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Special Education Services in Travis USD - Travis Unified School

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Special Education Services in Travis USD - Travis Unified School Powered By Docstoc
					Understanding the
   Mandates and
  Implementation
           Plan for

Special Education
          Services
     in Travis USD
                    A Workshop
        for the Governing Board
                 August 28, 2012
               Four Key Concepts
      to Understanding the Challenges and
        Opportunities of Special Education
 Civil right entitlement with legal accountability

 Entitlement = public funds must first support
  service to children with disabilities

 All children must have opportunity to achieve
  regardless of their subgroup

 Regional governance = cost savings & shared
  risk for small districts such as TUSD (SELPA)
                                 Ways that Solano SELPA
                                    Supports Travis USD
Key tasks for Solano SELPA
    Advocacy – State & Federal
    Special Education Self Review support
    Maintain mental health system
    Continuum of services (SCOE) review
    Staff development
         Early Reading Intervention Academy
         CalSTAT Leadership Institute
         SELPA Staff Development Catalog
         State ACSA Conference presentations (X2)
         Special Education Information System (SEIS)
    SELPA technical assistance referrals
    Alternative Dispute Resolution
    Executive support
    Transition focus/compliance monitoring
    Fiscal monitoring/data analysis/budget support
   Details We’ll Explore that Support The
            Four Key Concepts
Travis USD Special Ed. Statistics
Sources of Law, Including Legal Elements of
 the Least Restrictive Environment (LRE)
Funding/Revenue Sources
Programs/Services/Supports Provided
TUSD Provider Caseloads
State Testing for Special Ed Students and API
 (CST vs. CMA & CAPA)
Placement of Students and Programs on
 Campuses
   Core Operating Principles of Special
  Education Implementation in Travis USD


1. Philosophy of “working smarter” using evidence-
   based instructional practices and processes

2. Unified educational system, without labels when
   possible

3. Work collaboratively using data to guide all
   instructional practices and processes
Distribution of Students
            by Disability
Pupil Count Statistics
                                          Pupil Count Statistics




Entire SELPA Enrollment, by Disability:
Performance Measures
 Preliminary Data from CDE
Performance Measures
 Preliminary Data from CDE
Performance Measures
 Preliminary Data from CDE
Performance Measures
  Preliminary Data from CDE
Sources of Law Related to Serving Individuals with
                   Disabilities

                                                   Section 504
                                              Came first - was about
                                            preventing discrimination
                                 (requires an Accommodation Plan)


                                                               IDEA
                                                      Expanded rights–
                              ensured equal access to be educated
                                  in public school with opportunity to
                                       interact with typical peers, and
                           after later revisions, added accountability
                                  for student success (requires an IEP)
           Sources of Law
 Guiding Special Education Practice

                   IDEA
                   2004


Federal                            CA
Regulations                        Education
written by                         Code
US Dept of                         procedures
Education,                         to meet
but are not                        requirements
technically                        of IDEA
“law”

                  CA Code of
                  Regulations
                written by CA
                 Dept of Ed. to
                    provide
                 administrative
              interpretation and
                   guidance
2 Prong Test for Special Education Eligibility

Must be found to have one of 13 eligible
disabilities:
      Mental Retardation         Other Health Impaired
      Hard of Hearing             Specific Learning Disability
      Deaf                        Deaf-blind
      Speech/Language Impaired   Multiple Disability
      Visually Impaired           Autism
      Emotionally Disturbed      Traumatic Brain Injury
      Orthopedically Impaired


Impairment requires instruction and services, which
cannot be provided with modification of the general
school program
                            What Does “Placement” Mean?
Federal law and regulations state that a child is to be
educated in the school he would otherwise attend if not
disabled, unless the IEP requires some other placement.
            The location of the student’s placement need not be the
home/neighborhood school if the necessary services are not available
there
          Placement ≠ Location, but rather it means points along a
continuum of placement options; physical surrounding
          School administrators have the flexibility to determine
location so long as it is consistent with the IEP

But,
CA law interprets Placement = Location
However, recent Office of Administrative Hearings (OAH)Court rulings affirm Federal
position
                   What is LRE?

Legal Elements of the Least Restrictive Environment
(LRE) are:
 To the maximum extent appropriate, children with
  disabilities are educated with children who are not
  disabled.

 Removal of children with disabilities from the
  regular educational environment occurs only
  when the nature or severity of the disability of a
  child is such that the education in regular classes
  with the use of supplementary aids and services
  cannot be achieved satisfactorily.
                                  (IDEA 20 U.S.C. s1412(a)(5).)
                    What is FAPE?


The key question to ask in building an appropriate,
legally compliant IEP is whether it provides the
student with a “FAPE”…

It’s a Free and Appropriate Public Education if:

        The IEP is reasonably calculated to enable the
child to achieve passing marks and advance from grade
to grade (i.e. receiving educational benefit)

        The district has complied with the procedures
set forth in the IDEA
                 What is FAPE?


The duty to provide FAPE entails a “basic floor of
 opportunity.” It does not require a school district
 to provide the best possible education or to
 maximize educational benefits and opportunities,
 but it must be more than “merely trivial
 educational advancement.”

FAPE must be provided in the “least restrictive
 environment” (LRE)
            Case Law Guides our Practices
A very well known Due Process case in No. California helped to define
what FAPE in the LRE means…
Sacramento City USD v. Rachel H. (9th Cir.1994)



Rachel Holland, an 11 yr old child with Down Syndrome in Sac City USD
with a 44 IQ.
           The family maintained that Rachel best learned social and
academic skills in a regular classroom and would not benefit from
being in a special education class.
           The District contended Rachel was too severely disabled to
benefit from full-time placement in a regular class.

The hearing officer concluded that the District had failed to make an
adequate effort to educate Rachel in a regular class pursuant to the
IDEA.
           Case Law Guides our Practices, con’t.

The Rachel H. Balancing Test is now considered by
Courts when determining if we have offered FAPE in the LRE:
Includes Four factors:

1. Academic benefit
2. Non-academic benefit
3. Effect on teacher/other students
4. Cost


Sacramento City USD v. Rachel H. (9th Cir.1994)
     Special Education Funding


Special education in Travis USD is funded
 via a combination of State and Federal
 special education allocations and grants.

Additionally, special education students
 generate Revenue Limit average daily
 attendance (ADA) funding, as do all
 district enrolled K-12 students.
         Special Education Funding Facts

 Students with disabilities are regular education students first,
  and as such, generate Revenue Limit ADA funding.

 Federal IDEA allocation and preschool grants have never been
  intended to fully fund special education. Presently, the federal
  allocation accounts for approx. 19-20% of special education
  expenses, and is distributed based on the annual pupil count of
  eligible students with IEPs each December 1st.

 Remaining percentage is the responsibility of the State and
  local district. In California, the State allocation is calculated via
  the AB 602 funding model.

 AB602 revenues are allocated to the Special Education Local
  Plan Area (SELPA) based on a rate per unit of ADA. The SELPA
  in turn, allocates the revenues to the member districts based on
  a percentage of ADA, after “off the top slices” are funded.
              2011-12 Special Ed. Revenues
 Travis USD’s allocation is anticipated to represent 11.24% of the total
  SELPA district ADA for both Federal and AB602/State revenues.

 TUSD special education revenues for 2011-12 from Federal
  allocations/grants are as follows:
  * IDEA Direct Allocation                        $ 777,389.83
  * Federal Preschool Grant                       $ 43,653.49
  * DoD PL874 funding for Sp Needs                $ 36,923.81
  * Local Entitlement Preschool Grant             $ 72,930.69
                       Ongoing funds              $ 930,897.82
One time funds:
  * IDEA ARRA one time Allocation                 $ 135,002.22
  * Federal Preschool ARRA one time               $ 27,184.92
  * Local Entitlement Preschool ARRA              $ 16,882.52
                    One time funds                $ 179,069.66
                                        Special Ed. Revenues

The Revenue Limit provides classroom funding
 for those identified students in Special Education
 classes. In 2011-12 we received
                                      $ 421,934.69

For the upcoming school year, Revenue Limit
 ADA is expected to be either:
     $5,188.48 (without Trigger Reduction – Nov tax initiative passes)
     $4,753.60 (with Trigger Reduction – Nov tax initiative fails)
      2011-12 Special Education Expenditures


State / Local Income Sources:
   * AB602 Direct Allocation       $ 541,517.69
   * Workability Program           $ 43,360.00
   * Special Ed Transportation     $ 86,338.00
                                   $ 671,215.69

One time funds:
   * AB602 Excess Allocation       $ 153,363.00
   * One time Mental Health        $ 52,277.61
   * One time adjustment           $ 90,857.50
   * Other local income            $ 10,604.89
                  One time funds   $ 307,103.00
2011-12 Special Education Expenditures, con’t


 Certificated Salaries                $2,519,847.21
 Classified Salaries                  $1,526,863.82
 Salary driven benefits               $1,025,433.16
 Books, Supplies, Equipment           $ 213,812.50
 Contracted Services                  $ 430,850.45
 Payments to other Agencies           $ 674,876.88
                               Total   $6,391,684.02

79% of the Special Education budget is spent on
employees providing services to identified students
2011-12 Special Education Expenditures, con’t


Total Income Received                $ 2,510,220.86
Total Expenditures                  ($6,391,684.02)
Total Encroachment
     to the General Fund             $ 3,881,463.16

More than 15% of the General Fund budget is dedicated
          to the Special Education program.
        Revenue & Expenditure Challenges

 IDEA was designed to ensure that federal funds
  are only used to supplement (not supplant) excess
  costs of providing special education and related
  services to children with disabilities which State
  and local funds do not cover.

 In order to guarantee continued federal funding,
  there is a “maintenance of effort” requirement to
  ensure that a district spend no less than the same
  amount of local and State funds on special
  education as it did the prior year, unless there is an
  appropriate justification for the reduction (e.g. if there
  is a decrease in enrollment, if a student requiring costly resources moves
  away, or retired staff are replaced with less costly employees, etc.).
      Revenue & Expenditure Challenges, con’t.


The local TUSD general fund is negatively
 impacted when IEP-driven special education
 service needs cause expenditures to exceed
 revenues.

Since the IEP is a legal document,
 guaranteeing a civil right entitlement to
 supports and services for which general
 education students are not entitled, we are
 mandated to provide what is appropriate to
 include in a student’s IEP.
         Special Education Programs/Services
             Provided for Travis USD Residents


We have 3 options to provide FAPE in TUSD:
        In locally operated programs on TUSD sites
        In regional programs within the SELPA
        In nonpublic programs

The obligation to provide supports and services in
the LRE influences which option we use
          part of California’s interpretation of “least
restrictive environment” is that we educate the child
as close to the neighborhood school as possible.
                 Special Education Programs/Services
      for Travis USD Residents that We Provide Locally
Programs/Services Operated by TUSD, as needed per
IEP, via pull-out or push-in service model:

 Special Day Classes (SDCs) for mild-moderate
  disabilities
 Resource Specialist Program (RSP) Services
 Speech/Language Services *
 Behavior Specialist Services *
 Psychological Counseling Services *
 Occupational Therapy Services **

* Services that can support students in gen. ed. alone, or in
combination with SDC or RSP academic support
** Related services that must support another special education
service for which the student is eligible
       Special Education Programs/Services
                    for Travis USD Residents
                    Provided by Other LEAs
Regional Programs Operated by Solano COE or
by Neighboring Districts in SELPA:

Services for infant and toddlers under age 3
 requiring an IFSP
SDCs for moderate-severe disabilities requiring
 alternate curriculum
SDCs for deaf/hard of hearing students
 requiring total communication(sign language)
Adult Transition program for adult students who
 haven’t received a diploma
       Special Education Programs/Services
                    for Travis USD Residents
                         Provided by Other LEAs, cont.

Physical Therapy services
Assistive Technology services
SDCs for social/emotional disabilities (TUSD
 operates a high school level program)
Low Vision services
Adapted PE services
          Special Education Programs/Services
                       for Travis USD Residents
                        Provided via Contracts
Nonpublic Programs (for services that can’t be provided on a
public campus or for which the district has no public provider
option):
 Nonpublic Schools (only those schools certified by CDE)
 Nonpublic Agency services (for related services, as certified
  by CDE)
            Caseloads Maximums (per full FTE):
     Certificated/Classified Category             Max Caseload                   Policy Authority
                       
Resource Specialist Program (RSP) teacher           28 students           CA Ed. Code

SDC teacher                                         14 students           TUSD certificated contract


Speech/Language Specialist                  55 for school age students    CA Ed. Code
                                            40 for preschoolers


Occupational Therapist                             30-40 students         Unspecified, but meets local averages
                                                                          and within range of recommended
                                                                          caseload per national OT association
                                                                          standards


Behavior Specialist                         95 hrs./mo. for direct        Unspecified, but meets SELPA
                                            service to students & staff   recommended averages for full FTE
                                            (plus additional time for
                                            data analysis and plan
                                            development/revisions)

Psychologist                                Unspecified caseload –        Unspecified, but within range of
                                            assignment ratio of 1 psych   recommended caseload per TUSD
                                            to every 1,000 students       contract and national association of
                                                                          school psychology standards
 Estimated Total TUSD Staffing Caseloads
         to begin August 2012:

   Certificated/Classified    Total students   # FTE in     Average Caseload
          Category               served        District
 
Resource Specialist Program        281         12.4 FTE              23
(RSP) teacher                                       
SDC teacher (school age)          118          11.0 FTE              11
SDC teacher (preschool age)      10 (+ ?        2.0 FTE                
                                pending
                              assessments)
Speech/Language Specialist        320          6.0 FTE               53
(school age)                                   (1 from
                                               SCOE)
Speech/Language Specialist       21 (+25 in    1.0 FTE     TBD when assessments
(preschool age)                assessment)                       complete
Occupational Therapist               58        1.2 FTE               29
Behavior Specialist              120 hours     1.75 FTE        68 hrs/month 
                                per month 
Psychologist                  District         4.2 FTE     Current Estimated Total
                              enrollment                       District Ratio =
                              estimate of                 1 psych to 1,300 students
                              5,463
                              (49 receiving
                              direct psych
                              services,
                              primarily at
                              GW &VHS)
                                       State Testing
                            for Special Ed Students:
                                       Three Options


1. California Standards Test (CST), with
accommodations and/or modifications
 Accommodations offer alternative ways for
  students to acquire/ share information, but do not
  lower the difficulty level expectations

 Modifications are more intensive changes to the
  difficulty level and /or the quantity of material and
  may, in fact, change the way material is
  presented and the nature of testing.
                                             State Testing
                                 for Special Ed Students:
                                       Three Options, con’t.
2. California Modified Assessment (CMA) is for students
whose disabilities preclude them from achieving grade-
level proficiency on an assessment of the California
content standards with or without accommodations.
      Developed to provide more access so students can better
demonstrate their knowledge of the California content standards.

        Developed by CDE to comply with requirements of NCLB

       In California, approximately two percent of the total
number of students statewide takes the CMA
                                  State Testing
                       for Special Ed Students:
                            Three Options , con’t.
Students eligible to take the CMA are those
who:
 Have taken the California Standards Test
(CST) in a previous year and scored Below Basic
or Far Below Basic in the subject area being
assessed by the CMA, and may have taken the
CST with modifications;
 Or previously took the CAPA Level 2–5 in two
previous years and received a performance
level of either Proficient or Advanced.
                                          State Testing
                               for Special Ed Students:
                                    Three Options , cont.

3. California Alternate Performance Assessment (CAPA) is
designed as an alternate assessment to the California
Standards Test (CST) for students with significant cognitive
disabilities who cannot participate in the CST or the CMA
even with accommodations and/or modifications.

       Developed by CDE to comply with the requirements
of NCLB;

        Links directly to the CA academic content
standards that are accessible to students with significant
cognitive disabilities;

       expect less than one percent of students who must
take CAPA.
                                                  State Testing
                                       for Special Ed Students:
                                             Three Options, con’t.

Students shall take either:
      > CAPA in all subject areas;
      > CST in all subject areas;
      > CMA in all subject areas; or
      > a combination of CST and CMA in
the subject areas being assessed. (The student shall
not be allowed to take both the CAPA and CMA).
      State Testing Options for Special Ed Students
                                                      con’t.


For school Academic performance index (API ) reporting,
the performance level on both CAPA and CMA which
students receive (advanced, proficient, basic, below
basic, or far below basic) is the level that is included in
the API calculations.

        The addition of CAPA or CMA into the API does
not change the API test weights
        The same test weights and calculation rules used
for the CST also apply to the CAPA and CMA.
        If a student took a CMA test, the results are
counted in the students with disabilities (SWD) subgroup.
                     State Testing Options
               for Special Ed Students, con’t.

CA High School Exit Exam (CAHSEE) results
 of a student with disabilities is included in
 the API if the student passed the exam
 anytime during the school year.
           Placement of Students and Programs on
               Campuses: Benefits and Challenges
                    Benefits                                       Challenges
If all SDC students were on one campus,        Because we have too many students requiring
students would not have to change schools      SDC level of supports to have only one K-6 SDC
at all during the elementary years once        elementary site, in the district, we would still
placed into SDC, (like their secondary         have to have two designated sites (one on
counterparts) , unless they are                modified calendar/off base – Foxboro - and
recommended to return to their                 one on traditional calendar/on base - Travis).
neighborhood school for a less restrictive     Also, the numbers may not balance equally,
service.                                       and so students may be shifted to the other
                                               campus if a site reaches class size max.

This could increase the likelihood that              Once services are reduced to supports
students with disabilities (SWDs) served in    that are less restrictive, some families may want
SDCs will form more lasting friendships with   students to remain at the same school rather
their typically developing peers, to further   than return to the neighborhood school, which
support them as they move up toward            would further impact other special ed. support
middle and high school.                        caseloads on the site where SDCs are located.

The API at Cambridge and Center might          There could be an increased # of lower
improve        since there would be fewer      performing SWD subgroup students at the sites
SWDs in the subgroup at those sites if some    with SDCs, which might negatively impact API
lower performing SWDs moved to Foxboro         at those schools.
and Travis Elem.                                
                Placement of Students and Programs on
                    Campuses: Benefits and Challenges
SDC secondary students are already on gen ed.        Because virtually all non-categorical K-6 SDC students
rosters for the periods which they are scheduled in  are mainstreamed more than 50 minutes daily, there
gen. ed. classes, although co-teaching is not yet    may be increased difficulty locating mainstream slots
occurring.                                           in the correct grade level for already impacted
                                                     general education classes (i.e. it may necessitate
SDC elementary students mainstreamed more than additional gen ed. teachers at the site, depending on
50 minutes per day are included in the general ed. the grade level).
teacher’s roster of students per current TUSD
Certificated contract.
                                                            Additional students with disabilities on the same
                                                     campus may skew the natural proportions of typical
                                                     peers to students with disabilities (it is usually no more
                                                     than 10-12% in the USA population).
 Consistent implementation of this practice         [e.g. Foxboro had 98 total SWD (SDC, RSP, & S/L) out of
across all grade levels at an individual elementary 726 total students at end of school year, which was
school would allow the district to explore inclusive already 13% of the student population. An extra SDC
or collaborative teaching options (special           would raise that to 15%].
ed./general ed.), which could improve TUSD’s          
ability to reach expected LRE performance
measures. This is already done in some other         We would want to be consistent in
states.                                              this continuum of SDC service at all elementary sites
                                                     providing the service, and therefore, percentage of
                                                     natural proportions would shift at both sites.
          What Principles
         Guide Our Efforts?
All Adults are Responsible for All Children

All of us have a stake in the success of our
 children. The pronouns must be “we” and
 “our”
Next Steps?

				
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