PC Minutes 11-18-10 by jizhen1947


									Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

Members Present:         John Blakely           Kim Cobine          Mindy Fattig             Richard Graey
                         Lee Ann Lanning        Dena McCullough     Ron Pontoni              Kenny Richards
                         Paula Wyant-Kelso      Don Scheerschmidt (for McAllister)

Members Absent:          Tom Anthony            Mike McAllister       Don Olson

Guests:                  Bettina Blackwell      Pedro Albeyta         Sally Hadden           Patti Hafner
                         Larry Hudspeth         Paul Meyers           Carrie Roth            Mary Varner
                         Kristen Biernacki      Emily Lewis           Holly Sage             Elena Soloviev
                         Christine Cervantes

1.0       CALL TO ORDER
          The meeting was called to order at HCOE Sequoia A/B room at 9:10 AM by Ron Pontoni. Ron
          expressed his concern about not receiving the PC packet until just before the meeting. Bettina explained
          that she has needed to attend to student crisis and parents requests for IEPs which has left her with very
          little time. She said that a program specialist is needed to help with the case load.

          Item 6.1 will be moved to immediately follow Public Comment to allow the Behavior Specialists to
          present early in the meeting and then leave to work on their caseload.

          3.1 September 16, 2010

          A motion was made by Richard Graey to accept minutes as presented and was seconded by Mindy
          Fattig. The motion passed with Dena McCullough abstaining.

          Holly Sage announced that Red Grammer will be performing December 3rd at the Eureka Theater.

          6.1  Behaviorist Presentation – Larry Hudspeth & Carrie Roth
               Bettina introduced the Board Certified Behaviorists for Humboldt County; Larry Hudspeth and
               Carrie Roth.

                 Larry Hudspeth explained what qualifications and credentials he holds along with the referral
                 process to access his services. He currently has approximately 22 students on his caseload which
                 mainly consist of high school age students with a few 6-7 year olds.

                 Larry described how he assists in setting up classrooms and providing staff/student interaction
                 guidance. He also performs assessments and gathers information which enables him to write
                 Behavior Plans. He then implements the plan with staff training by modeling the plan in the
                 classroom and then observes to make sure the plan is implemented. He often recommends to
                 districts to provide on-going staff training and meetings despite budget cuts.

                 Carrie Roth has 22 students, primarily K-5 throughout the County, with a variety of support
                 needs. Her schedule of visits depends on the challenges of the children and the intensity and
                 time involved. She provides tools to the teams and works with the staff providing training and
Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

              assessments. She mentioned a summer pilot training with 82 participants. She feels that this was
              the beginning of more training to follow.

              Carrie added that she must be creative in finding opportunities to meet with the school teams and
              windshield time makes it even more difficult to cover all of Humboldt County.

              Carrie is looking into cost efficient staff training to meet the needs of districts. HCOE and the
              SELPA are considering an open portal allowing new employees to take on-line courses and for
              follow-up training with on-going staff members.

              Holly Sage commented on the staff not really understanding the deficits and encouraged staff to
              attend the Diagnostic Center’s Training. She felt that Executive Functioning is an area of need.

              Pedro Abeyta asked about the process to request services and Bettina explained that the SEIS
              document library has a Request for Behavior Services form to complete and send to Shelby
              Peterson for follow-up. The school needs to document the needs and actions taken so far. A
              triage is done by Shelby which often involves her going to the school site for observation. She
              will then determine if a Behaviorist is needed. The follow-up is done by Larry, Carrie or Peter
              Stoll. Peter is the Behaviorist and Psychologist. He also works with the Emotionally Disturbed
              students at South Bay. Kim encouraged the districts to complete the referral process rather than
              calling Peter directly so that his time is not fractured.

              The Policy Council recommended that Bettina send a letter regarding the Behaviorist
              Process/Referral to the new Superintendents.

              A parent expressed appreciation for the behavior services as her child has benefitted from the
              services. She is concerned as the case load increases how services can be maintained. Kenny
              answered that we are maintaining more in Special Education than in General Education and it is
              a constant juggling to provide services. Larry mentioned that maintaining the Behavior Plans are
              difficult since children often stay on their caseload until they graduate.

              Pedro commended the Behaviorist on their services in covering the vast county but he’s also
              concerned about immediate needs as they increase. Carrie mentioned the need to have another
              person, not at a behaviorist level, which would assist with support after a plan has been
              developed. Dena said that a more proactive level would be for the districts to employ their own
              behaviorist and be reimbursed. Ron asked how many SCIA aides work with these identified
              students and the Behaviorists said that most have 1:1 aides.

              Ron asked for a continuing report regarding the issue of more support at a later time.

       5.1  Elect 2011-12 Officers and Parliamentarian for 2010-11

              A motion was made by Richard Graey and seconded by Kenny Richards to elect John
              Blakely as Parliamentarian for the balance of 2010-11. The motion passed with all in

              A motion was made by Paula Wyant-Kelso and seconded by Lee Ann Lanning to elect the
              following officers for the 2011-12 Policy Council.
Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

                             Chairperson – Richard Graey
                             Vice Chairperson – Mindy Fattig
                             Parliamentarian – John Blakely

              The motion passed with all in favor.

      5.2     Approve 2011-12 Policy Council Schedule

              Thursday, August 11, 2011 (Sequoia A/B)
              Thursday, September 15, 2011 (ANNEX)
              Thursday, November 17, 2011 (Sequoia A/B)
              Thursday, February 9, 2012 (Sequoia A/B)
              Thursday, March 15, 2012 (Sequoia A/B)
              Thursday, May 17, 2012 (Sequoia A/B)

             A motion was made by Mindy Fattig and seconded by Lee Ann Lanning to approve the
             presented 2011-12 Policy Council Schedule. The motion passed with all in favor.

      5.3     Approve Final Severely Handicapped (SH) Report 2010-11
              The numbers are down 7.5 students SELPA wide. The funding calculations have been prepared
              and will be sent out soon with a final count of 345.74.

              A motion was made by Mindy Fattig and seconded by Paula Wyant-Kelso to approve the
              Final 2010-11 SH Count. The motion passed with all in favor.

       5.4    First Reading of the SDC policy
              Bettina explained that additional clarification is being proposed to the SDC Referral and
              Placement policy regarding the placement closest to the district. The Policy Council appreciated
              the change that notes placement based on the IEP. A second reading will be at the next PC
              Meeting. Mindy asked that the procedures for SDC operations be changed in #5 to reflect the
              policy changes. Bettina will prepare and bring them for the second reading.

       6.1  Behaviorist Presentation Moved to follow Item 4.0.

       6.2    Notification of Cost Form for IEP Placements and Discussion of Policy
              Bettina explained that often districts are being notified in July that they owe additional money
              and therefore she has brought some options for notification and shared them with the council.
              She said that there is already a notification form but no one is using it and it needs to be cleaned
              up a bit. Patty said that ERVA would like to be billed twice a year, and suggested the possibility
              of everyone being billed twice a year. Paul agreed that it might be a good idea to have a
              consistent county wide policy. Kim suggested saying “may charge twice a year”. Discussion
              involved the need to add “may” or saying that the PC recommends billing “twice” a year. Paula
              liked adding a penalty provision for failing to comply while Kenny said that would be a legal
              matter. Ron said that we may not have the power to enforce a penalty. Bettina said that there is
              language that can be used as an example, such as MOE language. The SELPA office would
              monitor the penalty. This is a possible change and will be brought forward at the next meeting
Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

              for a first reading. Ron suggested changing #3 to add “It is strongly recommended by the PC to
              bill twice a year” and specify the months as January and June.

              Mindy made a comment that a query can be done by the districts on SEIS on the June 30th DOR
              making it possible to have a list of their kids that are being served elsewhere. Districts could be
              given a quarterly report of the DOR students and trained on how to do the query. Ron is
              concerned about imposing a time frame penalty and Kenny added that it may cause conflict
              between the districts. He would caution using penalties as there may be a gap in communication
              ie: when staff changes.

              Bettina noted changes in red for the allowable costs. Dena wants further clarification on what
              defines a class.

              Other suggestions include taking “CSIS” out and adding “CALPADS” and then in June asking
              for inter-district transfers to be posted no later than July 31st.

              The Distribution Methodology Program services matrix was updated, including the addition of
              the Behavior and/or Emotionally Disturbed Classroom. Dena would like to suggest saying,
              “Charge back” after the “program reimbursement” on all pages. The entire Master Plan will be
              brought forward again in February or March.

      6.3     Non Public School Master Contract
              Bettina said that many SELPAs adopt a Non Public School (NPS) contract but we don’t have one
              at this time. Therefore, districts are using various contracts at their own attorney’s
              recommendation. Bettina said that we have no negotiated rates at this time and provided a rate
              page from out of the area. Dena recommended that we provide the local negotiated rates. Kenny
              and Mindy have negotiated rates that can be added to the list. Mindy mentioned that her rates are
              significantly higher, nearly $4000 more for a total of $11,000. Bettina will contact the districts
              that have placements and put together the fees list. She reminded the Council that rates are
              negotiable with the NPS. This would end up being a separate policy that would not be contained
              in the Master Plan.

       6.4    Fagen, Friedman & Fulfrost Workshop Report – Mindy Fattig
              Mindy said that a very successful video conference was presented with approximately 25 in
              attendance. She went over the topics that were covered at the workshop and encouraged more of
              the same type of workshops in the future. Kim suggested a follow-up workshop in the spring.

              Bettina said that conference binders are still available in the SELPA office and to contact Teresa
              if anyone would like one.

      6.5     Rosa’s Law
              A federal law has changed the Mental Retardation (MR) disability to Intellectual Disability. All
              forms will be changed. The CASMIS form will show both until MR is dropped at a later time.

      6.6     Continuum of Special Education Services Report
              Bettina noticed in the plan that the SELPA office is required to complete a Continuum Report,
              but the plan doesn’t specify what is then done with the report. Therefore, Bettina completed the
              report basing it on staffing as of July 5, 2010, with anticipated changes. She found that
              corrections need to be made at Toddy Thomas and South Fortuna along with the South Bay
Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

              SDC. Bettina felt the report would be informative to the Policy Council. Bettina said that she
              reported the number of persons, not the FTE. If the FTE was used we do not meet the criteria for
              RST Aide support. She cautioned the districts to not go under the 80% support required or we
              will be out of compliance and penalized.

              She also pointed out that in an SDC the law does not state that the SDC has to have an aide, but
              the Education Code does refer to the local plan and severity of students. The plan states the
              SELPA encourages matching the same allocation as Resource Specialist programs. Her concern
              is that there are SDCs with IEP goals that are not being met because they do not have aides in the
              classroom. Ron said the districts need to return correct information in a timely manner to ensure
              accurate accountability.

      6.7     Director’s Report
              Bettina talked about the upcoming CASEMIS report due December 1, 2010. In past years we’ve
              been able to do revisions after the due date, but that will no longer be allowed. The SELPA will
              not be able to add or delete students from the districts. She is stressing the correct information
              be submitted by December 1. Bettina reminded the districts that IEP’s need to be affirmed and
              attested or they won’t be counted.

              Bettina also said that Mental Health (MH) has been working with her regarding the possible
              AB3632 changes. She included a letter in the packet from Fred Balcom regarding MH services
              and directions on what we should do. She distributed a copy of a lawsuit which Humboldt
              County Mental Health is part of. The lawsuit asks that AB3632 be thrown out. MH has asked
              to meet with Bettina regarding referring children back to their districts. She told them that until
              we hear from the courts we will not be transitioning any students. MH feels that they will
              prevail and the kids will be transitioned. Bettina said that Phil Crandall met with Garry Eagles
              regarding services. Bettina will meet with Phil after Thanksgiving regarding continuing AB3632
              services until things get sorted out.

              Kim reported that Phil, when he met with Garry, said that there isn’t enough money to serve the
              kids as the $77,000 is being used for out of state placements. Del Norte receives $46,000 that is
              passed through to Del Norte County Mental Health.


       Kim announced that the 1:1 Aide will now be called SCIA so that the aides can be used for more than
       one child. Bettina said that the SCIA policy is one of the policies to be reviewed by the Policy Council
       in the future. She said that all the policies need to be reviewed. Some of the current policies have not
       been reviewed since 1994.

      9.1  Second reading SDC policy
      9.2  Cost forms IEP placement policy
      9.3  Master Contract
      9.4  Low Incidence presentation
      9.5  Budget Updates – may ask for an expanded meeting or bring back in March also
      9.6  SH policy on reimbursement
Superintendent’s Special Education Policy Council
November 18, 2010 Sequoia A/B

       Ron reminded us that Special Education issues are more difficult now than five years ago. He thanked
       Bettina for her service.

       The meeting was adjourned 11:32. The next meeting is scheduled for February 10, 2011.

Respectfully submitted,

Teresa Circe
SELPA Secretary

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