EDUCATION CODE CHANGES THAT MAY AFFECT YOU

1. EDUCATION CODE CHANGES THAT MAY AFFECT YOU

2. DEFINITION OF LOW INCIDENCE DISABILITY For the purpose of our discussion of low incidence severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof.  For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338.

3. PLACEMENT The process for determining the educational placement for children with low-incidence disabilities (including children who are deaf, hard of hearing, or deaf-blind) is the same process used for determining the educational placement for all children with disabilities.

4. PLACEMENT (cont’d) That is, each child's educational placement must be determined on an individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability, and must be based on the child's IEP.

5. PLACEMENT (cont’d) The U.S. Department of Education believes the LRE provisions are sufficient to ensure that public agencies provide low-incidence children with disabilities access to appropriate educational programming and services in the educational setting appropriate to meet the needs of the child.

6. ROLE OF THE IEP TEAM 56341.1(b) The individualized education program team shall do the following:…… (5) Consider whether the pupil requires assistive technology devices and services as defined in Section 1401(1) and (2) of Title 20 of the United States Code.

7. ROLE OF THE IEP TEAM (cont’d) (c) If, in considering the special factors described in subdivisions (a) and (b), the individualized education program team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, the individualized education program team shall include a statement to that effect in the pupil's individualized education program.

8. 2014-15 STATE FUNDS …up to $17,226,000, shall be available to provide special education and related services to students with low-incidence disabilities pursuant to their Individualized Education Program.* All of these funds will go to SELPAs as an apportionment. There will be no more grants.

9. LOW INCIDENCE FUNDING • The funding is to supplement, not supplant other funding. • The funding is for students with Individualized Education Programs (IEP) with low incidence disabilities reported in Disability 1 and 2 on the CASEMIS report. • The funding is not to be used for students with 504 plans.

10. 2013-14 NEW LANGUAGE In the 2013-15 budget Special Education Local Plan Areas (SELPAs) were mandated to use up to $2,100,000 of these funds ($17,226,000) for career or technical education for students with low-incidence disabilities. In the 2014-15 budget that language was removed.

11. REMOVAL OF LANGUAGE • In the past the legislation indicated that SELPAs should share the equipment with other SELPAs if it wasn’t currently needed. • All of the language about SELPAs sharing equipment has been eliminated in the legislation.

12. ROLE OF THE CDE IN THE PROCESS • CDE is to calculate the funding using the formula described in legislation; • CDE is to ensure that students with low incidence disabilities get the AT services and devices described in their IEPs; • CDE is not to require that those services and devices be paid for with low incidence funds.

13. ASSISTIVE TECHNOLOGY SERVICES • EC §§56020.5 and 56341.1 • Title 5 §§3065 • (b)(1) “Assistive technology service” means any service that directly assists an individual with exceptional needs in the selection or use of an assistive technology device that is educationally necessary.

14. AT SERVICES (cont’d) The term includes the evaluation of the needs of an individual with exceptional needs including a functional evaluation of the individual in the individual's customary environment; coordinating and using other therapies, interventions, or services with assistive technology devices.

15. AT SERVICES (cont’d) (2) Assistive technology services shall be provided only by personnel who possess a: (A) license in Physical Therapy issued by a licensing agency within the Department of Consumer Affairs, where the utilization of assistive technology services falls within the scope of practice of physical therapy as defined in Business and Professions Code section 2620 and implementing regulations; or

16. AT SERVICES (cont’d) (B) license in Occupational Therapy issued by a licensing agency within the Department of Consumer Affairs; or (C) license in Speech-Language Pathology issued by a licensing agency within the Department of Consumer Affairs or a valid document, issued by the California Commission on Teacher Credentialing, where the function of the assistive technology service is augmentative communication; or

17. AT SERVICES (cont’d) (D) baccalaureate degree in engineering with emphasis in assistive technology; or (E) baccalaureate degree in a related field of engineering with a graduate certificate in rehabilitation technology or assistive technology; or

18. AT SERVICES (cont’d) (F) certification from the Rehabilitation Engineering and Assistive Technology Society of North America and Assistive Technology Provider (RESNA/ATP); or (G) a certificate in assistive technology applications issued by a regionally accredited post-secondary institution; or (H) a credential that authorizes special education of physically handicapped, orthopedically handicapped, or severely handicapped pupils.

19. CURRENT CODE Section 3051.16 Specialized Services for Low-Incidence Disabilities • Specialized services for low-incidence disabilities may include: (1) Specially designed instruction related to the unique needs of pupils with low- incidence disabilities provided by teachers credentialed pursuant to Education Code section 44265.

20. CURRENT CODE (cont’d) (2) Specialized services related to the unique needs of pupils with low-incidence disabilities provided by qualified individuals such as interpreters, notetakers, readers, transcribers, and other individuals who provide spcialized materials and equipment.

21. CURRENT CODE (cont’d) (d) Specialized services for pupils with low-incidence disabilities shall be provided only by personnel who possess a credential that authorized services in special education or clinical rehabilitation services in the appropriate area of disability.

22. CURRENT CODE (cont’d) Section 3051.22. Transcription Services Transcribers for visually impaired pupils shall have a certificate issued by the Library of Congress as a Braille Transcriber.

23. DEFINITION OF A REGULATION A “Regulation” is a policy or procedure affecting the public or any segment of the public that implements, interprets, or makes specific a stature the State Agency enforces or administers.

24. CHANGING THE EDUCATION CODE OF REGULATIONS Link to a document called “How to Participate in the Rule Making Process” at http://www.oal.ca.gov/res/docs/pdf/HowToParticipate.pdf. * It provides instructions on how to participate in creating and changing regulations.

25. DEFINITION OF ASSISTIVE TECHNOLOGY DEVICE 56020.5 "Assistive technology device," as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs.

26. DEFINITION OF AN AT DEVICE (cont’d) The term does not include a medical device that is surgically implanted, or the replacement of that device.

27. USE OF AT IN HOME AND COMMUNITY • The IEP should indicate if the AT is needed at home or in the community to meet the student’s educational needs. • The AT must be considered a part of the requirements for a student with an IEP to a Free and Appropriate Public Education (FAPE).

28. UNIFIED ENGLISH BRAILLE Current: Education Code § 56350(d) "Braille" means the system of reading and writing through touch commonly known as "Standard English Braille, American Edition." Proposed: Education Code Section 56350(d) "Braille" means the system of reading and writing through touch commonly known as Unified English Braille (UEB).

29. LEARNING MEDIA ASSESSMENT Current: California Education Code §56352(a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil. Proposed: California Education Code §56352(a) A learning media assessment, conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil. (b) A functional vision test assessment conducted to determine near acuity, distance acuity, and peripheral vision along with tests to determine the need for color contrast, color vision, and light sensitivity.

30. TEACHER CREDENTIALING Current: ….Each candidate demonstrates proficiency in basic Nemeth Code for Mathematics and an understanding of advanced Nemeth code. Proposed: ….Each candidate demonstrates proficiency in the Unified English Braille (UEB), Nemeth braille, formatting, and other braille codes including but not limited to music, chemistry, and world language.

31. CONTACT INFORMATION Linda Wyatt, Ed.D. Special Education Consultant California Department of Education 916-322-3254 lwyatt@cde.ca.gov Jonn Paris-Salb Assistive Technology Consultant California Department of Education 916-323-2202 jparissalb@cde.ca.gov