Special Education Directors March 09 Call

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Special Education Directors March 09 Call

• Get Current Federal and State News and Updates

2
Federal Updates
Federal Stimulus Package What does it
mean? Hope to have information next month.
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State Updates

• Special Education Bills
• Updated Documents Coming Soon
• ESY
• New PD website http//www.escweb.net/sd5Fesa/
• SPP Data and PIIP information

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State Updates

• Congratulations on Parent Survey Response
• Transition Exiting Checklist

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House Bill 1241

• An Act to  provide for the delivery of special
  education or special education and related
  services to a child during the child's transition
  from one state school district to another.
• February 13, 2009 House Education Committee
  Amended to state
• BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
  SOUTH DAKOTA      Section 1.  That chapter
  13-28 be amended by adding thereto a NEW SECTION
  to read as follows
•      If a child in need of special education or
  special education and related services is
  enrolled as a full-time student in a school
  district in the state, an individualized
  education program is in effect for the child, and
  the child's school residence changes from that
  school district to another school district in the
  state, the receiving school district in which the
  child's parent or guardian enrolls the child
  shall follow the individualized education program
  that was developed for the child by the
  individualized education program team in the
  sending school district until such time as the
  receiving school district's individualized
  education program team either adopts the existing
  individualized education program or develops,
  adopts, and implements a new individualized
  education program for the child. Any disagreement
  that may exist regarding the new individualized
  education program is subject to the procedural
  safeguards contained in the Individuals with
  Disabilities Education Improvement Act of 2004,
  as amended to January 1, 2009. This section does
  not apply to any child in need of special
  education or special education and related
  services assigned to and enrolled in an approved
  out of district residential or tuition day
  program.

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HB 1241 Hoghoused

•    FOR AN ACT ENTITLED, An Act to  clarify that
  certain special education placements are not
  suspensions or expulsions. BE IT ENACTED BY THE
  LEGISLATURE OF THE STATE OF SOUTH DAKOTA     
  Section 1.  That 13-32-4 be amended to read as
  follows     13-32-4.   The school board of
  every school district shall assist and cooperate
  with the administration and teachers in the
  government and discipline of the schools. The
  board may suspend or expel from school any
  student for violation of rules or policies or for
  insubordination or misconduct, and the
  superintendent or principal in charge of the
  school may temporarily suspend any student in
  accordance with  13-32-4.2. The rules or
  policies may include prohibiting the following
•              (1)      The consumption or
  possession of beer or alcoholic beverages on the
  school premises or at school activities
•              (2)      The use or possession of a
  controlled substance, without a valid
  prescription, on the school premises or at school
  activities and
•              (3)      The use or possession of a
  firearm, as provided in  13-32-7, on or in any
  elementary or secondary school premises, vehicle,
  or building or any premises, vehicle, or building
  used or leased for elementary or secondary school
  functions or activities.
•      In addition to administrative and school
  board disciplinary action, any violation of
   13-32-7 shall be reported to local law
  enforcement authorities.
•      The period of expulsion may extend beyond
  the semester in which the violation,
  insubordination, or misconduct occurred. Any
  expulsion for consumption or possession of beer
  or alcoholic beverages may not extend beyond
  ninety school days. If a student has
  intentionally brought a firearm onto school
  premises, the expulsion may not be for less than
  twelve months.
•      However, the superintendent or chief
  administering officer of each local school
  district or system may increase or decrease the
  length of a firearm-related expulsion on a
  case-by-case basis. The South Dakota Board of
  Education shall promulgate rules pursuant to
  chapter 1-26 to establish administrative due
  process procedures for the protection of a
  student's rights. The administrative due process
  procedures shall include a requirement that the
  school give notice of a student's due process
  rights to the parent or guardian of the student
  at the time of suspension or expulsion. Each
  school district board shall provide a procedural
  due process hearing, if requested, for a student
  in accordance with such rules if the suspension
  or expulsion of the student extends into the
  eleventh school day.
•      This section does not preclude other forms
  of discipline which may include suspension or
  expulsion from a class or activity. An
  individualized education program team decision
  for an initial placement or a change in placement
  of a student in need of special education or
  special education and related services does not
  constitute a suspension or an expulsion, or a
  continuation of a suspension or expulsion, if the
  education provided to that student is in
  compliance with rules established by the South
  Dakota Board of Education.
•      This section does not prohibit a local
  school district from providing educational
  services to an expelled student in an alternative
  setting.

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Senate Bill 101

• To  clarify the school residence of a child
  assigned to an approved out of district special
  education residential or tuition day program when
  the residence of the child's parent or guardian
  changes.
• 13-28-9.1.   A child in need of special education
  or special education and related services
  assigned to and enrolled in an approved out of
  district special education residential or tuition
  day program by an individualized education
  program team has school residence in the school
  district making the assignment. (Delete) The
  residency of a child assigned to an approved out
  of district special education residential or
  tuition day program may not change until the end
  of the fiscal year or until the parent or
  guardian enrolls the child in another school
  district, and that school district provides
  special education services to the child.)
  (Insert) The fiscal responsibility of the school
  district making the assignment continues until
  the end of the school fiscal year or until the
  child's parent or guardian enrolls the child in
  another school district, the child participates
  in the new school district's special education
  program, the new school district conducts a
  placement committee meeting, a new individualized
  educational program for the child is adopted, and
  the child's placement is changed.

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SB 101 Signed By Governor

• ENTITLED, An Act to  clarify the school residence
  of a child assigned to an approved out of
  district special education residential or tuition
  day program when the residence of the child's
  parent or guardian changes. BE IT ENACTED BY THE
  LEGISLATURE OF THE STATE OF SOUTH DAKOTA     
  Section 1.  That 13-28-9.1 be amended to read
  as follows     13-28-9.1.   A child in need of
  special education or special education and
  related services assigned to and enrolled in an
  approved out of district special education
  residential or tuition day program by an
  individualized education program team has school
  residence in the school district making the
  assignment. The fiscal responsibility of the
  school district making the assignment continues
  until the end of the school fiscal year or until
  the child's parent or guardian enrolls the child
  in another school district, the child
  participates in the new school district's special
  education program, the new school district
  conducts a placement committee meeting, a new
  individualized educational program for the child
  is adopted, and the child's placement is changed.

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SB 126 On to Governor

• ENTITLED, An Act to  revise certain provisions
  regarding school attendance. BE IT ENACTED BY
  THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA
       Section 1.  That 13-27-1 be amended to
  read as follows     13-27-1.   Any person
  having control of a child, who is six years old
  by the first day of September and who has not
  exceeded the age of eighteen, shall cause the
  child to regularly and annually attend some
  public or nonpublic school for the entire term
  during which the public school in the district in
  which the person resides, or the school to which
  the child is assigned to attend, is in session,
  until the child reaches the age of eighteen
  years, unless the child has graduated or is
  excused as provided in this chapter. However, the
  requirements of this section are met if a child
  who is at least sixteen years of age enrolls in a
  general education development test preparation
  program that is school-based or for which a
  school contracts and the child successfully
  completes the test or reaches the age of eighteen
  years.
•      A child is eligible to enroll in a
  school-based or school-contracted general
  education development test preparation program or
  take the general education development test if
  the child is sixteen or seventeen years of age,
  and the child presents written permission from
  the child's parent or guardian and one of the
  following
•              (1)    Verification from a school
  administrator that the child will not graduate
  with the child's cohort class because of credit
  deficiency
•              (2)    Authorization from a court
  services officer
•              (3)    A court order requiring the
  child to enter the program
•              (4)    Verification that the child
  is under the direction of the Department of
  Corrections or
•              (5)    Verification that the child
  is enrolled in Job Corps as authorized by Title
  I-C of the Workforce Investment Act of 1998, as
  amended to January 1, 2009.

10
Senate Bill 203

• An Act to  make an appropriation for the purposes
  of funding the Birth to Three Program in the
  Department of Education.

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SB 203 Currently Tabled

•          FOR AN ACT ENTITLED, An Act to  make an
  appropriation for the purposes of funding the
  Birth to Three Program in the Department of
  Education and to require a review of the program.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
  SOUTH DAKOTA
•      Section 1.  There is hereby appropriated
  from the general fund the sum of two million one
  hundred eighty-seven thousand nine hundred
  sixty-one dollars ( 2,187,961 ), and authorized
  in federal fund expenditure authority the sum of
  two million six hundred ninety-seven thousand
  twenty-eight dollars ( 2,697,028 ), or so much
  thereof as may be necessary, and 3.0 FTEs to the
  Department of Education for the purposes of
  funding the birth to three program.
•      Section 2.  The secretary of the Department
  of Education shall approve vouchers and the state
  auditor shall draw warrants to pay expenditures
  authorized by this Act.
•      Section 3.  Any amounts appropriated in this
  Act not lawfully expended or obligated by
  June 30, 2010 , shall revert in accordance with
  the procedures prescribed in chapter 4-8.   
•   Section 4.  The Department of Education shall
  conduct an administrative review of the birth to
  three program. The review shall include input
  from parents and other stakeholders in the
  program. The review shall include a report to the
  Legislature concerning the department's
  recommendations for changes to the program. The
  report shall be completed and delivered to the
  Legislature no later than December 1, 2009.

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Bill Information

• Learn and Track Bills go to Legislative Research
  Council Website at
• http//legis.state.sd.us/

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Monitoring Issues

• These are areas during on-site monitoring that
  are being seen state-wide.

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Evaluating in all areas of suspected disability

• Use the eligibility guide, when looking at which
  evaluations need to be given.
• For example If concerns are behavior and
  reading, which eligibility categories will you be
  evaluating?

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Prior Notice

• Pulling forward evaluation information
• If the team determines previous evaluation scores
  will be used, document on the prior notice which
  specific evaluation information will be pulled
  forward.
• Parent Input into evaluations
• Discuss with parent evaluations planning to give
  and ask if they have any additional areas of
  concern.
• Document on the permission to evaluate prior
  notice
• For example Per our conversation on September
  5, the following evaluations will be conducted.

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Resource 21 on IEP Q and A
Special Education Services Documentation

• When describing the special education service to
  be provided on the LRE page, you must state the
  service, location and amount of time. For
  example
• Reading fluency general education classroom
  20 minutes 4 times per week (total 80 min/wk)
• Math resource room 10 minutes 5 time per
  week (total 50 min/wk)
• Articulation general education classroom 30
  minutes weekly (total 30 min/wk)
• Language speech therapy room 30 minutes
  weekly (total 30 min/wk)
• o The total amount of special education time is
  3.2 hours per week.
• o Assuming the speech therapist was assigned as
  person responsible for the articulation and the
  language service the total amount of time in
  related service would be 1 hour per week.
• The amount of time a paraprofessional is assigned
  to a student may be documented under Other
  Services on the related service page or under
  special education services to be provided on the
  LRE page.

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Transfer of Students In State

• 24052715.01.  IEPs for student transfers
  within state. If a student with a disability
  transfers school districts within the same
  academic year, enrolls in a new school, and had
  an IEP that was in effect in the state, the
  school district shall provide the student with a
  free appropriate public education.
• This includes providing services comparable to
  those described in the previously held IEP, in
  consultation with the parents,
• until the school district adopts the previously
  held IEP or develops, adopts, and implements a
  new IEP that is consistent with federal and state
  law.

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Transfer from Another State

• 24052715.02.  IEPs for student transfers from
  another state. If a student with a disability,
  who had an IEP that was in effect in a previous
  school district in another state, transfers to a
  school district in South Dakota, and enrolls in a
  new school within the same school year, the new
  school district, in consultation with the
  parents, shall provide the child with FAPE,
  including services comparable to those described
  in the student's IEP from the previous school
  district, until the new school district
• (1)  Conducts an evaluation pursuant to chapter
  240525, if determined to be necessary by the
  new school district and
• (2)  Develops, adopts, and implements a new IEP,
  if appropriate, that meets the applicable
  requirements in this chapter.

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Appropriate Procedures for Transfer Students

• Review the documentation to ensure child
  qualifies
• Consult with the parents
• District will accept current eligibility and/or
  IEP, adopt or need to write new IEP
• Prior Notice should be utilized
• If student paperwork does not provide information
  for eligibility (whether in or out of state),
  eligibility procedures begin.

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State Performance Plan

• Data and Materials

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State Performance Plan Data Materials

• District mailed 2007-2008 SPP Performance on
  March 9, 2009
• First 3 pages deal with public reporting/PIIP
  requirements
• If in the Met Target Column, district will
  not be required to complete PIIP or be publicly
  reported
• Statewide Assessment Data
• Number breakdown from the 2008 Statewide
  Assessment (Use for PIIP plans)

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SPP Data Material Continue

• Indicator 3 Participation Rate Desk Audit
• If you have a yellow sheet in the packet, your
  district had students not tested in 2008.
• SEP is requiring documentation unless the reason
  was indicated.
• District also received a Trend Data sheet
• Utilize for PIIP plan to determine if strategies
  are working.

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2008-2009 LRE

• Indicator 5 and Indicator 6 Please verify data
• Indicator 5 and Parentally Placed Private School
  (PPPS) Students
• Previous years, SEP included the parentally
  placed private school numbers in the appropriate
  environment.
• 2008 Child Count Those numbers were placed in a
  separate LRE environment.
• Data for PPPS only and not figured into the LRE
  categories calculation.
• SEP did provide the number of Parentally Placed
  Private School Count on the data sheet
• Did keep in the total child count

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2008-2009 LRE

• Indicator 6 Age 3-5 LRE
• FYI
• No baseline or targets
• Information use for district purposes.
• SEP will review data.

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Indicator 8 Parent Survey

• Congratulations to the following districts who
  met the state target and had over 50 response
  rate
• Emery
• Freeman
• Todd County
• Hurley
• Oelrichs
• Elkton
• Leola
• Rutland
• Bowdle

These districts will be recognized at the 2009
CEC Conference March 27th in Sioux Falls.
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State Performance Plan

• Due Dates

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State Performance PlanData Due Dates

• PIIP Plans
• Go to the SEP website under State Performance
  Plan
• Pick an Options by April 1
• Complete by
• July 1 in Consolidated Application
• SEP form by September 1, 2009
• Suspension/Expulsion Data
• Not the Safe and Drug Free School Data Base
• Due by June 30, 2009

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State Performance PlanDue Dates

• Data entered for Statewide Assessment purposes
  and graduation rate
• See SIMS Newsletters for dates
• Usually due mid June
• Please review all SPED data in August when NCLB
  is released
• After NCLB appeal SEP CANNOT change graduation
  rate and Statewide Assessment Info!!!

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State Performance PlanDates Due

• Indicator 7 Preschool Outcomes Data
• All Pre and Post-test Battelle information must
  be entered on the online system
• No paper submitted after April 1 for B-3 or Part
  B
• Run a report and make sure all Program Notes have
  been entered into the system!
• http//doe.sd.gov/oess/specialed/docs/Entering.Exp
  orting.BDI2.pdf
• Date Due August 1, 2009
• Information Elizabeth.Gordon_at_state.sd.us

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State Performance PlanDue Dates

• Indicator 11 Initial Evaluation Timeline
• Only initial evaluations must be entered
• No reevaluations
• Due August 1, 2009 to Linda.Turner_at_state.sd.us

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State Performance PlanData Due

• Indicator 14 Post-School Outcomes
• Appendix A Age outs, dropouts, and graduates
  demographic information
• Entry on online system by June 30, 2009
• http//www.tslp.org/docs/ExitChecklistforTeachers1
  02208.pdf
• Summary of Performance
• Please retain your username and password
• Otherwise it will need to be reset
• SEP does not have a record of passwords
• Contact Dino.Brooks_at_state.sd.us or
  Debbie.Lancaster_at_state.sd.us open by April 30,
  2009

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Upcoming Trainings
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New Professional Development Website

• Escape Works
• http//www.escweb.net/sd5Fesa/
• Users will be required to create an account
  however,
• many educators may already have an account
  through their ESA.
• View upcoming trainings offered by the
  department.
• links to trainings posted by all of the ESAs.
  Tracking of trainings/evaluations/certificates

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Upcoming ESY Training

• Learn the appropriate way to collect data,
  document, and determine the need for individual
  students services during extended breaks.
• One 1 hour training will utilize Live Meeting
  (Web X capabilities). All you need is a computer
  with internet access and a phone. Special
  Education Programs will send you the link
  information two days prior to the training. If
  interested, register on South Dakotas
  Professional Development Website now located at
  http//www.escweb.net/SD_ESA/default.aspx
• Training Dates and Times
• March 31 400 pm CST
• April 2 300 pm CST
• If you have questions, please contact
  Melissa.Flor_at_state.sd.us or call 605-773-8195

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Data Entry Trainings

• Suspension/Expulsion, Indicator 14 Post-Secondary
  Outcome entry, Other question
• First half will cover entry of SWD
  suspension/expulsion data
• (Not Safe and Drug Free School data)
• MUST ATTEND to ensure accurate data entry
• Disproportionality category!!!!!

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Data Entry Training

• Second Half Indicator 14 Demographic Information
• ALL graduates, age outs, and dropouts
• Due by June 30, 2009
• SEP will send an exit list in August to ensure
  all students were entered
• See type of reports districts can access.

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Data Entry Trainings

• Registration will be on the PD site
• Approximately 1 ½ hours
• Suspension/Expulsion 45 minutes
• All districts must attend
• Indicator 14 30 minutes
• PIIP Plan
• Other data entry questions
• Presentation through Live Meeting
• Date and Time (CST)
• April 6 1000 am
• April 20 400 pm
• April 29 330 pm
• May 13 1000 am

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IEP Workshops

• Two sites available
• April 21, 2009
• Chamberlain (Conference 34779)
• April 23, 2009
• Brookings (Conference 32126)
• Register at ESCworks (PD website)

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Upcoming Conferences and Trainings

• CEC Conference
• March 26-28, 2009 in Sioux Falls
• Information located at Center for Disabilities
  Website http//www.usd.edu/cd/ssec/homepage.cfm

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Upcoming Conferences and Trainings

• Summer Special Education Conference
• July 13 15, 2009 in Pierre
• Topics Special Education Law with Miriam
  Kurtizg Freedman
• Top 20 training
• Richard Lavoie (Author of It Is So Much Work to
  Be Your Friend) talking about LD, etc

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Upcoming Conferences and Trainings

• Response to Intervention with Wayne Callendar
• Tuesday, April 14th, 2009
• Kings Inn in Pierre
• 900 400
• http//www.escweb.net/sd_esa
• Session ID 34627

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TSLP Upcoming Events and Conference

• www.tslp.org
• Catch the Wave Dates
• All times will be 900 am to 300 pm
• March 26 Aberdeen, Northern State University
• April 9, 2009 Vermillion, University of South
  Dakota
• April 21, 2009 Brookings, South Dakota State
  University
• April 15, 2009 Rapid City, School Of Mines and
  Technology and Western Dakota

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TSLP Upcoming Events and Conference

• Summer Transition Institute
• New Format
• How to utilize transition assessments to
• create an effective transition plan?
• develop a meaningful work experience program
• promote independence in daily living skills
• Importance of Self Advocacy Skills and Assistive
  Technology
• Preparing students for college and job market
• Success Stories
• Indicator 13 and Other Federal Requirements
• July 15 17, 2009
• Pierre, SD

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Writing Behavior Plans for Students in Special
Education

• April 14 Ft. Pierre, AmericInn, 9am-430pm
• April 15 Rapid City, Ramkota, 9am-430pm
• April 17 Sioux Falls, Ramkota, 9am-430pm
• Registration is open at http//www.escweb.net/sd_
  esa

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Functional Behavior Assessment

• http//doe.sd.gov/oess/specialed/forms/index.asp
• Kids do not need to be treated equally, they need
  to be treated uniquely.

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Positive Behavioral Interventions and Supports

• Applications due April 7, 2009
• For more information on PBIS
• www.pbis.org
• http//flpbs.fmhi.usf.edu
• http//doe.sd.gov/oess/specialed/forms/index.asp
  scroll down to the Positive Behavioral
  Interventions and Supports link.
• Or Contact Becky Cain at 280-3568 or
  rebecca.cain_at_state.sd.us

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Question and Answer

• Next Call April 21, 2009 at 1000 am CST.