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Let’s Talk About Special Education Exceptional Children Division June 2015
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Let’s Talk About The Law
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IDEA 2004 Article 9 Section 504 FERPA North Carolina Policies
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Let’s Talk About EC Staff Requirements
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Special Education Teachers Employ licensed, highly qualified EC teachers. While charter schools have some discretion regarding the employment of non-certified regular education teachers, this does not apply to special education teachers. These teachers must be licensed by North Carolina in the area of Special Education.
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Let’s Talk About The IEP Team Required Membership NC 1503-4.2 34 CFR 300.321
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The parent(s) NC 1500-2.24 34 CFR 300.30
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Not less than one regular education teacher of the child; Not less than one special education teacher of the child; An individual who can interpret the instructional implications of evaluations;
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A Representative of the LEA Who - Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; Is knowledgeable about the general education curriculum, and Is knowledgeable about the availability of resources of the public agency (charter school). NOTE: The LEA representative must have the authority to commit resources of the school. The individual will also make the decision for the IEP team when consensus cannot be met.
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Remember All decisions about an IEP are: –Made by a legally comprised IEP team, –Based on the individual, unique needs of the child, and –Not based on administrative convenience, schedules, personnel, or monetary resources.
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Let’s Talk About Continuum of Services NC 1501-3.2 34 CFR 300.115
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A full continuum of alternative placements must be available to meet the needs of children with disabilities for special education and related services.
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So……. Be careful of statements such as: “We only do total inclusion.” or “We believe in full inclusion.” And be sure that you have a real understanding of what is meant by Least Restrictive Environment.
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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
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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? REMOVALS
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Let’s Talk About Additional Statements to Avoid
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“We can’t/don’t do that here.” “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.” “Maybe the traditional school system can better meet your child’s special needs.”
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TIPS. Be sure that you and your staff fully understand Child Find requirements. Keep parents informed of any changes such as the unexpected loss of an EC teacher or related service provider. Call/email your Monitoring Consultant or Regional Consultant with questions. The contact information is on the EC Division’s webpage. Be prepared for the student with high cost needs. Share all memos from the EC Division with your EC Coordinator.
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TIPS Continued Obtain EC files from the previous school system in a timely manner. Respond to record requests from schools who receive a student from your school in a timely manner. Keep track of all removals. Provide PD opportunities for your EC staff, such as Regional Meetings, the EC Division state conference, the EC Directors/Coordinators Institute, EC Division Summer Institutes.
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What do you want to talk about?
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Monitor Contact Information Traditional LEAs & Charters Regions 1 & 2: Marie Massengill 910-323-9497 marie.massengill@dpi.nc.govmarie.massengill@dpi.nc.gov Traditional LEAs & Charters Region 3: Julie Whetzel 919-807- 3294 julie.whetzel@dpi.nc.govjulie.whetzel@dpi.nc.gov Traditional LEAs & Charters Region 4 & Non-Publics & PRTFS: Glendora Hagins 910-417-5915 glendora.hagins@dpi.nc.govglendora.hagins@dpi.nc.gov Traditional LEAs & Charters Region 5 & SOPs: Terri Hayes 919-807-3977 terri.hayes@dpi.nc.govterri.hayes@dpi.nc.gov Traditional LEAs & Charters Region 6: Anne Monterossa 704-495-0949 anne.monterossa@dpi.nc.govanne.monterossa@dpi.nc.gov Traditional LEAs & Charters Regions 7 & 8: Patti Cox patti.cox@dpi.nc.gov 336-469-3834 patti.cox@dpi.nc.gov
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References http://idea.ed.gov/ www.ncpublicschools.org/policy http://www.ncpublicschools.org/docs/ec/policy/ form/guidingpractices.pdf
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