Presentation-Packet-Complete-9th-Annual-SWC

Welcome to the Oklahoma Parents Center’s 9th Annual Conference Friday, May 22nd, 2015 8:00 a.m to 5:00 p.m Sheraton Midwest City Hotel at the Reed Conference Center 5750 Will Rogers Road Midwest City, OK 405-455-1800 “Building Relationships… Creating Successful Change” Hosted by Oklahoma Parents Center, Inc in conjunction with the Oklahoma State Department of Education 405-379-6015 * 405-379-2108 * 877-553-4332 Email: info@oklahomaparentscenter.org Website: www.OklahomaParentsCenter.org This event is funded, in part, under a grant from the U.S Department of Education, #H328M100005 However, those contents not necessarily represent the policy of the U.S Department of Education, and you should not assume endorsement by the Federal Government Project Officer, Greg Knollman This event is funded, in part, by a contract with the Oklahoma State Department of Education (OSDE) Views expressed in this brochure not necessarily reflect the opinions of the OSDE AGENDA 8:00 – 8:30 a.m Registration Receive Name tags, Packets, Etc 8:30 – 8:40 a.m Welcome Sharon Coppedge-House, Executive Director Oklahoma Parents Center, Inc (2nd Floor Pre-function) (Ballroom C – 2nd Floor) 8:40 – 9:00 a.m Future of Special Education Dr Rene Axtell, Assistant State Superintendent Oklahoma State Department of Education – Special Education Services This presentation will be an overview of what's new in Special Education in Oklahoma From the new measures required by the Federal regulations called "Results Driven Accountability” and what that means for our state to the new special education electronic data system Our discussion will focus on preparing everyone for the future of Special Education 9:00 – 9:30 a.m AT and Accommodations for Struggling Readers Kimberly Berry, AT Teacher & Teacher of the Visually Impaired Oklahoma ABLE Tech The session will cover the following points: 1) Resources to help determine AT Solutions to meet the needs of Struggling Readers; 2) Common, Low-Cost AT Solutions for Struggling Reader; and 3) Software and Hardware Solutions for Struggling Readers 9:30 – 10:00 a.m Living with Lymphatic Malformation Robin Mitman Coppedge, MS, RN, Grandparent Ashlee Robson, Parent Come for a walk through a families journey from pregnancy and birth to the realization their baby has a rare disease of the immune/lymphatic system You will learn about Lymphatic Malformations and how we can make the public more aware of this disease 10:00 – 10:15 p.m Break 10:15 – 10:45 a.m OTISS Overview Presentation Christa Knight, Project Director Karie Crews-St Yves, Tiered Intervention Specialist Oklahoma State Department of Education - SPDG This presentation will be an overview of Oklahoma’s intervention model for identifying and addressing academic and behavior difficulties that interfere with PreK-12 student success Participants will learn about Oklahoma’s Tiered Intervention System of Support (OTISS) multi-tiered levels of academic and behavioral support (RtI/PBIS) AGENDA 10:45 – 11:45 a.m Special Education Law: Legal Requirements and Parent Rights Art Cernosia, Esq This presentation will review and analyze student and parental rights under the IDEA as well as judicial interpretations of those rights Topics to be covered include evaluations, IEP development and implementation, least restrictive environment and behavior/discipline issues Time will also be provided for participant’s comments and questions 11:45 – 12:00 p.m Awards Ceremony 4th Annual Parent of the Year Award Congratulations Janice Atkins! 3rd Annual Educator of the Year Award Congratulations Shelley Gibson! 12:00 – 1:00 p.m Lunch will be provided Buffet 1:00 – 2:45 p.m Special Education Law: Legal Requirements and Parent Rights – Cont Art Cernosia, Esq This presentation will review and analyze student and parental rights under the IDEA as well as judicial interpretations of those rights Topics to be covered include evaluations, IEP development and implementation, least restrictive environment and behavior/discipline issues Time will also be provided for participant’s comments and questions 2:45 – 3:00 p.m Break 3:00 – 4:45 p.m Special Education Law: Legal Requirements and Parent Rights – Cont Art Cernosia, Esq This presentation will review and analyze student and parental rights under the IDEA as well as judicial interpretations of those rights Topics to be covered include evaluations, IEP development and implementation, least restrictive environment and behavior/discipline issues Time will also be provided for participant’s comments and questions 4:45 – 5:00 p.m Closing/ Door Prizes/Evaluations Final Door Prize is an iPad Mini!!! (Exhibit Hall – 1st Floor) PRESENTER BIOGRAPHIES Axtell, Rene: Dr Rene Axtell has been a classroom teacher, site administrator and central office administrator prior to joining the State Department of Education as the Assistant State Superintendent in Special Education Services Dr Axtell has worked in the field of education for more than 25 years Most of this experience has been in the area of special education Dr Axtell has served students with various disabilities and from all levels of education Berry, Kimberly: Kimberly Berry is a certified Teacher of the Visually Impaired She joined ABLE Tech in October 2011 as an Assistive Technology Teacher She previously worked for Stillwater Public Schools and is certified in several subject areas, including Elementary Education, Mild-Moderate/Learning Disabilities, and Severe-Profound/ Multiple Disabilities In her position as AT Teacher, Kimberly helps teachers to consider assistive technology devices and accessible educational materials (AEM) for students in public schools Kimberly holds a Bachelor of Science in Business Administration - Marketing from Oklahoma State University and an Associate of Applied Science in Media Communications from Tarrant County College in Texas Kimberly and husband, Shane, live in Stillwater and have two children attending public schools Cernosia, Art: Art Cernosia is a licensed attorney and an education consultant from Williston, Vermont Art previously worked as a teacher, an Assistant Attorney General assigned to the Vermont Department of Education, a practicing attorney, and consultant with a national special education technical assistance center He was associated with the University of Vermont’s Education Law Institute for over 30 years where he taught and provided legal workshops He also volunteered as a surrogate parent for students with disabilities who were placed in juvenile detention facilities He provides training, consultation and other technical assistance services to state and local education agencies and advocacy organizations throughout the nation pertaining to special education legal issues Coppedge, Robin Mitman: Robin Coppedge received her Bachelors of Science in Nursing from Oklahoma Baptist University, and her Masters of Science in Nursing from the University of Oklahoma She began her RN career at the Neonatal Intensive Care Unit at Children’s Hospital in Oklahoma City She worked in Obstetrics and Labor/Delivery at Mercy Memorial Health Center in Ardmore before taking a nursing faculty position at Murray State College where she has taught in the RN program for 24 years In 2013, she was named the Director of Nursing for the College Robin is married to Wallace Coppedge, District Judge for the State of Oklahoma They have children, a son-in-law, a daughter-in-law, and grandsons Coppedge-House, Sharon: Sharon Coppedge-House is the Executive Director of the Oklahoma Parents Center Inc., the federally-funded Parent Training and Information Center for the state She became the Executive Director in October 2006 and was the training coordinator for years prior to that Her passion for disability advocacy began after the adoption of her first child, Jordan, in 1986 Crews-St Yves, Karie: Karie Crews-St Yves a Tiered Intervention Specialist for the State Personnel Development Grant (SPDG) at the Oklahoma State Department of Education (OSDE) in the Special Education Division Knight, Christa: Christa Knight is the Project Director for the State Personnel Development Grant (SPDG) at the Oklahoma State Department of Education (OSDE) in the Special Education Division Robson, Ashlee: Ashlee Robson is the parent of a son with a rare disease of the immune/lymphatic system She is also a 7th grade science teacher at Madill Junior High School Ashlee has a BS in Science and Master’s degree in Education both from East Central University She is married to Mikie Robson and they have sons Assistive Technology and Accommodations for Struggling Readers Presented by Kimberly Berry Oklahoma ABLE Tech OPC Statewide Conference Overview of Content Resources to assess needs of struggling readers Common, features of technology to assist struggling readers Technology Options including apps, software and hardware Assessing Needs Does the student need accessible educational materials (AEM) or to have materials read aloud? • AIM Navigator ▫ http://aim.cast.org/navigator/page/ • AIM Explorer ▫ http://aim.cast.org/experience/decisionmaking_tools/aim_explorer#.VUpWPI5Viko • Protocols for Accommodations in Reading (PAR) ▫ http://donjohnston.com/par/#.VUpWkY5Viko Print Disability as defined by U.S Copyright Law Individuals who have been certified by a competent authority to be unable to read or use standard print materials because of: • • • • Blindness Visual impairment Physical limitations, or Reading disabilities (such as dyslexia) resulting from an organic dysfunction See Oklahoma AEM Technical Assistance Document for more information at: okabletech.okstate.edu OPC Statewide Conference Specialized Formats of AEM • • • • Braille Large print Digital text Audio Common Accommodations for Reading • Presentation – ▫ computer or human-assisted read-aloud • Response – ▫ auditory feedback i.e “speak as you type” Needed accommodations should be documented in IEP and used during daily instruction and assessments Hardware Solutions • Computers with built-in accessibility and software • Tablets and smartphones with built-in accessibility and apps • Additional Devices ▫ accessible book readers ▫ magnifiers ▫ refreshable braille displays and notetakers OPC Statewide Conference Useful Features of Technology ▫ ▫ ▫ ▫ ▫ ▫ ▫ ▫ ▫ accessible electronic text reader synthesized speech read-aloud (text-to-speech) dictation/speech input (speech-to-text) word prediction dictionary/picture dictionary grammar tools outline builder/graphic organizer phonetic spell check vocabulary study guides Digital Books • • • • • • Bookshare* Learning Ally* Project Gutenberg iBooks for Apple Kindle Overdrive *Requires certification of Print Disability Reading Books on Computers • Google Chrome Browser with text-to-speech extension • Natural Reader • Free Bookshare Tools: ▫ Web Reader ▫ READ:OutLoud Bookshare Edition ▫ Victor Reader Soft Bookshare Edition OPC Statewide Conference Accessing Bookshare on iPads, Tablets, and Smartphones •Read2Go for iOS •Voice Dream Reader for iOS •Go Read for Android •Darwin Reader Don Johnston • Read:OutLoud Bookshare Edition and Read2Go App: provide synthesized speech and other accessibility features to read digital text from Bookshare • Co:Writer Universal and Co:Writer App: word prediction tool with synthesized speech • Snap&Read Universal: synthesized speech with optional textleveling • SOLO 6: Literacy suite including a text reader, graphic organizer, talking word processor, and word prediction donjohnston.com More Don Johnston • First Author Writing Curriculum: instruction on skills needed for alternate assessments and includes measurement tools and standards-based IEP Goals • Start-to-Finish CORE Curriculum: comprehensive reading instruction paired with simplified classic works of literature • uPAR (Universal Protocol for Accommodations in Reading): tools to determine appropriate reading accommodations e.g human read-aloud vs synthetic speech vs independent reading donjohnston.com OPC Statewide Conference Texthelp • Read&Write GOLD for PCs and Macs: floating toolbar with reading, writing, studying, and research support tools • Read&Write Web Apps: reading, studying, and research tools to access Google Docs, web pages, and Bookshare • iReadWrite iPad App: tools for struggling readers and writers • Fluency Tutor: online reading fluency and comprehension software texthelp.com Kurzweil • Kurzweil 3000: stand-alone software, online tools, and web-apps for reading, writing, comprehension, etc… • Kurzweil 1000: similar to Kurzweil 3000, but optimized for users with visual impairment • Firefly: flash-based website and iPad app that allows core Kurzweil 3000 functionality kurzweiledu.com Additional Resources for Composition • Freeology ▫ graphic organizers, vocabulary organizer • Freemind ▫ mind-mapping software OPC Statewide Conference IEPs/Notices Use of Email    Email may be used to send parents IEPs and related documents (progress reports, etc.) provided that the school and parent both agree Electronic or digital signatures permissible for consent Appropriate safeguards must be taken to ensure the integrity/confidentiality of the process Letter to Breton (OSEP) IEP Goals/Grade Level Stds The reading goals were unrealistic given the student’s achievement level  The goals were not based on the student’s individual needs but were “standard grade level goals”  The IEP failed to include individualized transition goals based on age appropriate assessments Jefferson County v Lolita S (U.S Ct of Appeals, 11th Circuit (2104))  IEPs and Students with Substance Abuse    IEP that addressed the student’s behavior, social skills, organizational skills provided FAPE IEP provided the student with full time support for her emotional/behavioral needs in a public school A school cannot be held responsible for “treating” a student’s drug addiction, family problems or delinquent behavior E.K v Warwick School District (U.S Dist Ct., Pennsylvania (2014)) 11 OPC Statewide Conference IEPs and Instructional Implications  The IEP did not provide the student with a FAPE since it did not properly address the student’s visual impairment   Focus of the evaluation was solely on mobility not educational impact The student’s teachers exhibited no understanding of the impact of the student’s disability on the student’s learning which led to an inappropriate IEP Caldwell Independent School District v Joe P (U.S Ct of Appeals, 5th Circuit (2014)) FAPE and Methodology   IEP which did not reflect the parents preferred methodology (ABA) for their student with autism was appropriate The Court noted “We are required to give particular deference to state educational authorities on the issue of educational methodology” A.S v New York City (U.S Ct of Appeals, 2nd Circuit (2014)) Post-Secondary Transition    The IEP must include transition services to postsecondary settings that are in effect not later than the beginning of the student’s 9th grade year or upon turning 16 years of age, whichever comes first The IEP Team may determine that transition services are required before then Transition services must be updated annually Oklahoma Special Education Policies 12 OPC Statewide Conference Related Services Standard (Tatro Criteria) • • • Child must have a disability and be in need of special education The service must be necessary to aid the child to benefit from special education The service must be able to be performed by a non-physician Related Services LRE   The provision of speech services through an “embedded model” (direct speech therapy provided in the classroom with peers present) was appropriate  Even if the student could make greater progress through a 1:1 pull out program The provision of services by a graduate clinician supervised by a SLP did not impact FAPE E.L v Chapel Hill-Carrboro (U.S Ct of Appeals, 4th Circuit (2014)) IDEA and the ADA • • Two students with hearing impairments requested the school to provide them with Communication Access Realtime Translation ("CART") in the classroom • IEPs found to be appropriate without CART The Court held that a school’s compliance with its obligations to a deaf or hard-of-hearing student under the IDEA does not necessarily establish compliance with its “effective communication” obligations under the ADA K M v Tustin Unified School District (U.S Ct of Appeals, 9th Circuit (2014)) 13 OPC Statewide Conference Assistive Technology    The parents stated that they used an iPad (with the Proloquo2Go application) to communicate with their student with autism successfully at home which reduced her problematic behaviors The Court held that the student was denied a FAPE “Despite widespread agreement that [the student] used behaviors to communicate when other avenues are unavailable, and that [the student] had more success with assistive technology outside of school, the District failed to take affirmative measures to determine why [the student] did not exhibit those successes at school.” North Hills Sch Dist v M.B (Penn Commonwealth Ct (2015)) Least Restrictive Environment     To the maximum extent appropriate, students with disabilities shall be educated in classroom and other activities with peers who are not disabled Continuum of Alternative Placements must be considered by the Team IEP shall EXPLAIN the extent, if any, to which the student will not be educated with peers who are not disabled Supplementary Aids and Services Placement Decisions    This student’s IEP stated that a “regular classroom environment with supplementary aids and services….would not meet [the student’s] need for specially designed instruction at this time” Vague statement in IEP failed to include the reasons why the student could not be in regular ed classroom FAPE denied Hannah L V Downington (U.S Dist Ct., Penn (2014)) 14 OPC Statewide Conference LRE and Preschoolers • • • LRE also applies to 3-5 year olds IEP Team must consider continuum of alternative placements Options include • Public school preschool programs • Other public preschool programs such as Head Start • Private preschool programs • Home based services Letter from the Office of Special Ed Programs LRE Extended School Year    LRE requirements apply to extended school year (ESY) programs LRE requirement for ESY programs not limited to what programs the school district offers IEP Team must consider a continuum of placements in determining the ESY program T.M v Cornwall Central School District (U.S Ct of Appeals, 2nd Circuit (2014)) IEP Behavioral Components   IEP Team determination based on the evaluation results If behavior impedes his/her learning or that of others, IEP must include:  Positive behavior interventions  Strategies  Supports 15 OPC Statewide Conference IEPs and Behavior   The Court held that the alleged failure to conduct a functional behavioral assessment or develop a behavior intervention plan was “irrelevant” since the IDEA does not require such assessment or plan outside of certain disciplinary actions which were not present here Although the school was having difficulty managing the student’s behavior it was in the process of reassessing his behavior interventions when the student was withdrawn from school Endrew F v Douglas County School District (U.S District Ct., Colorado (2014)) IEPs and Behavior   The behavioral component was appropriate since the student showed progress in that she was learning to use self-control and would self-remove from the classroom to the cooldown area The school district reviewed the plan with the student’s teachers, trained her teachers on the interventions , and implemented the interventions C.P v Krum Independent School District (U.S District Ct., Texas (2014)) IEP Behavior Components “The IDEA does not require a school district to eliminate interfering behaviors It requires only that the school district "consider the use" of positive behavioral interventions and supports to address the behavior.”  The school met this responsibility by implementing a behavioral component to the IEP J.W v Unified School District of Johnson County (U.S District Ct., Kansas (2014)  16 OPC Statewide Conference Bullying   There is no Federal law or regulation directly addressing the issue of bullying United States Department of Education, Office of Special Education Programs (OSEP) has addressed bullying and the provision of FAPE under the IDEA Oklahoma Bullying Law  Bullying means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication: Directed toward a student of group of students; Resulting in or is reasonably perceived as being done with an intent to cause negative educational or physical results to the student/group; and  Communicated in such a way as to disrupt or interfere with the school’s educational mission or the education of any student Oklahoma School Safety and Bullying Prevention Act   Bullying and the IDEA  Bullying of a student with a disability that results in the student not receiving meaningful educational benefit constitutes a denial of a free appropriate public education (FAPE) under the IDEA whether or not the bullying is related to the student’s disability 17 OPC Statewide Conference Role of the IEP Team      Addresses whether bullying has impacted the student’s ability to receive “meaningful educational benefit” Determine if additional assessments are necessary If bullying impacts FAPE, revise IEP with additional/different services as required Determine if a placement change is necessary Procedural safeguards afforded the parent Dear Colleague Letter (OSEP) Bullying and Sec.504    The bullying of a student on any basis (whether disability related or not) who is receiving services and/or accommodations under a 504 plan may result in a denial of FAPE that must be remedied A school’s compliance with state law and/or local school policy is not sufficient to meet the school’s responsibility under Section 504 The Section 504 Team must determine whether as a result of bullying services/placement need to be changed Responding to Bullying of Students with Disabilities (Office for Civil Rights) FAPE and Bullying   “a disabled student is deprived of a FAPE when school personnel are deliberately indifferent to or fail to take reasonable steps to prevent bullying that substantially restricts” the educational opportunities of the student with disabilities Where there is a “substantial probability that bullying will severely restrict a disabled student’s educational opportunities, as a matter of law an anti-bullying program is required to be included in the IEP” in an “intellectually accessible” way for parents T.K v New York City (U.S District Ct, New York (2014) 18 OPC Statewide Conference FAPE and Bullying   Student was not denied a FAPE as the result of being bullied School took proactive steps to address bullying/harassment  IEP Team met to address the student’s social/emotional needs  Investigated each report  Disciplined students when appropriate N.M v Central Bucks School District (U.S District Ct., Penn (2014)) Short Term Suspensions  10 School Days or Less in a School Year  Follow Regular Disciplinary Procedures  No need to: Determine Manifestation Conduct a Functional Behavioral Assessment  Provide Services (unless services are provided to non-disabled students who are so suspended)   Short Term Disciplinary Hearings   Applies to all students Informal Hearing with Administrator Notice of the charges Explanation of the evidence  Opportunity for student to share their story   Check state and local policies for specific requirements 19 OPC Statewide Conference In School Suspensions  Does not count as a day of suspension if:  Student is afforded the opportunity to participate in the general education curriculum  Student is provided their special education/related services  Student participates with non-disabled peers to the extent they would in their regular placement Portions of the Day Suspensions Bus Suspensions  Portions of a day in which the student is removed for behavioral reasons may be considered as a disciplinary removal in determining whether a pattern of removals exist  Bus suspensions are deemed a removal if:  Transportation is listed in the IEP  No alternate transportation has been offered Services for students removed for more than 10 school days in a school year  Services to the extent necessary to enable the student to:  Participate in the general curriculum And  Appropriately advance toward achieving their IEP goals 20 OPC Statewide Conference Revocation of Consent for Continued Sp Ed Services Parents have the right to revoke IEP services in their entirety Revocation not subject to due process or mediation Revocation must be in writing School must provide Prior Written Notice before terminating services     IEP Consent Revocation and Sec.504   The parents withdrew consent for their student to receive IDEA services, but requested that the school provide him with accommodations under Section 504 Revocation of consent for services under IDEA is tantamount to revocation of consent for services under Section 504 and the ADA Lamkin v Lone Jack C-6 School District (U.S District Ct., Missouri (2012)) IEP Consent Revocation and Sec 504 Revocation of consent under the IDEA does not impact the school’s obligation under Section 504  A school has a “continuing obligation under Section 504 and the ADA to protect [the student] from discrimination while she remains a qualifying student with a disability”  A school is required to convene a Section 504 meeting and develop a 504 plan after the parents revoked consent for IDEA services Kimble v Douglas County School Dist.(Dist.Ct., CO) D.F v Leon County School Board (Dist.Ct., FL)  21 OPC Statewide Conference Service Animals The Court held that the school’s policy requirement that the parent maintain liability insurance for the service animal and procure vaccinations in excess of the requirements under state law is a surcharge prohibited by the ADA  The Court also held that the accommodation requested (taking the student and service dog outside when the dog needed to urinate) under the facts presented were reasonable accommodations under the ADA Alboniga v School Board of Broward County (U.S District Ct., Florida (2015))  Effective Communications   Title II of the ADA requires that public schools ensure that communication with students with hearing, vision or speech disabilities is as effective as communication with students without disabilities Title II requirements also apply to other individuals with disabilities such as parents or members of the public in activities such as parentteacher conferences, ceremonies and performances Frequently Asked Questions on Effective Communication for Students With Hearing, Vision or Speech Disabilities in Public Elementary and Secondary Schools Charter Schools   Federal civil rights laws, regulations, and guidance that apply to charter schools are the same as those that apply to other public schools These laws extend to all operations of a charter school, including recruiting, admissions, academics, educational services and testing, school climate (including prevention of harassment), disciplinary measures, athletics and other nonacademic and extracurricular services and activities, and accessible buildings and technology Dear Colleague Letter (OCR) 22 OPC Statewide Conference Procedural Safeguard Notice  Procedural Safeguard Notice provided:  Once per school year  Initial Referral or Parent Request for Evaluation  Request from Parent  Due Process Complaint/Administrative Complaint  Disciplinary Change of Placement Mediation      Mediation is available to address issues even if a Due Process Hearing has not been requested Voluntary-only if both the parents and school agree to use mediation Qualified and Impartial Mediator appointed No cost except your time Written Mediation Agreement Oklahoma Resources  Oklahoma Parent Rights Notice  Oklahoma Parents Center  Oklahoma Sp Ed Dispute Resolution Center  Oklahoma Policies, Handbook and Guide 23 OPC Statewide Conference Mahalo!!! 24 Annual Conference th Friday, May 22nd, 2015 8:00 a.m to 5:00 p.m “Building Relationships… Creating Successful Change” Hosted by Oklahoma Parents Center, Inc in conjunction with the Oklahoma State Department of Education Thank you all for attending the Oklahoma Parents Center’s 9th Annual Conference “Building Relationships…Creating Successful Change.” We hope you all had a great time, while taking away some great ideas from the educational sessions! Please take a minute to fill out the enclosed Evaluation (on green paper) and return it to the registration table before you leave Handouts from the conference will be available on our website at www.OklahomaParentsCenter.org We enjoyed seeing all of you and are already looking forward to next year!!! Sincerely, The Oklahoma Parents Center Sharon Coppedge-House, Executive Director, Board of Directors, And Staff