Hot Issues in the Field of Emotional/Behavioral Disorders Bev Johns and Dr. Mary Camp and Overview Federalthe new ESSA and Pay for Success State New discipline legislation Big money problemsrobbing Peter to pay Paul Recent changes in state special education regulations The new ILCCBD Hotline ESSAEvery Student Succeeds Act (P.L ) Signed by President Obama on December 10, 2015 States develop standards and can adopt alternate academic achievement standards for students with most significant cognitive disabilities TestsMath in each of grades 3 through 8 and at least one in grades 9-12, reading or language arts in each of grades 3 through 8 and at least once in grades 9 through 12 Sciencenot less than one time during grades 3 through 5, grades 6 through 9, and grades 10 through 12 Every state will participate in the NAEP (National Assessment of Educational Progress) biennially. It is given to a sample of school districts every other year More on ESSA Parents Right-to-Knowbeginning of each school year, districts shall notify the parents of each student attending any Title 1 School, that the parent can ask for the professional qualifications of the students classroom teachers Family Engagement in Education Programs--$10 million Allows funds to be used on professional development for teachers and other staff, of children with disabilities or developmental delays, to enhance their knowledge and skills in the following areas: instruction and support for positive behavioral interventions and supports, multi-tier systems of support, and the use of accommodations More on ESSA Eliminates highly qualified Says each state shall ensure that each person employed to teach special education has obtained full State certification as a special education teacher, including allowing for the participate in an alternate route to certification Effort to prevent students push out from school School climate and safety is one of the five factors that states can choose to measure school quality or student success. Discipline data will be collected in state and local report cards, including information on: school climate measures, like rates of suspensions, referrals to law enforcement, and efforts to reduce the overuse of exclusionary discipline. Funding for school-based mental health services, restorative practices, PBIS, bullying prevention, ongoing training on classroom management and trauma informed services, and for identify barriers to family engagement. Pay for Success in EducationSocial Impact Bonds Wall Street making huge profit from schools. Investors loan money to school districts to establish pre-school programs. If children at risk are NOT identified for Special Ed, the school district doesnt have to provide services, and pays the money back (plus profit) to investors Utah claims 99% of students in PFS pre-school NOT identified for special education. On the surface it appears that PRIVATE investors (Goldman Sachs, etc.) are supporting public education but school districts will have to pay business back in PUBLIC funds. In Utah Goldman Sachs may make a 100% profit. Whats Happening in Illinois Senate Bill 100Public Act SOME HIGHLIGHTS: Pupil discipline policies for each elementary and secondary school Districts encouraged to create memoranda of understanding with local law enforcement agencies that clearly define law enforcements role in schools School officials should consider forms of non-exclusionary discipline prior to using out of school suspensions or expulsion Out of school suspensions of 3 days or less may be used only if the students presence in school would pose a threat to school safety or a disruption to other students learning opportunities SB 100 School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties Student may not be issued a monetary fine or fee as a disciplinary consequences, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property More on SB 100 Suspensions of longer than three days or disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted Students who are suspended out of school for longer than 4 days shall be provided appropriate and available support services during the period of their suspension. School districts shall make reasonable efforts to provide ongoing professional development on the adverse consequences of school exclusion, classroom management, culturally responsive discipline and developmentally appropriate disciplinary methods. Where is the state special education money going to go? State Supt. of Education and ISBE for FY17 budget: Reallocate the appropriation for the Special Education Funding for Children Requiring Special Education Services line ($305.2 million) into the GSA (General State Aid) appropriations to increase the Foundation Level. If you are reallocating over $300 million to increase the Foundation Level in GSA, you cannot also spend that money on special education. If you spend the money on special education, you have not increased the Foundation level. MOE (Maintenance of Effort) violation?? State Special Education Regulations Approved by JCAR on December 15, Section In order to provide students with IEPs the free, appropriate education to which they are entitled, each entity subject to this Part shall implement and maintain (formerly it was adopt a plan specifying) limits on the workload of its special educators so that all services required under students IEPs, as well as all needed ancillary and support services, can be provided at the requisite level of intensity. More State Special Education Regulations Work load limits (previously each plan) shall be developed in cooperation with the entitys affected employees and, where there is an exclusive representative, in accordance with the Illinois Educational Labor Relations Act to ensure timely implementation by the start of the school year. Work load limits (previously each plan) shall be based on an analysis of the activities for which the entitys special educators are responsible and shall encompass, but need not be limited to: individualized instruction, consultative services and other collaboration among staff members, attendance at IEP meetings and other staff conferences; and paperwork and reporting Other changes adopted on December, 2015 Date of referral shall be understood to be the date of written parental consent for an evaluation. RTI planadded any amendments to the state plan for RTI will be made in consultation with the statewide teacher organizations, statewide school management organizations, and State Advisory Council on Education of Students with Disabilities (ISBE had wanted to delete) Added correct term in placement optionscontinuum of alternative placement options (previously was continuum of placement options) In the complaint procedures added a time limit for school districts to respond to a complaint which in no case shall exceed 45 days after the complaint was received. Completely eliminates the requirement for ISBE to review and approve the special education policies and procedures of local school districts (and any changes to those policies). Requires screening of students for dyslexia. Age range issues Four years at elementary and six years at secondary Age appropriate settings Class size rulestudent must be served in a class that is composed of students of whom at least 70% are without IEPs, that utilizes the general curriculum, that is taught by an instructor certified for general education, and that is not designated as a general remedial classroom. A student who receives speech services outside of the general education classroom and who does not require modifications to the content of the general education curriculum shall be included in the calculation of the percentage of students without IEPs. Special education class size Class size means the total number of students an educator serves during any special education class. Class means any circumstance in which only students with IEPs are served and at least one special education teacher is assigned and provides instruction and/or therapy exclusively to students with IEPs. Classes in which all students receive special education services for 20% of the school day or less shall have at least one qualified teacher for each 15 students in attendance during any given class. Two more can be added with a paraprofessional provided for the entire class. Classes in which any student receives special education services for more than 20% of the school day but no more than 60 percent of the school day shall have at least one qualified teacher for each 10 students in attendance during that class. Five more can be added with a paraprofessional is provided for the entire class. More on class size Each class in which any student receives special education services for more than 60% of the school day shall have at least one qualified teacher for each eight students in attendance during that class. Can increase by a maximum of five students when a paraprofessional is provided for the entire class. Each class for children ages three through five shall have at least one qualified teacher for each five students in attendance during the class. May increase by 5 when a paraprofessional is provided for entire class. Illinois CCBD Hot Line If you are seeing a violation of class size or or workload Contact viaBev Johns at and Mary Camp atProvide as much information as you can. Provide us with the district specific information. We will file a complaint on your behalf, not utilizing your name If your district has NOT developed a Work Load plan for special educators, please let Bev Johns know at