1. ESE Implementation: District/Charter School Collaboration Kim Cavanah, Ph.D Christy Noe, Ph.D. Melissa Gross-Arnold, Esq., B.C.S. Orange County Public Schools Hillsborough County Public Schools

2. Panel  Ms. Jenna Hodgens, General Director, Charter Schools, Hillsborough County Public Schools  Mr. Craig Butz, Principal, Pepin Academies, HCPS  Beverly Knestrick, Director ESE Policy, Orange County Public Schools  Dr. Tricia Magee, Program Specialist Charters and District 504 Compliance, OCPS  Lloyd Mattingly, Lead Psychologist for Charters, OCPS  Cheriee Moore, Senior Fund Manager, IDEA and Medicaid Projects, ESE Policy and Speech Consultant for Charters, OCPS  Bill Colom, School Psychologist for Renaissance Charter at Chicksaw, OCPS  Rebecca Martinez, District Staffing Specialist for Charters and 504 Compliance, OCPS  Jo-Anne Delisser-Taub, Speech Language Pathologist, OCPS  Angela Restrepo, Staffing Specialist, OCPS  Nathan Mariano, Principal, Renaissance Charter at Goldenrod, OCPS

3. Authority & Guidance Federal Laws and Regulations  Individuals with Disabilities Education Act  Title 34, Part 300, Code of Federal Regulations State Statutes and Rules  S. 1002.33, F.S. Charter schools  S. 1003.57, F.S. Exceptional students instruction  State Board of Education Rules Chapter 6A-6

4. Authority & Guidance Procedures, Forms, Rubrics  IEPC-M1, Model Florida Charter School Application  IEPC-M2, Standard Model Charter School Application Evaluation Instrument  Form IEPC-SC, Florida Standard Charter Contract

5. Access and Equity

6. Access and Equity: Charter School Responsibility S. 1002.33(10), F.S. Eligible students (f) Students with disabilities and students served in English for Speakers of Other Languages programs shall have an equal opportunity of being selected for enrollment in a charter school.

7. Access and Equity: Charter School Responsibility S. 1002.33(16), F.S. Exemption from statutes (a) A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013. However, a charter school shall be in compliance with the following statutes in chapters 1000-1013: 1. Those statutes specifically applying to charter schools, including this section. 2. Those statutes pertaining to the student assessment program and school grading system. 3, Those statutes pertaining to the provision of services to students with disabilities. 4. Those statutes pertaining to civil rights, including s. 1000.05, relating to discrimination. 5. Those statutes pertaining to student health, safety, and welfare.

8. Access and Equity : Charter School Responsibility  Florida Model Contract (Section 3: Students)  The school may not request prior to enrollment, through the application or otherwise, information regarding the student’s prior academic performance  The school must maintain records of all students who apply, whether or not they eventually enroll, and as well as detailed documentation of each enrollment lottery to verify that the random selection process was conducted as required  Unless the school is specifically for students with disabilities, the application process must not request the IEP or other information regarding a student's special needs, nor may the school access such information prior to the enrollment lottery

9. Access and Equity: Charter School Responsibility  Overt discrimination includes systemic exclusion of certain categories of students  Subtle discrimination includes:  “One-size-fits-all” continuum of services that excludes some ESE students  Disproportionate number of disciplinary actions and/or dismissals of ESE students  Parent/student agreement requirements that are unrealistic for exceptional students or low-income parents

10. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

11. Continuum of Alternative Placements

12. Continuum of Placements: District Responsibility  34 CFR § 300.115 Continuum of Alternative Placements (a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. (b) The continuum must (1) include… instruction in regular classes, special classes, home instruction, and instruction in hospitals and institutions... and (2) make provisions for supplementary services such as resource room or itinerant instruction to be provided in conjunction with regular class placement.

13. Continuum of Placements: District Responsibility  71 Fed. Reg. 46588 Discussion and Analysis Although the Act does not require that each school building in an LEA be able to provide all the special education and related services for all types and severities of disabilities, the LEA has an obligation to make available a full continuum of alternative placement options…

14. Continuum of Placements: Joint Obligation  71 Fed. Reg. 46588 Discussion and Analysis In all cases, placement decisions must be individually determined on the basis of each child’s abilities and needs and each child’s IEP, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience.

15. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

16. IEP Team

17. IEP Team: Joint Responsibility  34 CFR § 300.321 IEP Team. The IEP team must include: 1.The parents 2.At least one regular education teacher of the student 3.At least one special education teacher of the student 4.A representative of the public agency who (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (ii) Is knowledgeable about the general education curriculum; and (iii) Is knowledgeable about the availability of resources of the public agency 5.An individual who can interpret the instructional implications of evaluation results 6.Other individuals at the discretion of the parent or the agency 7.Whenever appropriate, the student

18. IEP Team: Joint Responsibility  Florida Model Contract (Section 3: Students)  A representative of the sponsor shall be invited to participate in all IEP meetings.  The sponsor retains the right to determine whether or not to send a representative to such meetings.* * Ensure that the contract addresses who is designated as the required member serving in the role of “LEA representative” (34 CFR § 300.321(a)(4)) for each type of IEP team meeting (e.g., annual review; eligibility based on initial evaluation; eligibility based on reevaluation; manifestation determination)

19. IEP Team: Charter School Responsibility  Designate one person in your school to keep track of when annual IEP meetings are to take place, as well as when all triennial reevaluations are due  Follow all required procedures for IEP team meetings, including providing written notice to parents a reasonable amount of time prior to the meeting  Ensure all school staff are aware of and understand their roles and responsibilities as IEP team members  Remember – The student’s unique and individual needs drive IEP development

20. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

21. Placement and ESE Services

22. ESE Services: District Responsibility  Title 20 U.S. Code, Sec. 1413(a)(5)  34 CFR § 300.209 (b)With respect to charter schools that are public schools of the LEA, the LEA must (i) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools…

23. ESE Services & Placement: IEP Team Responsibility  34 CFR § 300.116 Placements (b) The child’s placement—(1) Is determined at least annually; (2) Is based on the child’s IEP; and (3) Is as close as possible to the child’s home; (c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; (d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and (e) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

24. ESE Services & Placement: IEP Team Responsibility  Florida Model Contract (Section 3: Students)  Upon enrollment or notice of acceptance sent to the student, the school may request information related to the student's needs, including the most recent IEP  Upon review of the IEP, if the school believes that the student's needs cannot be met at the school an IEP team meeting must be convened  The IEP team shall determine whether the school is an appropriate placement for the student.

25. ESE Services & Placement: IEP Team Responsibility  School: “Upon review…,” can the IEP be implemented as written? If not, why not?  IEP Team: Given the student’s present levels of academic achievement and functional performance and annual goals, what services and supports are needed to provide FAPE in the least restrictive environment?

26. Implementing the IEP: Charter School Responsibility  Ensure all regular education teachers, ESE teachers, and all other support staff have a complete and accurate understanding of the supports and services included in the student’s IEP.  Ensure all teachers and/or service providers (e.g., SLPs, OT, PTs, counselors) understand how and when they will track and report progress on each of the goals written in the IEP.

27. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

28. Administrative Services

29. Administrative Services: District Responsibility S. 1002.33(20), F.S. Services (a)1. A sponsor shall provide certain administrative and educational services to charter schools. Examples:  Exceptional student education administration services  Test administration services, including payment of the costs of state-required or district-required student assessments  Processing of teacher certificate data services  Information services, including equal access to student information systems that are used by public schools in the district

30. Administrative Services: District Responsibility  Florida Model Contract (Section 3: Students)  ESE administration services covered by the administrative fee, pursuant to section 1002.33(20), F.S., include:  Professional development related to IEP development  Access to any electronic IEP system or forms  Initial evaluation for ESE placement  Other supports and services as agreed to by the charter school and the district

31. Administrative Services: Joint Responsibility  Collaborate with the district to define in the contract “other supports and services as agreed to by the charter school and the district” such as:  Assignment of a staffing or compliance specialist  Designation of the LEA representative role  Roles and responsibilities for initial evaluation and reevaluation (e.g., when change in eligibility is being considered)  Services and supports available from the district through a fee-for-service contract

32. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

33. Funding

34. Federal Funds: District Responsibility  Title 20 U.S. Code, Sec. 1413(a)(5)  34 CFR § 300.209 (b)With respect to charter schools that are public schools of the LEA, the LEA must (ii) Provide funds…(A) on the same basis as the LEA provides funds to the LEA’s other public schools… and (B) at the same time as the LEA distributes other Federal funds to the LEA’s other public schools, consistent with the State’s charter school law…

35. Federal Funds: District Responsibility  S. 1002.33(17), F.S. Funding (c) If the district school board is providing programs or services to students funded by federal funds, any eligible students enrolled in charter schools in the school district shall be provided federal funds for the same level of service provided students in the schools operated by the district school board…

36. Federal Funds: District Responsibility  S. 1002.33(17), F.S. Funding (c) … Unless otherwise mutually agreed to by the charter school and its sponsor, and consistent with state and federal rules and regulations governing the use and disbursement of federal funds, the sponsor shall reimburse the charter school on a monthly basis for all invoices submitted by the charter school for federal funds…

37. Federal Funds: Charter School Responsibility  To qualify for reimbursement the charter school must:  Submit a plan to the district sponsor for the expenditure of IDEA funds (the district has 30 days to review and approve the plan)  Ensure that the expenditures comply with federal, state and local IDEA grant requirements  Submit all reimbursement requests at least 30 days before the reimbursement date set by the district

38. What works? What doesn’t? Experience from the Field Pitfalls, challenges, unintended consequences Strategies, recommendations, lessons learned

39. Resources  Procedural Safeguards for Students with Disabilities http://www.fldoe.org/core/fileparse.php/7690/urlt/0 070135-procedural.pdf  Your district’s Exceptional Student Education Policies and Procedures manual (SP&P) http://beess.fcim.org/sppDistrictDocSearch.aspx

40. Questions? Collaborative Educational Network  christynoe@outlook.com  kcavanah@outlook.com  CollabEdNet@me.com  www.CollaborativeEd.net  The Arnold Law Firm  melissa@arnoldlawfirmllc.com  www.floridaschoolattorneys.com