ISEAS Steering Committee Meeting Minutes
University Forum Meeting Minutes
William M. Evans Scholarship - 1996 Winner
Partners in Policymaking Program
The Special Educator and IDE Law Report
1996-1997 PATINS Training at a Glance
The following was published in the Spring/Summer 1995 edition of THE LINK, the newsletter of the Appalachia Educational Laboratory.
The National Center on Educational Restructuring and Inclusion (NCERI), the Graduate School and University Center, the City University of New York, has undertaken a national survey to identify inclusive education programs. Chief state school officers in each state were contacted and asked to identify local districts where inclusion activities were taking place, including information about policy, funding, and evaluation. Districts identified were then contacted and asked for information concerning their programs, including the sources of its initiation, the number and handicapping conditions of the students involved, the nature of the inclusion program, changes in classroom practices and curriculum, consequences for staffing and school organization, parental involvement, evaluation activities undertaken, and materials developed. The report identifies factors necessary for inclusion to succeed, as well as teaching models and classroom practices that support inclusion.
Based on the National Center's survey and review of the research, seven factors are necessary for inclusion to succeed:
1. VISIONARY LEADERSHIP. An Indiana superintendent, commenting about what is necessary for inclusion to succeed, said it only took two things: "leadership and money." As to leadership, three elements are critical: (a) a positive view about the value of education to students with disabilities; (b) an optimistic view of the capacity of teachers and schools to change and to accommodate the needs of all students; and (c) confidence that practices evolve, and that everyone benefits from inclusion.
2. COLLABORATION. Reports from school districts show that inclusive education presumes that no one teacher can, or ought to, be expected to have all the expertise required to meet the educational needs of all the students in the classroom. Rather, individual teachers must have available to them the support systems that provide collaborative assistance and enable them to engage in cooperative problem solving. Planning teams, scheduling of time for teachers to work together, recognition of teachers as problem solvers, conceptualizing teachers as front-line researchers - all of these are tools necessary for collaboration.
3. REFOCUSED USE OF ASSESSMENT. Traditionally, student assessments have been used as screening devices - to determine who gets into which slot. In special education, a myriad of studies point to the inadequacy of this screening. Inclusive education schools and districts report moving toward more "authentic assessment" designs, including the use of alternative measures of performance, attention to portfolios of students' work and performances, and generally working to refocus assessment. They also report that assessment is used not just as a standardized measure but one that builds a greater understanding of individual student needs. It is not used as a marker of teacher success or to measure one district's or building's performance against that of another.
4. SUPPORT FOR STAFF AND STUDENTS. Two factors are reported for successful inclusive programs: systematic staff development and flexible planning for special education and general education teachers to meet and work together. A key factor in the planning process with teachers is the involvement of parents and, when possible, the student, in the planning process. From the vantage point of students, supports for inclusion often mean supplementary aids and support services. Districts report that these include: assignment of school aides, full or part time, short or long term; curriculum adaptations; provision of needed therapy services integrated into the regular school program; peer support; "buddy system" or "circles of friends"; and effective use of computer-aided technology and other assistive devices.
5. FUNDING. The federally funded Center for Special Education Finance confirms earlier research that the particular funding formula used by a state has consequence for student placement and inclusion. In most states, the funding formula used to support special education encourages separate programs. Rather than supporting placement patterns, school districts reported wanting funding to follow students. In Vermont, for example, the changes in the funding formula were reported as an essential factor in the promotion of inclusive education for all students.
6. EFFECTIVE PARENT INVOLVEMENT. Schools and districts conducting inclusion programs reported that, in the past, parental involvement had been more perfunctory than substantive, more a matter of honoring due process procedures than enhancing the educational experience. Inclusive schools report encouraging parental participation through family support services and educational programs that engage parents as co-learners with their children. Programs that bring a wide array of services to children in the school setting report at least two sets of benefits - the direct benefits to the children and the opportunity provided for parents and other family members to become involved in school-based activities.
The national survey reports differing roles for teachers in several models of inclusive education.
* A CO-TEACHING MODEL, where the special education teacher co-teaches alongside the general education teacher.
* PARALLEL TEACHING, where the special education teacher works with a small group of students from a selected special student population in a section of the general education classroom.
* CO-TEACHING CONSULTANT MODEL, where the special education teacher still operates a pull-out program, but also co-teaches within the general education classroom several hours a week.
* A TEAM MODEL, where the special education teacher joins one or more general education teachers to form a team that is then responsible for all of the children in the classroom or at a particular level.
* METHODS AND RESOURCES TEACHER MODEL, where the special education teacher, whose students have been distributed in general classes, works with the general education teachers.
The following classroom practices have been reported as supporting inclusive education:
* MULTI-LEVEL INSTRUCTION allows for different kinds of learning within the same curriculum. Here the focus is on key concepts to be taught, alternatives to presentation methods, willingness to accept varying types of student activities, and acceptance of multiple outcomes, different ways in which students can express their learning, and diverse evaluation procedures.
* COOPERATIVE LEARNING involves heterogeneous groupings of students, allowing for students with a wide variety of skills and traits to work together. Differing models of cooperative learning are reported as giving greater emphasis to the process of the group's work and to assessing outcomes for individual members, as well as the team as a whole. Individual districts using cooperative learning declare that it promotes students' planning and working together.
* ACTIVITY-BASED LEARNING gives emphasis to learning in natural settings, the production of actual work products, and performance assessment. It moves learning from being solely a classroom-based activity to encouraging and preparing students to learn in community settings.
* MASTERY LEARNING focuses on the specifics of what a student is to learn and then allows sufficient opportunities for him/her to gain "mastery." Inclusive schools using mastery learning report attention to relearning, reteaching, and consideration of students' learning styles.
* TECHNOLOGY is often mentioned as being a support for students and teachers. Uses include record keeping, assistive devices such as reading machines and Braille-to-print typewriters, and drill and instructional programs.
* PEER SUPPORT AND TUTORING PROGRAMS are reported as having multiple advantages. Placing students in instructional roles enhances the teaching resources of the school. It is mentioned as positive for both the students and the student tutors. It recognizes that some students learn by teaching others. Such programs place students at the center of the learning process.
For more information about this study whose outcomes are summarized above, contact: National Center for Educational Restructuring and Inclusion, The Graduate School and University Center, City University of New York, 33 West 42nd Street, New York, NY 10036; 212-642-2656; Fax: 212/642-1972.
CITATION: National survey identifies inclusive education practices. THE LINK, 14(1), 7-8. Spring /Summer 1995). Appalachia Educational Laboratory; P.O. Box 1348; Charleston, WVa. 25325; 304/347-0400.
SOURCE: GTE-INS Least Restrict.Envir. newsgroup posting on Indiana SECN 8/17/95.
Gary Hahn has resigned the director of special education position at Michigan City Area Schools. The deadline for applications was June 7 unless an extension has been offered. The vacancy was posted on the ISBA.News bulletin board on May 23, 1996. For information telephone 219/873-2000.
Hank Binder posted a 5/16/96 e-mail message to formally notify all local directors that, per action taken by the 1996 General Assembly, the "Percent of Time Mainstreamed" report will no longer be required as a part of the December 1st child count activity. However, the ability to generate this report will be retained in the IEM system on the Summary Report menu which will allow districts, at their discretion, to keep this type of data locally.
Dr. Linda Duncan (formerly Malone) is the new director of the South LaPorte County Special Education Cooperative effective July 1996. She replaces Susan Scott.
Vicki Hershman, state coordinator of PATINS, has announced the 1996-97 training schedule which is available on page 25 of this issue. For more information, call 317/243-1311.
Kathleen Hugo (Forest Hills Cooperative), Cheryl Harshman (West Central Cooperative), Pam Musick (East Central Cooperative), Debbi Rains (Mooresville), Linda Simmons (Blue River Cooperative), and Bill Dreibelbis (Carmel Clay) have each completed their first year as directors.
Janine S. Hooley is an attorney who has been appointed the new Director of Special Institutions at the Indiana Department of Health. Janine replaces Nancy Cobb, interim director during the vacancy created by Alan Mealka's resignation.
July 4
Barbara DeNoon
Division of
Special Education
July 16
Susan Reimlinger
Division of
Special Education
July 26
Marietta Wolfe
Blackford County
Special Services
July 28
Michael Livovich
West Lake County
Special Education
July 28
Rick McLeod
Jennings County
School Corporation
July 29
Don Hartstern
Division of
Special Education
[These minutes are considered unofficial until approval at the next meeting on September 25, 1996.]
Members Present: Tom Adams, North Central Representative; Brett Bollinger, Southeast Alternate; Mary Jo Dare, Central Representative; Sheila Decaroli, East Representative; Muriel Downey, Northeast Representative; Saundra Lange, Southwest Representative; Joan Machuca, Northwest Representative; Bob Marra, Director, Division of Special Education; and, Jeff Young, ICASE Representative
Staff Present: Gary Collings, ISEAS Executive Director; Cinda Long, ISEAS Program Specialist; and Susie Thacker, ISEAS Executive Assistant
Others Present: ICASE Executive Committee
The meeting was called to order at 1:00 p.m. by Gary Collings as ISEAS Executive Director. Collings introduced ISEAS staff and current and incoming Steering Committee members. Tom Adams and Susan Jacobs were recognized with a certificate for completing their terms as representatives.
Collings reminded the Committee that Marilyn Friend is working on a set of collaboration and inclusion videotapes. She needs high school principals and other key administrators for dialogue about experiences and insights into inclusion. This segment will be videotaped between 8:00 AM and 4:00 PM on June 21 at the NVP Studio in Indianapolis. Anyone interested may contact Collings.
Littlejohn reviewed the Creative Problem Solving (CPS) training program sponsored by Blumberg Center and the Division of Special Education. Approximately 200 people have been trained in this technique in the last two years. Littlejohn explained fee levels which will be required this coming year and encouraged directors to consider CPS training in their CSPD plans.
P.G. Aaron, Professor in the Educational and School Psychology Department at Indiana State University, is writing a federal grant for children with reading disabilities. For this study he will need a large population base of students in grades 2 to 6. He would provide tests, prescriptions to use in regular reading programs, and data feedback. Anyone interested in participating in this study may contact Bill Littlejohn at the Blumberg Center.
Approvals: Motion: Minutes from the May 16, 1996 meeting were presented. With a motion by Decaroli/Dare, the minutes were approved as written.
Mini-Grants: Expenditures to date of $500 mini-grants:
Central Roundtable $ 0.00
East Roundtable 556.49
North Central Roundtable 0.00
Northeast Roundtable 472.57
Northwest Roundtable 400.00
Southeast Roundtable 0.00
Southwest Roundtable 102.61
Selection of Roundtable Representatives: Phyllis Craig (Kokomo) will serve as North Central Roundtable representative and Brett Bollinger (New Albany-Floyd) as Southeast representative for a three-year term beginning July 1, 1996 - June 30, 1999. Alternates appointed at this time are Susan Jacobs - Southeast, Jacki Lynn - Central, Susan Price - Southwest, and Lynn Thompson - East. Collings stressed the importance of having an alternate if the roundtable representative is unable to attend. This is especially important with the new format of a single roundtable representative to attend both ISEAS Steering Committee and ICASE Executive Committee.
1996-98 Agreement Extension with ISU: The 1996-98 ISEAS Agreement Extension with Indiana State University has been approved by all parties concerned and returned to the ISEAS office.
1996-97 Grant Proposal: At the May meeting the Committee approved the 1996-97 Grant application in the amount of $380,000. A copy of the budget was provided at the June meeting showing the revised figures. The application is now on its way to Indiana State University for signatures.
1996-97 Calendar of Meetings: The proposed ISEAS/ICASE calendar of meetings for 1996-97 was discussed. It was suggested that the August 14 ICASE Executive Committee meeting be changed to August 15 at 1:00 PM at the Holiday Inn North following the New Directors Seminar. MOTION: A motion by Decaroli/Lange to accept the revised calendar including the change of the ICASE Executive Committee meeting to August 15 was approved.
1995-96 Events/Reports: Seminar for Physical Therapists in Educational Settings: Collings noted that evaluation results from 72 of the 110 participants in the Seminar for Physical Therapists in Educational Settings showed the seminar was very well received. Many of the participants responded with suggestion for topics and/or presenters for future sessions. These suggestions will be used as reference in planning any future OT/PT Conference.
1996-97 Events/Reports: New Directors/Supervisors Meeting: New directors, assistant directors, and supervisors will be invited to attend the annual New Directors' meeting planned for Thursday, August 15 at the Holiday Inn North.
ISEAS Topical: ISEAS has been invited to sponsor one of the nine presentations at the October 24 ED-MED Conference. Collings has presented a proposal to the planning committee as a follow-up to the May 16 PT seminar for school personnel such as Physical Therapists, Occupational Therapists, and any interested medical personnel regarding our statewide Assistive Technology Initiative (Vicki Hershman). Participants in general will select three of nine sessions on their registration form and all will attend a keynote presentation by Jackie Pflug at the end of the day. As the Steering Committee indicated their agreement to pursue the ED-MED connection, Collings will proceed with arrangements. Preliminary postcards announcing the topical will be sent this summer to OTs, PTs, and directors.
Secretaries/Support Staff Seminar: The annual Secretaries/Support Staff Seminar is scheduled for Tuesday, November 12,1996 at the Holiday Inn North. Based on the feedback from last year's seminar, the following topics were suggested: student records/files, special education legal questions, paperwork/forms, conflict resolution, parent relations, and small group discussions on selected topics. The Committee was asked to submit any suggestions for focus topics and presenters. As feedback has indicated one of the most important aspects of the seminar is the chance for participants to network with their peers, it was suggested that one strand of the seminar be devoted to a cracker barrel format with a special education director facilitating. Another suggestion was to contact the Association of School Secretaries for speakers. Patti Kem will provide the name of a contact person. Several attending noted the importance of the seminar to their support staff.
1996-97 ISEAS LEASE Academy: A preliminary draft of a booklet for the ISEAS LEASE Academy was distributed. The theme for the Academy is "Life in the Balance" and is hosted by ISEAS and presented by the Center for Organizational Resources (COR) of Ball State University. The Academy will be divided into two sessions: November 20-21, 1996 and January 20-21, 1997. Registration for the Academy will be announced at the ICASE Fall Conference.
Conference Sponsorships/Reports: Midwest Special Education Leadership Conference: As has been done the past two years, ISEAS will sponsor the participation of Daena Richmond, ICASE President-elect, in the Midwest Special Education Leadership Conference on June 25-28, 1996 in Breckenridge, Colorado. The theme for the conference is "Higher Altitude - Clearer Vision." Approval has been granted by the Indiana Professional Standards Board for nine Certification Renewal Units (CRUs) to be awarded for participation in the Midwest Conference.
University Forum: On March 7, 1996, faculty in institutions for higher education across the state of Indiana were invited by the ISEAS University Forum to participate in the 5th Annual Special Education Rally. A rough draft compilation of the creative responses generated for each of three Task Statements was presented for review.
Cathy Shea is the new chairperson and Marlaine Chase vice-chairperson of the Forum for the 1996-98 term.
Division Report: Marra asked if it would be possible to advise him a week in advance of agenda items the Committee would like addressed so he might have appropriate members of his staff in attendance.
Jeff Young asked that the minutes reflect the appreciation of the members for the openness of the Division staff with ISEAS and ICASE during the year.
Collings noted Shirley Amond, Marra and he will likely be meeting during the summer to organize committees to address three or four program areas (TBI, Autism, OH and HI) for inclusion in the Standards manual.
Marra commented the Division is in dialogue on how to incorporate Program Review with other DOE structures such as PBA to streamline the monitoring process.
Other Business: Teacher Academies: Sharon Henderson spoke to the Committee regarding the ISTA Professional Development Leadership Academies. Information about the sessions may be found in the May/June 1996 issue of the ISTA Advocate. Henderson stressed the academies are open to all teachers across the state.
Principals Technology Leadership Training Program: The Department of Education will again sponsor the five-day Principals Technology Leadership Training Program. The program will include an overview of technology in education, technology in the front office, technology in the classroom, exploration through learning centers, and creating a school technology plan. The training will be held at the Indiana Technology Learning Center in Indianapolis in cooperation with the staff of the Indiana Principals Leadership Academy. There is a $50 registration fee due by July 19. Contact Carolyn White (317/232-9182 or 800/527-4930) for dates of the various sessions offered and a registration packet.
Videotape "Who are the Children Being Born Today": The video is currently with June Trabant, Civitan Children's Center, Vincennes.
Videotape "Look Who's Laughing": Sally Hoffman, Principal, Sanders School, now has the video recently purchased by ISEAS. The video will be returned to Joan Machuca, Northwest.
Daena Richmond, ICASE President-elect suggested the September 25 ISEAS/ICASE meetings be held from 2:00-5:00 PM at the Hotel Roberts.
Next Meeting: The next meeting will held on Wednesday, September 25, 1996 at the Roberts Hotel in Muncie from 2:00 - 5:00 PM.
[The following minutes are considered a draft until approved at the next University Forum meeting.]
Members Present: Maury Miller (ISU), Cathy Shea (IUS), Marlaine Chase (Evansville), Judith Smith (Purdue-Calumet), Sharon Knoth (Division), Ann Smith (ICASE), Lyle Lloyd (Purdue), Pat Rogan (IUPUI), Henry Schroeder (ISDD), Ray Quist (ISU), Gary Collings (ISEAS).
1. Motion by Smith/Chase to accept February 2, 1996 Minutes as mailed was approved.
2. Focus Topic: Transition - Rogan presented a draft paper titled Personnel Preparation in the Area of Transition: Current Status and Future Needs. She requested input to the paper and its recommendations. Members raised questions and offered suggestions including other groups from whom to get input. Rogan will revise the paper and mail it to the Forum for reaction.
3. Review of March 7, 1996 Faculty - Chase reported 15 participants and 2 facilitators (Littlejohn and Frantz) were in attendance; members discussed their disappointment in the low faculty turn-out. Smith and Chase were asked by Miller to survey Forum members over the summer and present a draft plan for the February 1997 Rally at the September 27 organizational meeting.
4. Update: IPSB Exceptional Needs Advisory Group - Miller commented on his brief presentation to the Exceptional Needs Study Group as reflected in his January 12, 1996 letter. The Exceptional Needs Study Group is to present their paper to the Indiana Professional Standards Board on August 15. Knoth will disseminate the study group paper via e-mail once it is available. Chase asked what we wanted to do with the outcomes recorded by Janes at the Rally to be considered prior to the August 15 session.
ACTION: Chase will revise the draft and provide it to Collings to be mailed to Forum members for reaction and returned to Chase for final edit. Knoth suggested the final copy be mailed to Forum members with the Exceptional Needs Advisory Group paper.
5. Nomination - Cathy Shea was nominated chairperson and Marlaine Chase vice-chairperson of the Forum for the 1996-98 term. The slate was approved by consensus. Judith Smith will fulfill the vice-chair position for the Fall 1996 during Chase's teaching assignment on University of Evansville's British campus.
6. Division Update - Knoth reported on the upcoming restructuring of the CSPD process with more local district emphasis on building-based needs, family focus and staff (not just teachers and administrators) input. The new procedures will be presented to directors on June 13. A lengthy discussion followed on where university faculty members may or may not fit into this restructuring. The question was raised as to what universities can do collaboratively with special education planning districts to build capacity. Upon inquiry Knoth explained the PATINS project and the planned connection to the University of New Mexico training project. The question was raised about how may our public/private university faculty be represented in the training deliberations and process.
7. Focus Topic: Distance Education - Parelius was not available for a presentation/update. The other members of this committee are Lloyd, Littlejohn, and Swiss.
8. Other Business - Members were pleased to see Henry Schroeder after his surgery in February. Since this was his last meeting he was honored with an "expensive" clock and a cookie for the road.
9. University Reports - Schroeder (ISDD) will retire on June 30 and the new director of ISDD will presumably attend Forum meetings in the future.
Chase (Evansville) commented that they are offering options to students who want some education background but do not anticipate being in the classroom e.g. counselors, nurses, physical therapists, etc. She leaves for a teaching assignment in England on August 27 and returns December 21.
Quist (ISU) commented that their dean is a member of the IPSB which gives their faculty an added insight to outcomes assessment. He will be on sabbatical in Holland the Fall semester. Miller (ISU) noted their faculty has been offering select courses via telecommunications.
Lloyd (Purdue) is interviewing for a faculty member with background in assistive technology. Shea (IU South) reported that her campus has a new chancellor.
10. Next Meeting - September 27, 1996 (12:30 PM) - in conjunction with ICASE Fall Conference at the Roberts Radisson Hotel in Muncie.
The law firm of Bose McKinney & Evans is pleased to announce that STEPHANIE RUTH BRUMBAUGH of Warsaw, Indiana, is the 1996 recipient of the $2,000 William M. Evans Scholarship.
This scholarship is awarded annually to a special education student enrolled in the senior class of an Indiana public high school who plans to pursue post-secondary education.
Stephanie Brumbaugh, who is profoundly hearing impaired, is a senior at Warsaw Community High School in Warsaw, Indiana. Stephanie plans to attend Ball State University this fall, where she hopes to obtain a degree in the field of elementary education.
Throughout her high school years she has been a member of SADD, Latin Club, Creative Writing Club, Choir and Theater Club. Stephanie appeared in several school and community theatrical productions and served as the Lady Tiger Track Team manager.
During the 1994-95 school year, "Steph" was a Rotary Youth Exchange Student to South Africa and, in August of 1995, was the winner of the Optimist International Communication Contest for the Hearing Impaired. In her spare time, Stephanie enjoys reading and traveling.
At the time of Stephanie's scholarship application, her GPA was 10.94 (on a 12.0 scale) and she was ranked in the top 13 percent of her graduating class.
Stephanie is an exemplary young woman whose personal achievements and future goals honor the spirit of our firm's founding partner Bill Evans.
For your information, the law firm received 95 applications from around the state, with most candidates being definite contenders for the award. The final decision was not an easy one, and the firm is most grateful to the members of the 1996 Award Committee: Lewis Bose, Cynthia Dewes, Joyce Hall, Robert Marra, and David Shaw.
In addition, we thank all of you for your support of this endeavor.
Partners in Policymaking is an innovative training program sponsored by COVOH Foundation, Inc., and funded by a grant from The Indiana Governor's Planning Council for People with Disabilities. The program gives people who have disabilities and parents of children with disabilities the opportunity to interact and learn from nationally and state known experts, while receiving state-of-the-art information about pertinent issues and services for people with disabilities. The training assists Partners in building the competencies necessary to become advocates who can effectively influence change in public policy and service provision.
The program educates participants about current issues and best practices and familiarizes them with policy making and legislative processes at the local, state and federal levels. The overall goal is to achieve a productive partnership between people needing and using services and those in a position to make policy and law.
Partners attend two-day training sessions, eight times a year, with each session beginning Friday at noon and concluding late Saturday afternoon. Each session is devoted to specific topics with national, state and local experts as presenters. Partners are expected to complete assignments between sessions and to commit to one major assignment in their home town.
In general, session topics may include:
* History - Independent Living Movement, Parent Movement, People First/Self-Advocates Movement
* Education - Understanding the Progress and Needs of Special Education, Including the Development of Inclusive Education
* Supported Living, Personal Futures Planning, Family Supports, and the Best Practices in Employment
* Assistive Technology
* Federal Policy and Legislative Issues
* State and Local Policy, Services and Legislative issues
* Community Organizing and Working with Advocacy Organizations
* How to Run Meetings
COVOH Foundation, Inc., seeks highly motivated men and women to participate in the Partners in Policymaking program. Partners represent ethnic and socioeconomic backgrounds, geographic regions of the state and a variety of types of disabilities.
When seeking participants, COVOH Foundation, Inc., is particularly eager to reach people who are not involved in existing advocacy organizations. Expenses for travel, respite care, food, lodging and attendant services are provided.
To obtain more information contact: Gail Rubisch-Hawkey, Director, COVOH Foundation, Inc., 445 North Pennsylvania Street, Indianapolis, IN 46204; Voice/TDD: 317/262-8632; 1/800/262-8630; FAX 317/262-0685.
Case Conference Committee Decisions in Indiana - [Editor's Note: The following is the text of a May 21, 1996 letter from Robert Marra, director of the Division of Special Education in the Indiana DOE, to an Indiana attorney as posted on the Division News & Notes bulletin board of the Indiana SECN 6/14/96.]
[Note: The letter which follows is a clarification between case conference committee decisions and recommended placements. If there is not an agreement between the parent/legal guardian and the individual who has the authority to commit resources, then Article 7 at 511 IAC 7-10-3(s) states: "No student shall be denied a free appropriate public education as a result of a public agency's inability to obtain parental consent for preplacement evaluation or placement". This has been interpreted, through previous complaint investigations, to require the LEA to file for Mediation and/or a due process hearing to assure that FAPE will be provided to an eligible student if an agreement between the LEA and the parent cannot be reached.]
Thank you for your inquiry regarding the meaning of a discussion in Complaint 1007-96 in which the following statement is made:
A decision of the case conference committee is reached when there is agreement between the parent (the "Parent") and the representative (the "Representative") of the public agency who is authorized to commit public agency resources.
The paragraph goes on to state that "Majority rule does not apply."
Your concern, as I understand it, is that a case conference can be held without parent involvement if the parent is notified and chooses not to participate. See 34 C.F.R. Section 300.345. In this case the public agency would develop the individualized education program ("IEP") and would make the placement decision alone, without the input from the parents. If the parents and the school do not agree on the development of an IEP, the school is still obligated to have an educational plan for the student and a recommended placement.
Although this is true, Indiana's regulations are such that consent from parents must be received before an initial placement or change of placement can take place. See 511 I.A.C. 7-12-1(p). Therefore, even if the parent has not attended the case conference committee meeting, an "agreed" upon placement is not reached until consent from the parent is received.
Specification in the IEP for Length, Frequency, and Duration - [The following is the text of a 5/20/96 memo from Sharon Knoth, consultant in the DOE Division of Special Education, to an e-mail inquiry from an interested individual as posted on the Division News & Notes board of the Indiana SECN 5/20/96.]
This is in response to your questions sent via electronic mail. As I understand, the questions are as follows:
1. When writing an IEP, is it permissible to state: "Consultation on an as needed basis"?
2. When writing an IEP, is it permissible to state: "Consultation and/or direct services on an as needed basis"? and
3. When writing an IEP, is it permissible to state: "Consultation and/or integrated therapies 30 minutes per month or more frequently if necessary"?
As I understand it, there are concerns, especially at the early childhood level, that it is difficult to predict how much time the occupational therapist ("OT") or other therapists may spend with a student during a given month. With the concept of integrated therapies, there are many indirect benefits to the student gained through consultation with the early childhood teacher.
To answer your questions, I refer you back to Article 7 and the need for services received by a student to be measurable. 511 IAC 7-3-20 defines Duration of Services. It states:
"Duration of services" means the projected month, day, and year of the beginning and ending of special education and related services in a program year. The day may be preceded by the phrase "on or about". (Emphasis added).
511 IAC 7-3-24 defines Frequency of Services. It states:
"Frequency of services" means how often special education and related services are provided; e.g. twice a week. (Emphasis added).
511 IAC 7-3-4 defines Length of Services. It states:
"Length of services" means the amount of time special education and related services are provided each time; e.g. one (1) hour a day. (Emphasis added).
As we go further through the state regulations to 511 IAC 7-12-1(k) we find the following:
³(k) The case conference committee shall, as appropriate, develop, review, or revise an individualized education program that shall be in effect prior to the actual placement and which must include the following:
(4) The specific special education placement and related services to be provided including the length, frequency, and type of services and the modifications to be made to the general education program, if applicable.
(6) The projected dates for initiation of services and anticipated duration of services.² (Emphasis added)
As you can see by reading these selected portions of Article 7, question #1 and question #2 are not permitted in Article 7. Question #3 is questionable. It would be the recommendation of the Division that you not utilize such a statement. The reason is simple: it is not measurable. The phrase and/or does not indicate "the specific special education and realted services to be provided" (emphasis added). If there were a complaint investigation on this issue, we would most likely find it to be in violation.
Early Childhood Timeline - [Editor's Note: The following is the CORRECTED text of an April 26, 1996 letter from Dana Long, legal counsel for the Indiana DOE to co-chairs of the First Steps Program in Indiana as posted on the Division News & Notes bulletin board of the Indiana SECN 6/12/96.]
[Please note....this message was originally posted on 4/22/96 as Division News and Notes message #38.96. IT WAS SUBSEQUENTLY ALTERED....AND NEW/CORRECT VERSION APPEARS BELOW. Please delete #38.96 from your system and replace it with this version. For convenience, the corrected paragraph is completely in upper case - it is the second-to-last paragraph. Everything else within the letter remained the same.
The Division apologizes for any inconvenience this may have caused you. Following is the full text with corrections.]
You have requested clarification regarding age 3 transition from Part H to Part B, including the issues concerning the 40 days allowed between referral and case conference, the requirement that Part B services start on the child's 3rd birthday, and what constitutes the referral date which starts the 40 days. As I understand, your questions involve a concern over a possible delay in providing services if the LEA does not begin the evaluation process until the child's third birthday.
Under statutory and regulatory provisions, children who meet the eligibility requirements for special education are eligible for a FAPE under their third birthday. The use of cut-off dates are inconsistent with a child's right to a preschool FAPE. OSEP views IFSPs and IEPs as overlapping or sequential documents, but OSEP does not include a delay based upon State-specific evaluation timelines. OSEP Policy Memorandum 90-16, 16 EHLR 859 (OSEP 1990). This position was reiterated by OSERS in Letter to Anonymous, 2 ECLPR 117 (OSERS 1993). For children eligible for special education and related services, an IEP [or IFSP, in accordance with 20 UCS 1414(a)(5)], must be developed and implemented by the third birthday. The transition IEP, or IFSP, would specify the child's program upon the third birthday, including extended school year (³ESY²) services, if needed. For a child who turns three during the summer any ESP services in the IEP would have to be provided. If ESY services are not required, the date of initiation of services could be the beginning of the school year. Ash, 18 IDELR 786 (OSEP 1992).
At least 90 days before the child's third birthday, a conference is to be convened, with the approval of the family, among the Part H agency, the family and the LEA. The purpose of this conference is to review the child's program options for the period from the child's third birthday through the remainder of the school year and to establish a transition plan. 20 USC 1478; 34 CFR 303.148; 470 IAC 3.1-11-2. Article 7 establishes even earlier dates for notifying the LEA of children who may be eligible for preschool services. Each State-supported or operated program serving infants and toddlers that believes it is serving an infant or toddler that by be eligible at three years of age for early childhood special education services shall transmit to the LEA the child's name, date of birth, and suspected disability eighteen months prior to the child's third birthday or as soon as possible if the child is enrolled after age eighteen months. 511 IAC 7-10-1(d). With parental consent, at least six months prior to the child's third birthday, the program shall transmit to the LEA the most recent IFSP, the most recent family service plan report, and the most recent evaluation reports. 511 IAC 7-10-1(e). Compliance with the above requirements should provide sufficient time for evaluation and the development of an IEP so that Part B services can be provided on the child's third birthday.
The federal third birthday requirement for early childhood special education takes precedence over the State's forty-day timeline. For children who will reach the age of three before the end of school or during the summer, the school should have methods in place to insure the transition meeting and educational evaluation occur while necessary school personnel are available. Letter to Anonymous, 2 ECLPR 117 (OSERS 1993).
YOUR LAST QUESTION CONCERNS WHAT CONSTITUTES THE REFERRAL DATE WHICH STARTS THE 40 DAYS. THE 40 INSTRUCTIONAL DAY TIMELINE GENERALLY BEGINS FROM THE DATE THE DESIGNATED INDIVIDUAL WITHIN THE PUBLIC AGENCY RECEIVES THE WRITTEN CONSENT OF THE PARENT. 511 IAC 7-10-3(d). HOWEVER, THE 40 INSTRUCTIONAL DAY TIMELINE CANNOT BE USED TO DENY OR DELAY SERVICES TO A STUDENT WHO IS THREE YEARS OF AGE AND IN TRANSITION FROM PART H TO PART B SERVICES.
Teacher Certification Program - Visually Impaired - The Indiana DOE Division of Special Education is working with Illinois State University to obtain a Federal Grant which would set up a VI Certification Training Program conducted via the Internet and Teleconferencing (in essence, the teacher would remain in Indiana and only be required to travel to Normal, Illinois one or two trips per year). We are trying to find numbers and locations of potential teachers - the teacher would have to already have a special education license - or be almost completed with one - in any area - and then take the 9 additional credit hours necessary for VI certification through Illinois State. It would also involve a one-summer internship working with VI students. It is hoped that the Federal Grant would reduce out-of-state tuition to what it would cost if the student were a resident of Illinois.
If you have questions or are a teacher interested in pursuing such a curriculum, please contact Sharon Knoth via cc:Mail at the DOE Division of Special Education (317/232-0570).
Child Service Coordinator Meeting - Following are the minutes from the June 7, 1996 meeting of the child service coordinators.
CSCs Present: Steve Scofield, Hancock Co.; Sandy Wooton, Johnson Co.; Bunny Nash, Clark Co.; Cathy McCormick, New Albany; Terry Tahara, South Bend; Karen Sonderman, WCJS; Victoria Boyd-Devine, Northeast Indiana; Barb Terry, North Central Indiana; Geneva Vinson, Elkhart Co.; David Jann, Warren; Bob Smith, Anderson; Ginger Arvin, IPS
CSCs Absent: Trace Benedict, Hancock Co.; Marsha Mulroony, Dubois-Spencer-Perry; Jill Yerkes, West Lake; Greg Hilligoss, Richmond; Cindy Skoog, Forest Hills; Jo Ann Engquist, Porter Co.
Guest Speakers: Valerie Carpenter, APS; Cynthia Feaster, Michelle Tennell, Juvenile Justice Task Force
IDOE Staff: Carol Eby, Karyn Romer
The first half of the meeting consisted of discussions with IDOE staff regarding the renewal application process. Carol suggested that more frequent progress reports may be required next year. Barb suggested to IDOE that having the financial data piece come at the end of the year might be more beneficial because actual costs associated with the services would be documented. IDOE has a general concern that locals are choosing programs for convenience and closeness at the risk of appropriateness. It may be based in the desire to keep kids close to home or within the state. IDOE also suggested that there needs to be an evaluation piece on facilities. The focus must be on services not programs. Carol stated that 60-70% of total costs of placement are for room and board. IDOE also reminded folks that it is very important to ensure that the local school is generating the plan so that it is totally focused on the student's needs.
Valerie Carpenter from APS - a division of the Mental Health Association of Indiana presented information on a new transition service APS wishes to initiate, which is to assist students transitioning back home from state facilities in the area of vocational services. APS has historically worked with patients within state hospitals in sheltered workshops and has only recently branched out to include supported employment. Valerie's number is 317/267-9083.
Karen provided information regarding private school placement cases. Those cases demonstrate that if schools can show students have received/offered FAPE, they are winning parental reimbursement cases.
Fall Regional Indiana Wraparound Conference - Cynthia Feaster walked CSCs through the agenda. Registration mailings will go out as of Aug. 30th and be due as of Sept. 23rd. The CSCs must compile mailing lists which will be due at the Aug. CSC meeting. The cost for exhibitors will be $50 which will include registration and lunch for one.
Meeting dates for next year are as follows:
August 12 (Karen Sonderman); October 7 (Ginger Arvin); Dec. 9 (Sandy Wooton); Feb. 10 (JoAnn Engquist); April 14 (Steve Scofield/Geneva Vinson); June 2 (Victoria Boyd-Devine/ Barb Terry). Please note the meetings will be generally every other month and usually on Mondays.
The group spent the afternoon discussing problematic cases and possible solutions. Ginger shared information about MENTOR which provides residential treatment for children. MENTOR has moved its services to Indiana.
The meeting adjourned at 2:30 pm. Central/Southern Indiana CSCs met after the meeting to further refine the Wraparound Conference agenda.
The next meeting will be August 12, 1996 at ISEAS from 9:30 to 3:30 pm.
House Passes IDEA Legislation - At about 4:00 p.m. EST on June 10, 1996, the full House approved H.R. 3268, the IDEA Improvement Act of 1996. The House considered the bill under suspension of the rules; a process that prohibits amendments, limits debate to 40 minutes, and requires a two-thirds majority vote for final passage. So, the bill has not changed from the Committee-passed version.
The full Senate may take up the bill this same week. Once a bill is passed, a conference committee - made up of both House and Senate members - will convene, and iron out the differences between the two bills.
SOURCE: GTE-INS CEC.NEWS newsgroup posting on Indiana SECN 6/12/96.
Continuation of Services During Disciplinary Exclusion - Following is printed the text of a letter from Thomas Hehir, Director of the Office of Special Education Programs (OSEP), U.S. Department of Education concerning OSEP's interpretation of the continuation of services during disciplinary exclusion from school.
"This is in response to your letter dated July 7, 1995, in which you express your objections to the interpretation of the Office of Special Education and Rehabilitative Services that Part B of the Individuals with Disabilities Education Act (Part B) requires the continued provision of educational services to disabled students during periods of disciplinary exclusion from school. The Department maintains its position that such services are legally required by Part B. The basis for that position is explained in this letter. Also, in response to your concerns about students who bring firearms to school, we are providing some information on options for disciplining students with disabilities under current law."
"As conditions of eligibility for assistance under Part B, each State must have in effect a policy that assures all children with disabilities the right to a free appropriate public education (FAPE), and must make FAPE available to all children with disabilities within its mandatory FAPE age range (20 U.S.C. Part 1412(1) - (2) (B). FAPE includes, among other elements, the provision of special education and related services, at not cost to parents, in conformity with an individualized education program (IEP). 20 U.S.C. Part 1401(a) (18) and 34 CFR Part 300.8. The Department interprets the FAPE requirements of Part B, at 20 U.S.C. Part 1412 (1)-(2), to require all States receiving funds under Part B to continue to provide educational services to students with disabilities during periods of long-term suspension or expulsion from school for misconduct that is not a manifestation of their disability. This interpretation is based on the legislative history of the Education of the Handicapped Act (the predecessor statute to the Individuals with Disabilities Education Act), the FAPE requirements of Part B, and relevant judicial interpretations of these requirements."
"In your letter, you assert that the requirement to provide continued educational services to students with disabilities eligible for services under part B is contrary to the Ninth Circuit's decision in Doe v. Maher, and therefore should be inapplicable to States such as Montana that are within the jurisdiction of the Ninth Circuit. The facts before the Court in Doe v. Maher indicate that the misconduct by the two students at issue was clearly a manifestation of the students' disabilities. The Department believes the discussion in the Ninth Circuit's decision in Doe v. Maher about the cessation of educational services when misbehavior is not a manifestation of a disability to be dicta, or expressions in the opinion that go beyond the facts before the court, and, as such, not to be controlling law. Further, Doe v. Maher was decided prior to the issuance of the Department's interpretation and the court did not consider that interpretation in reaching its decision. Therefore, all States receiving Part B funds, including States within the Ninth Circuit, must continue to provide educational services to disabled students who are properly expelled for misconduct that is not a manifestation of their disability..."
"You also express a particular concern about the application of the requirements of Part B to students with disabilities who bring firearms to school. I take very seriously the concerns that you raise about maintaining school safety and discipline. The goal of school safety and protecting the rights of students with disabilities should be compatible. To assist educators and to dispel the perception that students with disabilities may not be disciplined, the Department has recently issued written guidance on permissible options available to educators in disciplining students with disabilities. Questions and answers 11 through 16 describe the procedures applicable to disciplining disabled students who bring firearms to school in a manner consistent with the requirements of the Gun-Free Schools Act and the disability laws."
"One such option under current law is the ability to place a student with a disability who brings a firearm to school in an interim alternative educational placement for up to 45 days, regardless of whether bringing the firearm to school was a manifestation of the disability. Of course, suspension for up to ten days is also an option. In addition, the Department's legislative proposal to improve Part B contains recommendations that would increase the ability of schools to respond to dangerous behavior by students."
SOURCE: GTE-INS Federal newsgroup posting on Indiana SECN 5/21/96.
Neverstreaming: Beginning Signs That Prevention Can Work - The following article describes a California program from a January 1996 article by California's Resources in Special Education (RiSE). The Neverstreaming Program is related to progress in California toward a new funding model that will allow greater program flexibility in special education.
"We hypothesized that, when we remove the disincentive within the current funding model to do prevention, then people are able to work with kids in a preventive mode, thus preventing the need for the label 'learning disabled,'" explained SELPA Director Marty Cavanaugh, from Elk Grove Unified School District (in California). He said that Elk Grove had sought a waiver because the district's school population had changed rapidly from 80 percent white to 48 percent white, with 57 languages spoken. "We felt we had better address how kids learn and address the learning differences so that they could get the help they needed without simply being referred to special education."
Through the Neverstreaming program, "We are attempting to provide services to regular education students prior to the need for them to be identified as disabled," Cavanaugh said. "To qualify for special education, kids have to demonstrate a level of failure two to three years behind their grade-level peers. The goal of Neverstreaming is to identify those kids early on, provide them with an intensive, accelerated learning program, called Jetstreaming, that addresses their learning style and is based on diagnostic teaching."
In Neverstreaming, categorical resources such as Title I, bilingual education, migrant education, and special education, are blended in the prevention program which provides early intervention to students experiencing difficulty in the general education program. Cavanaugh noted that the program is a team effort across disciplines and categorical programs to help general education. "We didn't want something in which special education was the "savior" of every kid who had a learning problem," he explained.
Neverstreaming is community utilized through a learning center model called "Jetstreaming," an intense 8 to 10 week, accelerated academic program of direct instruction and skill building activities for students referred by the general education teacher. When students return to the general education environment, specialists provide in-class support to teachers and small group instruction. Intensive tutorial support is provided by the district, targeting specific instructional strategies, particularly for reading problems identified as first early warning signs.
A Regional Team, composed of school representatives in a feeder pattern and staffed by a Regional Team Program Technician (a 6-hour/day paraprofessional who gathers all information and records and makes all community contacts), surrounds the family of Neverstreaming students and their siblings with needed support services. "We've found if one kid in a family has an attendance problem, other siblings may have similar problems, yet the school as a system deals with each kid separately from the other," Cavanaugh said. "We've conjoined these efforts into feeder pattern regions and our psychologists serve to facilitate those regional team meetings so that each family's issues can be discussed equally."
Two and a half years later, Cavanaugh has seen students feeling good about themselves and performing at grade level in reading, who were academically failing before Neverstreaming. Cavanaugh said that Neverstreaming is breaking the cycle of school failure in which students have to wait until third or fourth grade before a "severe discrepancy" between their ability and achievement can be measured, thus qualifying them for special services.
Additionally, all students in the Neverstreaming elementary schools improved academically. Cavanaugh noted that the Neverstreaming schools outperformed other schools in the district in 14 of 18 areas tested in the California Achievement Test (CAT/5). Middle and high schools noted improvements also.
Cavanaugh also noted that general education teachers love the model because of the direct help they receive. "From regular education teachers' standpoint, their goal has never been to label a child as 'learning disabled'; their goal has always been to get help. But what they've learned is that the way the system works, they have to somehow prove this label exists for the student in order for them to get the help they need," he said.
Special educators were more leery of implementing Neverstreaming at first, worrying that they might be laid off or assigned to two schools if their case loads decreased. But with the fiscal waiver, Cavanaugh was able to tell specialists, "You won't be penalized for doing a good job." Resource specialists were able to increase their time spent on direct instruction and decrease time spent on assessments and paperwork."
For more information, contact: Pat Winget, Editor, THE SPECIAL edGE, Resources in Special Education, 6000 J Street, Sacramento, CA 95819-6300.
CITATION: Winget, P. (Ed.). Neverstreaming: Beginning signs that prevention can work. SPECIAL edGE, 9(2), 11.
SOURCE: GTE-INS inclusive.ed (Least Restrict.Envir.) newsgroup posting on Indiana SECN 2/22/96.
UCPA Passes Policy on Full Inclusion - At the end of April, the membership of the United Cerebral Palsy Associations, Inc. (UCPA) passed a policy on full inclusion. Following is the policy in its entirety.
In the past two decades participation by individuals with disabilities in the activities of our nation has greatly enriched society as a whole. Yet people with disabilities as a group still occupy an inferior status in our society; are severely disadvantaged socially, educationally, vocationally, and economically; and are segregated and relegated to lessor services, programs, activities, benefits and jobs. The continuing existence of discrimination, attitudinal barriers and prejudice has been shown to be directly related to the segregation and exclusion of individuals with disabilities from participation in activities in which individuals without disabilities typically engage.
Full inclusion of individuals with disabilities into all aspects of life and areas of society can only occur when supports, accommodations and modifications necessary for such individuals are provided.
In enacting the Americans with Disabilities Act (ADA) in 1990, the President and Congress recognized that it is the proper goal of the Nation to ensure inclusion of individuals with disabilities into all aspects of life and areas of civic responsibility. Through enactment of other legislation, Congress has provided consistent and strong mandates for the inclusion of individuals with disabilities.
The Individuals with Disabilities Education Act mandates that all children with disabilities be provided a free, appropriate, public education designed to meet their unique needs. Recognizing the importance of inclusion in regular education environments, Congress established a clear preference for inclusion in such environments, with individually determined supports as needed, so that children with and without disabilities may experience the benefits of and be enriched by educational opportunities with each other; and so that through such association the continuation of discriminatory and stereotypic attitudes may be prevented.
The Part H program for infants and toddlers with disabilities and their families mandates that early intervention services be provided in natural environments, including home and community settings in which children without disabilities participate and other settings that are natural or normal for age peers who have no apparent disability, in order to ensure that infants and toddlers with disabilities have access to services and supports in environments where their age peers without disabilities participate.
The Rehabilitation Act Amendments of 1992 mandate a shift in the current rehabilitation system from one that excludes individuals based on a presumption of inability, to one that recognizes competence and ability, presumes that all persons with disabilities can work in integrated, competitive jobs with necessary supports and accommodations, and recognizes the contribution of individuals with disabilities to the social and economic progress of our nation.
Despite Congressional and legislative action and advocacy supporting inclusion of individuals with disabilities, a number of factors continue to inhibit the full inclusion of individuals with disabilities.
Full inclusion of individuals with disabilities of all ages is inhibited by the lack of universal access to assistive technology services and devices, which can liberate individuals with disabilities from barriers encountered in everyday life; and enable them to move from spectator to participant in the home, the school, the workforce, and the community.
Full inclusion of individuals with disabilities of all ages is inhibited by the lack of access to augmentative communication technology and other emerging telecommunications services and products which can significantly enhance the ability of all individuals to experience increased choice, communication, and control in their lives; to participate fully in their civic responsibilities; and to otherwise exercise their right to free expression.
Full inclusion of individuals with disabilities of all ages is continuously inhibited as a result of architectural and transportation barriers.
Full inclusion of individuals with disabilities is inhibited by the lack of accessible housing and Community Supported Living Arrangements to insure that individuals with disabilities are able to live in and participate fully within the community.
Full inclusion of individuals with disabilities of all ages is inhibited by the lack of personal assistance services as well as family support services.
Full inclusion of individuals with disabilities into all aspects of life and areas of society cuts across many of UCPA's priorities including but not limited to early intervention, education, family support, assistive technology, communications accessibility, employment, community living and access to health care.
United Cerebral Palsy Associations, Inc. and its affiliate organizations support the goal of full inclusion of individuals with disabilities into every aspect of life and area of society, including the home the school, the workforce and the community, regardless of severity of disability, as enumerated in the Americans with Disabilities Act.
United Cerebral Palsy Associations, Inc. and its affiliate organizations pledge to invest our collective time and resources for a more inclusive society that recognizes and embraces the talents of all Americans.
United Cerebral Palsy Associations, Inc. and its affiliate organizations call upon the President, Members of Congress, and the Judicial Branch to ensure that individuals with disabilities are provided the opportunity to participate fully within society.
SOURCE: GTE-INS Federal newsgroup posting on Indiana SECN 5/24/96.
[Editor's Note: The following captions reference the Individuals with Disabilities Education Law Report (IDELR), The Special Educator (TSE), The Early Childhood Reporter (ECR), which are published by LRP Publications.]
For reference, the reader is reminded that a set of IDELR and ECR volumes is maintained in both the Division and ISEAS offices. Issues of The Special Educator newsletter are provided by subscription through ISEAS for each special education planning district in Indiana.
OSERS/OSEP. . .
Part B Has No Specific Time Line For Responding to IEE Requests. Letter to Anonymous, 23 IDELR 719 (OSEP 1995).
OSEP Clarifies Evaluation Procedures For Learning Disabilities. Letter to Lillie/Felton, 23 IDELR 714 (OSEP 1995).
In Some Cases, Transition Services Can Stand Alone as Special Ed. Letter to Hamilton, 23 IDELR 721 (OSEP 1995).
Judge Says IDEA Does Not Require Services During Expulsion.
In Doe v. Board of Education of Oak Park and River Forest High School District 200, U.S. District Judge Charles P. Kocoras of Illinois said that proponents of the view that the IDEA requires continued services to students with disabilities who are expelled for misconduct unrelated to their disabilities are misinterpreting the law and are imposing a "patently unfair" double standard on student behavior.
Feds Eye Accessibility Rules for Playgrounds.
Are your playground facilities accessible under the ADA and the Architectural Barriers Act? If you don't know, the federal government will soon tell you.
The Architectural and Transportation Barriers Compliance Board, also known as the Access Board, is developing accessibility guidelines for newly constructed and altered play facilities covered by the ADA and the Architectural Barriers Act.
New Judicial Decisions. . .
District Could Proceed With 10-Day Suspension of Section 504 Student. Yough Sch. Dist. v. M.S.,
23 IDELR 807 (Pa. Comm. Ct. 1995).
A district's 10-day suspension did not violate the rights of a student who was temporarily disabled under Section 504 due to an accident.
New Judicial Decisions. . .
Aide Who Was Injured by Special Education Student Can Proceed With Lawsuit Against School. Ross v. Maumee City Sch., 23 IDELR 779 (Ohio Ct. App. 1995).
OSERS/OSEP. . .
OSEP Explains Relationship Between IDEA and Unfunded Mandates Reform Act of 1995. Letter to Cook, 23 IDELR 830 (OSEP 1995).
OSEP Explains Proposed Changes in IDEA Part B Funding Formula. Letter to McKinney, 23 IDELR 831 (OSEP 1995).
OSEP Explains Availability of Transportation as a Related Service. Letter to Anonymous, 23 IDELR 832 (OSEP 1995).
Residency Is Factor Which Creates Obligation to Serve. Letter to Moody, 23 IDELR 833 (OSEP 1995).
Part B Does Not Mandate Type of Staffing Assigned to Classes. Letter to Berger/Lonsdale, 23 IDELR 834 (OSEP 1995).
New Judicial Decisions. . .
District Must Serve Special Needs Student Who Resided With Grandparent. Craven County Bd. of Educ. v. Willoughby, 23 IDELR 869 (N.C. Ct. App. 1996).
OSERS/OSEP. . .
Policy of Continued Services During Long-Term Suspensions/Expulsions Is Supported by All Branches of Government. Letter to Hartman, 23 IDELR 894 (OSEP 1995).
Only Two Exceptions to 'Maintenance of Effort' Funding Requirements Exist. Letter to Wolfrum, 23 IDELR 888 (OSEP 1995).
States Must Establish Their Own Evaluation Timelines Which Satisfy the FAPE Standard. Letter to Pinkney, 23 IDELR 893 (OSEP 1995).
State Law Determines Whether Part B Funds Can Be Used Beyond Age 22. Letter to Mathey, 23 IDELR 892 (OSEP 1995).
OSERS/OSEP. . .
Right to IEE Includes Evaluation For Assistive Technology. Letter to Fisher, 2 ECLPR 169 (OSEP 1995).
Joint Association Conference - August 17, 1996, is the date for a joint conference sponsored by the Indiana Physical Therapy Association, the Indiana Occupational Therapy Association and the Indiana Speech-Language-Hearing Association. These three disciplines have been traditionally joined in medical settings and increasingly have related issues in the educational setting. The conference at the Radisson at Keystone in Indianapolis is a first for Indiana and is designed as an opportunity for those in the three professions to explore common issues - like assistive technology and the use of paraprofessionals.
The featured speaker for the morning will be Chuck Dietzen MD, PMR. He is a specialist in physical medicine and rehabilitation at Lifelines Children's Hospital and also on the faculty at Indiana University Medical Center. He is a proponent of interdisciplinary teams and an excellent speaker for this conference.
"Break out" sessions on Aides/Paraprofessionals, Assistive technology, and Managed Care will be offered both morning and afternoon. In addition, topics pertinent to the disciplines will be facilitated at each table during the luncheon time.
The deadline for registration is August 3, 1996, and the registration fee is $50. For more information or to register, please call ISHA Central Office at 317/573-6062.
Drug Firm Tries to Settle Controversy The CIBA Pharmaceuticals Corp, has developed print materials that focus on the "three R's" of Ritalin use, urging parents and educators to:
Read about ADHD and Ritalin; Respect the medication by becoming familiar with the drug and aware of possible misuse; and Take responsibility for proper use.
The materials have been sent to more than 100,000 pharmacies and hospitals and about 110,000 doctors for distribution to parents and school nurses.
For a free copy of "The 3 R's of Ritalin," contact: Ciba-Geigy Corp., 556 Morris Ave., Summit, NJ 07901; 800/742-2422.
Want to Send Your Signature to Saturn? - If you mail it to NASA's Jet Propulsion Laboratory in California, the space agency will send it another 1.5 billion miles. NASA will take up to 1 million signatures aboard its $2 billion Cassini planetary probe to be launched from Cape Canaveral in 1997. You have until Jan. 1 to put your signature on a plain postcard and send it to: Suzanne Barber, MS 264-441, Jet Propulsion Laboratory, 4800 Oak Drive, Pasadena, Cal. 91109.
SAT Testing for Students with Disabilities - High school students with disabilities may be eligible for accommodations when they take the SAT tests for college admission. To qualify for accommodations, students must:
* Have a disability that necessitates accommodations;
* Have documentation on file at school (an IEP or Section 504 plan or evaluation); and
* Be receiving accommodations for classroom testing and/or standardized tests that are given at their schools.
Even if a student is not eligible for accommodation at school, he or she may still be eligible for accommodations for taking the SAT. To request an exception, such students must submit an evaluation by a qualified professional.
The accommodations for SAT testing may include:
* Extended testing time;
* Magnifying device, large type, or Braille tests;
* A reader to dictate the questions;
* A recorder to mark answers on the answer sheet;
* A sign language interpreter or oral interpreter;
* Typewriter;
* Large block answer sheets.
Contact: SAT Services for Students with Disabilities, The College Board, P.O. Box 6226, Princeton, NJ 08541-6226.
SOURCE: GTE-INS Inclusive.Ed newsgroup posting on Indiana SECN 3/22/96.
Assistive Technology Issue - The 1996 Summer issue of CounterPoint (published by the National Association of State Directors of Special Education ["NASDSE"]) has a focal point of Assistive Technology. There are several excellent articles in there "worth reading" if you'd like to learn more about Assistive Technology.
If you by chance do not receive CounterPoint, Paul Roahrig (Johnson County Special Services) distributes it free of charge to all special education planning districts in the State. Or, you may contact NASDSE and request a copy - it is Volume 16, Number 4 and the address is: 747 Dresher Road, Suite 500, Department 430, P. O. Box 980, Horshman, Pennsylvania 19044-0980.
The May/June 1996 issue of Learning magazine has an article titled: Labels Can Last a Lifetime: Getting to the Root of a Child's Behavior Problems is the Best Medicine, by Thomas Armstrong.
The article is quite interesting and provides a chart titled: Are You Sure It's ADD? New Research Shows That the Symptoms of Different Conditions Overlap. This chart lists symptoms of ADD/ADHD, Sensory Integration Dysfunction, Learning-Related Visual Problems, Nutrition Allergies, and Normal Child Development under age 7. The chart was developed by Dr. Patricia S. Lemer, Executive Director of The Developmental Delay Registry, a nonprofit organization that works with children who have disabilities of all types. You can contact Dr. Lemer at 6701 Fairfax Road, Chevy Chase, MD 20815; 301/652-2263.
Recording for the Blind and Dyslexic (RFG&D) - RFB&D is the new name of the organization that has for generations recorded academic and professional books for people with print disabilities and has made the recordings available by lending them to registered members. In inaugurating its new name, RFB&D has published two companion booklets - one for students and the other for educators and parents.
LEARNING THROUGH LISTENING-AN INFORMATIONAL GUIDE FOR STUDENTS WITH LEARNING DISABILITIES explains what RFB&D is, and how to use its services. It describes specifics on how to borrow and return books on tape, how to store and organize the tapes, and how to get the most out of listening to the tapes. (20 pages)
LEARNING THROUGH LISTENING-AN INFORMATIONAL GUIDE FOR EDUCATORS AND PARENTS OF STUDENTS WITH LEARNING DISABILITIES covers in greater detail and complexity the material in the student guide. In addition, about half of the educator/parent guide is devoted to instructional strategies for using taped books with students who have learning disabilities. Several systems of notetaking while listening to the tapes are illustrated, and the idea of taping class lectures is explained.
In addition, RFB&D sponsors the MARION HUBER LEARNING THROUGH LISTENING AWARDS. Six awardees are selected each year from among students with learning disabilities who use RFB&D taped books, are graduating from public or private high schools, are planning to continue their education at the postsecondary level, and have an overall average of B or above in grades 10-12.
CONTACT: RFB&D at 1-800-221-4792 or by fax at: 609/987-8116.
The GTE.Net NewsGroups - [Editor's Note: Readers of the Cable may not be aware that the ISEAS project has a site license agreement with GTE to access all of its newsgroup listings and post them to the Indiana Special Education Communication Network (SECN). This e-mail system is available in the office of each planning district director of special education in Indiana. Due to time and space only selected newsgroups are posted from our Terre Haute office. Those newsgroups not posted, however, can be accessed and downloaded to any mailbox on the SECN Network. Send your request via e-mail to Cinda Long on the SECN or by phone at the Terre Haute Office 812/237-2828.]
We are pleased to present this listing of the NewsGroups of GTE.Net. Very soon, you will be receiving information on our new Internet-based system, complete with capacities for graphics, color, pictures, and everything you could wish for, at a very reasonable cost.
As these changes occur, we will also be expanding our current NewsGroups and building new ones in 1996. As we do this, we are using some new terms, as follows:
* NewsGroup: This is the Internet term for "bulletin board."
* Flagship NewsGroups: These NewsGroups are comprehensive in that they cross many areas and levels of education - special education, general education, related disciplines - or cross many demographic entities, or cross boundaries between education, health, and human services, or other boundaries.
* Specialized NewsGroups: These NewsGroups focus on one particular topic. Examples include: the LD News Group on learning disabilities; the School.Psych News Group from the National Association of School Psychologists, and so on.
* Members of NewsGroups: These are the editors and information providers who are responsible for each NewsGroup.
* NewsGroup Members at Large: These are major information providers who are not responsible for a particular service, but, rather, wish to transmit their information on several NewsGroups, depending on the immediate topic.
We very much appreciate the assistance and expert performance of the Members of our NewsGroups who continue to provide value-added, dependable information. We also appreciate and welcome the comments of all of you who use GTE.Net.
The GTE.Net Flagship NewsGroups
* CONFERENCE
* DATELINE.AMERICA2000
* EARLYCHILDHOOD
* ED.PERSONNEL
* EDUC.TECH
* FEDERAL
* FEDERAL.PROJECTS
* INCLUSIVE.ED
* PARENTS
* PRACTICES
* RFP
The GTE.Net Specialized Newsgroups
* ADA.INDEPENDENT
* AIDS
* ASHA.UPDATE
* CEC.NEWS
* CNNROOM
* HELP
* INTERNATIONAL
* LD
* MULTICULTURAL
* NEWSLETTER
* PIP (Programs Involving Parents)
* PROGRAM.EVAL
* SCHOOL.PSYCH
* SEVERE
* SUBSTANCE.ABUSE
* URBAN.ED
* VISION
* VOCED.TRANSITION
These Newsgroups will Return
* ARCH.RESPITE
* ASSISTIVE.TECH
* AUTISM.PDD
* VT.OUTREACH
These Former Bulletin Boards Have Been Superseded
The only reason the following are not available is that we have replaced them with a new, expanded service.
* CHAIN
* CSPD
* DEAF.BLIND
* EXCHANGE
* LRE
* PHYSICAL.EDUCATION.
* RESEARCH.DISAB
* SUPPLY/DEMAND
These Former Bulletin Boards Have Been Discontinued
* DEAF.ED
* EDUC.WEEK.TEACHER
* GIFTED
* HILL.NOTES
* INJURY.VIOLENCE
* LITIGATION
* RESEARCH.IMPR
SOURCE: GTE-INS Newsletter newsgroup posting on Indiana SECN 2/21/96.