PartnersTx News

2010 OSEP's Determination Letters on State Implementation of IDEA

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services released State determinations on implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C for fiscal year 2007. The 2004 Amendments to the IDEA require each State to develop a State Performance Plan (SPP) that evaluates the State’s efforts to implement the requirements and purposes of the IDEA, and describes how the State will improve its implementation. The Part B SPP includes baseline data, measurable and rigorous targets, and improvement activities for 20 indicators such as graduation rate, dropout rate, participation and performance on assessments, meeting evaluation timelines, and ensuring that complaints and hearings are resolved within required timelines. The Part C SPP includes baseline data, measurable and rigorous targets, and improvement activities for 14 indicators such as ensuring positive outcomes for infants and toddlers with disabilities, timely provision of services, meeting evaluation timelines, and provision of services in natural environments.

The IDEA also requires each State to report annually to the Secretary on its performance under the SPP. Specifically, the State must report in its Annual Performance Report, the progress it has made in meeting the measurable and rigorous targets established in its SPP. The Secretary is required to issue annual determination letters to each State on their progress in meeting the requirements of the statute. The determinations are part of the ongoing efforts to improve education for America’s 7 million children with disabilities.

IDEA details four categories for the Secretary’s determination. A state’s determination may be:

IDEA identifies specific technical assistance or enforcement actions for States that are not determined to “meet requirements,” that the Department must take under specific circumstances. If a State “needs assistance” for two consecutive years, the Department must take one or more enforcement actions, including among others, requiring the State to receive technical assistance, designating the State as a high-risk grantee, or directing the use of State set-aside funds to the area(s) where the State needs assistance. If a State “needs intervention” for three consecutive years, the Department must require a corrective action plan or compliance agreement, or withhold further payments to the State. Any time a State “needs substantial intervention” the Department must take immediate enforcement action, such as withholding funds or referring the matter to the Department’s inspector general or to the Department of Justice.

Following is each State’s performance in meeting the requirements of IDEA Part B, which serves students with disabilities, ages 3 through 21:

Following is a list of each state’s performance under IDEA Part C, which serves infants and toddlers birth through age 2:

TEA Review of Commissioner's Rules

Texas Education Agency (TEA) Commissioner Robert Scottsent a letter to school administrators on April 9, 2010, asking them toparticipate in a review of all rules , requirements and guidance underhis discretion. Disability advocates and other stakeholders can also provide input during this review of Commissioner's Rules, proposedCommissioner's Rules, and related TEA regulations and guidance by submitting written comment at http://www.tea.state.tx.us/index4.aspx?id=8375&menu_id=962

TEA wants to obtain all feedback by July 23rd so that agency staff can summarize, analyze and respond to the input bythe end of September. This will allow them to propose formal rulechanges and legislative changes before the end of this year.

The "rules" eligible for this process include:

The Texas Essential Knowledge and Skills (TEKS) and other TAC rules of the State Board of Education will not be a part of this review.

Commissioner's Rules that are already adopted are at http://ritter.tea.state.tx.us/rules/tac/index.html.

Proposed Rules that are being reviewed are at http://www.tea.state.tx.us/index4.aspx?id=2388.Because rules are reviewed on a regular cycle, both sites should beused to locate and study Commissioner's Rules. These rules can beidentified as the subchapters that begin with double letters.

For More Information:  TEA has created a Web site at http://www.tea.state.tx.us/RulesReviewwhich contains key documents for the review process and links to thedocuments being reviewed. It also provides an opportunity to give bothindividual and collective feedback. This site will be updated as new information becomes available.

Early Childhood Intervention

The Early Childhood Intervention (ECI) Division of the Department of Assistive and Rehabilitative Services provides comprehensive early intervention services to families with infants and toddlers who have developmental delays, have diagnosed physical or mental conditions with a high probability of developmental delay, or exhibit atypical development.

ECI is soliciting public comments on proposed amendments to:

The proposed amendments to both sections of Texas Administrative Code will be available for viewing in the Texas Register at www.sos.state.tx.us/texreg/ and on the Texas Department of Assistive and Rehabilitative Services Web site at www.dars.state.tx.us/ on approximately June 11, 2010.

The proposed revisions to the ECI Standards Manual for ContractedPrograms can be viewed on the Texas Department of Assistive andRehabilitative Services Web site at www.dars.state.tx.us/ .

ECI will host public hearings around the state to collect testimonyand respond to comments.  Public Hearings will be held according to thefollowing schedule, and each of these hearings will be held from 4:00p.m. to 7:00 p.m.

Written comments or requests for copies of the draft proposal may be submitted to ECI.policy@dars.state.tx.us or mailed to:

Texas Department of Assistive and Rehabilitative Services
Division for Early Childhood Intervention
4900 North Lamar Blvd
Austin Texas 78751-2399

For persons with disabilities requesting accommodations, please contact DARS Inquiries at 1-800-628-5115 TDD/TTY 1-866-581-9328 preferably five business days prior to the scheduled meeting.

Over 1 Million Digital Books Now Available Free to the Print-Disabled

More than doubling the number of books available to print disabled people of all ages, the Internet Archive launched a new service that brings free access to more than 1 million books — from classic 19th century fiction and current novels to technical guides and research materials — now available in the specially designed format to support those who are blind, dyslexic or are otherwise visually impaired.

“Every person deserves the opportunity to enhance their lives through access to the books that teach, entertain and inspire,” said Brewster Kahle, founder and Digital Librarian of the Internet Archive. “Bringing access to huge libraries of books to the blind and print disabled is truly one of benefits of the digital revolution.”

Kahle also announced that the Internet Archive will be investing in the growth of its virtual bookshelf by funding the digitization of the first 10,000 books donated. Individuals and organizations are welcome to donate their favorite book or a collection of books. Books in all languages welcome. To donate books visit: http://openlibrary.org/bookdrive

Dr. Marc Maurer, President of the National Federation of the Blind, said: “Blind people must have access to repositories of digital information if we are to reach our goal of becoming full and equal participants in society. Access to the books that have been scanned by the Internet Archive in a format accessible to the blind will be another step toward that goal. We are excited about continuing to work with Internet Archive to make access to more books a reality.”

The 1 million+ books in the Internet Archive’s library for print disabled, are scanned from hard copy books then digitized into DAISY — a specialized format used by blind or other persons with disabilities, for easy navigation. Files are downloaded to devices that translate the text and read the books aloud for the user to enjoy. To access books visit: http://openlibrary.org/subjects/accessible_book

Jessie Lorenz is a 31 year old woman who was born blind and is the Associate Director of at the Independent Living Resource Center in San Francisco. She believes, “Knowledge is power – and like everyone else, blind and print disabled people need equitable access to books to help them be innovative, productive, contributing community members.”

Older books are available from the Internet Archive’s unencrypted DAISY library and modern books can be accessed by “qualified users” through their NLS key — an encrypted code provided by the Library of Congress’ National Library Service for the Blind and Physically Handicapped (NLS), that is dedicated to providing materials to the print disabled. Currently, over 800,000 people in the US are registered with the Library of Congress as being print disabled.

As of today, the Internet Archive offers over one million books for print disabled people. Other large libraries for the print disabled including NLS, Bookshare.org, and Reading for the Blind & Dyslexic.

“This demonstrates why having open and public access to published works is so important,” said Kahle.

Ben Foss, President of Headstrong, an advocacy group for people with dyslexia said, “As dyslexic and print-disabled students scramble to complete their end-of-year research papers and projects, beginning today, there is a great new library of resources that will expand the tools these young people need to be successful in school and in life.”

By leveraging automated scanning and conversion processes, Internet Archive technicians can conduct a cost-efficient scan of more than one thousand books per day. Books are scanned at sites located in San Francisco, New York, Los Angeles and other major cities in five countries. Most of the older scanned books have been reformatted for the print-disabled from broad digitizing projects. Scanned physical books came from the collections of over 150 libraries, most of which are in the Open Content Alliance, but others as well. The funding of those scanning projects is coming from foundations, corporations and governments.

Most of the older books have been scanned from library collections, with newer books having been donated to the Internet Archive by companies such as the online bookseller Alibris, libraries and individuals.

The print disabled collection of books are now available through the Archive’s new Open Library site (www.openlibrary.org), which serves as a gateway to information about millions of hardcopy books and more than 1 million electronic books.

The Internet Archive will continually increase the number books it makes available. They are currently seeking donations of books and ebooks from individuals, libraries and publishers. The Archive is announcing today its commitment to fund the scanning and automatic processing of the first 10,000 donated books. Any organization or individual that would like to make particular books or collections available are encouraged to donate them by sending them to the Internet Archive. For donations of large collections please contact the Internet Archive. Financial support is also welcome to expand the program.

To access all books, a United States resident with print disabilities must register with the Library of Congress http://www.loc.gov/nls/signup.html .

Texas to Receive Nearly $338 Million to Turn Around Its Persistently Lowest Achieving Schools

U.S. Secretary of Education Arne Duncan today announced that Texas will receive nearly $338 million to turn around its persistently lowest achieving schools through the School Improvement Grants (SIG) program. These funds are part of the $3.5 billion that will be made available to states this spring from money set aside in the 2009 budget and the American Recovery and Reinvestment Act.

"When a school continues to perform in the bottom five percent of the state and isn't showing signs of growth or has graduation rates below 60 percent, something dramatic needs to be done," said Duncan. "Turning around our worst performing schools is difficult for everyone but it is critical that we show the courage to do the right thing by kids."

The $337,926,594 made available to Texas is being distributed by formula to the state and will then be competed out by the state to school districts. In order for a school district to apply for these funds, it must have a state-identified "persistently lowest achieving" or a Tier III school -- a school that has failed to meet annual yearly progress for two years and is not identified as a persistently lowest achieving school.

However, Tier III schools can only receive funds once all of the state's persistently lowest achieving schools have received funds. Texas’s application, which includes its list of persistently lowest achieving schools, as defined by the state, can be found here: http://www2.ed.gov/programs/sif/summary/index.html.

School districts will apply to the state for the funds this spring. When school districts apply, they must indicate that they will implement one of the following four models in their persistently lowest achieving schools:

Once schools receive SIG funds, they will be able to begin to spend them immediately to turn around schools this fall. States may apply to the Education Department for a waiver to allow them to spend funds over a three-year period. An additional $545,633,000 has been provided for SIG in 2010 and will be awarded to states to fund additional schools in the 2011-12 school year. The department has also made a request for an additional $900 million for the program in the 2011 budget.

Texas Education Agency’s Kathy Clayton Believes that Listening Leads to Learning

Kathy Clayton is a good listener. As the state director of special education, Clayton leads by listening to representatives of every stakeholder group in special education — parents, advocates, school districts and students with disabilities.

"If you listen instead of talking, you get better information," she says.

Nineteen years ago when the Texas Education Agency hired Clayton to evaluate preschool programs, she never expected that one day she would direct the agency's Division of Individuals with Disabilities Education Act (IDEA) Coordination. Prior to joining TEA, Clayton had worked at multiple school districts in Texas as a classroom teacher, speech therapist and early childhood intervention specialist. In 1991, she moved to Austin and took the job at TEA. Clayton had intended to return to a school district within a few years, but she ended up staying at TEA and eventually moving up to her current post.

Clayton enjoys the viewpoint the position affords her.

"(In my division), we get to see everything from all sides," she says. "While our job (at the state level) is very challenging and things never move as quickly as you want them to, the ability to see subtle change is fascinating."

In a state as large and diverse as Texas, Clayton admits there is no "one size fits all" policy.

"Every district has its own culture," she says.

Consequently, providing guidance that is appropriate in Houston and in Dumas, for instance, is no small task. That is why Clayton relies heavily on listening to people close to the front lines.

"You have to talk to people at ground level," Clayton says.

The Division of IDEA Coordination is primarily responsible for developing and implementing policy and programs to benefit students with disabilities; yet, it also runs the state's complaint process for IDEA-related matters — an area in which Clayton’s listening skills serve her well. At one point, TEA's handling of IDEA complaints received heavy criticism from parents, advocates and school districts.

"When every group involved is unhappy, that really gets your attention," Clayton says.

Through a series of decisions in 2004, Clayton broke down the system and started over from scratch, improving the agency's response to complaints and its self-assessment process. She says she is proud that during her tenure, the data shows that Texas has fewer due process complaints and more mediation. Still, she is careful not to claim sole responsibility for the improvement.

"I say to people who come to work with us: You don’t own every failure or every celebration; you are a part of it and it takes a lot of people," Clayton says.

She estimates that 90 percent of the concerns brought to her department's attention are because of "poor communication" between parents and districts. She sees TEA's primary role as listening to parents to understand their concerns, and then connecting them with the individuals in their respective districts who can best help them.

"We're going on the premise that if we can get those parties talking, maybe next time there's a problem, the parties will talk first and the state won't have to come in,” Clayton says. “One of my greatest interests is trying to ensure that parents and schools are really working together. There is nothing more important that we can do.”

To that end, Clayton serves on the advisory board of the national Center for Appropriate Dispute Resolution in Special Education, or CADRE. She also recently was elected to the board of the National Association of State Directors of Special Education.

"Special education is a service that is there to be complementary to the general education programs we have for all students," she says. "We forget sometimes that a student with a disability is a student first."

Outside the office

Clayton lives in Austin with her husband and two "spoiled rotten" cats. In her spare time, she loves to travel, read books and watch old movies about almost any subject, as long as it is "very removed" from her job. Despite that intention, Clayton is currently reading "Better Together," a book that resonates with the work she values most.

"It's about restoring the American community and working together to get things done; that’s what we are trying to do," she says. "(By default), you talk to the people who are like you, but getting different viewpoints is how to get to a better solution. More good comes from that."

Article by Sarah Orman.

National Children's Mental Health Awareness Day - May 6

National Children's Mental Health Awareness Day is a day for everyone to promote positive youth development, resilience, recovery, and the transformation of mental health services delivery for children and youth with serious mental health needs and their families. Awareness Day raises awareness of effective programs for children's mental health needs; demonstrates how children's mental health initiatives promote positive youth development, recovery, and resilience; and shows how children with mental health needs thrive in their communities.

On Thursday, May 6, 2010, Awareness Day will mark its 5th anniversary, as well as a first-time focus on the topic of early childhood. Communities across the country will observe the day with events, youth demonstrations, and social networking campaigns to raise awareness about the importance of mental health and increase understanding of the mental health needs of children and their families.

Awareness Day 2010 will specifically focus on increasing basic awareness of the importance positive mental health has on a child's healthy development, with the key message that "positive mental health is essential to a child's healthy development from birth. "

Awareness Day efforts will encourage the following actions:
  1. Integrate mental health into every environment that impacts child development from birth
  2. Nurture the social and emotional well-being of children from birth
  3. Look for and discuss milestones of a child's social and emotional development from birth

Obama Administration's Education Reform Plan emphasizes Flexibility, Resources and Accountability for Results

The Obama administration' s blueprint to overhaul the No Child Left Behind Act (NCLB) will support state and local efforts to help ensure that all students graduate prepared for college and a career.

Following the lead of the nation's governors and state education leaders, the plan will ask states to ensure that their academic standards prepare students to succeed in college and the workplace, and to create accountability systems that recognize student growth and school progress toward meeting that goal. This will be a key priority in the reform of NCLB, which was signed into law in 2002 and is the most recent reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA).

  "We will work with Congress on a bipartisan basis to reauthorize ESEA this year," Secretary of Education Arne Duncan said about the blueprint, which the Obama administration released on Saturday. "We owe it to our children and our country to act now."

NCLB highlighted the achievement gap and created a national conversation about student achievement.  But it also created incentives for states to lower their standards; emphasized punishing failure over rewarding success; focused on absolute scores, rather than recognizing growth and progress; and prescribed a pass-fail, one-size-fits- all series of interventions for schools that miss their goals.  The administration' s proposal addresses these challenges, while continuing to shine a bright light on closing the achievement gap.

"To make ESEA work, we have to fix accountability and get it right," Duncan said. "A rigorous and fair accountability system measures student growth, rewards schools that accelerate student achievement, and identifies and rewards outstanding teachers and leaders. NCLB says that fifth-grade teacher who helps a student reading at a second-grade level reach a fourth-grade level, within one year, has this missed their goal.  In fact, that teacher is an excellent teacher and should be applauded."

Under the Obama administration' s blueprint, state accountability systems will set a high bar of all students graduating from high school ready to succeed in college and careers. The accountability system also will recognize and reward high-poverty schools and districts that are showing improvement getting their students on this path, using measures of progress and growth.

States and districts will identify and take rigorous actions in the lowest-performing schools. The administration has proposed a significant investment to help states and districts in these efforts.

Under the ESEA blueprint, states and districts will continue to focus on the achievement gap by identifying and intervening in schools that are persistently failing to close those gaps.  For other schools, states and districts would have flexibility to determine appropriate improvement and support options.

With states setting high standards we must ensure that states, districts, schools, and teachers have the support they need to help students meet these higher standards, especially in high-need schools. The blueprint asks states and districts to develop meaningful ways of measuring teacher and principal effectiveness in order to provide better support for educators, enhance the profession through recognizing and rewarding excellence, and ensure that every classroom has a great teacher and every school has a great leader.

"We're offering support, incentives and national leadership, but not at the expense of local control." Duncan said. "Our children have one chance for a great education.  Together, we need to get it right."

The administration' s priorities for ESEA can be downloaded HERE. Copies of "A Blueprint for Reform" are available at: http://www2. ed.gov/policy/ elsec/leg/

Supplemental Security Income (SSI) Fact Sheet

The Rural Institute at the University of Montana has developed a fact sheet that parents and transition-age students can use at Individualized Education Program (IEP) meetings to help determine if the student is eligible for SSI Plans for Achieving Self Support (PASS) plans. http://ruralinstitute.umt.edu/training/publications/fact_sheets/student_eligibility.asp

National Children’s Mental Health Awareness Day

National Children’s Mental Health Awareness Day will take place on May 6, 2010. One activity will be “Art Action” celebrating the theme “My Feelings Are a Work of Art.” Visit http://www.arttherapy.org/chmad.asp to learn more about how teachers, care providers, parents, and others can engage young children in art activities that encourage them to talk about having and expressing feelings.

New SpecialQuest Preschool Inclusion Series

SpecialQuest Birth–Five has released new materials supporting high quality inclusion of preschoolers (ages 3 to 5) in early care and education settings. The new Preschool Inclusion Series highlights children with disabilities participating in inclusive environments. Classroom staff, administrators, specialists, and families share their perspectives on what makes inclusion work. The new Preschool Inclusion Series contains four video programs with training scripts, and handouts and is available in English and Spanish http://76.249.171.46/specialquest/trainingmaterials/preschool_series.lasso

Evidenced Based Practice and Autism in the School – A Guide to Providing Appropriate Interventions to Students with Autism Spectrum Disorders

National Autism Center http://www.nationalautismcenter.org/  has released ”Evidenced Based Practice and Autism in the School – A Guide to Providing Appropriate Interventions to Students with Autism Spectrum Disorders”. You’ve got to love a publication like this that can say to educators: People often think evidence-based practice is about the research — and it is! But it is not about the research alone. The values and preferences of family members, including the individual with ASD when appropriate, must be respectfully addressed. Otherwise, we are not engaging in evidence-based practice.

This manual incorporates the National Autism Center’s National Standards Project Findings and Conclusions: Addressing the Need for Evidence-Based Practice Guidelines for Autism Spectrum Disorders.

The National Standards Project serves three primary purposes:

1. To identify the level of research support currently available for educational and behavioral interventions used with individuals (below 22 years of age) with Autism Spectrum Disorders (ASD). These interventions address the core characteristics of these neurological disorders. Knowing levels of research support is an important component in selecting treatments that are appropriate for individuals on the autism spectrum.

2. To help parents, caregivers, educators, and service providers understand how to integrate critical information in making treatment decisions. Specifically, evidence-based practice involves the integration of research findings with {a} professional judgment and data-based clinical decision-making, {b} values and preferences of families, and {c} assessing and improving the capacity of the system to implement the intervention with a high degree of accuracy.

3. To identify limitations of the existing treatment research involving individuals with ASD.

U.S. Department of Education Makes Public State-by-State Restraint & Seclusion Information

The U.S. Department of Education has released a summary of state laws, regulations, policies and guidelines regarding the use of restraint and seclusion techniques in schools. This state-by-state summary is a result of U.S. Secretary of Education Arne Duncan's letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. The document can be viewed at: http://www2.ed.gov/policy/seclusion/summary-by-state.pdf

STAAR to Replace TAKS

Commissioner of Education Robert Scott announced today that the next generation of student tests will be called the State of Texas Assessments of Academic Readiness or STAAR.

STAAR will replace the Texas Assessment of Knowledge and Skills (TAKS), which is the criterion-reference assessment program that has been in place since 2003.

The STAAR name, pronounced the same as star, will be used for the 12 end-of-course assessments mandated by SB 1031 in 2007 and the new grade 3-8 assessments mandated by HB 3 in the 2009 legislative session.

The new tests will be used beginning in the 2011-2012 school year. Students in the graduating Class of 2015, who are currently in seventh grade, will be the first students who must meet the end-of-course testing requirements, as well as pass their classes, in order to earn a diploma.

The new tests will be significantly more rigorous than previous tests and will measure a child’s performance, as well as academic growth.

The grade 3-8 STAAR tests in reading and mathematics, by law, must be linked from grade to grade to performance expectations for the English III and Algebra II end-of-course assessments.

During a speech at the Texas Association of School Administrators’ Midwinter Conference in Austin, Scott also said the last TAKS-based school accountability ratings will be issued in 2011. Ratings will be suspended in 2012 while a new accountability system is developed.

The new state rating system will debut in 2013.

Office of Disability Employment Policy Listening Tour

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) Assistant Secretary Kathy Martinez is leading a listening tour across the United States. ODEP and other federal partners are seeking input from people with disabilities, employers, and other stakeholders on key issues related to the under-employment of people with disabilities. Listening tour locations include Dallas, Philadelphia, Chicago, San Francisco, Atlanta, and Boston and events will take place January 21-March 3, 2010.  More>>

School Communication through Social Networking

Learn about ways schools in Oregon are communicating with families and the community through social networking sites such as Facebook and Twitter. More>>

TEAM Project Program Manager appointed to the Rehabilitation Council of Texas by Governor Perry

Texas Governor Rick Perry appointed Amy Woolsey of Cypress to The Rehabilitation Council of Texas for a three-year term set to expire Oct. 29, 2012. Full article >

Thanksgiving—For What are You Thankful?

I recently ran across the following from an anonymous parent—"I look at my child everyday and I am thankful to God that he gave me such a healthy child. He may have autism, but he can run, jump, and play. I'm thankful that he doesn't have cancer, aids, etc. Sometimes we need to feel less sorry for ourselves and more thankful for what we do have. Even though there is no cure for autism, we need to strive to further it's research. One day God will give a cure to this disease. Remember to always be thankful for what you do have, because things could always be worse." Anonymous (source: http://www.autismsgf.org/)

Another parent on a different site wrote that Thanksgiving was just another Thursday. I don’t think so. I believe we all have something to be thankful for. I realize that some have very difficult situations but if we take a moment to look there is something to be thankful for. Maybe your child is potty trained, maybe you have a reliable sitter, maybe your child can talk or maybe its what your child doesn’t do—he doesn’t ask you to buy him a new car, she doesn’t ask for designer jeans. Maybe you are thankful that your child doesn’t have a love life or you are thankful that your
child has experienced the thrill of a crush.

I am thankful that my son can tell me what he wants to eat, that he enjoys restaurants and movies, that he has a couple of people who call him friend even though he only seems interested in himself. I’m thankful for a few caring teachers in his life, that he has started to ask for help and that he is sometimes sneaky (finally developing the ability to plot and plan). Thursday, November 26 is not just another day - It is a day to stop and think about what you are thankful for. There is something—just think about it. - Win Fleming

Principals Group Releases IDEA Recommendations

The National Association of Secondary School Principals released a set of recommendations for how lawmakers should change the Individuals with Disabilities Education Act when it's up for reauthorization in 2010. The group formed a task force, made up of 11 acting middle and high school principals and assistant principals and four representatives from higher education institutions, in 2007 to study IDEA and how to improve it. These are the task force's nine recommendations, which touch on topics like assessments, paperwork, teacher shortages, and other issues that plague special education.

For more information on the following recommendations, check out the group's Web site. NASSP said the new IDEA should:

Education Week (edweek.org) On Special Education

U.S. Department of Education Announces Alexa E. Posny as Assistant Secretary of OSERS

Secretary of Education Arne Duncan congratulated Alexa E. Posny for being confirmed by the Senate on Monday, Oct. 5 as assistant secretary for special education and rehabilitative services. Posny comes to the department from Kansas where she served as commissioner of education for the state. As commissioner, Posny was responsible for helping over 450,000 students meet or exceed high academic standards, licensing over 45,000 teachers and overseeing a state education budget of more than $4.5 billion. Prior to her work as commissioner, Posny served as the director of the Office of Special Education Programs (OSEP) for the U.S. Department of Education, a position in which she assisted state and local efforts to effectively educate all children and youth with disabilities. Posny has also served as the Kansas deputy commissioner of education, Kansas state director of special education, director of special education for the Shawnee Mission School District, director of the Curriculum and Instruction Specialty Option as part of the Title I Technical Assistance Center (TAC) network of TACs across the United States, and a senior research associate at Research and Training Associates in Overland Park, Kan. Posny earned her bachelor’s degree from the University of Wisconsin at Stevens Point, a master’s degree in behavioral disabilities and a doctorate in educational administration both from the University of Wisconsin in Madison. Posny has also served on the Board of Directors for the Chief State School Officers, the National Council for Learning Disabilities, and chaired the National Assessment Governing Board’s Special Education Task Force. Posny has also been a teacher at the elementary, middle school, high school and university levels.

To view the full press release, please visit http://preview.ed.gov/news/pressreleases/2009/10/10082009.html.

2009-10 TEA Supplemental Educational Services (SES) Parent Notification Letters Released

Districts with campuses in Title I, Part A School Improvement Stage 2 and above must notify parents of eligible students about the SES option. SES parent notification letters (PNLs) must be disseminated to parents of eligible students on or before Monday, August 24, 2009. The state-required PNL and instructions were released on August 5, 2009 on the TEA’s Division of NCLB Program Coordination’s website at:

http://ritter.tea.state.tx.us/nclb/titleia/sesPNL0910.html

SES packets must be disseminated to parents by August 24, 2009.  The SES packets must include the following four (4) enclosures.

  1. Approved Provider List
    http://www5.esc13.net/ses/Providers_09-10.html

  2. Providers’ One-Page Summaries
    http://www5.esc13.net/ses/parent_notification_09-10_ProviderSummaries.html

  3. Provider Service Area Spreadsheet
    http://www5.esc13.net/ses/parent_notification_09-10.html

  4. SES State Enrollment Form
    http://ritter.tea.state.tx.us/nclb/titleia/AppendixD.html

A copy of the parent notification letter and/or packet(s) is required to be mailed to TEA at the time they are disseminated from the district to the parents. 

President Obama and U.S. Secretary of Education Duncan Announce National Competition to Advance School Reform

Obama Administration Starts $4.35 Billion “Race to the Top” Competition, Pledges a Total of $10 Billion for Reforms

Taken from a press release (July 24, 2009) from the Office of Communications & Outreach, U.S. Dept of Ed.

President Barack Obama and U.S. Secretary of Education Arne Duncan announced on July 24, 2009 that states leading the way on school reform will be eligible to compete for $4.35 billion in Race to the Top competitive grants. Between the 2009 budget and the American Recovery and Reinvestment Act (ARRA), more than $10 billion in grant money will be available to states and districts that are driving reform.

“This competition will not be based on politics, ideology, or the preferences of a particular interest group. Instead, it will be based on a simple principle – whether a state is ready to do what works. We will use the best data available to determine whether a state can meet a few key benchmarks for reform – and states that outperform the rest will be rewarded with a grant. Not every state will win and not every school district will be happy with the results. But America’s children, America’s economy, and America itself will be better for it,” President Obama said in a speech at the U.S. Department of Education headquarters in Washington.

The centerpiece of the Obama administration’s education reform efforts is the $4.35 billion Race to the Top Fund, a national competition which will highlight and replicate effective education reform strategies in four significant areas:

“The $4.35 billion Race to the Top program…is a challenge to states and districts.  We’re looking to drive reform, reward excellence and dramatically improve our nation’s schools,” Secretary of Education Arne Duncan said at the event. 

In addition to the Race to the Top Fund, over the coming months the Department plans to award more than $5.6 billion in additional grants through several other federal programs that support the Administration’s reform priorities, making available dollars that have been allocated by Congress under the FY 2009 budget and the ARRA. The Department of Education will be publishing draft regulations on each of the programs in coming weeks. The additional programs include the $650 million Investing in Innovation Fund, part of the ARRA to support local efforts by school districts and partnerships with nonprofits to start or expand research-based innovative programs that help close the achievement gap and improve outcomes for students.

With $297 million in the Teacher Incentive Fund, states and districts will create or expand effective performance pay and teacher advancement models to reward teachers and principals for increases in student achievement and boost the number of effective educators working with poor, minority, and disadvantaged students and teaching hard-to-staff subjects.

With $315 million from the Statewide Longitudinal Data Systems program, states will expand their data systems to track students’ achievement from preschool through college and link their achievement to teachers and principals. 
With $3.5 billion in Title I School Improvement Grants, the Department will support states in efforts to reform struggling schools, and focus on implementing turnaround models in the lowest-performing schools. Secretary Duncan has set a goal of turning around the bottom 5 percent of schools in the next five years. In addition, $919 million in State Educational Technology Grants to help bring technology into the classroom will be made available.  These funds are distributed to states by formula but states must deliver at least half of the money to districts on a competitive basis.  States can make all of the money competitive.

Within Race to the Top, $350 million has also been set aside to help fund common assessments for states that adopt common international standards. 

The Department will finalize the regulations and start accepting applications for the Race to the Top competition this fall.  The first round of grants will go out early next year.  The second round of applications will likely be due in June 2010 and final awards will be made in September.  “States will have two chances to win,” Duncan said. “They have plenty of time to learn from the first-round winners, change laws where necessary, build partnerships with all key stakeholders, and advance bold and creative reforms.”

Survey of NIMAS and Related Information Posted to State Education Agency (SEA) Web Sites

The NIMAS (National Instructional Materials Accessibility Standard) Center is a member of OSEP's TA&D Network.  NIMAS has posted a scorecard on SEA Website information regarding NIMAS at

http://nimas.cast.org/about/resources/statesdoesurvey

Note that it includes a detailed table for each SEA, information on criteria used for evidence, and additional information, including links, for each SEA.  This is very important information about accessibility of instructional materials for students with disabilities and the timely delivery of specialized formats to students with print disabilities."

U.S. Supreme Court Special Education Decision

From the June 26th CEC Policy Insider

The Supreme Court ruled 6-3 in favor of parents this week in Forest Grove School District v. T.A., allowing parents to seek reimbursement even when their child has never received special education services from the public school.  This ruling exposes a gap in IDEA's reimbursement rules, and places school districts at risk for more unilateral placement lawsuits.
 
In a largely technical opinion, the court used principals of statutory interpretation to discern the meaning of a phrase Congress added to the reimbursement provisions in the 1997 amendments to IDEA. The portion of the statute at issue states: "[i]f the parents of a child, who previously received special education and related services under the authority of a public agency, enroll the child in a private" school without referral or consent of the public district, they may sue the District for reimbursement. 20 U.S.C. §1412(a)(10)(C)(ii).   The majority concluded this language meant that a student need not  receive public special education services before suing a district for private placement costs.
 
This decision raises many concerns for CEC and its members. Unilateral placement lawsuits are expensive and divert much needed resources from classrooms to private schools.  Moreover, this ruling may encourage parents to bypass the IEP process entirely. Under one possible scenario, parents could hire private experts to evaluate district programs, determine they are not appropriate, and then enroll their child in a private school and sue the district.  CEC believes the law must respect the collaborative IEP process, which is the heart of IDEA and ensures children with disabilities receive an appropriate education.

ARRA Update

Office of Management and Budget (OMB) Releases Guidance on ARRA Implementation

On June 22, 2009, the OMB published implementing guidance for Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 ("Recovery Act"). The Recovery Act provided $12.2 billion for IDEA programs, which more than doubled the federal funding of special education and early intervention programs. This guidance is meant to provide federal agencies, and recipients with the information necessary to implement the reporting requirements included in Section 1512 of the Recovery Act. As recipients of $12.2 billion of the $787 billion Recovery Act, SEAs and LEAs now have the guidance they need in order to properly report how Recovery Act money is spent. These report requirements are part of a larger effort to provide the public with an unprecedented level of transparency into how Federal dollars are being spent and will help drive accountability for the timely, prudent, and effective spending of recovery dollars.

Reports must be submitted by SEAs and LEAs beginning in October 2009 and will answer important questions, such as who is receiving Recovery Act dollars and in what amounts?; what projects or activities are being funded with Recovery Act dollars?; what is the completion status of such projects or activities and what impact have they had on job creation and retention?

Texas Determination Status

The Texas Education Agency has received their letter regarding Determination status from the federal Office of Special Education Programs (OSEP).  Detailed information on  the process and results, including the letter and an explanation may be found at http://wwwdev.tea.state.tx.us/special.ed/spp/statedetermin.html.  The letter designates the level of compliance with the state plan and federal law, and the Explanation Document lays out the criteria.  The designation for Texas for this year is Needs Assistance.

This is the third year OSEP has issued a Determination status for states.  Levels of Determination status are:

Texas’ history on Determination status is:

Office for Civil Rights Looks at Impact of ADA Amendments Act on Section 504

When the Americans with Disabilities Act (ADA) Amendments Act took effect Jan. 1, 2009, it amended the meaning of “disability” in the ADA and the Rehabilitation Act of 1973—including Section 504. In March, the Office of Civil Rights (OCR) issued a revised FAQ document that looks at the impact of those changes. OCR also is evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and under Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. For more information, go to http://www.ed.gov/policy/rights/guid/ocr/disability.html.

IDEA Part A and B State Determinations

The U.S. Department of Education's Office of Special Education and Rehabilitative Services released state determinations on implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C for fiscal year 2007. The 2004 Amendments to the IDEA require each State to develop a State Performance Plan (SPP) that evaluates the State's efforts to implement the requirements and purposes of the IDEA, and describes how the State will improve its implementation. The SPP includes baseline data, measurable and rigorous targets, and improvement activities for 20 indicators such as graduation rate, dropout rate, participation and performance on assessments, meeting evaluation timelines, and ensuring that complaints and hearings are resolved within required timelines.

The IDEA also requires each State to report annually to the Secretary on its performance under the SPP. Specifically, the State must report in its Annual Performance Report, the progress it has made in meeting the measurable and rigorous targets established in its SPP. The secretary is required to issue annual determination letters to each state on their progress in meeting the requirements of the statute. The determinations are part of the ongoing efforts to improve education for America's 7 million children with disabilities.

IDEA details four categories for the secretary's determination. The state:

Data and criteria used to make determinations:

IDEA identifies specific technical assistance or enforcement actions aligned with each of the determinations, with the exception of "meets requirements," that the Department must take under specific circumstances. If a state "needs assistance" for two consecutive years, the Department must take one or more enforcement actions, including among others, requiring the state to receive technical assistance, designating the state as a high-risk grantee, or directing the use of state set-aside funds to the area(s) where the state needs assistance. If a state "needs intervention" for three consecutive years, the Department must require a corrective action plan or compliance agreement, or withhold further payments to the state. Any time a state "needs substantial intervention" the Department must take immediate enforcement action, such as withholding funds or referring the matter to the Department's inspector general or to the Department of Justice.

Following is each state's performance in meeting the requirements of IDEA Part B, which serves students with disabilities, ages 3 through 21:

Following is a list of each state's performance under IDEA Part C, which serves infants and toddlers birth through age 2:

Download a copy of the IDEA Part A and B State Determinations.

Statewide Autism Resource Center Created

Governor Perry signed into law, HB 1574 that was recently passed by the state legislature.  This bill becomes effective September 1, 2009.  The Health and Human Services Commission will establish and administer an autism spectrum disorders resource center to coordinate resources for individuals with autism and other pervasive developmental disorders and their families. 

The Center will collect and distribute information and research regarding autism and other pervasive developmental disorders; and, conduct training and development activities for people who may interact with such individuals.  This includes persons involved in employment, education, medical fields and law enforcement.  The Center will also coordinate with local entities that provide services to such individuals; and provide support for families affected by autism and other pervasive developmental disorders. 

The HHS Commission is to conduct a study to determine the costs and benefits to the state of initiating a pilot program to provide services to adult persons with autism and other related disabilities with similar support needs.  The pilot program would provide services and programs that would address employment, independent living, community-based housing, Medicaid Waivers for autism spectrum disorder services.  By September, 2010 the commission will submit a report to the governor and legislature with a recommendation for the structure of a pilot program, and an agency to design and administer a pilot program.

The full bill can be seen at:  http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=HB1574  However, the HHS Commission will develop regulations and procedures regarding the specific operation of the Resource Center.  More information on the Resource Center will be provided when it becomes available.

Parent Partners Leadership

The PATH program, under Partners Resource Network, is sponsoring a series of trainings entitled Parent Partners Leadership.  Parents are trained to partner and attend ARD/IEP meetings with other parents.  The number  one request received by Partners Resource Network is to attend an ARD meeting with a parent.   There are so few Regional Coordinators to service regions 5 – 13, we cannot meet these requests.  The need for parents to be trained to attend ARD meetings with other parents is great. 

The participants will go through training on such topics as The ARD Process, IDEA 2004, Section 504, Communication, Negotiation, and Leadership Qualities.  At the completion of the training process, participants are presented with a Certificate of Completion and are eligible to attend ARD meetings as support for parents. 

Participants matched by Partners Resource Network to attend an ARD meeting  with another parent will be given a $50 stipend to cover expenses such as gasoline to go to the meeting.  The parent whom the participant accompanies will complete an evaluation to let us know how helpful the Parent Partner was.   

If you have questions concerning this program, please feel free to contact Gay Ferguson with the PATH Project at Partners Resource Network at 409.898.4684 or 800.866.4726.

 American Recovery and Reinvestment Act

On April 1st, U.S. Secretary of Education Arne Duncan announced the release of $44 billion for States and school districts as the first installment of stimulus funding provided by the American Recovery and Reinvestment Act (ARRA).  He promised guidance from the DOE to state governors and state education agencies to assist them in implementing the funding. According to the Council for Exceptional Children's (CEC) Policy Insider of April 3, 2009:  

Of the $44 billion released, approximately $6 billion was allocated for IDEA Part B Grants to States for school aged students, $5 million for Title I, $540 million for vocational-rehabilitation state grants, $18 million for independent living, and $32 billion for the state fiscal stabilization fund. 

Additional information on the allocation of the stimulus funds for education, including copies of the letters to the governors,  can be found on the website at: http://www.ed.gov/policy/gen/leg/recovery/index.html.  The website includes specific guidance and fact sheets for IDEA Part B and Part C.   Go to the “Implementing the Recovery Act” section for information regarding each of the following funding categories:

A PowerPoint presentation about the ARRA can also be found on that webpage.

Stimulus Money for Education

The American Recovery and Reinvestment Act of 2009 (ARRA), signed by President Obama on February 17, 2009, provides approximately $100 billion for education. Four new documents on the ARRA have been developed by the Department of Education and are posted at http://www.ed.gov/recovery .  The first document describes the principles and strategy that will guide the distribution and implementation of ARRA funds appropriated to the U.S. Department of Education. The other three provide initial guidelines for three key components of the ARRA: the State Fiscal Stabilization Fund; Title I, Part A of the Elementary and Secondary Education Act; and Part B of the Individuals with Disabilities Education Act (IDEA). The Department will issue guidelines on other ARRA components as they are developed. We hope to have a Fact Sheet for Part C completed soon. All available information will be posted at http://www.ed.gov/recovery/.

American Recovery and Reinvestment Act of 2009 Fact Sheet

The Federal Government has developed a fact sheet on the ARRA that can be accessed at:  http://www.ed.gov/print/policy/gen/leg/recovery/factsheet/idea.html  

This fact sheet gives the overall philosophy and intent of the stimulus package. There are potentially many players that will be involved and probably many opportunities for parents to be involved in these efforts. Each State will be creating their own implementation plans based on their needs, so there is "no one size that fits all"  Use your networks to figure out who to contact in your State, where the funds are going and for what.   

Here is an interesting quote from the fact sheet. "The overall goals of the ARRA are to stimulate the economy in the short term and invest in education and other essential public services to ensure the long-term economic health of our nation. The success of the education part of the ARRA will depend on the shared commitment and responsibility of students, parents, teachers, principals, superintendents, education boards, college presidents, state school chiefs, governors, local officials, and federal officials."

 A very good overview - with Q&A's on the ARRA is provided by the Council for Exceptional Children (CEC) under their Policy and Advocacy segment. It can be accessed at: http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/CECPolicyResources/.     

Education Funding from the American Recovery and Reinvestment Act

U.S. Secretary of Education Arne Duncan unveiled the department's plans to send approximately $100 billion to states and school systems within the next few months. The new funding is part of the $787 billion American Recovery and Reinvestment Act (ARRA). About $44 billion will be released by mid April and another $49 billion will be distributed before the start of the new school year in about six months.

The ARRA dedicates $11.3 billion for the Individuals with Disabilities Education Act (IDEA) state grant, $500 million for the IDEA Early Intervention program and $400 million for the IDEA Preschool program.

School systems will receive the new funding without needing to do any additional paperwork but will be required to commit to raising academic standards, better testing, improving teacher effectiveness and intervening with poorly performing schools. By mid April, states will also receive their share of the $32.5 billion state stabilization fund. A total of $87 billion for state stabilization will ultimately be sent to states to help restore or avoid education funding cuts.

There is a link to several documents released by the Department that contains IDEA specific funding principles and tables showing state by state allocations for the IDEA state grant, IDEA early intervention state grants, and the IDEA pre-school program. See:

http://ucpact. convio.net/ site/R?i= hesgqz90- ct3p50VUm62RQ

http://www.ed. gov/news/ pressreleases/ 2009/03/03072009 .html

New Family Support Center on Disabilities

The Family Support Center on Disabilities: Knowledge & Involvement Network is a new clearinghouse established by the U.S. Health and Human Services (HHS) for two purposes: 1) to provide family centered information and 2) to promote the work of the many organizations and agencies working in every state and territory to improve the lives of individuals with developmental and other disabilities and their families.  The new Family Support Center on Disabilities is establishing a centralized resource to provide specialized information and assistance that meets families’ needs.  Check it out at www.familysupportclearinghouse.org.

Of course not everything families and individuals with disabilities need is readily available.  There is always a need for additional resources, changes and reforms, increases and expansions of services, and introduction of new services.  These tasks will be the role of the Family Support Center’s new State Action Teams (SAT) to be established in every state.  The Family Support Center will provide technical assistance, a small stipend, help to get teams started and a web-based “office” where they can do their work.

The SATs are not designed to replace any teams that may already be working in each state to make improvements. The SATs will be available to assist with, increase or expand the existing team efforts, reach other parts of the state and more families, or they could address needs that are currently on the to-do list.  The SATs are for people who would like to be actively involved who are not yet connected or who may want to establish a new team to address issues not being discussed or not addressed in your part of the state. 

Information about State Action Teams is available at: http://www.familysupportclearinghouse.org/stateactionteams/Pages/default.aspx.

Sign-up forms are available at: http://www.kinapplication.org/.

Obama-Biden Education Agenda Posted on Web

The Obama administration has posted its education agenda on the White House Web site. For early childhood education, the agenda includes key emphasis on early care and education for infants; expanded funding for Early Head Start and Head Start; and affordable, high quality child care. The K – 12 agenda includes reforming No Child Left Behind, making math and science a national priority, and addressing the drop-out crisis. For students with disabilities, the administration plans to increase funding and effectively enforcing the Individuals with Disabilities Education Act; hold schools accountable for providing students with disabilities the services and supports they need to reach their potential; support early intervention services for infants and toddlers; and work to improve college opportunities for high school graduates with disabilities. Read President Obama's Education Agenda >

President Obama's Disability Agenda

"We must build a world free of unnecessary barriers, stereotypes, and discrimination.... policies must be developed, attitudes must be shaped, and buildings and organizations must be designed to ensure that everyone has a chance to get the education they need and live independently as full citizens in their communities." ------ Barack Obama, April 11, 2008

President Obama outlines a four part plan designed to provide lifelong support and resources to Americans with disabilities:

1) Provide Americans with disabilities with the educational opportunities they need to succeed by funding the Individuals with Disabilities Education Act, supporting early intervention for children with disabilities and universal screening, improving college opportunities for high school graduates with disabilities, and making college more affordable.

2) End discrimination and promote equal opportunity by restoring the Americans with Disabilities Act, increasing funding for enforcement, supporting the Genetic Information Nondiscrimination Act, ensuring affordable, accessible health care for all and improving mental health care.

3) Increase the employment rate of workers with disabilities by effectively implementing regulations that require the federal government and its contractors to employ people with disabilities, providing private-sector employers with resources to accommodate employees with disabilities, and encouraging those employers to use existing tax benefits to hire more workers with disabilities and supporting small businesses owned by people with disabilities.

4) Support independent, community-based living for Americans with disabilities by enforcing the Community Choice Act, which would allow Americans with significant disabilities the choice of living in their community rather than having to live in a nursing home or other institution, creating a voluntary, budget-neutral national insurance program to help adults who have or develop functional disabilities to remain independent and in their communities, and streamline the Social Security approval process.

For more information on President Obama's disability agenda, please visit the following link: President Obama's Disability Agenda

For more information on President Obama's education agenda, please visit the following link: President Obama's Education Agenda

No Child Left Behind Act (NCLB) Final Regulations

New regulations for NCLB, effective November 28, 2008, cover several areas, including calculation of graduation rates, parent notification of school choice and supplemental educational services options, and state and district reporting requirements.

Federal Register - Final Rules: http://edocket.access.gpo.gov/2008/E8-25270.htm

U.S. Department of Education Announcement: http://www.ed.gov/news/pressreleases/2008/10/10282008.html

U. S. Department of Education Has Published New Additional Regulations for IDEA Part B

The U. S. Department of Education published final rules for certain provisions of the IDEA Part B State Grant Program on December 1, 2008. These regulations are needed to clarify and strengthen current regulations in 34 CFR Part 300 governing the Assistance to States for the Education of Children with Disabilities Program and Preschool Grants for Children with Disabilities Program, as published in the Federal Register on August 14, 2006. These areas include parental consent for continued special education and related services; non-attorney representation in due process hearings; State monitoring, technical assistance, and enforcement; and allocation of funds. The regulations also incorporate a statutory requirement (inadvertently omitted from the 2006 regulations) relating to positive efforts to employ and advance in employment individuals with disabilities. These regulations take effect on December 31, 2008.

The following is a summary of the major points of these final regulations:

Parental consent for continued special education and related services -  Section 300.300(b)(4) now allows parents to revoke consent for the continued provision of special education & related services.  The regulation requires that this parental revocation of consent "must be in writing & that upon revocation of consent a public agency (school) must provide the parent with prior written notice in accordance with 300.503."  There is a comment that "Allowing parents to revoke consent for the continued provision of special education & related services at any time is consistent with the IDEA's emphasis on the role of parents in protecting their child's rights & the Department's goal of enhancing parent involvement & choice in their child's education." 

Revoking consent releases the school from liability for providing FAPE.  It is clear that the rule applies to all services.  The parent cannot revoke consent for specific services.  Comments regarding accommodations note that general ed teachers "often provide classroom accommodations for children who do not have IEP's" and teachers can provide accommodations that "are available to non-disabled children under relevant State standards" to students affected by this rule.  

Interestingly, the comment section states that the school still has the responsibility to locate and identify all children who need special education services (child find), and notes that schools could need to request consent for evaluation of students whose parents had previously revoked consent.  The parent, of course, could refuse to give consent.

If consent is revoked, the student can then be disciplined as non-disabled students would be without IDEA procedural safeguards.  A statement is added at 300.9 that the school "is not required to amend the child's education records to remove any references to the child's receipt of special education & related services because of the revocation of consent."  Comments to the regulations point out that services cannot discontinued until prior written notice is given.  It is also noted that while a school may ask why a parent is revoking consent, they cannot require an explanation.  The DOE declined to mandate a specific timeline for schools to terminate services. 

Comments state that these regulations "do not attempt to address any overlap between the protections and requirements of the IDEA, and those of Section 504 and the ADA."  So it is unclear on how this rule would impact the implementation of Section 504 and ADA protections and requirements.  It is also noted that revoking consent could affect other programs, i.e., SSI and accommodations at postsecondary institutions.  The DOE elected to not put a limit on the number of times a parent could revoke consent and then later request reinstatement of special education services.  If a reinstatement was requested by a parent, it would be treated as an initial evaluation, but "depending on the data available, a new evaluation may not always be required."   

Time will tell how often parents use this new right and the impact that it has on students and the actions that schools take in general and for students who continue to struggle.  The DOE comments stress their belief that parents should have this right and can make decisions that are in the best interest of students.

Non-attorney representation in due process hearings - The exception clause in 300.512(a)(1), regarding the right to be represented by non-attorneys, has been revised to apply to any party to a hearing, not just parents.  The federal regulations do not say that non-attorney advocates can represent parents.  However, states may allow this, but if it is not allowed, the parent still has the right to be accompanied and advised by individuals with special knowledge or training with respect to the problems of children with disabilities. 

State monitoring and enforcement - Section 300.602(b)(1)(i)(A) increases the state's timeline for public reporting on the performance of each school from 60 days to 120 days following the State's submission of the annual performance report to the DOE.

These changes will require that the recently revised Notice of Procedural Safeguards be revised again.

For more information, including public comments, see these regulations at http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf.

OSERS' Rehabilitation Services Administration Has Published the 2007 Annual Review Reports (ARRs) for All State Vocational Rehabilitation Agencies

In order to provide state vocational rehabilitation (VR) agencies, disability advocates, VR consumers and service providers, and other VR stakeholders with information on the performance of the federal/state VR program, OSERS' Rehabilitation Services Administration (RSA) has published the Annual Review Reports for fiscal year 2007 for each of the 80 state VR agencies. View your State's Vocational Rehabilitation Agencies' reports >

New Program Manager for PATH Project

Gay Ferguson from Orange, Texas, recently joined the staff of PRN as program manager for the PATH Project.  She recently retired from the Housing Department of the City of Orange.  Gay has three children: Cristen, a college student; Catelyn who attends high school in Bridge City; and Joshua, a mischievous eleven year old with Down Syndrome.  Gay has been a member of the PRN board of directors and served as its president from January – August 2005.  Her volunteer interests include teaching Tae Kwon Do to children with disabilities; helping her husband, Scott, with the Golden Triangle Challenge Baseball League; and serving as a mentor to teenage girls through a summer program known as Chrysalis.  Gay says she is excited about having a job where she can work with other parents and loves coming to work each day!

Final Regulations for Implementing the Family Educational Rights and Privacy Act (FERPA)

On December 9th, final regulations for implementing the Family Educational Rights and Privacy Act (FERPA) were published in the Federal Register. These amendments are needed to implement a provision of the USA Patriot Act and the Campus Sex Crimes Prevention Act, which added new exceptions permitting the disclosure of personally identifiable information from education records without consent. The amendments also implement two U.S. Supreme Court decisions interpreting FERPA, and make necessary changes identified as a result of the Department's experience administering FERPA and the current regulations.

These changes clarify permissible disclosures to parents of eligible students and conditions that apply to disclosures in health and safety emergencies; clarify permissible disclosures of student identifiers as directory information; allow disclosures to contractors and other outside parties in connection with the outsourcing of institutional services and functions; revise the definitions of attendance, disclosure, education records, personally identifiable information, and other key terms; clarify permissible redisclosures by State and Federal officials; and update investigation and enforcement provisions. These regulations are effective January 8, 2009.

View the final regulations to FERPA at http://edocket.access.gpo.gov/2008/E8-28864.htm

PRN to Provide Technical Assistance to Southern Parent Centers

On October 1, 2008, Partners Resource Network was awarded a grant from the Office of Special Education Programs (OSEP) to serve as the Region 3 Parent Center Technical Assistance Center (R-PTAC).  The Region 3 TA Center is part of a national network of six regional centers and one national center.  The Parent TA network is part of OSEP’s national Technical Assistance and Dissemination (TA&D) Network which includes a variety of federally funded projects designed to address the needs of a wide range of stakeholders interested in students with disabilities. 

Region 3 consists of eight states and two U.S. territories: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Puerto Rico, Texas, and the Virgin Islands.  The region includes twenty federally funded Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs).

In the role of TA provider, PRN will provide services ranging from needs assessments, board and staff training, management consultation, and a resource clearinghouse.  PRN will conduct an annual regional conference and will provide a series of webinars and informative conference calls.  Another key activity will be to promote the development of partnerships between parent centers and state and local agencies. The goals of the five year project are:

  1. Increase the capacity of the Parent Centers in Region 3 to: a) manage their centers effectively, b) help families of children with disabilities understand regular and special education laws and evidence based practices, and c) form strong partnerships with local and state education agencies and the lead agencies providing early intervention services.

  2. Promote a unified and coordinated technical assistance system for parent centers that has strong connections with the other members of the OSEP TA & D Network.

More information about the project is available by contacting Alice Robertson, TA Coordinator, at 409-898-4684 or arobertsonpath@sbcglobal.net.

New National Center for Parents with Disabilities

A new National Center for Parents with Disabilities and their Families has been established in Berkeley, California under the auspices of Through the Looking Glass, a non-profit organization founded in 1982. The Center will oversee several national research studies concerning parents with disabilities and their families, as well as provide consultations, trainings and publications to parents, family members and professionals.

The research and resources of the Center will address the nearly 9 million U.S. parents with disabilities - 15% of all American families. Parents with disabilities include mothers and fathers in all disability categories - such as parents with physical disabilities, deaf parents, blind parents, parents with psychiatric or cognitive disabilities. The Center is funded by a $500,000 per year federal grant for three years from the Washington, DC-based National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education.

The new Center will focus its research and resource activities on four critical areas that impact parents with disabilities: custody, family roles and personal assistance; paratransit; and, intervention with parents with cognitive disabilities and their children. One of the notable activities planned over the next three years is a scholarship program for high school seniors and college students whose parents have disabilities. The Center will be staffed by nationally recognized experts regarding parents with disabilities, most of whom have personal or family experience with disability or deafness.

More information about the Center and Through the Looking Glass is available at the organization' s website (www.lookingglass.org), through two toll-free numbers, 800-644-2666 (voice), 800-804-1616 (TDD/TTY), or by email at tlg@lookingglass.org.

ABOUT THE ORGANIZATION. This new National Center will build upon Through the Looking Glass's nationally and internationally recognized expertise and leadership in working with parents with disabilities, their families, and their providers -- 26 years of groundbreaking research, services, training and resource development. Through the Looking Glass (TLG) has trained more than 70,000 professionals regarding parents with disabilities and deaf parents, from all U.S. states and 44 countries. Since 1993 it has provided technical assistance to over 25,000 parents with disabilities, family members and professionals. TLG's expertise has contributed to the passage of legislation in three states to decrease discrimination against parents with disabilities. TLG is one of seven disability organizations that have partnered to build the Ed Roberts Campus at the Ashby BART Station in Berkeley - a national and international model dedicated to disability rights and universal access(see www.edrobertscampus.org for more details). Opening in 2010, the campus will house the offices of the collaborating organizations as well as Through the Looking Glass' new early child development center.

Contact: Dr. Paul Preston
510-848-1112, x104
Email: ppreston@lookingglass.org

National Institutes of Health (NIH) Launches New Web Site for Parents on Medical Research Studies for Children

From asthma and cancer treatments to vaccines, research in children saves lives and improves their health and well-being. A new Web site from the National Institutes of Health (NIH), "Children and Clinical Studies" <www.ChildrenAndClinicalStudies.nhlbi.nih.gov>, offers parents and health care providers an insider's guide to children's medical research. The Web site combines information about how clinical studies in youth are conducted with award-winning video of children, parents, and healthcare providers discussing the rewards and challenges of participating in research.

"Clinical studies are essential to improving our understanding of how to diagnose, prevent, and treat disease -- as well as how to stay healthy -- and this is true of children as well as adults," said Elizabeth G. Nabel, M.D., director of NIH's National Heart, Lung, and Blood Institute, which developed the Web site. "We hope this new resource will help parents and others learn more about how clinical studies are conducted in children, so they can make well-informed decisions about whether to enroll their child in a study."

The Web site describes why research in children is important, how studies are conducted, and what measures are taken to protect participants' safety and privacy. NHLBI -- which supports pediatric research on asthma, heart disease, sickle cell anemia, obesity, and other conditions -- developed the Web site in collaboration with New England Research Institutes and Hands On Productions. Additional support was provided by the NIH Foundation; NIH's Eunice Kennedy Shriver National Institute of Child Health and Human Development, and the National Center for Research Resources; and the National Marfan Foundation.

Texas Schools Financial Accountability Rating System

The Texas Education Agency (TEA) was required to develop a financial accountability rating system. All school districts are given a rating based on 24 indicators that look at student and staff data as well as budgetary and actual financial data. There is not master list of the ratings for all schools available.

In a letter dated 8/20/08 TEA tells schools that "Within two months after receipt of the final School FIRST rating, each school district will announce and hold a public meeting to distribute a financial management report that explains the district’s performance under each of the 24 indicators for the current and prior year and the district’s rating.  The first of two notices in the newspaper to inform the taxpayers of the meeting may not be more than 30 days prior to or less than 14 days prior to the public meeting.  (The public meeting to present the School FIRST rating may be combined with a scheduled regular meeting of the board of trustees.)  The district should review the new disclosures that must be included in the financial management performance report.  Districts will be required to report on reimbursements to superintendent and board members for the 2006-2007 school year and either post on the district’s website or supply in the management report the current superintendent’s contract.  These disclosures can be found in Title 19, TAC, Section 109.1005. http://www.tea.state.tx.us/rules/tac/chapter109/ch109aa.html

The letter goes on to say "Improvements in financial management in many school districts have been identified since the initiation of School FIRST in 2003, one result being the provision of opportunities for increased financial allocations in support of classroom activities."

This is an opportunity for the public to have more information about how schools are spending state funds and taxpayers' money.  The full letter can be seen at http://www.tea.state.tx.us/taa/schfin082008.html.

New Federal Reports Address Disability Issues

The Government Accounting Office has issued two recent reports dealing with disabilities. “Young Adults with Serious Mental Illness: Some States and Federal Agencies Are Taking Steps to Address Their Transition Challenges” is available at www.gao.gov/cgi-bin/getrpt?GAO-08-678. (For highlights, visit www.gao.gov/highlights/d08678high.pdf.) “Medicaid Home and Community-Based Waivers: CMS Should Encourage States to Conduct Mortality Reviews for Individuals with Developmental Disabilities” is available at www.gao.gov/cgi-bin/getrpt?GAO-08-529. (For highlights, visit www.gao.gov/highlights/d08529high.pdf.)

State Receives OSEP Determination Letters on Implementation of IDEA

The federal Office of Special Education Programs (OSEP) recently issued IDEA progress reports to state departments of education. Officially known as "U.S. Department of Education Determination Letters on State Implementation of the IDEA," the reports indicate if states met requirements of IDEA or need assistance or intervention to meet those requirements.

IDEA is the Individuals with Disabilities Education Act, which provides public education to the nation's nearly 7 million children with disabilities. For funding accountability, states must show that they are meeting the education needs of children with disabilities.

Each state develops its own state performance plan, based on federal guidelines, and then submits an annual performance report to OSEP telling how it met the targets of its plan. OSEP sends detailed progress reports to states in June, showing states where they need improvement. To view the determination letter for Texas, click here. To find letters for other states, click here.

Texas Commissioner’s Rules Concerning Special Education Services

The Texas Education Agency (TEA) has developed several Guidance documents to help with the implementation of newly adopted amendments to the Texas Commissioner’s Rules for Special Education Services.  These amendments, effective in the Fall of 2007, were made in response to the IDEA 2004 federal regulations published in August 2006.  The amendments either address State laws or give additional details that TEA felt were needed or that were required by federal law. The Guidance documents can be found at http://www.tea.tx.us/special.ed/guidance/rules.

Highlights of these recent amendments to the Commissioner’s Rules include:

REFERRAL/CHILD FIND

Prior to a referral for a special education evaluation, students should now also have available a response to scientific, research-based intervention (referred to as Rti) and other academic or behavior support services.  The Guidance document says “This section refers to the provision of targeted and supplemental services beyond what is provided for all students and whose data-based documentation shows an inability to meet age and grade level expectations. Determining whether a student makes sufficient progress when provided Rti will depend on the particular scientific, research-based intervention(s) criteria.”

“An Rti process does not replace the need for a comprehensive evaluation using a variety of data sources. A school should inform parents when a student is not making progress in the general education setting. If the child is not making progress in the general education setting and demonstrates lack of sufficient progress to intervention(s) after an appropriate period of time …., the school should request parental consent to evaluate a child suspected of having a learning disability.”

Under the heading “Denial of Special Education Referrals” the Guidance document says “Rti is intended to have a positive impact on the ability of LEAs (schools) to meet the needs of struggling students.  The strategies offered by Rti can be used by educators to increase appropriate referrals and decrease inappropriate referrals to special education.  The information provided by the Rti process is useful in determining school improvement activities, including activities prior to or in lieu of a special education referral.”

ELIGIBILITY CRITERIA

Additional flexibility was added to the definition of mental retardation.  However, TEA says “schools are encouraged to exercise caution in making such determinations (about mental retardation) in order to avoid over-identifying students.”

The definition of other health impairment lists 12 examples of health conditions included.

The learning disabilities definition says that data must be considered that the student was provided appropriate instruction in reading and/or mathematics in general education settings delivered by qualified personnel and there is “data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction.  Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments.”  Evaluations may continue to include significant discrepancies between intellectual ability and achievement, but a discrepancy cannot be the sole determinant.  TEA believes “it is premature to make Rti a requirement in learning disability eligibility determination.”  TEA will continue to provide guidance to schools on the determination of a learning disability.

ARD MEETINGS/IEP DEVELOPMENT

An ARD for a student with deaf-blindness must include a teacher certified in area of visual impairments and a teacher certified in area of auditory impairments.

If a student transfers to a school before the previous school completed an evaluation, the new school must complete the evaluation “not later than the 60th calendar day following the date on which the new school receives written consent for the evaluation.”

Consideration for transition services has changed to 16 years of age, but can be considered earlier.

The seven strategies that needed to be addressed in the IEP of a student with autism (called the autism supplement) have been expanded to 11 items and must now be addressed “when needed”.  Detail was added to the previous 7 items.  The added items deal with: “communication interventions”; “social skills and strategies”; “professional educator/staff support” (includes training); “teaching strategies based on peer reviewed research-based practices” for students with autism.

Emergency permits for interpreters providing services to students who are deaf are no longer allowed.

DISPUTE RESOLUTION

The content of a request for due process hearing is now listed.

TEA will be adding procedures for dealing with the federal regulations on:  Resolution Meetings; Contesting Sufficiency of the Complaint; the Resolution Period. 

A party may request a dismissal or nonsuit of a due process hearing to the same extent that a plaintiff may dismiss or nonsuit a case under Texas Rules of Civil Procedure, Rule 162.

Could A Young Adult's Disability Impact Their Communication with a Peace Officer?

Texas Transportation Code 521.125 allows the Department of Public Safety to include on an individual's driver license any health condition that may impede the individual's communication with a peace officer. The health condition must be evidenced by a signed statement (form DL-101) from a licensed physician. The health condition as stated on the DL-101 form will be printed on the reverse side of the individual's driver license. The DL-101 Physician's statement may be picked up at any driver license office. Please note that medical information provided under this program is not protected and is subject to release under the Public Information Act. If you have further questions, please contact the Texas Department of Public Safety at (512) 424-5089.

 


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