Dean Retreat

Specialized Education Services Agenda

Laura PK
August 22, 2017
 New Staff Meeting

• Students:
• Sped: Just under 1,300 students - 13.5%
• Section 504: unst under 200
• = 1,500 student on special plans
• Staff: Just over 320 staff
• Continuum of services: all resource programs, center-based programs, FLC, STAR
• Structure of supports
• Coordinators, behavior specialists
• Supervisors, admin deans, AP’s, principal, director
• What is my role:
• Child find obligation
• IEP team member roles: provide input at meetings, know plans, apply
accommodations
• Work in collaboration with team
• View students with disabilities as general education students first
• Child first language, confidentiality, support
 9:15 - 10:00 Agenda
1. Disability discrimination policy, OCR requirement
2. Annual 504 Meeting announcement
3. Hot topics in Special Education
4. Board Policy #529
5. Sped open forum / other topics of interest
 Policy #521
Student Disability
Nondiscrimination
 Informing
policy & procedures are widely disseminated

- Policy summary in student handbooks, reviewed by building principals with students beginning of the year
- Policy training in annual back to school staff policy powerpoint
- Full Policy #521 posted on district website: Disability non-discrimination re: STUDENTS
- Full Policy #521 posted on district school insider webpage and in school buildings
- Direct Training:
- Policy #521: training to all District personnel, newly hired staff (within first 90 days) and all teachers/staff
at Chanhassen High School in identification, evaluation, reevaluation and placement of students with
disabilities.
- Specialized training for staff directly involved in processing, investigating and/or resolving complaints or
other reports of disability discrimination
- Principals (DLT), Assistant Principals, Deans and Counselors, Special Education Coordinators, and
Psychologists
Your obligation under Policy #521

1) Provide FAPE
2) Conduct evaluations and follow evaluation procedures
3) Follow placement procedures
4) Implement procedural safeguards
5) Process reports of disability discrimination
6) Follow procedures for investigation
7) Support the resolution of disability discrimination complaints or reports
Purpose of Policy #521

To protect each student with a disability from illegal

discrimination on the basis of disability and provide
each student with the required free appropriate
public education (FAPE).
 General Statement of Policy
Eastern Carver County Schools provides equal educational opportunity to all qualified individuals.

The district is committed to identifying and evaluating learners who, within the intent of Section 504, need services,
accommodations, or programs in order that such learners may receive a free appropriate public education.

This policy applies to all qualified individuals who:

(qualified individuals in law defined as:)
1. are enrolled in an Eastern Carver County school;
2. are enrolled in a non-public educational institution within the district boundaries; or
3. are homeless and eligible to attend an Eastern Carver County school.

A qualified individual may be eligible for Section 504 services, accommodations, or programs even though they are
not eligible for special education pursuant to the Individuals with Disabilities Education Act.
 Definition of “Qualified Individuals”

Qualified individuals means a student who:

1. has a physical or mental impairment that substantially limits one or more major life activity; or
2. has record of such impairment; or
3. is regarded as having such impairment, and;
4. who is of the age for which non-disabled persons are provided educational services; or
5. who is of an age for which it is mandatory under state law to provide such services to disabled individuals; or
6. who is required to receive a free appropriate public education under the Individuals with Disabilities
Education Act (IDEA or Special Education).

*For this policy, the term “Section 504” means Section 504 of the Rehabilitation Act of 1973, codified at 29 United
States Code 794.
 Policy #521
two main components

#1: Procedures provide a system of procedural #2: Procedures provide for the prompt and
safeguards pertaining to the… equitable resolution of complaints of disability
discrimination.
● Identification
● Evaluation ● Conducting and documenting adequate,
● Educational placement reliable and impartial disability discrimination
investigations
of persons who, because of a disability, need or are
● Relevant legal standards
believed to need special instruction or related
services.

34 C.F.R. 104.36 34 C.F.R. 104.7

 Reporting & Grievance Procedure

The school district will take action to stop disability discrimination,

remedy its effects and prevent its recurrence.

Eastern Carver County Schools has adopted an internal grievance procedure providing for prompt and
equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
Reporting & Grievance Procedure

● Any student who believes he or she has been the victim of unlawful discrimination
by a teacher, administrator or other school district personnel, or any person with
knowledge or belief of conduct which may constitute unlawful discrimination
toward a student should report the alleged acts immediately to a building
principal and/or may file a grievance with the Section 504 District
Administrator (Laura PK).
Reporting & Grievance Procedure

● Any adult school district personnel who receive a report of unlawful discrimination toward a student shall
inform the building principal immediately.
● Eastern Carver County urges that all concerns be resolved with the individual closest to the issues. The
Principal is encouraged to attempt to resolve concerns at the building level in hopes of resolution prior to a
formal grievance process.
● The school district encourages the party reporting the complainant to complete a written report, but oral
reports shall be considered complaints as well.
● Upon receipt of a report or grievance, the principal must notify the school district’s human rights officer
and director of specialized education services immediately, without screening or investigating the report.
● The principal will forward a written statement of the facts alleged will be forwarded to the district
personnel overseeing human rights and specialized services.
Retaliation Prohibited

● A complaint or grievance may be done without fear of reprisal by the District, its agents, or
employees.

● Any person who believes she or he has been subjected to discrimination on the basis of
disability may file a grievance under this procedure.

● The school district prohibits retaliation against persons who report disability discrimination and/or
participate in related hearings or investigations and will discipline individuals who engage in
retaliation.
Confidentiality

● The school district will respect the privacy of the complainant, the individual(s)
against whom the complaint is filed, and the witnesses as much as possible,
consistent with the school district’s legal obligation to investigate, to take
appropriate action, and to conform to any discovery or disclosure obligations.
Reporting & Grievance Accommodations

● Eastern Carver County Schools will make appropriate arrangements to ensure that
disabled persons are provided other accommodations, if needed, to participate in
this grievance process.
● Such arrangements may include, but are not limited to, providing interpreters for
the deaf, providing taped cassettes of material for the blind, or assuring a
barrier-free location for the proceedings.
● The Section 504 District Administrator will be responsible for such arrangements.
Grievance Step #1
● The grievance must fully state the facts of the alleged discriminatory practice, must specify the remedy being
sought, and must be signed by the person making the complaint. The grievance must be submitted to the
Section 504 District Administrator within thirty (30) business days of the alleged discriminatory practice (wont
necessarily stand up in court but is in the OCR model policy).
● Upon receipt of a complaint, the district shall promptly undertake or authorize an investigation. The
investigation may be conducted by school district officials or by a third party designated by the school district.
The Section 504 District Administrator (LPK) will investigate the matter and issue a written report on the status
of the allegation and remedy within ten (10) business days from the date the grievance was received.
● In determining whether alleged conduct constitutes a violation of this policy, the investigator will consider the
surrounding circumstances, the nature of the behavior, past incidents, or continuing patterns of behavior, the
relationships between the parties involved and the context in which the alleged incidents occurred. Whether a
particular action or incident constitutes a violation of this policy requires a determination based on all the facts
and surrounding circumstances.
 Grievance Step #2

● If the complainant wishes to appeal the decision of the Section 504 District
Administrator, he/she may submit a signed statement of appeal to the
superintendent of schools within ten (10) business days of receiving the District
Administrator’s report in Step 1.
● The superintendent shall investigate the appeal and respond in writing within
thirty (30) business days. The superintendent shall affirm, reverse, or modify the
written report of the District Administrator.
 Grievance Step #3

● If the complainant remains unsatisfied, he/she may appeal through a signed

written statement to the school board within five (5) business days of his/her
receiving the Superintendent’s response in Step 2.
● The board shall review the appeal within forty (40) calendar days of the receipt
of the appeal.
● A copy of the board’s disposition of the appeal shall be sent to each concerned
party within ten (10) business days of the review.
Grievance Step #4

● If at this point the grievance has not been satisfactorily settled, further appeal
may be made to the Office of Civil Rights:
U.S. Department of Education Phone: (312) 730-1560
Office for Civil Rights, Region V FAX: (312) 730-1576
Citigroup Center TDD: (312) 730-1609
500 West Madison Street OCR.Chicago@ed.gov
Suite 1475
Chicago, IL 60661
Section 504 Hearings

● A student, parent or guardian, or the school district may request an impartial

hearing with regard to actions involving the identification, evaluation, or
placement of a student pursuant to Section 504. The procedures for such a hearing
will be those specified in Minnesota Statute 120.17 and Minnesota Rule Chapter
3525.2535.
● A request for a Section 504 hearing must be submitted in writing to the Section
504 District Administrator.
Resources / Questions

- Full policy including forms located at district website

- https://drive.google.com/drive/folders/0ByPRTHuGnk5JT3dldEdjcEsxeDA
- For questions or support contact school district’s
Americans with Disabilities Act/Section 504 Administrator
- Director of Specialized Education Services
- Laura Pingry-Kile
- 11 Peavey Road, Chaska MN, 55318
- pingry-kilel@district112.org or 952-556-6171
Looking forward to 17-18
★ Insider Admin Tool Box
○ 504 resources, MH resources, para evaluation tools,
behavior resources
★ MDE 6-year cycle Compliance & Monitoring on-site

★ Certified staff evaluations

★ Leadership team: Coordinators/Supervisors/Director

★ Monthly newsletters
Hot Topics related to Special Education

➔ Child Count

◆ Served 1,287 Students (increased 131 students in 3 years)

● July run: + 47 resource students and +9 center-based
● What will childcount show in September?

◆ 13.5% of enrolled students

◆ 18 students in Setting IV

◆ Decreasing: PI and OHD

◆ Increasing: DCD SP, DHH, SLD, and DD

EASTERN CARVER COUNTY SCHOOLS
Hot Topics related to Special Education

➔ Dispute resolution / Legal Involvement

08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18

Facilitated IEPs 0 1 0 2 0 2 1 1 0

Conciliations 5 3 0 1 3 2 3 6 4

Mediations 0 0 2 0 0 2 1 1 0

MDE Complaints 1 1 2 1 2 0 2 1 1

IDEA Hearing 0 0 3 1 0 1 0 0 0

Section 504 Hearing 0 0 0 0 0 0 0 0 1

OCR Complaint 0 0 0 0 0 1 0 0 1
EASTERN CARVER COUNTY SCHOOLS
Hot Topics related to Special Education

➔ Restrictive Procedures
◆ = Physical Holds
◆ No Seclusion practices in ECCS

CPI Changes:
● Trainers
● Holds
● Reporting via
SpEd Forms
EASTERN CARVER COUNTY SCHOOLS

Hot Topics related to Special Education

➔ ADSIS= Alternative Delivery of Specialized Services

◆ Application titled “Personalized Learning to WIN”
◆ Approved!
◆ $986,393.63
● 5-10% year 1
● 51-62% year 2
➔ PBIS Grant
◆ Building grants ($2,000)
◆ District grant ($60,000)
● Video’s - one district and individual building videos
● Curriculum & Training:
○ Zones of Regulation
○ Second Step - Bullying Kits
○ MindUp
○ Check and Connect
EASTERN CARVER COUNTY SCHOOLS

Hot Topics related to Special Education

• Procedure for student observations by non-School Personnel

• Within a Special Education Environment
• If a therapist or parent wants to come in to observe a student
in a special education classroom there is a procedure that
must be followed
• Gen ed environment- don’t have to follow a
procedure-because it isn’t a data breach, just follow building
procedure
Policy 529 - Staff Notification of Violent Behavior by Students Policy
• Please review policy #529 definitions of: incidents of violence, history of violent behavior and legitimate
educational interest.
• Important district procedures and talking points:
• Notice Requirement: “legitimate educational interest” in knowing about a student’s “history of violent
behavior” includes providing notice to the parent
• Who has a “legitimate educational interest”: anyone with an interest directly related to classroom
instruction, teaching, student achievement and progress, discipline of a student, student health and welfare,
and the ability to respond to a request for educational data. “Use best administrative judgement &
document staff notifications”
• Ex: administration, teachers, nurse, counselor, direct hallway supervisors
• Students on IEP’s that demonstrate violent behavior - SpEd due process (FBA’s and BIP’s) will duplicate
board policy notice requirements by providing notice to appropropriate team members
• SpEd IEP Manager will notify Administrative Deans and provide with information they need to complete
board Policy documentation paperwork
• All reports, notices or documentation of violent behavior by students are considered student educational
data or records and must be retained and maintained (and transferred to another school to which the
student seeks to enroll under Minn. State. 128.22)
• Required notices are triggered by “incidents of violence during the current or previous school year,”
however, each time a notice is required it also must include a report of the student’s “all other past related
or similar incidents of violence.” In order to comply with the ongoing notice requirements of Minn. Stat.
121A.64, records evidencing a student’s violent behavior and the notices issued to appropriate staff remain
an ongoing part of the student’s disciplinary record and may not be purged except in accordance with the
District’s record retention schedule or policy.
• Board policy form will be scanned and microfiche to permanent record - possibly will look at documenting
violent behavior as a specific “major” in Campus in future practices.