Special Education
Challenges and Solutions
Presented by Bernie Miller Director for Education Services
Pennsylvania State Education Association [email protected]
Intro
• 30 years as certified special education teacher, Delaware Co. IU #25
• Adjunct professor for West Chester University
• Gaskin Advisory Panel member
• PA Special Education Advisory Panel member and current chairperson
• PSEA Special Education Board member volunteer
• PSEA Director for Education Services
• Husband and parent
• Today we will explore special education. The field is ever changing. This creates both challenges and opportunities.
• Goals include helping you to keep abreast of this field.
• Looking for solutions in times of stagnate budgets, informed constituents, extensive
Special Education Funding
Legislators and the Governor signed
new funding formula for special
education (spring 2014). Activated if
and when new funds were allocated.
$20 million were allocated during the
summer so we have a new funding
Inclusion
• Making adequate progress
• Full curriculum vs. modified curriculum
• Goals found in IEP
• SDI (specially designed instruction)
• Gaskin Class Action case - water over the dam
• Power of IEP teams
– Use action plan concept - who, what, when, where, and how ……… SPEAK UP
– Ask plenty of questions
– Just saying “NO” will not work
– Bring the manual/book to the meeting representing the work to be covered in the course by the student.
• Outcomes
– For the course
Questions
• Can you tell me more about….?
• What do you mean by …?
• Do you have anything to share with us to support your request?
• How do you feel about …?
• What else has been tried so far?
• What will happen in the long run if we continue as it is now, or if we change to …?
• Could you help us
understand what you are asking for (or proposing)?
New Indicator 17
•
PA Bureau of Special Education submitting to
OSEP (U.S. Office of Special Education Programs)
a target to raise the graduation rate.
•
Target districts that do not have lowest hanging
fruit.
•
Methods will be used will be drop out prevention
practices.
•
Zero in on emotional disturbance and students
Districts Selected for Pilot Indicator
#17
• West
• 1. Albert Gallatin Area School District
• 2. Erie City School District • 3. Pittsburgh School District
• 4. Uniontown Area School District • Central
• 1. Chambersburg Area School District • 2. Jersey Shore Area School District • 3. Lancaster School District
• 4. Lebanon School District • East
• 1. Achievement House Charter School • 2. Bethlehem Area School District
• 3. Centennial School District
Behavior Plans
•
Part of the IEP so they must be followed.
•
Implementation issues should be brought to the
attention of either administration or the IEP
team. Special education teachers and behavior
specialists can be of assistance in problem
solving.
•
Behavior plans can be revised through the IEP
process.
– Phone calls between parents and case manager
– Documented changes in the IEP
Behaviors
•
Plans must be positive.
•
Restraints will not be listed in the IEP for the
convenience of staff.
•
Restraints only when student is a danger to
themselves, other students or you.
•
Suspensions- 10 and 15 day regulations
•
Suspensions- In-school and how IEP goals tie
in.
Smart Phones and Video Taping
Create Serious Headaches
•
Parental permission different than the school
district’s public relations permission slip.
•
Capturing additional students on the recording
can potentially break confidentiality of other
students.
•
Can be breaking federal wiretapping laws if video
is sent to another person’s device.
•
Phone becomes part of student record and you
Question
Can a student with emotional
support needs be suspended?
Question - Can a student with
emotional support needs be
suspended?
• Yes but…
• 10 and 15 day rule
• Manifestation determination
• Functional Behavioral Assessment (FBA)
• In-school suspensions and instruction related to measurable annual goals
• Is there a need for a new evaluation?
• Who is talking to the student’s health professionals?
Class Make Up
• HQ - Highly qualified is a federal requirement.
• Lack of HQ requires the LEA to send letters to parents. • Class can be 100% special education students with a
HQ teacher. Critical is that these students must have LRE Penn Data that reflects that they are spending
hours outside of general education (or a complaint can be filed).
• Classes made up of up to 90% special education can be considered general education classes and the Penn
Data can reflect that it is general education hours. • The real question is about student progress.
Parent absence at IEP meeting
• Let parents know about alternate means of
participation (hint - technology).
• Some LEAs support parents by providing child care and transportation to and from the meeting.
• Document all contact with parents to invite them to the meeting. – IEP invitation – Phone calls – Registered mail – Home visit – Reminder notices
– (regulations do not have 3 strikes and you are out)
Question
What is the difference between
bullying and bullying harassment
Question - What is the difference
between bullying and bullying
harassment related to students with IEPs?
•
Bullying harassment is related to the
student’s disability.
•
Can involve Section 504 and financial
implications for staff and the school.
•
Interventions must be implemented and
documented.
Disability Harassment
•
Lack of a plan or lack of implementation can
create a situation in which a parent can sue
you personally.
•
Bring issue to the attention of administration
if you observe an incident.
•
Bring issue to the attention of administration
if a parent shares a case(s) of disability
harassment.
Equal Access to Activities
• Discussion point at IEP meetings.
• Reasonable accommodation is “one that does not
fundamentally alter the activity.”
• Students would be allowed to participate in the tryout process but there can be performance standards that the student must meet for competitive program.
• Make sure that the evaluation rubric has only essential functions of the activity.
• Maintain evaluation forms for several years (at least 2). • Can not require that the parents participate or the child is
Question
Can a parent audio tape
an IEP meeting?
?
Question - Can a parent audio tape an
IEP meeting?
•
Depends!!!!
•
Is it for access due to the parent’s disability or
they have English as a Second Language?
Parents would have the right to audio tape.
•
LEA would have the right to deny a parent the
right to audio tape if it was for possible legal
action.
Paraprofessional Support
•
Regulations do not address the need of
paraprofessional support for classes based on size
or number of students with IEPs.
•
Personal care assistants and paraprofessionals
are provided by the LEA.
•
Some personal care assistants and
paraprofessionals are required based on IEPs
developed for specific students.
•
The salaries are typically paid for
by the LEA (local education agency
that commits the resources).
Chapter 4 & Keystone Exams
• Graduation by IEP goals
• Algebra, Biology, and English Literature
• English Composition and US Government and Civics
(under development and voluntary)
• Remediation
• PASA - Project MAX
• Transcripts
• SEAP has recommended to PA Bureau of Special
Education that a Q and A be developed and distributed to parents and educators.
