1 Spotlight on Practice: Special Education and the Shrinking Pie SES Fall 2010.
-
Upload
elfreda-jordan -
Category
Documents
-
view
216 -
download
0
Transcript of 1 Spotlight on Practice: Special Education and the Shrinking Pie SES Fall 2010.
1
Spotlight on Practice:Special Education and the
Shrinking Pie
SES Fall 2010
2
Funding Primer• Mandate
reimbursements• General unrestricted
funding• Categorical funding
3
Let’s Take a Look
Interdistrict TransfersCounty Mental HealthStaffing
4
Interdistrict Transfers Less Control
Interdistrict Transfers
5
Seasons of Repose
• Generally parent/legal guardian’s residency determines where student attends school
– Residency is the place where parent remains and to which he/she returns “in seasons of repose”
• An exception – interdistrict transfer
6
Interdistrict Attendance Options
• Traditional
• School District of Choice
• Open Enrollment Act
7
Traditional
• Admission standards:
– Different standard than general education students? No
– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No
8
Traditional
• Admission limitations
– Space availability? Yes
– Creation of a new program or service? Yes
9
School District of Choice
• Admission standards:
– Different standard than general education students? No
– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No
– Discrimination on the basis of academic or athletic performance? No
10
School Districts of Choice
• Admission limitations:
– Random, unbiased selection? Yes
– Creation of a new program or service?No … at least not for students with disabilities or English learners
11
School District of Choice
• Space availability:– If applied equally to both general and special
education students, then limitation can apply– A school district can reject a transfer if it
would be obligated to create a new program• “[E]xcept that a school district of choice shall not
reject the transfer of a special needs pupil, including an individual with exceptional needs … and an English learner …”
12
Open Enrollment Act(“Romero Bill”)
• Admission standards:
– Different standard than general education students? No
– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No
13
Open Enrollment Act(“Romero Bill”)
• Admission limitations:
– Adverse financial impact? Yes, but be careful
– Space availability? Yes, but be careful
14
Who Transports?
15
County Mental HealthTenuous State Mandate
Interdistrict TransfersCounty Mental Health
16
Terminology(a non-exhaustive list)
Services
AB 3632
AB 2726
Chapter 26.5
Agencies
CMH
DMH
DBH
17
History
• Assembly Bill 3632 (1984)
• Assembly Bill 2726 (1996)
• Assembly Bill 1895 (2004)
18
Referral Requirements
1. Following assessment, district, parent, or IEP team can refer; or
2. Based on preliminary results of assessment, only district can refer
19
Funding Sources
• Federal IDEA funds $69 million
• State categorical funding $31 million
• State categorical funding $52 million
$152 million
and
• Mandate reimbursement $0 (lately)
20
Governor’s Action
• Veto of $133 million in mandate reimbursements
• “This mandate is suspended.”
21
What We Want to Know
• Does the Governor have the legal authority to suspend a mandate?
• Who is responsible for mental health services while we find out?– The answer may evolve on a case-by-case
basis
22
However …• The IDEA says school districts are the payers of
last resort• CDE agrees• If a public agency other than a school district
fails to provide or pay, the school district must provide or pay in a timely manner
• The school district can use the interagency agreement or other mechanism to claim reimbursement
(34 C.F.R. § 300.154(b)(2).)
23
What Does This Mean for You?
• Maintaining timelines
• Obtain services
• Due process available
• Interagency dispute available
• Stay put
24
What to do?• Pre-referral services
• Build capacity, build relationships
25
Increased Class-SizeMaking Do
Interdistrict TransfersCounty Mental HealthStaffing
26
Furloughs and Shorter School Year
• Furloughs: To whom do they typically apply?
• Shortened school year: How low can you go?
27
Litigation Has Started
28
What Does CDE Say?
29
What Does CDE Say?
• IEP Trumps!!
• When necessary, reconvene to determine alternative means of addressing need
30
What does this mean for you?
• LRE standards– Increased class-size– Availability of supplementary aids and
services– Availability of related services
• ESY
• Section 504
31
Conclusion
• Know how interdistrict transfers affect your particular district status
• Build capacity for mental health services
• Analyze the effect of staff furloughs on an individualized basis
32
Q & A