A Principal's Perspective

Special Education

It’s not too late to register for the “Most Comprehensive Legal Special Education Conference in Alabama.”The Annual SEACASE Conference will be February 23-25th at the Perdido Beach Resort in Orange Beach, Alabama! Don't miss out on the opportunity to learn about legal issues which impact every area of special education. Highly sought-after presenters include Jim Walsh, Julie Weatherly and Rod Lewis. Hot Topics will include current legal issues and updates in special education, parent’s right to revoke consent for special education, new ADA/Section 504 guidelines, practical compliance strategies, and what administrators and educators need to know to provide legally compliant special education programs. Don’t miss this opportunity to register today!Click here to register!!This information is also available at www.clasleaders.org . Click on Affiliate Associations, then on the CASE link. Scroll down to the Professional Development section!  You may also contact the CLAS office at (800) 239-3616 for more information. 

Council of Administrators of Special Education

• “Special Education- A Principal’s Perspective” is a presentation intended for educational purposes only and do not replace independent professional judgment. Statements of fact and opinions expressed are those of the presenter individually and, unless expressly stated to the contrary, are not the opinion or position of the United States Department of Education, the Alabama State Department of Education, Troy University, or Crenshaw County Board of Education. Said parties do not endorse or approve, and/or assume the responsibility for, the content, accuracy or completeness of the information presented. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE ROLE OF THE PRINCIPAL IN THE SPECIAL EDUCATION PROCESS. Special education is unpredictable and will change. THE PRESENTER IS NOT AN EXPERT OR A FINAL AUTHORITY OF SPECIAL EDUCATION. Please proceed with caution.

Caveat

• Special Education Coordinator 2004 to Present (Crenshaw County)

• Federal Programs Coordinator 2006 to Present (Crenshaw County)

• Principal Highland Home School 1997 to 2004 (Crenshaw County)

• Assistant Principal Highland Home School 1996 to 1997 (Crenshaw County)

• Applied Physics Teacher/Coach- 1993 to1996 Luverne School (Crenshaw County)

• Math Teacher/Coach- 1989 to 1993 Charles Henderson High/Middle School (Troy City)

Qualifications: Experience is what you get when you do not get what you want. And experience is often the most valuable thing you have to offer.

The Elephant in the Room!

I am one of you; a principal, a coordinator, but most of all, a parent.

LeadershipYou do not have to be the Lone Ranger.

• Captain Kurt– Not the smartest guy on the ship;

• Dr. Spock, first officer, was the logical intellect on board.

• Dr. McCoy had all the medical knowledge of the 2260s.

• Scotty had the technical know-how to keep the ship running.

– How does this apply to your school?

– was a dynamic manager;– knew how to delegate;– never professed to have greater skills than his

subordinates;– established the vision and the tone; and– was responsible for morale.

1. Legal Pitfalls and Liabilities (impact of selected Supreme Court decisions);

2. Student Discipline and Change in Student Placement- “10 Tickets”;

3. To Walk or not to Walk- Participation in Graduation Exercises;

4. Collaborative Teaching and Scheduling;

5. Highly Qualified and Special Education Teacher Requirements;

6. Revocation of Special Education Rights;

7. Response to Intervention (Appropriate Math and Reading Instruction);

8. Effects of State Performance Plan Indicators;

9. Implications of First Choice; and

10. The Woeful IEP.

11. Extra- Communicating with Parents of Exceptional Students

12. Extra- SETS Web

Top Special Education Issues Facing Building Level Administrators

Legal Pitfalls and Liabilities: The Impact of selected

Supreme Court decisions

Issue #1

Free Appropriate Public Education(FAPE)- Cadilac vs. the Pick-up• In its landmark decision in Board of Education v. Rowley (1982), the Supreme

Court faced the parents of a deaf child who wanted, beyond the other services in her individualized education program (IEP), and a district that refused to provide a full-time interpreter for her academic classes; they argued that “appropriate” in FAPE meant an entitlement to an equal educational opportunity by learning, or receiving via interpreter, all the instructional information that her nondisabled peers heard. Concluding that Congress’s primary purpose was to provide access, or a door of opportunity more than a floor of opportunity, to students with disabilities, who had a history of exclusion from public schools and special education, the Court interpreted “appropriate” in the IDEA’s FAPE mandate to have a dual meaning, which was primarily procedural and only secondarily substantive. First, the school district must provide procedural compliance with the Act. Second, the substantive standard is that the eligible child’s IEP must be reasonably calculated to yield educational benefit. The result has been a focus on the many procedural requirements of the Act, such as the various provisions for parental participation, with a relatively relaxed standard for how much FAPE the eligible child is entitled to. The Rowley child lost her bid for interpreter services, but the numerous post- Rowley cases have had varying outcomes based on the individualized emphasis of the IDEA and the far from precise standards established by the Rowley Court.

• Special education services need to extend beyond that which general education students are receiving.

• Annual goals appropriate, measureable, ACOS related and achievable.

• Progress towards annual goals must be documented,– If it is not documented, it did not occur.

• Initial due process, that ends in settlement, will cost the district approximately $5,000 dependant on compensatory services.

FAPE Components

Related Services

In both Irving Independent School District v. Tatro (1984) and Cedar Rapids Community School District v. Garret F. (1999), the two eligible children had severe physical disabilities, one requiring clean intermittent catheterization and the other requiring constant specialized nursing services. The defendant districts did not dispute that what these children needed fit under the broad definition of “related services” under the IDEA; rather, they argued that these services fit within the definition’s express exclusion for “medical services” and, thus, were not part of their FAPE obligation. In these successive cases, the Court established a relatively clear boundary for the medical services exclusion in the related services component of FAPE: only if the service must be provided by a physician, it fits in this exclusion. Thus, each of these two children won. Although the determination of related services remains an individualized matter, the key question is whether the child needs the proposed service to benefit from special education. If the answer is yes, the district must provide it as part of FAPE unless only a physician may provide said service. Thus, the traditional narrow meaning of education and the accompanying concern with costs do not constitute the primary considerations under the IDEA.

Tuition Reimbursement

• In two successive decisions (Burlington School Committee v. Department of Education, 1985; Florence County School District v. Carter, 1993), the Court had to balance the IDEA’s FAPE obligation of school districts with the Act’s “stay-put” provision, which requires the child to remain in their pending placement upon either party filing for a due process hearing, and until the disputed issue is resolved. In each of these cases, the parent unilaterally placed the child rather than maintain the “stay-put,” but the reason was that, in the parents’ perception, the district was not meeting its FAPE obligation and, thus, should do so by reimbursing the parents for the tuition of the unilateral placement. The district disputed this requested remedy, and the lower courts were split on the issue. In these two successive decisions, the Court established a 3-step test for parents who unilaterally place the child outside the district and seek tuition reimbursement: (1) Was the district’s proposed placement appropriate?; (2) If not, was the parents’ unilateral placement appropriate (but with relaxed procedural standards for the parents); and (3) If so, do the “equities,” such as the reasonableness of the cost in comparison to available private alternatives, warrant a reduction or elimination of the amount sought? The initial emphasis was on the district’s FAPE obligation. The second step’s relaxed requirements for parents was based on their disadvantaged, secondary position in terms of resources and knowledge. The finishing addition of the equities put a reasonableness boundary on both sides’ conduct. The result has been a multitude of tuition reimbursement cases, with the parents taking a measured risk on the outcome depending on the ultimate determination of this flowchart-like set of criteria.

ADA/504

• The Court has issued various decisions that are applicable to students with disabilities in K-12 schools, although none has arisen in this specific context, in terms of the eligibility and nondiscrimination requirements under Section 504 and the ADA. In Southeastern Community College v. Davis (1979), the Court concluded that Section 504 requires educational institutions to provide “reasonable accommodation,” not substantial modification, to students who meet the three-pronged definition of disability: (1) physical or mental impairment, (2) substantially limiting, (3) a major life activity. In more recent decisions, the Court interpreted the second and third prongs of this definition rather narrowly (e.g., Sutton v. United Airlines, 1999; Toyota Motor Manufacturing v. Williams, 2002); yet, the Court also interpreted “reasonable accommodation” to require waivers in athletics (PGA Tour, Inc. v. Martin, 2001). The result is that districts and parents must consider the federal requirements not only under the IDEA, but also the overlapping requirements under Section 504 and the ADA. For example, for students with IEPs who are otherwise eligible to participate in interscholastic athletics, absolute rules, such as No Pass, No Play, warrant careful consideration for individualized waivers. Further for students who are not eligible for IEPs under the IDEA, districts must have defensible procedures for determining whether the child meets the Section 504/ADA three pronged definition of disability and, for if so, providing FAPE—whether accommodations, such as extra time for testing, or related services—typically via a Section 504 plan.

Discipline

• In Honig v. Doe (1988), the defendant district had suspended for a long period of time two students with emotional disturbance who had victimized their classmates with dangerous behavior that related to their disability. Revisiting the exclusionary history that led to the IDEA and the Act’s procedurally prescribed placement process, including the “stay-put” provision, the Supreme Court ruled that school districts do not have unilateral authority to exclude a special education student from school for more than 10 consecutive days for conduct that was a manifestation of the student’s disability; rather, if the parents do not consent to such a change in placement, the only way under the IDEA was a preliminary injunction from a state or federal court. More recent amendments to the IDEA have preserved the Honig interpretation but have added refinements, such as setting forth the criteria for determining whether the behavior is a manifestation of the child’s disability and providing impartial due process hearing officers with authority to approve 45-day interim alternate placements where the student’s behavior poses a substantial danger to self or others.

Student Discipline and Change in Student Placement- “10

Tickets”

Issue #2

• Crenshaw County’s General Rule of Thumb-– 3-5 Days Suspension: Conduct FBA and Develop BIP– 10 Days Removal from LRE- Conduct MDR

• Each school needs a procedure for notifying case manager

• Limitation of SETS- Coordinators and teachers cannot review the disposition

• To view CCBOE’s FBA, BIP And MDR go to http://crenshawcounty.schoolinsites.com/?DivisionID='1573'&ToggleSideNav=

• In School Suspension: 290-8-9.09(8) “A day of in-school suspension is not a removal from a child’s educational program for disciplinary reasons as long as the child is afforded the opportunity to continue to appropriately participate in the general education curriculum, continue to receive the services specified on the child’s IEP, and continue to participate with nondisabled children to the extent they would have in his or her current placement.”

Crenshaw County's Discipline Procedure

• 290-8-9-.09 (1) (c) “After a child with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal, the public agency must provide services to the child with a disability who is removed from the child’s current placement. The child must continue to receive educational services, so as to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur. “

FBA, BIP (Inclusive of PIS) and the MDR

• Whenever an action involving a removal that constitutes a change of placement for a student with a disability is contemplated, a functional behavior assessment, behavioral intervention, an IEP, and a manifestation determination review is required. – If the results of the manifestation determination review are that the

behavior of the student with a disability was not a manifestation of the student’s disability, the relevant disciplinary procedures, applicable to students without disabilities, may be applied to the student in the same manner in which they would be applied to students without disabilities except that Free and Appropriate Public Education (FAPE) will be provided and educational services will not cease.

– If the misconduct is a manifestation of the student’s disability, school personnel shall not remove the student from school. The IEP Team must consider modifications to the student’s program, IEP and/or Behavior Modification Plan.

Manifestation

• Review and update the existing FBA to include the most recent dispositions. Is the hypothesis accurate?

• Review and modify if needed the BIP. Is he receiving consultation? If so, what is the notion of the counselor. If he is not seeing an out of school counselor he will need to see in the least a school counselor 1 time per week, 30 minutes or otherwise as deemed necessary by the IEP Team.

• Within the BIP, is there evidence of proper positive intervention strategies? Have they been utilized?

• Conclude with the MDR.

• Review the IEP in SETS and make sure that the profile “behavior impedes” learning is marked.

• In the end, you will want an amended profile page followed by the FBA, BIP, and MDR. Final page will be the signature page of the IEP in SETS.

• Don’t forget to get a signed NOPM.

Process for Additional Referrals beyond the First MDR

• 290-8-9.09(2) (d)(e) Special Circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child: 1. Carries a weapon to or possesses a weapon at school, on school

premises, or to or at a school function under the jurisdiction of the SEA or an LEA,

2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA, or

3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA.

Special Circumstances- Weapons and Drugs

• “Riding a bus is a privilege not a right” unless transportation is noted as related service in a students IEP.– If suspension from the bus prohibits the

special-education student from attending the educational portion of his or her program, then the bus suspension is equivalent to suspension from school and is counted as one of the 10 days.

Special Circumstances- Bus Suspension

• Part of a day suspension equals a whole day of suspension.

• Sending the student home relative to behavior as a time-out, even though not coded in STI Office as a suspension, may be perceived as a day of suspension.

• In general, rules that apply to student K-12 apply to preschool programs.

Special Circumstances- Part of a Day, Time-Out at Home, & Preschool

• Changes in Placement– In School Suspension– Out of School Suspension – Alternative School– Homebound (LRE- 08)

• Exceptionalities– OHI- ADD And ADHD– ED– TBI– MR– SLD

Changes in Placement and Exceptionalities

Placement During Appeals- “ Stay Put”• 290-8-9.09 (4) Placement During Appeals.

When an appeal has been made by either the parent or the LEA under this rule, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in this rule, whichever occurs first, unless the parent and the SEA or LEA agree otherwise.

• 290-8-9.09(5)(a) A child who has not been determined to be eligible for special education and related services under these rules and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in these rules if the public agency had knowledge, as specified below, that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

Special Education Rights Extend to Students who are in the "Process"

• 290-8-9.09(6) Whenever law enforcement or judicial authorities are contacted by a public agency personnel reporting an alleged crime committed by a child with a disability, the IEP Team must, within two weeks of the child’s return to a school setting: 1. Conduct a functional behavioral assessment, unless the

LEA has conducted a functional behavioral assessment during the previous 18 months before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child, or

2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior.

Returning from the Judicial Authorities

"To Walk or not to Walk" Participation in Graduation Exercises

Issue #3

Participation in Graduation Ceremony• 290-8-9.10(8)(r)(9) Graduation Activities and Diplomas. Each

student with a disability must be given the opportunity, consistent with the decision of the IEP Team, to participate in the public agency's graduation activities and diploma procedures including the opportunity to earn Carnegie Units. For students who are eligible to graduate, the following rules must be used: – (a) Each student with a disability who earns the appropriate number of

Carnegie Units, based on the approved State courses of study, and passes all portions of the Alabama High School Graduation Exam (AHSGE) must be awarded the Alabama High School Diploma or Alabama High School Diploma with Advanced Endorsement. Students with disabilities as defined by IDEA, including those pursuing the Alabama Occupational Diploma (AOD), are eligible to receive the Alabama High School Diploma if they pass all but one subject-area test of the AHSGE, meet all other requirements for graduation, and have the required alternate documentation (which includes documentation of the disability(s) in the area of the one subject area test of the AHSGE that was not passed).

• (b) Each student with a disability as defined by IDEA must earn the course credits outlined in Ala. Admin. Code r. 290-3-1-.02(8)(g) and take the AHSGE at least once (Spring of the 11th grade) in order to be awarded the AOD. Each student with a disability that is pursuing the AOD must be provided the opportunity to continue working toward earning the AOD if that student is determined, through the reevaluation process, to no longer qualify for special education services.

• (c) Each student with a disability who accumulates the required number of Carnegie Units for graduation, but does not pass the AHSGE must be awarded a graduation certificate and afforded the opportunity to participate in public agency activities related to graduation.

• (d) Each student with a disability who passes the AHSGE, but does not accumulate the required number of Carnegie Units for graduation must be awarded a graduation certificate and afforded the opportunity to participate in public agency activities related to graduation.

• (e) Each student with a disability who successfully completes his or her IEP must be awarded a graduation certificate and afforded the opportunity to participate in public agency activities related to graduation.

• (f) Where a student with a disability has participated in graduation activities with nondisabled age-appropriate peers but has not earned an Alabama High School Diploma, that student is entitled to FAPE until he or she exits school with a regular diploma or to age 21.

• (g) It is the intent and desire of the State Board of Education that graduation activities and procedures for awarding the standard, advanced or any other diploma or graduation certificate to an eligible student, including a student with a disability, be integrated and identical with no distinctions/differentiations made in regard to the way the exit document is awarded or presented.

Co-Teaching

Issue #4

• Models of Collaboration is a three-part project that features elementary, middle, and high school collaboration/co-teaching teams.

•  Each DVD comes with an instructional resources CD containing training materials, a facilitator’s guide with talking points, and a viewing guide for general audiences.

• Schools Represented on video are:– Pike County Elementary School– Oak Mountain Intermediate School– Oxford Middle School– Alba Middle School– Oxford High School– Montevallo High School

Models of Collaboration- Alabama School Improvement Grant (SIG)

• Each DVD contains the following format:– Introduction– Models of Co-Teaching

• Clips in this section feature collaborative teaching teams from elementary, middle, and high school delivering instruction through five common co-teaching models. 

– Supportive & Station Teaching– Dual Supportive Teaching– Alternative Teaching– Parallel Teaching

• Collaborative Planning– Clips in this section demonstrate general and special

education teachers planning during scheduled, sustained, and protected times, for temporary and/or sustained co-teaching.

Contents of SIG Videos

• Conversations with Collaborative Teachers– Clips in this section feature powerful conversation between

general and special education co-teaching teams discussing challenges and rewards of collaboration.

• Seamless Collaboration Continuum– This section features a delivery system of seamless

collaboration, by addressing collaborative activities that range from minimally intensive to extremely intensive.

• Administrative Interviews– Successful collaboration requires support from the top down.

Clips in this section address collaboration from the administrator’s perspective. Building administrators (and one superintendent) discuss their role in creating, maintaining, and sustaining collaboration in their schools and among staff.

Contents of SIG Videos

• Title II, Chapter 1, 20:23- 29:00

• Terry Holladay, Principal Oxford High School

Co-Teaching- Interview with High School Administrators

Scheduling

Biting off more than you can

chew?

• Recommend Personnel

• Develop a Master Schedule– Process starts in January or does it ever end

Most Important Responsibilities of a Principal

• By grade level make a list by name of each type of student:– Special Education Students

• Request a list of all special education students and their need for services

– Honor Students– Advanced Diploma Students– Retentions

• Align the Curriculum by Grade Levels– Consider limits– Include all of the State Required Courses

• Foreign Language• Health• Computer

– Consider AHSGE Remediation

Gather Data

• Note that student needs determine faculty needs, not vice versa.

• Speak to your local superintendent.

• Note the national and state news.– Grades K-3 ... 15.4– Grades 4-6 ... 23– Grades 7-8 ... 21.7– Grades 9-12... 19.6

• (represents raising the divisors by 1.6 in every grade which would result in a decrease of 3,753 teaching units)

• Know that your master and student schedules will change, perhaps even after school starts.

• Determine, by subject, your needs. Must consider: – HQ Status– Area of Certification– Source of funding (i.e. Should you use a special education teacher whose

salary and benefits are paid from IDEA to run an ACCESS lab?)– Know the state now requests the name and position of every teacher funded

with Federal Funds. Recently, the SDE requested information regarding other fund sources used to pay employees.

– Full FTE’s– ACCESS Use

Determine Your Faculty Needs

• What is the probability of appropriate co-teaching services if the IDEA population is disbursed over the entire master schedule? (Slim to None)

• Always consider the highest diploma option first.

• Determine which students may require AOD course offerings.

• Know that most may not pursue an Honors Diploma and that most may pursue a General Diploma.

• What to consider?– Discipline: As you would with any group– General Rule of Thumb: IDEA students should not exceed

50% of total class population

Determine Which Section(s) Your IDEA Students Will Best Fit Into

• Grouping students based on their achievement or ability levels is not impermissible in itself. However, such grouping programs are open to challenge on the basis that they are culturally or racially biased. In Hobson v. Hanson, 269 F. Supp. 401 (D.D.C 1967) aff’d sub nom. Smuck V. Hobson, 408 F2d 175 (D.C. Cir. 1969), plaintiffs challenged the sue of intelligence test scores as a means of placing students into ability groups or tracks. Although the court found the use of the IQ tests to be discriminatory, the court did not specifically find the tracking scheme unconstitutional. The court held that tracking schemes that are reasonably related to educational purposes are constitutionally permissible, unless they create discrimination against identifiable groups of children. Such reasoning was followed in Georgia, where the courts supported ability grouping that allow more resources to be provided to low-achieving students. Georgia State Conference of Branches of NAACP v. Georgia, 775 F. 2d 1403 (11th Cir. 1985).” Dr. Dave Dagley, Education Law Training, Superintendents’ Academy.

• Metaphor of Interstate Highway System– Easy Off– Easy Off– May Move Between– Parallel Curriculums

Legality of Groupings-Blue Birds and Robins

• It is not magic but a simple process of “trial and error.”

• Two Spreadsheets– Teachers– Students by Sections

• Begin with what is most important?– Lunch?– Athletics?– Special Education Students?– No, your senior class.

Putting the Puzzle Together: Developing the Master Schedule

Teacher 1 2 3 4 5 6 7Eng. T. A. 12 Eng. A 11 Eng. B 12 Eng. B   11 Eng. A 11 Eng. C AHSGEEng. T. B. 9 Eng. C 10 Eng. B 10 Eng. A 9 Eng. A 9 Eng. B   10 Eng. CEng. T. C. 7 Eng. C 7 Eng. A 7 Eng. B 8 Eng. A   8 Eng. B 8 Eng. CMath T. B 9 Math A 9 Math B 11 Math C 11 Math B 10 Math A   9 Math CMath T. C 8 Math B 7 Mth B 8 Mth C   7 Mth A 7 Mth C 8 Mth BMath. T. A 10 Math B   11 Math A 12 Math B 12 Math A 10 Math C AHSGEPE T. 7 PE 8 PE 9 SS A 9 SS B 9 SS C Girls' Atletics  Sci. T. A 9 Sci. B 12 Sc. B 11 Sci. A 12 Sci. A 9 Sci. A 9 Sci. C  Sci. T. B 11 Sci. B 10 Sc. A 10 Sc. C   10 Sc. B Girls Athletics 11 Sc. CSci. T. C 8 Sc. B 8 Sc. C 7 Sc. A   7 Sc. C 7 Sc. B 8 Sc. ASS T. A. 12 SS B 11 SS A 11 SS B 12 SS A 11 SS C   AHSGESS T. B. 10 SS A 10 SS C 10 SS B Sociology   Boys' Athletics Boys' AthleticsSS T. C. 8 SS C 7 SS C 8 SS A 8 SS B 7 SS B 7 SS A  Rem. T. B. Sk. B. Sk.          Rem. T.           B. Sk. B. Sk.               AG T. Ag Ag   7 Ag 8 Ag Ag AgB/ Mar. T. B   Comp I A Comp I B Comp I C Comp II Yr. Bk. Comp. IIB/Mar. T. A   Bus. Com. 8 B KB 8 C KB Bus. Com. 8 A KB Acct.Band T. 6 Band 5 Band   7 Band 8 Band Mus. Theo. BandFCS T. F & C Sc. F & C Sc.   7 F & C Sc. 8 F & C Sc. F & C Sc. F & C Sc. For. Lang. T Span. I Span. II                         Sped. T. A              Sped. T. B              Sped. T. C              Sped. T. D                             Sixth Grade A   Math X Sci. X Math Y Sci. Y Math Z Sci. ZSixth Grade B   Read. Y Enrich. Y Read. Z Enrich. Z Read. X Enrich. XSixth Grade C   Lang. Z SS Z Lang. X SS X Lang. Y SS Y

Developing the Master- By Teacher

 Total No.

of S.No. Of IDEA 1 2 3 4 5 6 7

12 A 26  Eng. Span. II Sci SS Math    12 B 25 10SS Sci ENG MTH                         11 A 22  SPAN I SS Math Sci. ENG    11 B 24  SCI ENG SS Math      11 C 21 8     Math PE SS ENG SCI                   10 A 27  SS BIO ENG HEA/SOC Math    10 B 22  Math ENG SS HEA/SOC Sci.    

10 C 22 6   SS BIO HEA/SOCCOMP II Math ENG

                   9 A 25  Math COMP I SS ENG SCI    9 B 23  SCI Math COMP I SS ENG    9 C 26 12ENG   PE COMP I SS SCI Math                   8 A 22  MTH PE SS ENG AG KB SCI

8 B 25  SCI PE KB SSHOME EC ENG MTH

8 C 24 9SS SCI MTH KB BAND PE ENG                   7 A 22  PE ENG SCI AG MTH SS BS. SK.7 B 23  PE MTH ENG FCS SS SCI BS. SK.7 C 22 9ENG SS PE BAND SCI MTH BS. SK.                   6 X 24  PE MTH SC MTH SC MTH SC6 Y 24  PE READ ENR. READ. ENR. READ. ENR.6 Z 20 10PE LANG SS LAND SS LANG SS

Developing the Master- By Sections

• Locate and identify the IDEA sections.

• Consider amending the master to increase IDEA coverage.

• Consider the faculty member’s ability and willingness to make accommodations. Is there a need for a co-teacher?

• Consider coverage of elective classes?

• Note problems and make changes.

Developing IDEA Schedules

Teacher 1 2 3 4 5 6 7

Eng. T. A. 12 Eng. A 11 Eng. B 12 Eng. B   11 Eng. A 11 Eng. C AHSGE

Eng. T. B. 9 Eng. C 10 Eng. B 10 Eng. A 9 Eng. A 9 Eng. B   10 Eng. C

Eng. T. C. 7 Eng. C 7 Eng. A 7 Eng. B 8 Eng. A   8 Eng. B 8 Eng. C

Math T. B 9 Math A 9 Math B 11 Math C 11 Math B 10 Math A   9 Math C

Math T. C 8 Math B 7 Mth B 8 Math C   7 Mth A 7 Mth C 8 Mth B

Math. T. A 10 Math B   11 Math A 12 Math B 12 Math A 10 Math C AHSGE

PE T. 7 PE 8 PE 9 SS A 9 SS B 9 SS C Girls' Atletics  

Sci. T. A 9 Sci. B 12 Sc. B 11 Sci. A 12 Sci. A 9 Sci. A 9 Sci. C  

Sci. T. B 11 Sci. B 10 Sc. A 10 Sc. C   10 Sc. B Girls Athletics 11 Sc. C

Sci. T. C 8 Sc. B 8 Sc. C 7 Sc. A   7 Sc. C 7 Sc. B 8 Sc. A

SS T. A. 12 SS B 11 SS A 11 SS B 12 SS A 11 SS C   AHSGE

SS T. B. 10 SS A 10 SS C 10 SS B Sociology   Boys' Athletics Boys' Athletics

SS T. C. 8 SS C 7 SS C 8 SS A 8 SS B 7 SS B 7 SS A  

• Determine to assign your IDEA teachers either by subject or grade.

• Consider the relationship between case load and co-teaching assignment.

• Consider the pros

IDEA Teacher Schedules

Sped. T. A 12 SS B 12 Sc. B 12 Eng. B 12 Math B PLAN 11 Eng. C 11 Sc. C

Sped. T. B 9 Eng. C 10 SS C 10 Sc. C PLAN 9 SS C 9 Sci. C 9 Math C

Sped. T. C 7 Eng. C 7 SS C 11 Math C PLAN 7 Soc. C 7 Math C 10 Eng. C

Sped. T. D 8 SS C 8 Sci. C 8 Mth C PLAN 11 SS C 10 Math C 8 Eng. C

• Use the “grouping” feature in STI to schedule sections of students.

• Other problems will occur. Master as presented does not allow Section C to participate in athletic period. Solution: Move or separate athletic periods.

• Consider similar scheduling for elementary students– ALSDE Gifted Specialists recommend grouping

gifted and IDEA students together.

Other Considerations

Highly Qualified and Special Education Teacher Requirements

Issue #5

• The first provider of core instruction must be the highly qualified teacher.

• New PRAXIS Prep Tool– Give Your Teacher Candidates Tools for Success on The Praxis

Series™ Assessments– To help you prepare teacher candidates to meet the stringent requirements

for teacher licensure, we've developed a workshop series for both your faculty and teacher candidates:

– Faculty Workshops — specifically designed to offer your faculty strategies to prepare your teacher candidates for the Praxis™ tests. This 6-hour workshop provides critical information about the tests and the factors that contribute to test-taker success, as well as offers methods to better support teacher candidates.

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– Request more information or call us at 1-866-925-4162. You may also visit us online.

Highly Qualified

Alabama Administrative Code- Special Education Teacher Certification

• Proper Certification- p. 112

• Penalty- p. 113

• Qualifications- p. 302-310

• Case Load- p. 571

290-3-2-.02 (2)

(a) Each person who serves as a teacher or in an instructional support personnel position in the public schools of the State is required to hold a valid Alabama certificate as prescribed in Ala. Code §16-23-1 (1975).

9d) Proper certification is defined as having a valid Alabama certificate in the teaching field(s) and/or area(s) of instructional support in which the person is assigned throughout the school day. The current edition of the Subject and Personnel Codes of the Alabama State Department of Education, which is updated annually, shall be used to determine whether a person holds proper certification for his or her assignments throughout the school day.

Proper Certification

290-3-2-.02(2)(e)  

An individual who is assigned one or more periods per day in a teaching field in which he or she is not properly certified will cause a penalty of a minimum of $500.00 per teacher per year to be assessed against the employing board of education. Additional information about proper certification is in Rule 290-3-2-.01(30). Additional information about the penalty is in Rule 290-2-1-.01(5)(c). All teachers must be paid according to the State Minimum Salary Schedule. Additional information about the schedule is in Rule 290-2-1-.01(1)(a)2.

Penalty for Improper Certification

290-3-3-.34 Special Education. Additional information about specific programs within special education is provided in Rules 290-3-3-.35 through 290-3-3-.41. (1) Curriculum. In addition to meeting Rules 290-3-3-.03 and 290-3-3-.04, programs to prepare the prospective special education teacher shall meet the target special education rules (Rules 292-3-3-.35 - .41) and shall require a teaching field with a minimum of 32 semester hours of credit with at least 19 semester hours of upper-division credit but does not require a major in Arts and Sciences. The curriculum to prepare the prospective special education teacher shall provide the teacher with:(a) Knowledge of:1. Current federal and State laws and regulations governing and/or impacting on programs for exceptional students.2. Student assessment instruments and techniques, including functional and vocation communicationskills, and the impact of communication on all learning.3. Individualized education program (IEP) format, development, and implementation.4. Stages of speech and language development, characteristics of 12. The coordination and collaboration of special education services and general education. 5. Five core components of a research-based reading program: phonological awareness, alphabetic principles or phonics, fluency, vocabulary, and comprehension.6. Student learning styles and instructional strategies, including collaborative teaching and direct instruction.7. Research-based discipline structures, which include school-wide, classroom, and individual proactive positive behavior supports8. Skills and services which students need as they make the transition from school to the community, including community living, the world of work, and continuing education.9. Resource agencies that provide personnel and services for improving and strengthening educational programs for exceptional students.10. Diverse cultures, including cultural and socioeconomic factors and their impact on eligibility, programming, instruction, interventions, and implementation of services.11. The roles of professionals, students and families as members of a collaborative team.al knowledge and skills.13. Technology, including student assessment for and use of assistive technology devices.

Qualifications of Special Education Teachers

• 290-8-9-.11(2) Number of Student Records for Case Managers. The maximum number of records per teacher is 20; for a speech/language pathologist, the maximum number of records is 30.– Note: This is not indicative of the number

of students that a special education teacher can serve.

Special Educator's Case Load

• Adaptive Physical Education- p. 138

• Autism and Traumatic Brain Injury- p.138

• Early Childhood Special Education- p. 139

• Collaborative Services- p. 142

• Alternative Achievement Standards- p. 143

• Basic Skills- p. 143

Subject and Personnel Codes

Revocation of Special Education Rights

Issue #6

Revocation of Special Education Services

Response to Intervention- Appropriate Math and Reading Instruction

Issue #7Dr. Denise Gibbs, Scottish Rite

Foundation

New Federal Regulations:

• These regulations took effect on October 13, 2006.

• Section 300.307(a)(2) (proposed paragraph (a)(3)) has been changed to clarify that the criteria adopted by the State must permit the use of a process based on the child’s response to scientific, research-based intervention.

Response to Intervention (RTI)

• In determining a student eligible for special education services, specifically in the area of learning disabled (LD), the LEA must consider a severe discrepancy (SD) between one’s predicted

achievement and outcome achievement and rule out lack of appropriate research based instruction in reading and or mathematics. Formerly, the LEA had the option of choosing one of the aforementioned as the determining factor and in most cases the LEA has elected to use the severe discrepancy.

• RTI will affect 80-90% of all special education referrals.

• RTI will not affect those already receiving special education services

Questions

• Is AMSTI a viable SBR program that can be used as a determining factor for LD eligibility?

• Can lack of RTI in reading be ruled out if reading instruction was administered by a “non-highly qualified” teacher?

• Does this eradicate the LD eligibility of the high school student who has never been exposed SBR math and/or reading program?

• What role does SBR play in the BBSST academic referral process?

Conclusions

• As of October 2006, the LEA should determine students LD eligible based on SD and rule out lack of appropriate math and reading instruction as a contributing factor, RTI.– Appropriate instruction is SBR and reflects RTI.

• RTI is a general education function.

• Appropriate instruction must be rendered in the regular education classroom by a “highly qualified” teacher.

Conclusions Continued

• SBR reading programs must contain these essential components:– Phonics– Phonemic Awareness– Vocabulary Development– Reading Comprehension– Reading Fluency

Conclusion

• RTI must be implemented for an appropriate period. – An appropriate period is no less than 180 days (the

equivalent of one school year), but is contingent of the program in use.

• SBR must become part of every academic BBSST referral.– It is strongly recommended that students receive Tier II

interventions if norm referenced scores are between the 10th and 25th percentile.

• In my opinion, these students are our BBSST referred students.

Conclusions Continued

– It is strongly recommended that students receive Tier III interventions if norm referenced scores are below the 10th percentile.

• In my opinion, these are students who may need special education services.

• Tier III SBR interventions must be sought.

• Tier III scheduling for the new school year must be developed.

Possible Results

• Eventually may decrease N-count for AYP.

• Test scores may improve.

• Decrease in special education population and discipline referrals affecting the 10-Day Rule.

Failure to Comply may result in:

• Payback to Federal Government

• Due Process Hearings

Effects of State Performance Plan Indicators

Issue #8

• INDICATOR 1: GRADUATION RATES (Performance) - Percent of youth with IEPs graduating from high school with a regular diploma. – Target: Increase students with disabilities exiting

high school with a regular diploma by 2%.

• INDICATOR 2: DROP-OUT RATES (Performance) - Percent of youth with IEPs dropping out of high school. – Target: Decrease number of students with disabilities

who drop out of high school by 0.25% annually.

State Performance Plan Indicators (SPPI)

• INDICATOR 3: ASSESSMENT DATA (Performance) - Participation and performance of children with disabilities on state-wide assessments: – A. Percent of districts that have a disability subgroup that meets the

State’s minimum “n” size meeting the State’s AYP objectives for progress for disability subgroup.

– B. Participation rate for children with IEPs in a regular assessment with no accommodations; regular assessment with accommodations; alternate assessment against grade level standards; alternate assessment against alternate achievement standards.

– C. Proficiency rate for children with IEPs against grade level standards and alternate achievement standards.

• Target is to increase students with disabilities participation to 99%.• Target is to increase students with disabilities proficiency by 4%.

SPPI

• INDICATOR 4: SUSPENSION/EXPULSION (Performance) - Rates of suspension and expulsion: – A. Percent of districts identified by the State as

having a significant discrepancy in the rates of suspensions and expulsions of children with disabilities for greater than 10 days in a school year.

– Target is to decrease discrepancy in the district by 3%.

SPPI

• INDICATOR 5: SCHOOL AGE LRE (Performance) - Percent of children with IEPs ages 6 through 21:

– A. Removed from regular class less than 21% of the day; – B. Removed from regular class greater than 60% of the day; or – C. Served in public or private separate schools, residential placements, or homebound or

hospital placements.

• INDICATOR 6: PRESCHOOL LRE (Performance) - Percent of preschool children with IEPs who received special education and related services in settings with typically developing peers (i.e., early childhood settings, home, and part-time early childhood/part-time early childhood special education settings).

• INDICATOR 7: PRESCHOOL OUTCOMES - (Performance) - Percent of preschool children with IEPs who demonstrate improved:

– A. Positive social-emotional skills (including social relationships); – B. Acquisition and use of knowledge and skills (including early language/communication and

early literacy); and – C. Use of appropriate behaviors to meet their needs.

• INDICATOR 8: PARENT INVOLVEMENT (Performance) - Percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities.

SPPI

• INDICATOR 9: DISPROPORTIONALITY-CHILD WITH A DISABILITY (Compliance) - Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification.

• INDICATOR 10: DISPROPORTIONALITY-ELIGIBILITY CATEGORY (Compliance) - Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate identification.

• INDICATOR 11: CHILD FIND (Compliance) - Percent of children with parental consent to evaluate, who were evaluated and eligibility determined within 60 days (or State established timeline).

• INDICATOR 12: EARLY CHILDHOOD TRANSITION (Compliance) - Percent of children referred by Part C prior to age 3, who are found eligible for Part B, and who have an IEP developed and implemented by their third birthdays.

• INDICATOR 13: SECONDARY TRANSITION (Compliance) - Percent of youth aged 16 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals.

• INDICATOR 14: POST-SCHOOL OUTCOMES (Performance) - Percent of youth who had IEPs, are no longer in secondary school and who have been competitively employed, enrolled in some type of postsecondary school, or both, within one year of leaving high school.

SPPI Continued

• INDICATOR 15: IDENTIFICATION AND CORRECTION OF NONCOMPLIANCE (Compliance) - General supervision system (including monitoring, complaints, hearings, etc.) identifies and corrects noncompliance as soon as possible but in no case later than one year from identification.

• INDICATOR 16: COMPLAINT TIMELINES (Compliance) - Percent of signed written complaints with reports issued that were resolved within 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint.

• INDICATOR 17: DUE PROCESS TIMELINES (Compliance) - Percent of fully adjudicated due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party.

• INDICATOR 18: HEARING REQUESTS RESOLVED BY RESOLUTION SESSIONS (Performance) - Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements.

• INDICATOR 19: MEDIATION AGREEMENTS (Performance) - Percent of mediations held that resulted in mediation agreements.

• INDICATOR 20: STATE REPORTED DATA (Compliance) - State reported data (618 and State Performance Plan and Annual Performance Report) are timely and accurate.

SPPI Continued

Implications of First Choice

Issue #9

• Link: http://www.alsde.edu/html/doc_download.asp?id=9690&section=101

• Beginning with the ninth grade class of the 2009-2010 school year, ALL students will have as their default diploma option the Advanced Academic Endorsement to the Alabama High School Diploma. The course requirements for all endorsements to the Alabama High School Diploma are presented in Attachment A.

• Should a student and his/her parent or guardian determine that the Advanced Academic Endorsement is not appropriate for the student’s educational needs, the parent or guardian may remove the student from the Advanced Academic Endorsement by meeting with the student’s counselor and completing the Endorsement Change Request Form (Attachment B). This change in endorsement may occur prior to the student entering high school or at logical points throughout the student’s high school experience.

Graduation Requirments(First Choice Implementation Guide 2009-2010)

• Following the spring administration of the Alabama High School Graduation Exam (AHSGE), twelfth grade students who have not passed all sections of the AHSGE may choose the Credit-Based Endorsement of the Alabama High School Diploma if approved as an endorsement by the LEA and if the student has met the following criteria:

1. Successfully met the academic course requirements as established by the local school system.

2. Successfully met the course requirements for one career and technical education course.

3. Passed the reading, mathematics, and one other subtest of the AHSGE.

•  Once a student chooses the Credit-Based Endorsement, it will serve as the final endorsement to the Alabama High School Diploma. A Credit-Based Endorsement Request form must be completed and signed by the graduating senior and his/her parent or guardian and submitted to the high school counselor in order to receive the Credit-Based Endorsement (Attachment C).

Credit-Based Diploma

• The 4/5, AKA “Exception Rule” is alive and well. It remains in the AAC. The 270 work hours remain as part of the requirements for the AOD and thus are a requirement for the 4/5.

• The 3/5 is as was and is. The 270 hours are a requirement for the AOD and are therefore a requirement for special education students in pursuit of an AOD gone 3/5 after spring testing of their senior year.

• The regular diploma requirements are as they have always been.

• Students should be earning a Carnegie Unit for their 270 hours of work. This co-op credit is one of the required 24 units. In the personnel code, p. 94, under code 701102, Work-Based Experience/Coordinated Studies Seminar, you will find and explanation of the course. The in-field teaching requirements are that of any business marketing, family and consumer science, and/or agribusiness teacher.

First Choice/Diploma Options Talking Points

The Woeful IEP

Issue #10

• Ingredients of the IEP– Surveys: Parent, Student, General Educator, etc…– Requires the Consideration of: Past IEPs, State Testing, Most Recent

Evaluations, Discipline Reports, etc…– May require additional assessments administered by the special

education teacher– Includes Related Services: OT, PT, Speech, Counselor, etc.– Transition services may need consideration– Present level of achievement must be established– Annual goals must be chosen carefully.– Accommodations and modifications regarding delivery of instruction

and assessments must be considered.– Accommodations and modifications regarding State Assessments

must be considered.– Special Education rights must be discussed.– Etc.

Time Consumption

• Grant time during the day to develop IEPs.

• Grant time during the day to host IEP Meetings.

• Assure the attendance of appropriate personnel.

• Periodically remind persons responsible for implementation that the IEP is a legal binding contract between the student and the LEA.

How Can the Principal Help?

Communicating with Parents of a Child with an Exceptionality

Some Ideas were borrowed from

Todd Whitaker and Douglas J. Foire:

Dealing with Difficult Parents

• “When we treat man as he is, we make him worse than he is; when we treat him as if he already were what he potentially could be, we make him what he should be.” - Johann Wolfgang von Goethe

Communication is the Key

• Know your audience.– Most irate parents want to be listened to more

than they want someone to solve their problems.

– They may live in an environment where no one listens.

– They may work in an environment where no one listens.

Listen! An Ear, Not an Answer.

• Play on Semantics- “The glass is half-full.”– Speak of the child’s ability. Tell me what

Johnny can do.

• Keep the “Nails off of the Chalkboard” – What bothers you? – Exceptionality is preferred over disability.

• Become an ally of the parent and child.– Ask for the parent’s help

• Be Willing to Say I am sorry

Semantics

• If you or someone you supervise makes a mistake that may upset parents, we often dread and even put off contacting parents.

• Especially when there is bad news to deliver, you want to be the first person to deliver the news to the parents. – A child’ rendition of an occurrence is seldom

similar to ours.– Lasting perceptions are formed from a first

opinion.

When It’s Important to be First

• This is one approach that that may be applied to many situations:– “I am sorry that happened. I

appreciate you calling me with that information. You can make sure that I will look into that tomorrow. I sure am sorry that happened.”

Sorry Seems to Be the Hardest Word

• “What is best for students” eliminates feeling defensive.

• Educators should never feel defensive and they should never be offensive.

• It is acceptable to feel awkward, uncomfortable, intimidated, but we should never feel defensive.

• If do feel defensive, then it is probably because we, or someone we are attempting to support, has done something wrong.

• Biggest reason for being defensive: “Why didn’t I know?”

• If we have done something wrong, then it is essential that we apologize for our actions and work diligently to not have the incident to occur again.

Do you feel defensive? If so, something is wrong.

• Seldom if ever, should we deliver bad news in writing. We often do this for our own convenience and because it may disallow us to get an ear full. It may allow for the student to share their side prior to yours. It allows the reader to insert their choice of tone.

• The phone is our best friend, unless it’s ringing. Use a relaxed, confident tone.– “Hi,! Mrs. X this it Mr. Z, assistant principal at Y Junior

High. I am sorry to bother you at work, and I did not know if Billy shared this with you or not, but today Billy hit a girl in the hall and as a result, he will receive three days ISS.”

The worse the news, the more effort we use.

• “Mrs. X what do you think we can do to help avoid this type of situation in the future?”

• “Mrs. X, would you please visit with Billy tonight and discuss alternative behaviors that he could choose in the future?”

Shift the Focus to the Future

• Be aware of what you do not know and shift to what you do know.– “One of the tough things about this situation,

Mrs. X is that for the two people talking right now, neither one of us was there. And obviously, neither of us can sort out what exactly did occur. However, I want to share with you what I saw Billy….”

Reestablish Control

• Using a calm tone, speaking s-l-o-w-l-y, with confidence:– “Mrs. X, please do not talk with me like that. I

will never speak to you like that, and I will never speak to your son/daughter like that. And no one in this school will ever speak to you like that , and no one in this school will ever speak to your son/daughter like that.”

Please Don't Talk to me like That

Arguing with a parent

is like mud wrestling a pig . . .

You both get dirty and the

pig loves it . . .

• Arrange the room so that school personnel are dispersed evenly. The arrangement should not be reflect “us verses them.”

• Allow parents to bring whomever they want to the meeting (the exception being the lawyer).

• Thank the attendees for taking time out of their busy schedule.

• Introduce those present.

• Listen.

• Allow the parents to speak first and uninterrupted.

• Use positive semantics. Speak of the child’s exceptionality and not their disability.

• Always address the student’s strengths first.

• Become an ally.

• Repeat what the parent says.

IEP Meeting Suggestions

• Stay to the facts.

• Do not imitate or mock the student.

• Use positive body language. Open armed with appropriate eye contact, soft, confident voice.

• Ask your teachers to send a rough draft home prior to the meeting. Ask the parents to “pencil in” their comments.

• Utilize a projector and screen when presenting the IEP.

• Periodically, remind parents and the IEP Team that the IEP is still in draft form and that their comments are welcomed.

• Include parent comments in the profile (i.e. According to Mrs. Smith, mother, Johnny does…)

Additional Suggestions for IEP Meeting

SETS Web

It is out there!

• School Administrators need access to each student’s IEP

• Coordinators may grant them “read only” rights by:– Utilities

• Employee- Insert or import each administrator• Security Desktop- Insert Group by school (i.e. BHS P and

AP). Add each administrator to this group. Limit access per Edit Permission (you must limit 1. form type 2. menu item and 3. school).

– Administrators will begin to understand the necessity of granting special education teacher (SETS Maintenance Time)

Principal's Access to SETS

• On a cold February day, in a lowly pasture of Crenshaw County, there stands a little bird shivering, freezing. Along comes a cow and what does the cow do but poop on the little bird. At first the little bird thinks “Wow! this is warm,” then then the properties of poop begin to set in. He begins to shout ,“Someone come help me, someone please…” A fox comes along, takes him from the poop, cleans him up and eats him.

• Principals in the line of duty, remember:– Not everybody who poops on you is your enemy.– Not everybody that pulls you out is your friend.– Sometimes, when in poop, you need to just sit in the poop

and keep your mouth shut.

Parting Words of Wisdom

Have a Great Rest of the Year!