Oregon Department of Education

1. Oregon Department of Education • Governor’s Task Force on TBI • Presentation: October 2, 2013 • Sarah Drinkwater, PhD. • Assistant Superintendent • Office of Learning/Student Services 1

2. ODE Vision, Mission and Goals • Vision • By 2025, 40% of young adults have earned a bachelor’s degree or higher; 40% of young adults have earned an associate’s degree or postsecondary credential; and 20% of adult Oregonians have earned at least a high school diploma • Mission • Fostering excellence for every learner through innovation, collaboration, leadership, and service to our educational partners 2 2

3. ODE Vision, Mission and Goals • At the Oregon Department of Education, we are guided by the following values: • Equity for Every Student • Service • High Quality Education • Leadership • Teamwork • Results Focused • People Are Our Greatest Asset 3 3

4. ODE Goals • Learners: Every student graduations from high school and is ready for college, career, and civic life. • Educators: Every P-12 organization is led by an effective administrator, and every student is taught by an effective teacher • Schools & Districts: Increase performance for all schools and districts in order to create systems of excellence across the state. • Communities: ODE meaningfully engages parents, stakeholders, and the larger community to help make Oregon’s schools the best in the country. • ODE: Make ODE the best place to work 4 4

5. 5 5

6. Structural Changes • Three Primary Changes • 1) Organize our work to put students front and center by integrating curriculum, instruction, assessment, accountability, equity, and student support services into the office of learning. • 2) Create a new office dedicated to research and data analysis • 3) Establish information technology as its own office 6 6

7. Functional Changes • Strong Cross-Office Teams • Ensure that the right staff are collaborating to move common initiatives forward • Establish processes to enable effective, efficient collaboration • Staff Development • Provide stronger orientation and support for new hires • Provide mentoring and professional development opportunities for staff • Streamlined Procedures • Ensure clear, consistent policies and procedures 7 7

8. Functional Changes (continued) • Improved Communications • Need for more effective, seamless communication across the agency • Need for greater resources and support for strategically communicating with the field • Prioritize research, data analysis, and best practices • Improve ODE’s capacity to conduct research and data analysis to develop best practices 8 8

9. Definition of Traumatic Brain Injury • OAR 581-015-2000(4)(j) • Means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. 9 9

10. Supports for Students with TBI • Special Education Services (including regional programs) • Section 504 support plans & accommodations • Training and resources for coaches and administrators around safety in school sports • Contract with Center for Brain Injury Research and Training (CBIRT) for statewide training and support for schools and families 10 10

11. TBI Special Education Eligibility Criteria: OAR 581-015-2175 • If a child is suspected of having a traumatic brain injury, the following evaluation must be conducted: • Medical or health assessment statement. A medical statement or health assessment statement indicating that an event may have resulted in a traumatic brain injury as defined in subsection (2)(A) • Psychological Assessment. A comprehensive psychological assessment using a battery of instruments intended to identify deficits associated with a traumatic brain injury administered by a licensed school psychologist, a psychologist licensed by a State Board of Psychological Examiners, or other individuals who have the training and experience to administer and interpret the tests within the battery; • Other 11 11

12. OAR 581-015-2175 (continued) • Other assessments including, but not limited to, motor assessments if the child exhibits motor impairments; communication assessments if the child exhibits communication disorders; and psychosocial assessments if the child exhibits changed behavior. These assessments must be completed by educators knowledgeable in the specific area being assessed. • (B) Other information relating to the child’s suspected disability, including pre-injury performance and a current measure of adaptive ability 12 12

13. OAR 581-015-2175 (continued) • (C) An observation in the classroom and in at least one other setting; • (D) Any additional assessments necessary to determine the impact of the suspected disability: • (i) On the child’s educational performance for a school-age child; or • (ii) On the child’s developmental progress for a preschool child; and • (E) Any additional evaluations or assessments necessary to identify the child’s educational needs. 13 13

14. OAR 581-015-2175 (continued) • (2) To be eligible as a child with a traumatic brain injury, the child must meet all of the following minimum criteria: • (a) The child has an acquired injury to the brain caused by an external physical force; • (b) The child’s condition is permanent or expected to last for more than 60 calendar days; • (c) The child’s injury results in an impairment in one or more of the following areas: • (A) Communication; • (B) Behavior; • (C) Cognition, memory, attention, abstract thinking, judgment, problem-solving, reasoning, and/or information processing; • (D) Sensory, perceptual, motor and/or physical abilities 14

15. OAR 581-015-2175 (continued) • For a child to be eligible for special education services as a child with a traumatic brain injury, the eligibility team must also determine that: • The child’s disability has an adverse impact on the child’s educational performance; and • The child needs special education services as a result of the disability • (4) Students with brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma, are not eligible under the category of traumatic brain injury but may be eligible under a different category under this rule 15

16. Special Education Supports • TBI Liaisons: • One per region (8 Regions across the state) • Offer support to TBI Team Members across the state to support districts and families • Work with districts to build capacity by training staff regarding TBI • Work with TBI Teams to meet the needs of students • TBI Team Members • Coordinated team of members around the state • Give guidance during re-entry to school following TBI • Assist with support ideas • Offer assistance with SPED process • Offer help with programming • Assist with ongoing needs of students as needed 16

17. Family School Hospital TRI 504 Plan General Ed Outside Agency IEP 3-yr Re-Eval Regional TBI Liaison TBI Coach School Contact School Team (Including parent) TRI O State-wide leadership O Ongoing capacity building O Support evidence-based practices and materials O Educational opportunities open to educators in Oregon O Library services O Referral for parents seeking help O Central point of contact for regional medical centers O Centralized data collection O Build awareness of needs & services for students with TBI TBI Coach provides ongoing support as requested and does not carry a caseload Model of Service Delivery 17

18. Support evidence-based capacity building at state, regional and district levels Providing leadership for TBI with Districts, Staff, SPED Directors, & 504 coordinators Collect data for continuous program improvement Coaching teams/staff in schools for students who have TBI Receive information & Referring students to TBI Coaches Building capacity for school teams serving students with TBI Provide state-wide leadership for TBI Liaisons & Coaches, Team Providing library services for evidence-based interventions Providing educational opportunities open to educators in Oregon Offering evidence-based materials to assist in building capacity Offering materials and referral for parents seeking help Serve as a central point of contact for regional medical centers Serving as a centralized data collection point Building awareness of needs & services for students with TBI Assisting districts to identify need and build regional capacity Ongoing capacity building for TBI liaisons, coaches & districts State-wide Leadership Grant (Teaching Research-Eugene) Regional Programs for Low Incidence Disabilities TBI Coaches 1.0 FTE/region minimum Oregon Department of Education 1 Liaison per region at .5 FTE 18

19. Section 504 of the Rehabilitation Act of 1973 • A person is considered to be protected from discrimination under Section 504 if the student: • Has a physical or mental impairment, which substantially limits one or more major life activities. • Has a record of such impairment. • Is regarded as having such an impairment. • While all three of the above groups of students are protected by nondiscrimination provisions of Section 504, only the first group of students are protected by the “child find” and “free and appropriate public education” (FAPE) provisions of Section 504. 19

20. Section 504 Definitions • Major Life Activities: • Motor Activities such as walking, lifting, bending, standing, performing manual tasks; • Sensory functions such as seeing and hearing • Communication functions such as speaking • Bodily functions such as sleeping, breathing/respiratory functioning, digestive functioning, bowel/bladder functioning, neurological functioning, endocrine functioning, etc; and • Other functions such as learning, working, caring for oneself, thinking, concentrating and reading 20

21. Section 504 Definitions • Substantially Limits: • Section 504 does not provide a formula or scale for measuring substantial limitation. However, the ADA has long defined “substantially limits” as meaning that a person is unable to or is significantly restricted as to the condition, manner, or duration under which he or she can perform the major life activity as compared to an average person • (Average person means average for the student’s age or grade level across a large population) 21

22. Section 504 Plans • A Section 504 plan describes the accommodations and related aids and services that a district determines that a student needs to receive a FAPE. The content of the 504 Plan is fluid and may change within a school year or between school years as the student’s needs change. A district must implement the plan as written. • The student’s needs and 504 Plan must be reviewed periodically. Most districts have adopted procedures for at least an annual review to ensure that reviews are conducted in a timely manner. 22

23. Section 504 vs IDEA • Section 504 is a nondiscrimination statute that addresses discriminatory actions such as different treatment, denials of access, disability-based harassment, and requires that disabled persons be provided equal opportunities as nondisabled persons. To ensure an equal opportunity for qualified disabled public school children, the Section 504 regulations require that FAPE be provided. Section 504 defines FAPE as regular or special education and related aids and services that have been designed to meet the student’s individual needs, and are based upon Section 504 procedural requirements. 23

24. Section 504 vs IDEA • However, Section 504 has less detailed procedural requirements regarding FAPE than the IDEA. Unlike IDEA, Section 504 does not have a categorical listing of disabilities. While Section 504 requires the condition to "substantially limit a major life activity" such as walking (which limits educational access), it need not necessarily adversely affect the student's educational performance. Also, a student may be considered disabled under Section 504 even though the student does not need special education services. 24

25. 25

26. Max’s Law (OAR 581-022-0421) • All coaches must receive annual training to learn how to recognize the symptoms of concussion and how to see proper medical treatment for a person suspected of having a concussion • A coach may not allow a member of a school athletic team to participate in any athletic event or training on the same day that the member: Exhibits signs, symptoms, or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or has been diagnosed with concussion 26 26

27. Max’s Law (OAR 581-022-0421) • A coach may allow a member of a school athletic team who is prohibited from participating in an athletic event or training no sooner than the day after the member experienced a blow to the head or body and only after the member receives a medical release from a health care professional and no longer exhibits signs, symptoms, or behaviors consistent with concussion. 27 27

28. Supports for Schools • Concussion Management Implementation Guide for School Administrators: • Provides school administrators with information and resources about concussion. Successful concussion management policies follow the Recognize, Remove, Refer, Return Protocol. • www.ode.state.or.us/teachlearn/subjects/pe/ocampguide.pdf 28 28

29. Supports for Schools • Concussion Guidance Document for Districts: • This document provides guidance for districts on the implementation of the legislative mandates around Safety of School Sports- Concussions • www.ode.state.or.us/teachlearn/subjects/pe/concussionguidance.pdf 29 29

30. Center on Brain Injury Research and Training (CBIRT) • CBIRT is a center under the office of Research, Innovation and Graduate Education (RIGE) at the University of Oregon. CBIRT conducts research and training to improve the lives of children and adults with TBI. • CBIRT’s research focuses on developing interventions to improve outcomes related to education, employability, and quality of life. 30 30

31. CBIRT Highlights • Monthly newsletter for service providers, parents, and students “TBI Tips” • Networks with Educational TBI Liaisons by region for training and quicker access to support (see next slide) • Online interactive training and tools for Educators, families, and other service providers • Internal statewide data collection of TBI services provided to Oregon students 31 31

32. TBI Team Regional Contacts • Placeholder Regional Contacts Directory available on the ODE website as a resource for schools and districts 32 32

33. Where are the gaps? • Child find • Stronger coordination and communication with local hospitals and service providers • Identification of TBI vs other learning barriers • Is TBI being misidentified as other disabilities? (SLD, CD, ED, etc) • How can we provide training around identification? • Role of regional programs needs to be more clearly defined • Regional programs have identified core services for TBI, but the deliverables are not addressed in the contracts. • Professional development around instructional strategies for teachers and counselors 33 33