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Revised Chapter 14 Special Education Regulations . Trish Andrews Christina Lane Andrews & Price 412-243-9700. Chapter 14 Revisions. 14.102 Purpose: Adds new language, but not new meaning Ensure that children with disabilities: Have access to general curriculum

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revised chapter 14 special education regulations

Revised Chapter 14 Special Education Regulations

Trish Andrews

Christina Lane

Andrews & Price

412-243-9700

chapter 14 revisions
Chapter 14 Revisions
  • 14.102 Purpose:
    • Adds new language, but not new meaning
    • Ensure that children with disabilities:
      • Have access to general curriculum
      • Participate in state and local assessments
      • Are educated to maximum extent appropriate with nondisabled peers
        • Provided supplementary aids and services to do so
      • Schools provide continuum of placement options
        • Even in light of Gaskins
chapter 14 revisions1
Chapter 14 Revisions
  • 14.103 Terminology
    • Clarifies that for children enrolled by their parents in private schools (where FAPE is not an issue) that the intermediate unit is considered to be the LEA for purposes of:
      • Child Find
      • Equitable participation
chapter 14 revisions2
Chapter 14 Revisions
  • 14.104 Special Education Plans
  • Must specify the special education programs operated by district
  • Must describe:
    • Early intervening (not early intervention) services
    • Procedures for identifying learning disability
    • Examples of supplementary aids and services provided
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Chapter 14 Revisions
  • 14.104 Special Ed Plans
    • Access to the full continuum of placement options
    • Policies and procedures to prevent over-identification of minorities
    • Procedures on behavior support
      • Staff training
    • Parent training activities provided
chapter 14 revisions4
Chapter 14 Revisions
  • 14.105 – Personnel
  • Newly added section
  • Instructional Paraprofessionals
    • Definition: school employee who works under the direction of a certified staff member to support and assist in providing instructional programs and services
      • One on one or group review of materials
      • Classroom management
      • Implementation of + behavior support plans
chapter 14 revisions5
Chapter 14 Revisions
  • Instructional paras must meet one of the following qualifications effective 7/1/10:
    • Completed at least 2 years of postsecondary study
      • No specific area required
    • Possess associate degree or higher
      • No specific area required
    • Meet rigorous standard of qualify through state or local assessment
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Chapter 14 Revisions
  • Personal Care Assistants
    • Definition: Provides 1-1 support and assistance to a student including
      • Use of medical equipment
      • Augmentative communication device
      • Activities of daily living
      • Monitoring health and behavior
    • Can provide support to more than one student
      • But not at the same time
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Chapter 14 Revisions
  • Educational Interpreters
    • Definition: provides students who are deaf or hard of hearing with interpreting (ASL) or transliterating services in an education setting
    • Qualifications:
      • Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment for the appropriate grade level to which the person is assigned;
        • Score will be reviewed every 2 years
    • OR
chapter 14 revisions8
Chapter 14 Revisions
  • Qualifications:
    • Be a qualified sign language interpreter or a qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act
      • Oddly Act exempts educators who are interpreting or transliterating in a public school system
chapter 14 revisions9
Chapter 14 Revisions
  • Instructional Paras and PCAs
    • Evidence of 20 hrs of staff development
      • Each school year
      • Related to their assignment
        • How closely related?
  • Interpreters/Transliterators
    • Evidence of 20 hrs of staff development
      • Each year
      • Related to interpreting or transliterating
chapter 14 revisions10
Chapter 14 Revisions
  • Caseloads
    • Definitions:
      • Full Time: special education provided by special education personnel for 80% or more of school day
      • Itinerant: special education provided by special education personnel for 20% or less of school day
      • Supplemental: special education provided by special education personnel for more than 20%, but less than 80% of school day
        • Combines old “part time” and “resource”
chapter 14 revisions14
Chapter 14 Revisions
  • Caseloads
    • Aside from probable typo, no major changes
    • Schools may still ask for variance in special ed plan
      • But now must provide a copy of notice to public indicating district’s intent to request waiver of caseload requirements
      • Must tell parents, teachers and other of opportunity to comment on waiver request
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Chapter 14 Revisions
  • 14.106 Access to instructional materials
    • New provision
    • Addresses the timely provision of print materials to blind students
      • Braille
      • Audio
      • Digital
      • Large print
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Chapter 14 Revisions
  • Timely means:
    • District takes steps to ensure blind child has access to materials at the same time as students without disabilities
      • Cannot meet standard by withholding instructional materials to other students until accessible format is available
      • Can meet standard by providing portion of materials that covers the chapter currently being taught
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Chapter 14 Revisions
  • Timely:
    • If blind child enrolls in school during school year
      • Take steps to ensure access to materials within 10 school days
  • Districts to coordinate with National Instructional Materials Access Center (NIMAC)
chapter 14 revisions18
Chapter 14 Revisions
  • 14.107 Complaint Procedure
    • Not new, but new provision
    • Department will establish complaint procedures and provide Districts with notice of procedures
      • Unclear if procedures are going to change
      • When notice will be provided
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Chapter 14 Revisions
  • 14.108 Access to Classrooms
    • Parents have reasonable access to child’s classroom
    • Within parameters of LEA policy
      • DEVELOP POLICY!!!
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Chapter 14 Revisions
  • 14.121 Child Find
    • Public awareness activities informing public of services
      • New: Written information must be published in:
        • School district handbook
        • School district website
      • New: Must include information on potential signs of developmental delays and other risk factors that could indicate disabilities.
    • Must also continue to provide annual public notice
chapter 14 revisions21
Chapter 14 Revisions
  • 14.122 Screening
    • System of screening
      • May include “early intervening services”
        • Remember can use 15% of IDEA money for this
      • Can still use IST Teams
    • Screening process must include
      • Hearing/vision (not new)
      • Reasonable intervals to determine:
        • Performance on grade appropriate standards
        • In core academic subjects
chapter 14 revisions22
Chapter 14 Revisions
  • Early Intervening Services
    • May be included in process
    • MUST be included in process where districts have disproportionality in identification
      • Verification that student receives appropriate instruction in reading
        • Including essential components of reading
      • And math
      • If concern is academic, assessment of student’s performance on state-approved grade level standards
chapter 14 revisions23
Chapter 14 Revisions
  • Early Intervening Services
    • If behavior concerns, systematic observation of behavior
    • Researched based intervention to increase rate of learning or behavior
    • Repeated assessments of achievement to monitor progress
    • Determine if difficulties are result of lack of instruction or limited English proficiency
chapter 14 revisions24
Chapter 14 Revisions
  • Early Intervening Services
    • Determine if student’s needs exceed ability of regular ed program
    • Document progress was periodically provided to parent
  • Screening does not bar the right of parent to request an evaluation
chapter 14 revisions25
Chapter 14 Revisions
  • 14.123 Evaluations and 14.124 Reevals
    • Does change timeline to 60 calendar days for initial evaluation and reevaluation
      • After receiving written parental consent
      • BUT . . Summer does not count!
    • If parent request eval in writing:
      • School must make PTE form “readily available”
    • If parent request eval orally
      • PTE must be provided to parents within 10 calendar days of the oral request
      • Make sure staff is aware of this change!!!
chapter 14 revisions26
Chapter 14 Revisions
  • Copies of eval or reeval report:
    • Given to parents at least 10 school days prior to IEP meeting
    • Unless waived by parents
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Chapter 14 Revisions
  • 144.125 SLD Criteria
    • All new section
    • Each school district and IU must develop procedures for determining SLD
      • Procedures to be included in sp. ed. plan
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Chapter 14 Revisions
  • To determine SLD school/IU shall
    • Address whether child does not achieve adequately for age or meet state-approved grade level standards when:
      • Provided with learning experiences and scientifically based instruction appropriate for age or grade level
chapter 14 revisions29
Chapter 14 Revisions
  • What areas are to be assessed:
    • Oral expression
    • Listening comprehension
    • Written expression
    • Basic reading skills
    • Reading fluency skills
    • Reading comprehension
    • Math calculations
    • Math problem solving
chapter 14 revisions30
Chapter 14 Revisions
  • School/IU can use 1 of the following procedures: (each school chooses)
    • Response to scientific, research-based intervention documenting that:
      • Student received high quality instruction in regular ed
      • Research-based interventions were provided
      • Progress regularly monitored
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Chapter 14 Revisions
  • OR:
    • A process examining whether child exhibits a pattern of strengths and weaknesses relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement , or relative to age or grade
chapter 14 revisions32
Chapter 14 Revisions
  • 14.131 IEPs
    • Must include a description of the type or types of support student will receive
      • Cannot be based on category of disability alone
      • Child may receive more than one type of support
        • Outline in IEP
chapter 14 revisions33
Chapter 14 Revisions
  • Placement
    • Special ed supports and services may be delivered in regular ed classroom or other settings
      • Team must first consider regular classroom with supplementary aids and services before considering services in another setting
chapter 14 revisions34
Chapter 14 Revisions
  • Transition
    • Back to age 14
    • Includes measurable postsecondary goals
      • Training
      • Education
      • Employment
      • Independent living, when appropriate
chapter 14 revisions35
Chapter 14 Revisions
  • IEP Attendance
    • Proposed but deleted:
      • IEP Members cannot be excused
    • Follow IDEA requirements
      • Required members can only be excused with parental consent!
chapter 14 revisions36
Chapter 14 Revisions
  • 14.132 ESY
    • Not new procedures, but finally codified in regulation
    • Requirements for children with severe disabilities
      • Autism/PDD
      • SED
      • Severe MR
      • Degenerative impairments with mental involvements
      • Severe multiple disabilities
chapter 14 revisions37
Chapter 14 Revisions
  • Children with severe disabilities:
    • IEP must occur no later than Feb. 28 each yr
    • NOREP must be issued not later than March 31
    • If student transfers to your district after these dates and no determination has been made
      • New school must make determination at IEP mtg
chapter 14 revisions38
Chapter 14 Revisions
  • Other students:
    • Timelines not required
    • Decisions made in a “timely manner”
  • Parents asking for due process on ESY
    • Expedited
chapter 14 revisions39
Chapter 14 Revisions
  • 14.133 POSITIVE Behavior Support
    • Stresses the word “Positive” throughout
    • Must utilize POSITIVE behavior techniques
      • Positive reinforcement
      • Positive verbal statements
      • Specific tangible rewards
      • Shape student’s behavior
    • Interventions must be least intrusive necessary
chapter 14 revisions40
Chapter 14 Revisions
  • Behavior Support Programs
    • Must include research based practices and techniques
    • Must be based on FBAs
    • Developed by IEP Team
    • Becomes Part of IEP
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Chapter 14 Revisions
  • Restraints
    • Prohibits the “unreasonable” use of restraints
      • Stops short of prohibiting entirely
    • Measure of last resort
    • Only use after other less restrictive measures
    • Prohibits prone restraints
      • Student is held face down on floor
chapter 14 revisions42
Chapter 14 Revisions
  • Restraints
    • Definition: the application of physical force with or without the use of a device, for the purpose of restraining the free movement of student’s body
    • Does not include:
      • Briefly holding , without force, a student in order to calm or comfort
      • Guiding child to appropriate activity
      • Holding student’s hand to safely escort from one area to another
chapter 14 revisions43
Chapter 14 Revisions
  • Restraints do not include:
    • Hand over hand assistance with feeding or task completion
    • Techniques prescribed by qualified medical professional for safety, therapeutic or medical treatment
      • Must be agreed to by parents
      • Specified in IEP
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Chapter 14 Revisions
  • Restraints do not include:
    • PT or OT devices
    • Seatbelts in wheel chairs
    • Belts on toilets used for balance and safety
    • Safety harnesses on buses
    • Functional positioning devices
chapter 14 revisions45
Chapter 14 Revisions
  • Use of restraints:
    • School must:
      • Notify parents of use of restraints
        • Document!
      • Call IEP meeting within 10 school days of use
        • In writing
        • Parents can waive meeting
          • Must be in writing
        • Team decides whether child needs FBA, Reeval, a new or revised BSP or change of placement to address behavior
chapter 14 revisions46
Chapter 14 Revisions
  • Restraints may only be included in IEP when:
    • Used with specific component elements of positive behavior support
    • Used in conjunction with teaching of socially acceptable alternative skills to replace problem behavior
    • Staff authorized and trained
      • Authorized by whom?
    • Plan in place to eliminate use of restraint through positive behavior support
chapter 14 revisions47
Chapter 14 Revisions
  • Documentation of use of restraints:
    • Schools must maintain and report data on use of restraints
    • Report will be reviewed during cyclical compliance monitoring
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Chapter 14 Revisions
  • Reports to Law Enforcement
    • Still permitted
    • But . . . After referring child with disability who has a BSP to law enforcement, an updated FBA and BSP is required
    • Pass this on to Principals!!
chapter 14 revisions49
Chapter 14 Revisions
  • 14.143 Disciplinary Placements
    • Language regarding 15 cumulative school days remains
    • Therefore, rule of discipline remains:
      • Suspension permitted for 10 consecutive days; and
      • 15 cumulative days per school year
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Chapter 14 Revisions
  • 14.145 LRE Requirements
    • Not new rules, but now codified in regs
    • Students with disabilities educated in LRE:
      • To maximum extent appropriate and as provided in IEP, child is educated with nondisabled peers
      • Special classes, separate schools or other removals from regular ed occurs only when the nature or severity of disability is such that education in reg ed class with appropriate supplementary aids and services cannot be achieved satisfactorily
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Chapter 14 Revisions
  • LRE: Child cannot be required separate education
    • Because s/he cannot achieve at the same level as nondisabled classmates; or
    • If the child can, with the full range of supplementary aids and services, make meaningful progress on IEP goals
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Chapter 14 Revisions
  • May not be removed from regular ed solely because of:
    • the nature or severity of the disability
    • additional costs
    • administrative convenience
  • Still must provide access to full continuum of placement options
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Chapter 14 Revisions
  • Procedural Safeguards:
    • Prehearing Conference language removed
    • Adopts IDEA’s requirement for Resolution Sessions 14.163
      • Specifies that parent advocates can attend
    • Mediation still available
chapter 14 revisions54
Chapter 14 Revisions
  • 14.162 Due Process Hearings
    • Specifies that schools may not request due process if parents fail to respond or refuses to consent to the initial provision of special education services
  • Appeals Panel will be eliminated
    • Appeals from hearing officer decisions go directly to Court
    • Appeal within 30 days
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Chapter 14 Revisions
  • Due Process Timelines
    • Hearing held:
      • After conclusion of resolution session
      • After one of the parties withdraws from mediation
      • Parties waive or agree to end resolution session
    • Hearing Officer decision must be issued within 45 days after the resolution or mediation session ends
      • Hearing officer may grant extensions
chapter 14 revisions56
Chapter 14 Revisions
  • Expedited Hearing Timelines:
    • Decision mailed within 30 school days of public agency’s receipt of request for hearing
      • No exceptions or extensions
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