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Timely & Meaningful Consultation Requirements for 2008-2009 . Andy Eulass, Due Process Coordinator Julie Evans, Principal Education Consultant Special Education Division Illinois State Board of Education. In this session you will:.

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Timely & Meaningful Consultation Requirements for 2008-2009

Andy Eulass, Due Process Coordinator

Julie Evans, Principal Education Consultant

Special Education Division

Illinois State Board of Education

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In this session you will:

  • Learn about issues concerning implementa-tion of proportionate share services.

  • Learn the answers to frequently asked questions about the implementation of proportionate share services.

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Proportionate Share: A Brief History

  • Since passage of IDEA 1997, school districts have been required to allocate a “proportionate share” of their Federal IDEA Part B funds to provide private school students the opportunity to “equitably participate” in special education programs offered by the district

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The Big Shift: IDEA 2004

  • IDEA 1997: responsibility for providing proportionate share rests upon the resident district of the private school student

  • IDEA 2004: responsibility for providing proportionate share rests upon the district in which the student attends school regardless of residency

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Results/problems in 07-08

  • As of March 31, 2008, over 95% of the districts had completed Timely and Meaningful Consultation.

  • We have had no complaints filed by parents regarding failure to provide services and/or to properly complete TMC.

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Who’s Included?

  • Students who have or may have a disabling condition and who are placed by their parents in a private elementary or secondary school

  • Home-schoolers of elementary or secondary school age

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Why Home-Schoolers?

  • People v. Levisen: Illinois Supreme Court (1950) – Home school equals private school

  • ISBE Supplemental to Memo 05-7: home schoolers are to be included within the category of students entitled to receive proportionate share services

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TMC Notice: Who gets it?

  • Representatives of known private schools in your jurisdiction

  • Parent representatives of those schools

  • Known parents of home-schoolers who have either identified disabilities or who have approached the district for testing and who’s condition is not yet known

  • General public notice (Memo 06-2, App. C)

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  • You can ask the private schools to identify the parent representatives (be sensitive to timelines though)

  • You don’t have to “beat the bushes” looking for private schools and home schoolers

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The essential points of TMC

When conducting TMC a district must cover the following during the meeting

  • The child find process and how parents, teachers and school officials will be informed of the process

  • What the proportionate share sum is and how it was calculated

  • The consultation process itself and how it will operate through the school year

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The essential points (cont.)

4. How, where and by whom proportionate share funds will be allocated, including a description of the types and amounts of services that will be provided

5. How, if the district disagrees with the views of the private school, it will provide a written explanation of why it chose not to follow the views of the private school

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The Important Piece: Attestations

  • Not enough to simply have a record of attendance

  • Each participant must be given an attestation form to sign indicating that the five essential points were discussed

  • If the person refuses to sign an attestation form should be maintained with a note to that effect

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Documentation of TMC

  • A copy of all notice letters sent by the district

  • Copies of all attendance or sign-in sheets

  • A copy of the ad placed include the date and name of the publication

  • A copy of any agenda, handout or powerpoint used at the TMC meeting(s)

  • Copies of all signed and unsigned attestation forms

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Important Points

  • TMC must be completed by October 15, 2008 - no exceptions

  • Documentation must be sent in by November 1, 2008 - no exceptions

  • Submissions must be made by individual LEA - coops will not be permitted to make one blanket submission on behalf of all member districts unless the material can clearly be matched to each individual district

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Important Points (cont.)

  • If you have a proportionate share of $0.00, you must still do TMC

  • If you have no private schools, please send us a letter to that effect

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Please send TMC materials to:

Leigh Ann Smith

Division of Special Education Services

Illinois State Board of Education

100 N. First Street

Springfield, IL 62777

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Questions or concerns while dealing with TMC?

  • ISBE-Springfield, 217-782-5589

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  • Memo 06-2: http://www.isbe.net/spec-ed/pdfs/guidance_06-2.pdf

  • Memo 05-7: http://www.isbe.net/spec-ed/pdfs/memo_05-7.pdf

  • Supplement to Memo 05-7: http://www.isbe.net/spec-ed/pdfs/guidance_5-7.pdf

  • Model Attestation Form: http://www.isbe.net/spec-ed/pdfs/pvtschAppA.pdf