Timely & Meaningful Consultation Timely & Meaningful Consultation Requirements for 2008-2009Requirements for 2008-2009

Andy Eulass, Due Process CoordinatorAndy Eulass, Due Process Coordinator

Julie Evans, Principal Education ConsultantJulie Evans, Principal Education Consultant

Special Education DivisionSpecial Education Division

Illinois State Board of EducationIllinois State Board of Education

In this session you will:In this session you will:

Learn about issues concerning Learn about issues concerning implementa-tion of proportionate implementa-tion of proportionate share services.share services.

Learn the answers to frequently Learn the answers to frequently asked questions about the asked questions about the implementation of proportionate implementation of proportionate share services.share services.

Proportionate Share: A Brief HistoryProportionate Share: A Brief History

Since passage of IDEA 1997, school Since passage of IDEA 1997, school districts have been required to allocate districts have been required to allocate a “proportionate share” of their Federal a “proportionate share” of their Federal IDEA Part B funds to provide private IDEA Part B funds to provide private school students the opportunity to school students the opportunity to “equitably participate” in special “equitably participate” in special education programs offered by the education programs offered by the districtdistrict

The Big Shift: IDEA 2004The Big Shift: IDEA 2004

IDEA 1997: responsibility for IDEA 1997: responsibility for providing proportionate share rests providing proportionate share rests upon the resident district of the upon the resident district of the private school studentprivate school student

IDEA 2004: responsibility for IDEA 2004: responsibility for providing proportionate share rests providing proportionate share rests upon the district in which the student upon the district in which the student attends school attends school regardless of regardless of residencyresidency

Results/problems in 07-08Results/problems in 07-08

As of March 31, 2008, over 95% As of March 31, 2008, over 95% of the districts had completed of the districts had completed Timely and Meaningful Timely and Meaningful Consultation.Consultation.

We have had no complaints filed We have had no complaints filed by parents regarding failure to by parents regarding failure to provide services and/or to provide services and/or to properly complete TMC.properly complete TMC.

Who’s Included?Who’s Included?

Students who have or may have Students who have or may have a disabling condition and who a disabling condition and who are placed by their parents in a are placed by their parents in a private elementary or secondary private elementary or secondary schoolschool

Home-schoolers of elementary Home-schoolers of elementary or secondary school ageor secondary school age

Why Home-Schoolers?Why Home-Schoolers?

People v. Levisen: Illinois People v. Levisen: Illinois Supreme Court (1950) – Home Supreme Court (1950) – Home school equals private schoolschool equals private school

ISBE Supplemental to Memo ISBE Supplemental to Memo 05-7: home schoolers are to be 05-7: home schoolers are to be included within the category of included within the category of students entitled to receive students entitled to receive proportionate share servicesproportionate share services

TMC Notice: Who gets it?TMC Notice: Who gets it?

Representatives of known private Representatives of known private schools in your jurisdictionschools in your jurisdiction

Parent representatives of those schoolsParent representatives of those schools Known parents of home-schoolers who Known parents of home-schoolers who

have either identified disabilities or who have either identified disabilities or who have approached the district for testing have approached the district for testing and who’s condition is not yet knownand who’s condition is not yet known

General public notice (Memo 06-2, General public notice (Memo 06-2, App. C) App. C)

Remember:Remember:

You can ask the private schools to You can ask the private schools to identify the parent representatives identify the parent representatives (be sensitive to timelines though)(be sensitive to timelines though)

You don’t have to “beat the bushes” You don’t have to “beat the bushes” looking for private schools and home looking for private schools and home schoolersschoolers

The essential points of TMCThe essential points of TMC

When conducting TMC a district When conducting TMC a district must cover the following during the must cover the following during the meetingmeeting1.1.The child find process and how The child find process and how parents, teachers and school officials parents, teachers and school officials will be informed of the processwill be informed of the process2.2.What the proportionate share sum is What the proportionate share sum is and how it was calculatedand how it was calculated3.3.The consultation process itself and The consultation process itself and how it will operate through the school how it will operate through the school yearyear

The essential points (cont.)The essential points (cont.)

4. How, where and by whom proportionate 4. How, where and by whom proportionate share funds will be allocated, including a share funds will be allocated, including a description of the types and amounts of description of the types and amounts of services that will be providedservices that will be provided

5. How, if the district disagrees with the views of 5. How, if the district disagrees with the views of the private school, it will provide a written the private school, it will provide a written explanation of why it chose not to follow the explanation of why it chose not to follow the views of the private schoolviews of the private school

The Important Piece: AttestationsThe Important Piece: Attestations

Not enough to simply have a Not enough to simply have a record of attendancerecord of attendance

Each participant must be given Each participant must be given an attestation form to sign an attestation form to sign indicating that the five essential indicating that the five essential points were discussedpoints were discussed

If the person refuses to sign an If the person refuses to sign an attestation form should be attestation form should be maintained with a note to that maintained with a note to that effecteffect

Documentation of TMC Documentation of TMC

A copy of all notice letters sent by A copy of all notice letters sent by the districtthe district

Copies of all attendance or sign-in Copies of all attendance or sign-in sheetssheets

A copy of the ad placed include the A copy of the ad placed include the date and name of the publicationdate and name of the publication

A copy of any agenda, handout or A copy of any agenda, handout or powerpoint used at the TMC powerpoint used at the TMC meeting(s)meeting(s)

Copies of all signed and unsigned Copies of all signed and unsigned attestation forms attestation forms

Important PointsImportant Points

TMC must be completed by October TMC must be completed by October 15, 2008 - no exceptions15, 2008 - no exceptions

Documentation must be sent in by Documentation must be sent in by November 1, 2008 - no exceptionsNovember 1, 2008 - no exceptions

Submissions must be made by Submissions must be made by individual LEA - coops will not be individual LEA - coops will not be permitted to make one blanket permitted to make one blanket submission on behalf of all member submission on behalf of all member districts unless the material can clearly districts unless the material can clearly be matched to each individual districtbe matched to each individual district

Important Points (cont.)Important Points (cont.)

If you have a proportionate If you have a proportionate share of $0.00, you must still do share of $0.00, you must still do TMCTMC

If you have no private schools, If you have no private schools, please send us a letter to that please send us a letter to that effecteffect

Please send TMC materials Please send TMC materials to:to:

Leigh Ann SmithLeigh Ann Smith

Division of Special Education Division of Special Education ServicesServices

Illinois State Board of EducationIllinois State Board of Education

100 N. First Street100 N. First Street

Springfield, IL 62777Springfield, IL 62777

Questions or concerns while Questions or concerns while dealing with TMC?dealing with TMC?

ISBE-Springfield, 217-ISBE-Springfield, 217-782-5589782-5589

Resources:Resources:

Memo 06-2: Memo 06-2: http://www.isbe.net/spec-ed/pdfs/guihttp://www.isbe.net/spec-ed/pdfs/guidance_06-2.pdfdance_06-2.pdf

Memo 05-7: Memo 05-7: http://www.isbe.net/spec-ed/pdfs/mehttp://www.isbe.net/spec-ed/pdfs/memo_05-7.pdfmo_05-7.pdf

Supplement to Memo 05-7: Supplement to Memo 05-7: http://www.isbe.net/spec-ed/pdfs/guihttp://www.isbe.net/spec-ed/pdfs/guidance_5-7.pdfdance_5-7.pdf

Model Attestation Form: Model Attestation Form: http://www.isbe.net/spec-ed/pdfs/pvthttp://www.isbe.net/spec-ed/pdfs/pvtschAppA.pdfschAppA.pdf

For a copy of this powerpoint, For a copy of this powerpoint, please contact:please contact:

Andy Eulass: Andy Eulass: aeulass@isbe.netaeulass@isbe.net Julie Evans: jevans@isbe.netJulie Evans: jevans@isbe.net