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?
Pages to are hidden for
"Special Education Services in Travis USD - Travis Unified School "Please download to view full document