Florida CASE Leadership Conference Update on 2014 legislation June 10, 2014
What’s new? • Implementation and response to Committee Substitute/Senate Bill 1108 (CS/SB during 2013 legislative session) • ESE Compliance Issues and Updates • Monitoring • Dispute Resolution • On the horizon – impact of recently passed legislation Caution – All proposed legislation subject to Governor’s approval!
Rules Update • Rule 6A-1.0943, F.A.C., Statewide Assessment for Students with Disabilities • Revisions approved at November 19th Board meeting • All revisions now effective; link to https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0943
Rules Update6A-1.0943, F.A.C. Changes unrelated to CS/SB 1108 - • Criteria for approval of unique accommodations is included • Allowable, used in the classroom, described on IEP or 504 plan • When it is paper-based large print, must include documentation justifying need • What didn’t change • Criteria for consideration of alternate assessment
Rules Update6A-1.0943, F.A.C. Extraordinary Exemption • Allows an IEP team, that must include the parent, to recommend that a student be exempted from participation in statewide standardized assessments if specific “circumstances” or “conditions” exist. • Statewide standardized assessments include • FCAT 2.0 • End of Course exams for U.S. History, Biology 1, Algebra 1, Geometry • Florida Alternate Assessment 5
Rules Update6A-1.0943, F.A.C. • “Circumstance” • Allowable accommodations are not offered to a student during the current year’s assessment due to technology limitations of the testing administration program • As a result, the student’s impaired sensory, manual, or speaking skills rather than achievement of benchmarks would be measured 6
Rules Update6A-1.0943, F.A.C. • “Condition” • Means an impairment (acquired or longstanding) which affects a student’s ability to communicate in modes deemed acceptable for statewide assessments and as a result would reflect the student’s impaired sensory, manual or speaking skills rather than the student’s achievement of benchmarks being assessed 7
Rules Update6A-1.0943, F.A.C. Rule also states – “A learning, emotional, behavioral, or significant cognitive disability, or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., is not, in and of itself, an adequate criterion for the granting of an extraordinary exemption.” 8
Rules Update6A-1.0943, F.A.C. • IEP team must submit request to the superintendent no later than 60 calendar days before the 1st day of the testing administration window • Information required for this request is specified in the law and the rule • Parents must be provided a copy of their procedural safeguards at the time of the request to superintendent 9
Rules Update6A-1.0943, F.A.C. • Commissioner of Education must make a decision and inform the parent and school district within 30 days of receipt of the request • If exemption granted – student’s progress must be measured in accordance with IEP goals • If denied, parent may request an expedited due process hearing; hearing must start within 20 school days of this request 10
Rules Update6A-1.0943, F.A.C • What else have we done to implement? • Rule 6A-6.03311, F.A.C., revised to address new requirement regarding procedural safeguards • Procedural safeguards currently posted include new provision (note: we will be “tweaking”) • Content included in SP&P • Technical assistance paper on assessment of students with disabilities under revision • We will be revising rule again! 11
Rules Update6A-1.099828, F.A.C. • Required by s.1008.3415, F.S.; adopted by the Board in October, 2013 • Includes key definitions • Center school • Emergent • Home school • Stipulates exception with regard to including some students in the school grade calculations
draft Rules Update6A-1.099828, F.A.C • ESE Center School • Specially designed to meet needs of SWDs • Unique master identification number • All students in attendance in grades K-12 are SWDs • Separate day school – all students K-12 are SWDs • Home School • School in which the student would be enrolled if not enrolled in the ESE center school
Rules Update6A-1.099828, F.A.C • ESE center schools may earn a school grade or a school improvement rating • Creates exception – the achievement scores and learning gains of a student who has not been enrolled in a public school in the district other than a center school for grades K-12 shall not be included in the calculation of the home school’s grade if the student scores as emergent
Rules Update6A-4.0051, F.A.C • Revision adopted by the State Board on January 21, 2014 • Educators who apply for renewal on, or after, July 1, 2014, must have earned at least 1 college credit or 20 in-service points in the instruction of students with disabilities during the last validity period of the certificate to be renewed and prior to the expiration date of that certificate
Rules Update6A-4.0051, F.A.C • A passing score earned on specific subject area tests (i.e., ESE, hearing impaired, visually impaired or speech-language impaired), “can count”, if added to certificate • National board certification in an Exceptional Needs Specialist subject area satisfies the requirement for the instruction of SWDs for the life of the national certificate (as shown on that certificate)
Rules Update6A-4.0051, F.A.C • TAP released March 7, 2014 • http://info.fldoe.org/docushare/dsweb/Get/Document-6975/dps-2014-12a.pdf • FDOE will not be approving “a single course” • Approval of in-service up to districts; grouped under ESE MIP • Gifted courses “don’t count” toward requirement
Rules Update6A-4.0051, F.A.C • Revision of select PDA to increase to 20 points • Introduction to Differentiating Instruction • Formative Assessment for Differentiating Instruction • Technology Tools for Student Success: An Introduction • Technology Tools for Student Success: Assistive Technology • Creation of a 20 point ESE foundations course – online and non-facilitated • Extensive offerings by many other projects
Rules Update6A-6.03028, F.A.C. Changes unrelated to CS/1108 • Requirements of CS/HB 465 added • IEP teams must consider the language & communication needs of DHH students [not new!] • DOE and partners developed a model communication plan which shall be used during IEP development • Plan on bureau website – now “fillable!”
Rules Update6A-6.03028, F.A.C. Model Communication Plan • What are student’s methods to access and use language? • How do the parents communicate with the student? • What are the student’s expressive and receptive communication skills? • Are there physical or cognitive factors?
Rules Update6A-6.03028, F.A.C. Model Communication Plan • Based on a functional listening evaluation • What are the auditory supports needed? • How is amplification or AT used? Monitored? • What is the student’s skill in utilizing support staff or accommodations? • Does the student have the communication necessary to engage in the general education curriculum
Rules Update6A-6.03028, F.A.C. Model Communication Plan • What are the students opportunities for direct communication with peers and professionals? • Direct communication means that the communication occurs person to person not through an additional source (e.g. educational interpreter, captioner) • What are the full range of needs (e.g. related services, assemblies, extra curricular, trips)?
Rules Update6A-6.03028, F.A.C. Let’s talk • Did you attend a Model Communication Training? • Have you used the form in an IEP meeting for a student? • Any suggestions for form? More training?
Rules Update6A-6.03028, F.A.C. Changes unrelated to CS/1108 • Updated IDEA provisions regarding Medicaid • Prior to accessing public benefits or insurance for 1st time – obtain written parental consent • Information that may be disclosed • Purpose of disclosure • Agency to which information disclosed • Parent understands & agrees that these sources may be accessed to pay for services
Rules Update6A-6.03028, F.A.C. • Written notice required the 1st time and annually thereafter • Parents cannot be required to sign up for public benefits in order for child to receive FAPE • May not require incurring of out-of-pocket costs • Parents have the right to withdraw consent to disclose; withdrawal does not relieve district of responsibility to provide required services
Rules Update6A-6.03028, F.A.C. Change related to CS/SB 1108 • Any IEP meeting related to FAA administration, access points curriculum, placement in an ESE Center • Notice of IEP meeting must be provided to parent at least 10 days before • Once notice is received by the parent, the 10 days may be waived by parent consent
Rules Update6A-6.03028, F.A.C. Changes related to CS/SB 1108 • If a student does not participate in the statewide assessment program as a result of being granted an extraordinary exemption, the district must notify the parents and provide information regarding the implications • We will be revising rule again!
Rules Update6A-6.0331, F.A.C. Changes unrelated to CS/SB 1108 • Updates language regarding MTSS & RtI • Within 20 school days of a school-based team determining (for K-12 students) that • Interventions were effective, but require a level of intensity of resources not available in gen. ed. • Interventions ineffective – growth not adequate • School must request consent to conduct an evaluation, unless other agreement reached
Rules Update6A-6.0331, F.A.C. Change unrelated to CS/SB 1108 • Within 20 school days of a parent requesting an evaluation when a disability suspected • Obtain written consent OR • Provide notice of refusal • Applies to preschool, K-12, and PPPSS • Parent and school district may agree to another timeline in writing
Rule Updates6A-6.0331, F.A.C Change unrelated to CS/SB 1108 • School districts must ensure that students suspected of being gifted are evaluated within a reasonable period of time • Timeline must be specified in the SP&P, but may not exceed 90 school days that the student is in attendance following receipt of written parental consent
Rule Updates6A-6.0331, F.A.C • If your SP&P stipulates a timeline beyond 90 school days for gifted evaluations • For any student for whom consent for evaluation was obtained on or after March 25, 2014, the new timeline applies, regardless of what your 2013-2014 SP&P may indicate
Rule Updates6A-6.0331, F.A.C. Changes related to CS/SB 1108 • Parents must consent to instruction in access points curriculum, assessment on the FAA and ESE Center School placement • Exception with regard to center school placement – consent not required when placement made due to disciplinary action related to weapons, drugs or infliction of seriously bodily injury (s.1003.57 (1)(h))
Rule Updates6A-6.0331, F.A.C. Changes related to CS/SB 1108 • Districts must use state developed forms for consent (#313181, #313182) • Districts must make reasonable efforts to obtain consent • If parent does not respond to reasonable efforts on the part of the district to obtain parental consent, the district may proceed with the action
Rule Updates6A-6.0331, F.A.C • Languages available • Arabic • Chinese • Haitian Creole • Russian • Spanish • Tagalog • Languages available • French • Vietnamese • Portuguese • English • Safeguards are available in these same languages
Rule Updates6A-6.0331, F.A.C. “Within ten (10) school days of a parent indicating in writing on a consent form … that they do not consent to an action described …, the district must either develop and implement a new placement or instruction and assessment procedures in accordance with a new IEP or must request a due process hearing in accordance with subsection 6A-6.03311(9), F.A.C. During the pendency of a due process hearing or appellate proceeding regarding a due process complaint, the student must remain in the student’s current educational assignment while awaiting the decision of the due process hearing or court proceeding, unless the parent and the district school board agree otherwise.”
Rule Updates6A-6.03311 Changes related to CS/SB 1108 • Requires provision of procedural safeguards to parent when IEP team is recommending that student received extraordinary exemption from state assessment • Establishes expedited process when Commissioner denies an extraordinary exemption and parent requests a due process hearing
What is the BPIE? • Self assessment tool • Designed to identify and prioritize areas of need for inclusive practice • Based on best practice literature and peer-reviewed research • At district-level, examines leadership and decision-making, instruction and student achievement, communication and collaboration • Beginning 2014-15, SPP must reflect goals if district assessment process complete • More information available at http://www.floridainclusionnetwork.com/Uploads/1/docs/BPIE%20DOE%20Approved%2010-01-13.pdf
What is BPIE? • BPIE assessment tool revised for use at district-level • BPIE district-level assessments have been completed in 9 districts; upcoming completion in 4 additional districts • School-level guide in the final reviewby BEESS • Software being developed for school-based use • Districts will be trained to facilitate school-based implementation
A Shout Out To … • Completed districts • Bay • Nassau • Jefferson • Okeechobee • Flagler • St. Johns • Miami-Dade • Indian River • Lee • Upcoming • Gadsden • Washington • Gulf • Martin
What is BPIE? • Uses district team; membership suggested • Provides specific indicators and examples of evidence of practice • District team evaluates it performance • “Not yet” – no evidence • “Partially” – some evidence in some schools but not consistent across district • “Fully” – clear evidence in place across entire district
What is BPIE? • Data-based assessment process • Looks at preschool as well as k-12 • Examples • District provides SWDs with the same school choice options as SWDs w/o disabilities • District has key personnel with inclusive practices expertise • District data reflect that SWDs receive most of their education in general education classes
What is BPIE? • District & school leaders receive ongoing & current information/PD about inclusive education • District provides job embedded PD/TA on use of AT to special & general education teachers • Information & resources use person 1st language • Variety of tools used to involve family
What is BPIE? Let’s talk – Has anyone completed? Comments/outcomes that you would like to share?
Noncompliance Identified through 2013-14 Monitoring and Assistance • Records reviews for IEP implementation (IPI) and restraint and seclusion (RS) documenting and reporting • Noncompliance identified for all RS standards, with more problems associated with the same-day written notification and overall tracking for evidence of the various steps
Noncompliance Identified through 2013-14 Monitoring and Assistance • Noncompliance identified for 5 of the 8 IPI standards, with provision of progress reports being most problematic • Evidence of provision of accommodations and supports for school personnel also problematic
Noncompliance Identified through 2013-14 Self-Assessment • Self-assessment for Secondary Transition Age 16 (T16), IPI, Department of Juvenile Justice (DJJ) and RS (also Matrix for cost factor discrepancies); Transition Planning – Age 14 for 4 of the 76 districts • Noncompliance identified for all standards of T16, IPI, and RS • Noncompliance identified for 28 of the 45 standards for DJJ and 4 of the 5 standards for T14
Noncompliance Identified through 2013-14 Self-Assessment T16 standards with 12 or more of the 76 districts identifying noncompliance: • Notice for IEP team meeting • Measurable postsecondary goals • Transition assessment • Measurable annual goals • Transition services • Course(s) of study
Noncompliance Identified through 2013-14 Self-Assessment • Most problematic area for DJJ (noncompliance for 6 of 31 districts): prior written notice for change of placement or change of FAPE • Problematic areas for IPI: • Evidence of provision of services, provision of accommodations and implementation of strategies referenced on IEP • Provision of progress reports
A reminder • Same day notice • “Same day” means “same day” – putting in mail is not sufficient • Must include type of restraint (or incident of seclusion) used and any injuries that occurred • Must make reasonable efforts to contact parent via phone or email on the date • Must obtain signed acknowledgement and maintain documentation