special education, alternative education, and the law. john d. barge, state school superintendent...
TRANSCRIPT
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Linda M Massenburg Program Specialist Alternative Education and Magnet
Schools [email protected]
Stacey-Suber Drake Associate General Council
[email protected] Jamila Pollard
Program Manager/Legal Officer [email protected]
Special Education, Alternative Education, and the Law
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Objectives
Understand the impact of special education laws and procedures for students who are receiving special education services and support during the entry, exit, and overall instruction in the alternative setting
Understand the guidance and law of alternative education as a means of maintaining compliance and ensuring student success and safety
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Q. Is there a limit on the number of special education students that can be placed via tribunal to an alternative school/program during a semester period?
A. This would be a local district decision.
Q. How are students who are special education placed in the alternative setting, when the placement occurs for behavior that is not a manifestation of the child’s disability?
A. In the alternative setting, the student must continue to receive educational services as
required for the provision of a FAPE to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student’s IEP and receive, as appropriate, a functional behavioral assessment (FBA) and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur. (See 34 C.F.R. § 300.530(d)).
Special Education Questions
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions Q. How soon can an IEP be amended before a change to an alternative
placement?
A. If services will change prior to alternative placement, the IEP Team must determine the services required for the provision of a FAPE and decide whether amendments are necessary. (See 34 C.F.R. § 300.324(a)(4), (6); Ga. Bd. of Educ. R. 160-4-7-.06(18)(e))
Q. Should initial eligibilities be done at alternative placements due to the short time that students are in attendance?
A. It does not matter where the student is, initial eligibilities should be conducted anytime.
For rules regarding determinations of eligibility, see Ga. Bd. of Educ. R. 160-4-7-.05.
Q. Should SST referrals be completed before a student’s placement is changed?
A. The SST process should be fluid no matter where the student is placed. For guidelines
regarding the SST process, see Ga. Bd. of Educ. R. 160-4-2-.32.
Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions
Q. Are self-contained units appropriate for alternative schools? If so, how should they be structured?
A. This is a local district decision. The definition of self-contained is 4 or more segments a day of special education instruction in one area of exceptionality. (See Ga. Bd. of Educ. R. 160-5-1-.08(k)). Therefore, a student could be self-contained if co-taught all day. See also Ga. Bd. of Educ. R. 160-4-7-.14 Appendix A for Class Sizes and Caseloads related to self-contained delivery.
Q. Do students have to be serviced hour for hour and service for service? For example, if a student has 20 direct service hours at their home school, once they get to alternative placement can the IEP be amended to 15 collaborative service hours, to meet the needs of the student?
A. The IEP Team should always make the decision required for the provision of a FAPE to a child.
(See 34 C.F.R. § 300.324(a)(4), (6); Ga. Bd. of Educ. R. 160-4-7-.06(18)(e)).
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions
Q. Does a student being sent to an alternative school count as a “change of placement” for the student?
A. Placement is defined by the IDEA as “services,” not location. Therefore, if the student is receiving identical services at an alternative school, then this would not be a “change of placement.” (See 34 C.F.R. § 300.530(c), (d)). Please note that the IDEA also defines “change of placement” as removal for more than 10 school days. (See 34 C.F.R. § 300.536(a)).
Q. What is the recommended way to “house” special education documentation? Is it possible to move to a paperless record system?
A. This is a local district decision. Every teacher (regular education and special education), related services provider, and other service provider must have access to the student’s IEP. (See 34 C.F.R. § 300.323(d). However, there is no requirement for a paper file.
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions
Q. Who is the teacher of record of a special education student assigned to the alternative setting if the curriculum is computer based?
A. The teacher of record is the regular education or special education teacher providing services.
Q. When a student is assigned to the alternative setting if he/she has an IEP, does the IEP have to be given to the alternative school or program teacher of record or does the special education teacher remain the teacher of record? When should the IEP be given?
A. Anyone who is responsible for implementing the student’s IEP must have access to the IEP, whether regular education teacher, special education teacher, related services provider, or other service provider. (See 34 C.F.R. § 300.323(d)). Additionally, the district must ensure that there is no delay in implementing a student’s IEP. (See Ga. Bd. of Educ. R. 160-4-7-.02(3)(c)).
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions
Q. Can a student who is special education be assigned to the alternative setting and be housed in another building/classroom under a paraprofessional?
A. No. There should be a certified teacher in the classroom.
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education Questions Q. Can a paraprofessional be the sole facilitator for special education students in a
computer based program? If so, what would the special education services need to be called to meet this description?
A. Board Rule 160-4-8.12 states:
• (j) Each LEA shall ensure that all Alternative/Non-traditional Education
Programs/Schools provide teachers that meet the requirements of the Georgia
Professional Standards Commission in all classes. Paraprofessionals may be used to staff In-school Suspension programs as provided by law or regulation.
Q. If a student who is special education is receiving computer based instruction and a special education teacher is present, is this considered as co-teaching?
A. Co-teaching is defined as the special education and general education teacher providing
service to students with disabilities and sharing teaching responsibilities for all students in the general education classroom (full segment everyday).
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Law and Guidance Questions
Q. Is it allowable to request that the sending/home school show proof of where the student is in the SST/RTI process prior to them attending the alternative setting especially those with cumulative offenses? Can entry be rejected if students have not gone through this process and there is documentation?
A. The SST/RTI process is fluid and should take place where ever the child is located. Georgia Board Rule 160-4-2.32 states:
“Each school shall have a minimum of one SST and shall establish support team procedures.”
Q. Are there ever instances when students cannot be accepted into the alternative education setting?
A. This could possibly happen if a district decides on expulsion or permanent expulsion.
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Law and Guidance Questions
Q. Is there a mandate that states wrap around services must be provided for students that are chronically enrolled in alternative schools and programs?
A. Learning Support V of the Alternative Education Program (AEP) Standards states that an AEP has a comprehensive system of student assistance that provides collaborative services to support optimal student development.
• LS 5.1- Provides guidance and counseling, school social work, psychological and social services to support student performance
• LS 5.4- Collaborates with parents, state, local government agencies, and community agencies
Q. What special supports/options can be offered to students age 17 and older with fewer than 5 credits that are sent to alternative schools?
A. This is a local decision, but if the student receives special education services, it is important to look at the student’s IEP.
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Law and Guidance Questions
Q. I would like to understand more about the legislation requiring the separation of those students who are disciplinary issues from those who are not, and how this impacts children who would choose to remain in an alternative placement?
A. O.C.G.A. § 20-2-154.1(d)(3) mandates that the alternative education program should provide “for disruptive students who are assigned to the alternative education program to be separated from non-disruptive students who are assigned to the program.” The law also explains that “[a]lternative education programs are intended to meet the education needs of a student who is suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
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Dr. John D. Barge, State School Superintendent
“Making Education Work for All Georgians”
www.gadoe.org
Special Education, Alternative Education, and the Law
Linda M Massenburg Program Specialist Alternative Education and Magnet
Schools [email protected]
Stacey-Suber Drake Associate General Council
[email protected] Jamila Pollard
Program Manager/Legal Officer [email protected]
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