determine SLD school/IU shall –Address whether child does not achieve adequately for age or meet state-approved grade level standards when: Provided with learning experiences and scientifically based instruction appropriate for age or grade level Provided with learning experiences and scientifically based instruction appropriate for age or grade level

31. Chapter 14 Revisions What areas are to be assessed: What areas are to be assessed: –Oral expression –Listening comprehension –Written expression –Basic reading skills –Reading fluency skills –Reading comprehension –Math calculations –Math problem solving

32. Chapter 14 Revisions School/IU can use 1 of the following procedures: (each school chooses) School/IU can use 1 of the following procedures: (each school chooses) –Response to scientific, research-based intervention documenting that: Student received high quality instruction in regular ed Student received high quality instruction in regular ed Research-based interventions were provided Research-based interventions were provided Progress regularly monitored Progress regularly monitored

33. Chapter 14 Revisions OR: OR: –A process examining whether child exhibits a pattern of strengths and weaknesses relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement, or relative to age or grade

34. Chapter 14 Revisions 14.131 IEPs 14.131 IEPs –Must include a description of the type or types of support student will receive Cannot be based on category of disability alone Cannot be based on category of disability alone Child may receive more than one type of support Child may receive more than one type of support –Outline in IEP

35. Chapter 14 Revisions Placement Placement –Special ed supports and services may be delivered in regular ed classroom or other settings Team must first consider regular classroom with supplementary aids and services before considering services in another setting Team must first consider regular classroom with supplementary aids and services before considering services in another setting

36. Chapter 14 Revisions Transition Transition –Back to age 14 –Includes measurable postsecondary goals Training Training Education Education Employment Employment Independent living, when appropriate Independent living, when appropriate

37. Chapter 14 Revisions IEP Attendance IEP Attendance –Proposed but deleted: IEP Members cannot be excused IEP Members cannot be excused –Follow IDEA requirements Required members can only be excused with parental consent! Required members can only be excused with parental consent!

38. Chapter 14 Revisions 14.132 ESY 14.132 ESY –Not new procedures, but finally codified in regulation –Requirements for children with severe disabilities Autism/PDD Autism/PDD SED SED Severe MR Severe MR Degenerative impairments with mental involvements Degenerative impairments with mental involvements Severe multiple disabilities Severe multiple disabilities

39. Chapter 14 Revisions Children with severe disabilities: Children with severe disabilities: –IEP must occur no later than Feb. 28 each yr –NOREP must be issued not later than March 31 –If student transfers to your district after these dates and no determination has been made New school must make determination at IEP mtg New school must make determination at IEP mtg

40. Chapter 14 Revisions Other students: Other students: –Timelines not required –Decisions made in a timely manner Parents asking for due process on ESY Parents asking for due process on ESY –Expedited

41. Chapter 14 Revisions 14.133 POSITIVE Behavior Support 14.133 POSITIVE Behavior Support –Stresses the word Positive throughout –Must utilize POSITIVE behavior techniques Positive reinforcement Positive reinforcement Positive verbal statements Positive verbal statements Specific tangible rewards Specific tangible rewards Shape students behavior Shape students behavior –Interventions must be least intrusive necessary

42. Chapter 14 Revisions Behavior Support Programs Behavior Support Programs –Must include research based practices and techniques –Must be based on FBAs –Developed by IEP Team –Becomes Part of IEP

43. Chapter 14 Revisions –Restraints Prohibits the unreasonable use of restraints Prohibits the unreasonable use of restraints –Stops short of prohibiting entirely Measure of last resort Measure of last resort Only use after other less restrictive measures Only use after other less restrictive measures Prohibits prone restraints Prohibits prone restraints –Student is held face down on floor

44. Chapter 14 Revisions Restraints Restraints –Definition: the application of physical force with or without the use of a device, for the purpose of restraining the free movement of students body –Does not include: Briefly holding, without force, a student in order to calm or comfort Briefly holding, without force, a student in order to calm or comfort Guiding child to appropriate activity Guiding child to appropriate activity Holding students hand to safely escort from one area to another Holding students hand to safely escort from one area to another

45. Chapter 14 Revisions Restraints do not include: Restraints do not include: –Hand over hand assistance with feeding or task completion –Techniques prescribed by qualified medical professional for safety, therapeutic or medical treatment Must be agreed to by parents Must be agreed to by parents Specified in IEP Specified in IEP

46. Chapter 14 Revisions Restraints do not include: Restraints do not include: –PT or OT devices –Seatbelts in wheel chairs –Belts on toilets used for balance and safety –Safety harnesses on buses –Functional positioning devices

47. Chapter 14 Revisions Use of restraints: Use of restraints: –School must: Notify parents of use of restraints Notify parents of use of restraints –Document! Call IEP meeting within 10 school days of use Call IEP meeting within 10 school days of use –In writing –Parents can waive meeting Must be in writing Must be in writing –Team decides whether child needs FBA, Reeval, a new or revised BSP or change of placement to address behavior

48. Chapter 14 Revisions Restraints may only be included in IEP when: Restraints may only be included in IEP when: –Used with specific component elements of positive behavior support –Used in conjunction with teaching of socially acceptable alternative skills to replace problem behavior –Staff authorized and trained Authorized by whom? Authorized by whom? –Plan in place to eliminate use of restraint through positive behavior support

49. Chapter 14 Revisions Documentation of use of restraints: Documentation of use of restraints: –Schools must maintain and report data on use of restraints –Report will be reviewed during cyclical compliance monitoring

50. Chapter 14 Revisions Reports to Law Enforcement Reports to Law Enforcement –Still permitted –But... After referring child with disability who has a BSP to law enforcement, an updated FBA and BSP is required –Pass this on to Principals!!

51. Chapter 14 Revisions 14.143 Disciplinary Placements 14.143 Disciplinary Placements –Language regarding 15 cumulative school days remains –Therefore, rule of discipline remains: Suspension permitted for 10 consecutive days; and Suspension permitted for 10 consecutive days; and 15 cumulative days per school year 15 cumulative days per school year

52. Chapter 14 Revisions 14.145 LRE Requirements 14.145 LRE Requirements –Not new rules, but now codified in regs –Students with disabilities educated in LRE: To maximum extent appropriate and as provided in IEP, child is educated with nondisabled peers To maximum extent appropriate and as provided in IEP, child is educated with nondisabled peers Special classes, separate schools or other removals from regular ed occurs only when the nature or severity of disability is such that education in reg ed class with appropriate supplementary aids and services cannot be achieved satisfactorily Special classes, separate schools or other removals from regular ed occurs only when the nature or severity of disability is such that education in reg ed class with appropriate supplementary aids and services cannot be achieved satisfactorily

53. Chapter 14 Revisions LRE: Child cannot be required separate education LRE: Child cannot be required separate education –Because s/he cannot achieve at the same level as nondisabled classmates; or –If the child can, with the full range of supplementary aids and services, make meaningful progress on IEP goals

54. Chapter 14 Revisions May not be removed from regular ed solely because of: May not be removed from regular ed solely because of: –the nature or severity of the disability –additional costs –administrative convenience Still must provide access to full continuum of placement options Still must provide access to full continuum of placement options

55. Chapter 14 Revisions Procedural Safeguards: Procedural Safeguards: –Prehearing Conference language removed –Adopts IDEAs requirement for Resolution Sessions 14.163 Specifies that parent advocates can attend Specifies that parent advocates can attend –Mediation still available

56. Chapter 14 Revisions 14.162 Due Process Hearings 14.162 Due Process Hearings –Specifies that schools may not request due process if parents fail to respond or refuses to consent to the initial provision of special education services Appeals Panel will be eliminated Appeals Panel will be eliminated –Appeals from hearing officer decisions go directly to Court –Appeal within 30 days

57. Chapter 14 Revisions Due Process Timelines Due Process Timelines –Hearing held: After conclusion of resolution session After conclusion of resolution session After one of the parties withdraws from mediation After one of the parties withdraws from mediation Parties waive or agree to end resolution session Parties waive or agree to end resolution session –Hearing Officer decision must be issued within 45 days after the resolution or mediation session ends Hearing officer may grant extensions Hearing officer may grant extensions

58. Chapter 14 Revisions Expedited Hearing Timelines: Expedited Hearing Timelines: –Decision mailed within 30 school days of public agencys receipt of request for hearing No exceptions or extensions No exceptions or extensions