PowerPoint Presentation

Special Education Leadership NetworkNovember 10, 20111Cell Phones, Marijuana, 504Jim Walsh

BackgroundGlendle Cain transferred into Owensboro H.S. subject to the recommendation of the school Principal and the approval of the Superintendent.Glendle is a high school student in general education.

ProblemsFebruary, 2008: Glendle confides in the assistant principal and counselor. Feeling a lot of pressure over football and school.Smoking pot.Has a suicide plan.

School RespondsSchool officials talk to the parents about all this, and recommend an evaluation by an outside agency.No mention of special ed or 504. But in August, 2008, Glendle begins meeting with the schools Prevention Coordinator.

We Learn MoreGlendle informs the Prevention Coordinator that he is now using pot weekly. P.C. sends parents a list of drug treatment facilities.No mention of 504 or special ed.

Discipline Problems11-17-08: Fighting in the locker room.1-6-09: Cell phone violation. 3-5-09: Leaves school w/o permission, cell phone and tobacco violations. A.P. recommended an evaluation by a mental health professional.

Next School Year?As of the end of the 2008-09 school year, the principal recommended that Glendle not return. Superintendent gave him one more chance.Remember: he is a transfer student and transfer can be revoked.

Final Straw9-2-09: another cell phone violation after which Glendle threw a fit. Superintendent revokes transfer. No hearing. No referral for 504/IDEA services.

The LawsuitStudent sues district, the superintendent, the principal, and two assistants. Originally the suit claimed violations of 1st, 4th and 14th Amendments. Later, they added a claim under 504.

14th AmendmentCourt concluded that student still lived outside of district, though this was much contested. As transfer student, he did not have a property interest in attending Owensboro H.S.No property interest = no process is due. Student not entitled to a hearing.

4th AmendmentCourt concluded the administrators had reasonable suspicion sufficient to search the cell phone. Considering Cains cell phone violation and his unauthorized leaving of the school building in light of his previous disciplinary history, drug use and expressions of suicidal thoughts, reasonable grounds existed..

A Limited SearchSchool officials did not search Cains entire cell phone, but only read the text messages on the day the cell phone was taken. These limited searches of the cell phone were no more intrusive than necessary to [determine] whether Cain was a danger to himself or others or whether Cain was violating either the law or the rules of the school.

1st AmendmentThe argument was that reading the text messages on the cell phone violated the students right to free speech.Student cited no legal authority in support of this argument. Court noted student was not punished for the content of text messages, but for using cell phone in violation of rules.

504No child find violation here.School officials acted on the basis of his drug usenot any suspicion of a disability.Court noted that 504 excludes protections for students engaged in illegal drug use when there is no evidence of any other handicapping condition.

Furthermore..504 claims require proof of bad faith or gross misjudgment.No evidence of that.Failure to timely assess and diagnose a students disability alone is not evidence of bad faith or gross misjudgment.

Take NoteSchool officials shared sensitive information with each other. School did address the drug use and suicidal thoughts through non-special ed interventions. There was no evidence of school-related problems other than due to drug use and disciplinary infractions.

The CaseCain v. Owensboro Public SchoolsU.S. District Court, Western District of Kentucky111 LRP 69470November 4, 2011

ContactJIM WALSHWalsh, Anderson, Brown, Gallegos and Green, P.C.P.O. Box 2156Austin, TX 78768-2156Phone: 512/454.6864Fax: 512/467.9318Email: jwalsh@wabsa.comWeb: www.WalshAnderson.com

The information in this handout was created by Walsh, Anderson, Brown, Gallegos and Green, P.C. It is intended to be used for general information only and is not to be considered specific legal advice. If specific legal advice is sought, consult an attorney.

20Placed by Their Parents in Private SchoolsServing Children with Disabilities

21New topicsLocation of Services and TransportationProperty, Equipment, and SuppliesOut-of-State Children with DisabilitiesHome-School Children with DisabilitiesChildren in For-Profit Private SchoolsNEW22And transportationLocation of services23Part B regulations states that services to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools to the extent consistent with law. Under Dept. of Ed. This means that the provision of services must take place in a manner that does not violate the First Amendment of the US Constitution and applicable State constitutions. Unless there is a compelling rationale for these services to be provided off-site, the district should provide services on-site at the childs private school

Location of services is one of the subjects that must be discussed during the consultation process. After consultation and giving due consideration to the views of the private school officials, the district makes the final decision.

LocationPart B regulations states that services to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools to the extent consistent with law. Under Dept. of Ed. This means that the provision of services must take place in a manner that does not violate the First Amendment of the US Constitution and applicable State constitutions. Unless there is a compelling rationale for these services to be provided off-site, the district should provide services on-site at the childs private school

Location of services is one of the subjects that must be discussed during the consultation process. After consultation and giving due consideration to the views of the private school officials, the district makes the final decision.24TransportationIf necessary for the child to benefit from or participate in the services provided under the private school provisions, a district must provide transportation from the childs school or the childs home to a site other than the private school; and from the service site to the private school or the childs home depending on timing of the services. The district is not required to provide transportation from the childs home to the private school. A district may include the cost of the transportation in calculating whether it has spent the proportionate share of funds on providing services.

If necessary for the child to benefit from or participate in the services provided under the private school provisions, a district must provide transportation from the childs school or the childs home to a site other than the private school; and from the service site to the private school or the childs home depending on timing of the services. The district is not required to provide transportation from the childs home to the private school. A district may include the cost of the transportation in calculating whether it has spent the proportionate share of funds on providing services.25Property, equipment and supplies26Property, Equipment, and suppliesThe district may place equipment and supplies in a private school, but only for the period of time needed to meet the equitable participation requirements. The district must ensure that equipment and supplies placed in the private school are used only for Part B purposes and can be removed from the private school without remodeling the private school facility. The district must remove the equipment and supplies when they are no longer needed or if removal is necessary to avoid unauthorized use of the equipment and supplies.

Part B funds for equitable services may not be used for repairs, minor remodeling, or construction.

The district may place equipment and supplies in a private school, but only for the period of time needed to meet the equitable participation requirements. The district must ensure that equipment and supplies placed in the private school are used only for Part B purposes and can be removed from the private school without remodeling the private school facility. The district must remove the equipment and supplies when they are no longer needed or if removal is necessary to avoid unauthorized use of the equipment and supplies.

Part B funds for equitable services may not be used for repairs, minor remodeling, or construction.27Children with disabilitiesOut-of-state28

The district where the private school is located has the responsibility for child find activities in each of the private, including religious, schools within its jurisdiction. It doesnt matter in what State or district the child resides. Parental consent must be obtained before any personally identifiable information about the child is released between the district officials.

Children from out-of-state that are eligible for sped and related services under IDEA are eligible for proportionate share and must be included in the group of children with disabilities whose needs are considered in determining which student will be served and the types and amounts of services to be provided.The district where the private school is located has the responsibility for child find activities in each of the private, including religious, schools within its jurisdiction. It doesnt matter in what State or district the child resides. Parental consent must be obtained before any personally identifiable information about the child is released between the district officials.

Children from out-of-state that are eligible for sped and related services under IDEA are eligible for proportionate share and must be included in the group of children with disabilities whose needs are considered in determining which student will be served and the types and amounts of services to be provided.29Children with disabilitiesHome Schooled30Generally, the district where the child resides is responsible for conducting child find activities, including initial evaluations and reevaluations, for children who are homeschooled.

Whether home-schooled children with disabilities are considered parentally placed private school children with disabilities is determined under state law.

The State of Texas recognizes home-schools as private elementary and secondary schools, therefore, children with disabilities in home-schools must be treated in the same way as other parentally placed private school children with disabilities.

In Texas a local public school could allow a child to participate in classes. The policy on this matter is established by the locally elected school board.

At this time, a local public school could allow your child to play in the band or other such activities. The policy on this matter is established by the locally elected school board. However, the student would not be allowed to participate in events sponsored by the University Interscholastic League (UIL), such as athletic competitions or band and choir contests, because of a UIL rule requiring all participants to be full-time students enrolled in public schools.

Home schoolsGenerally, the district where the child resides is responsible for conducting child find activities, including initial evaluations and reevaluations, for children who are homeschooled.

Whether home-schooled children with disabilities are considered parentally placed private school children with disabilities is determined under state law.

The State of Texas recognizes home-schools as private elementary and secondary schools, therefore, children with disabilities in home-schools must be treated in the same way as other parentally placed private school children with disabilities.

In Texas a local public school could allow a child to participate in classes. The policy on this matter is established by the locally elected school board.

At this time, a local public school could allow your child to play in the band or other such activities. The policy on this matter is established by the locally elected school board. However, the student would not be allowed to participate in events sponsored by the University Interscholastic League (UIL), such as athletic competitions or band and choir contests, because of a UIL rule requiring all participants to be full-time students enrolled in public schools.31for-profit private schools32FOR-PROFIT PRIVATE SCHOOLSNot included in proportionate share calculationsDistrict is responsible for child find activitiesThe regulations define parentally placed private school children with disabilities as children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school or secondary school. The definitions of elementary and secondary school specify that the school must be nonprofit. Would not be The school must be non-profit before it can be included in the proportionate share calculation or be eligible for equitable services.

The regulations define parentally placed private school children with disabilities as children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school or secondary school. The definitions of elementary and secondary school specify that the school must be nonprofit. Would not be The school must be non-profit before it can be included in the proportionate share calculation or be eligible for equitable services.

33LEAs ResponsibilitiesLocatingIdentifyingEvaluatingHowever, the state must ensure that all children with disabilities who are in need of special education and related services are identified, located, and evaluated.

Generally, the district responsible for this is the district in which the child resides.

Where are you?Who are you?

Lets testHowever, the state must ensure that all children with disabilities who are in need of special education and related services are identified, located, and evaluated.

Generally, the district responsible for this is the district in which the child resides.

The district must undertake activities similar to activities undertaken for the public school children. Same timelines apply for initial evaluations34PARENTALLY PLACED PRIVATE SCHOOL STUDENTS WITH DISABILITIESStates must collect and report data annually on students with disabilities. Districts are required to provide to the state information related to parentally-placed private school children covered under 34 CFR 300.130-144. peimsStates must collect and report data annually on students with disabilities. Districts are required to provide to the state information related to parentally-placed private school children covered under 34 CFR 300.130-144.

35PEIMS CODEStudent Attribution Code of 12 Private SchoolStudent is a student with a disability enrolled by their parent(s) in a private school (including a home school) but who receives special education and/or related services from the public school district under an individualized services plan (ISP)These parentally-placed private school children are coded on the 101 STUDENT DATA-DEMOGRAPHIC record E1000This has been inexistence for several years however, districts have not been coding these student correctly for the fall PEIMS snapshot.

These parentally-placed private school children are coded on the 101 STUDENT DATA-DEMOGRAPHIC record E1000

This has been inexistence for several years however, districts have not been coding these student correctly for the fall PEIMS snapshot.

Do not include dually enrolled students ages 3-4

If parents decline dual enrollment then you would code the student in this manner36Who is reportedDistricts are required to report on parentally-placed private school children with disabilities ages 3-21 who receive special education and/or related services from the public school district under an individualized services plan (ISP).

Dually enrolled students ages 3-4 must not be included in this count. These students are considered enrolled as public school students in the district receiving SPED services in a specific setting and should not be reported as private school students.

However, students ages 3-4, whose parents declined dual enrollment and who receive SPED and/or related services from the public school district under an ISP must be included in this count.

Age 3-21

Age 3-4Public

Age 3-4PrivateDistricts are required to report on parentally-placed private school children with disabilities ages 3-21 who receive special education and/or related services from the public school district under an individualized services plan (ISP).

Dually enrolled students ages 3-4 must not be included in this count. These students are considered enrolled as public school students in the district receiving SPED services in a specific setting and should not be reported as private school students.

However, students ages 3-4, whose parents declined dual enrollment and who receive SPED and/or related services from the public school district under an ISP must be included in this count.37State resourcesTEA Frequently Asked Questionshttp://www.tea.state.tx.us/index2.aspx?id=2147492118TEA Proportionate Share Calculationshttp://ritter.tea.state.tx.us/special.ed/private/propshare.pdfPEIMS Guidance on Parentally Placed Private School Students with Disabilitieshttp://ritter.tea.state.tx.us/special.ed/guidance/peimspriv.htmlCommissioners Ruleshttp://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html38National resourcesChildren Enrolled by Their Parents in Private Schoolshttp://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,5,OSEP Q and A revised April 2011http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,1,Building the Legacy: IDEA 2004Children Enrolled by their Parents in Private Schools This site includes a video clip and a training module http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalArea%2C5%2C39

ACCOMMODATIONSupdate

402ACCOMMODATIONSupdate14321432different1432143Disabilityspecial needs and disabilities-2010-2011 Accommodations Manuala student with an identified disability who receives special education services and meets established eligibility criteria for certain accommodations (ARD committee decision)

a student with an identified disability who receives Section 504 services and meets established eligibility criteria for certain accommodations (Section 504 placement committee decision)

a student with a disabling condition who does not receive special education or Section 504 services but meets established eligibility criteria for certain accommodations (campus level team decision)2143triangle

2143optional

Formerly eleven testing accommodations Any student, based on his or her needs

Campus level team decision

Is not recorded on answer document

2ACCOMMODATIONSupdate143differentDisabilitytriangleoptionalTEA Update

TEAUpdate

PBMAS / RF

2011-2012 PBMAS/RFWhat should LEAs be doing for PBMAS/RF Staging?My LEA has only one program area stagedMy LEA has two or more program areas stagedThe program is staged for baseline yearThe program is staged with the qualifiers of YAO or CIP ImplementationComplete the program specific intervention activities for single program baseline yearContinue with your CIP/CAP and any other activities as assigned by your TEA monitorSp EdCTEBE/ESLNCLBRFMy LEA has only one program area stagedMy LEA has only one program area stagedStage 1Stage 2Stage 3Stage 4Complete by Nov. 18*Complete by Nov. 18*Complete and Submit by Dec. 16*TBD by TEA* To request an extension contact PMI at 512-463-5226.My LEA has two or more program areas stagedRead TEAs Integrated Intervention Guidance and Region XIIIs Integrated Staging Document.Establish your core team, begin gathering/analyzing data, and explore the templates on the integrated intervention website.Sometime in early November, a TEA case manager/monitor will be assigned to your LEA in ISAM. Specific templates will also be uploaded in ISAM for you to download and complete. Your case manager/monitor will contact you with any information specific to your LEAs integrated intervention process. Follow the Integrated Intervention PlanComplete the program specific intervention activities for RF Monitoring

My LEA is also staged for baseline year RF monitoringMy LEA is also staged for RF monitoring with the qualifiers of YAO or CIP ImplementationContinue with your CIP/CAP and any other activities as assigned by your TEA monitor and incorporate them into the integrated process as appropriate

RFMy LEA has two or more program areas stagedDue by date of Highest Stage of InterventionStage 1Stage 2Stage 3Stage 4Complete and Submit by Nov. 18*Complete and Submit by Nov. 18*Complete and Submit by Dec. 16*TBD by TEA* To request an extension contact PMI at 512-463-5226.2011 PBMAS Summary: Special Education

PBMAS/RF Q & AESC Region XIII PBMAS Team

Special EducationLaura Abbottlaura.abbott@esc13.txed.net512-919-5207Linda McDaniel (charters)linda.mcdaniel@esc13.txed.net512-919-5225

Bilingual/ESLJanet OKeeffejanet.okeeffe@esc13.txed.net512-919-5333Melinda Basemelinda.base@esc13.txed.net512-919-5159

NCLBCraig Hendersoncraig.henderson@esc13.txed.net512-919-5390CTEMiya Brevardmiya.brevard@esc13.txed.net512-919-520462Early Warning Data System

63Re-Designing, Re-Structuring Ideas

Sharing The Bright SpotsWhats going on with TCASE

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