Students with Disabilities Enrolled in Charter Schools

1. Students with Disabilities Enrolled in Charter Schools New York State Education Department P-12 Office of Special Education Webinar Presentation April 24, 2012

2. Presenters Patricia J. Geary Coordinator, Special Education Policy and Professional Development Barbara Miller Associate, Special Education Policy

3. Topics to be covered • Statutory requirements • Overview of roles and responsibilities of the school district and the charter schools • Resources for additional information and technical assistance

5. Key Points • Both the public school and the charter school have responsibilities to ensure a free appropriate public education to the student. • Success for students with disabilities enrolled in charter schools relies in great part on the relationships and systems of communication established between the public school district’s committee on special education (CSE) and the charter school. • Individualized Education Program (IEP) development should consider supports and services to meet the needs of the student in the context of the parent’s decision to enroll the student in the Charter School. • Nature and scope of special education in charter schools should be designed to accommodate the needs of students with a range of disabilities.

6. Legal Requirements Individuals with Disabilities Education Act (IDEA) places responsibility for special education with the local education agency (LEA) or the charter school if it is its own LEA. Article 89 of the Education Law Part 200 of the Regulations of the Commissioner of Education Section 3214 of the Education Law Part 201 of the Regulations of the Commissioner of Education NYS Education Law §§ 2851(2)(s) and 2853(4) – Charter School

7. Procedural Requirements Parental participation Parental consent Written notices and progress reports to ensure parents are informed Due process Free Appropriate Public Education IEP reasonably calculated to provide benefit to the student Special education programs and services Access, participation and progress in the general education curriculum Least Restrictive Environment Individuals with Disabilities Education Act (IDEA)

8. NYS Charter School Law • Charter school must have methods and strategies for serving students with disabilities • in compliance with all federal laws and regulations … • in accordance with the individualized education program (IEP) recommended by the committee or subcommittee on special education of the student's school district of residence. • The charter school may arrange to have such services provided by such school district of residence or by the charter school directly or by contract with another provider.

9. Special Education Requirements • Child find • Eligibility for Special Education • Committee on Special Education (CSE) • Individualized Education Program (IEP) • Provision of special education • Confidentiality • Discipline of students with disabilities • Confidentiality • Charter School policies and procedures

10. Child Find Child find means the LEA must have practical methods in place to identify, locate and evaluate all children who have a disability and are in need of special education, even if they are advancing from grade to grade. Procedures to locate, identify, and evaluate all elementary and secondary school students with disabilities. The child find activities must be similar to activities undertaken for students with disabilities in the other public schools of the district and must be completed in a time period comparable to that for other students attending other public schools in the school district.

12. Evaluations and Determination of Eligibility Student’s district of residence is responsible for the initial evaluations. Committee on Special Education (CSE) makes eligibility determination and determines student’s disability classification. Parent consent is required prior to conducting the evaluation.

13. Disability Classification • Autism • Deafness • Deaf-blindness • Emotional disturbance • Hearing impairment • Intellectual disability • Multiple disabilities • Orthopedic impairment • Other health impairment • Specific learning disability • Speech or language impairment • Traumatic brain injury • Visual impairment including blindness

14. Charter School Implications: Child Find • What processes and systems of communication will you establish to ensure that students with disabilities suspected of having a disability are referred to the CSE? • What school wide approaches and prereferral activities will be in place prior to referral for special education? • Response to Intervention (RtI) • Positive Behavioral Intervention and Supports (PBIS) • Building-level teams to discuss supports needed for struggling students • Requests for special education referrals (forms) • Professional development for teachers • Parental contact or involvement prior to the referral

15. Committee on Special Education (CSE) Evaluations Determination of Eligibility Individualized Education Program (IEP) Annual Review

16. Committee on Special Education (CSE) Student Student’s parent District representative School Psychologist At least one regular education teacher of the student The student’s special education teacher or provider Individual to interpret instructional implications of evaluations Others with knowledge and special expertise Additional Parent Member School physician upon request

17. Implications for Charter Schools: CSE Ensure charter school staff participate in CSE meetings Student’s regular education teacher Child’s special education teacher if charter school providing services or by contract Ensure staff know roles / responsibilities as members of the CSE Procedures to report student progress towards IEP goals to the CSE Procedures to request CSE meetings

18. Individualized Education Program (IEP) IEP developed to meet: • meet unique disability needs of the student and • support the student to participate and progress in the general curriculum.

19. Individualized Education Program (IEP) • Present levels of performance • Annual goals • Reporting to parents • Special education services/related services • Programs/related services • Supplementary aids and services/program modifications/supports for school personnel • Testing Accommodations • Participation in alternate assessments • Extent of participation in regular education classrooms and extra curricular activities • Transportation • Placement • Transition Planning for students ages 15 and older • Post-secondary goals • Coordinated set of transition activities

20. Example:

21. Example: Measurable Annual Goals

22. Example: Recommended Special Education Programs and Services

23. Example: Testing Accommodations

24. Example: Participation with Students without Disabilities

25. What is special education? • Specially Designed Instruction • Adaptations to the content, methodology, delivery of instruction • Special Education Programs and Services

26. Special Education Services or Programs Consultant teacher (CT) Direct and/or indirect Related services Resource room program Integrated Co-teaching services Special class Adapted physical education Special transportation * NYC only – waiver to provide Special Education Teacher Services (SETS) - combination of resource room and CT

27. When district of residence is the provider of special education programs or services • The school district shall provide services in the same manner as it serves students with disabilities in other public schools in the school district, including the provision of supplementary and related services on site to the same extent to which it has a policy or practice of providing such services on the site of such other public schools.

28. When Charter School is the provider • Must provide services as specifically recommended in the student’s IEP. • Cannot modify those services. • Can provide input to CSE as it reaches consensus as to how student’s needs can be met in the Charter School.

29. Charter School Implications: IEP Implementation Records Copies of IEPs and informing staff of IEP implementation responsibilities Purchase instructional materials Ensure services are provided, including accommodations Assess and report student progress Space

30. Annual Review of IEPReevaluation The CSE must review and, if appropriate, revise the IEP at least annually. assess the student’s progress in meeting the annual goals. Student must be reevaluated at least once every three years Unless the parent and district agree a reevaluation is not necessary

31. Implications for Charter Schools: Annual Reviews • Progress monitoring toward annual goals • Staff participation in annual CSE meetings

32. Confidentiality Charter schools must maintain full confidentiality of records in accordance with FERPA and IDEA To ensure this confidentiality charter schools must have procedures for: training regarding confidentiality requirements and procedures, securely maintaining confidential records in a locked file, and providing access to records only to persons with a legitimate “need to know,” and maintaining an access log.

33. Discipline Procedures Federal procedural protections for students with disabilities subject to disciplinary actions. For removals for 10 consecutive days (or 10 cumulative days if a pattern) Manifestation Determination– cannot be removed for behaviors related to the student’s disability* Functional Behavioral Assessmentand Behavioral Intervention Plan for behaviors related to disability Right to Free Appropriate Public Education (to progress in the curriculum and annual goals) Expedited Impartial Hearings – right to disagree with manifestation determination, interim alternative educational setting and provision of services Same protections for students suspected of having a disability * Exception for removals for drugs, controlled substances, weapons or serious bodily injury

34. Implications for Charter Schools: Discipline • Records on # of days of suspensions • Keep district informed • Notify district to conduct a manifestation determination • prior to removing a student for more than 10 days • FBAs and BIPs • Notifications to CSE • CSE determines interim alternative educational settings and services for suspensions of more than 10 days • Provision of FAPE during suspensions or removals

35. Key Points • Both the public school and the charter school have responsibilities to ensure a free appropriate public education to the student. • Success for students with disabilities enrolled in charter schools relies in great part on the relationships and systems of communication established between the public school district’s committee on special education (CSE) and the charter school. • Individualized Education Program (IEP) development should consider supports and services to meet the needs of the student in the context of the parent’s decision to enroll the student in the Charter School. • Nature and scope of special education in charter schools should be designed to accommodate the needs of students with a range of disabilities.

36. Charter Schools Policies and Procedures Admission procedures that ensure equal access for students with disabilities Child Find Continuum of special education and related services that will be provided directly and those that will be provided by district of residence or other provider. settings in which services will be delivered, qualifications of staff delivering services how the instructional program will be evaluated

37. Policies and Procedures cont. Coordination and communication with the district of residence to ensure students receive services consistent with IEP. IEP record keeping and the process for providing copies of the IEP to teachers. How special transportation will be provided.

38. State’s General Supervisory Responsibility • NYSED’s Office of Special Education is responsible to monitor the provision of special education • Office of Special Education Policy – (518) 473-2878 http://www.p12.nysed.gov/specialed/ • Regional Special Education Quality Assurance Offices http://www.p12.nysed.gov/specialed/quality/regassoc.htm Eastern Regional Office - (518) 486-6366 Hudson Valley Regional Office - (518) 473-1185 Central Regional Office - (315) 476-5081 Western Regional Office - (585) 344-2002 Long Island Regional Office - (631) 952-3352 New York City Regional Office - (718) 722-4544

39. Additional Resources • National Charter School Resource Center (focus area-special education) http://www.charterschoolcenter.org/priority-area/special-education-0 • Charter Schools and Special Education: NASDSE Projects and Resources http://www.nasdse.org/Projects/CharterSchoolsandSpecialEducation/tabid/416/Default.aspx • NYS Charter School Office http://www.p12.nysed.gov/psc/home.htmlspecialed.htm • Federal Rights and Privacy Act (FERPA) http://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf • Office of Civil Rights http://www.hhs.gov/ocr/civilrights/understanding/disability/

40. Resources, continued • IDEA http://www.p12.nysed.gov/specialed/idea/ • Individualized Education Program (IEP) http://www.p12.nysed.gov/specialed/formsnotices/IEP/home.html • Guide to Quality Individualized Education Program Development and Implementation http://www.p12.nysed.gov/specialed/publications/iepguidance.htm • Continuum of Special Education Services http://www.p12.nysed.gov/specialed/publications/policy/schoolagecontinuum.html • Accessible Instructional Materials http://www.p12.nysed.gov/specialed/aim/ • Discipline of Students with Disabilities http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalArea%2C6%2C

41. Resources, continued • Response to Intervention • http://www.p12.nysed.gov/specialed/RTI/federalguidance-511.htm • http://www.p12.nysed.gov/specialed/RTI/guidance/cover.htm • Positive Behavioral Interventions and Supports • http://nyspbis.org/

42. Questions relating to special education SPECED@mail.nysed.gov