Thursday, May 31, 2012

Agenda Item

Key Points

Discussion/Recommendations

Next Steps

• The CAP meeting is being moved to the Comfort Inn and Suites in Schodack NY for the 2012-13 school year
• Meeting dates for 2012-13 are November 8 and 9, 2012; February 7 and 8, 2013; and May 30 and 31, 2013
• Due to fiscal constraints the State Education Department (SED) can no longer provide lunch during meetings. 
• Members discussed the option of starting the meeting later than 11 AM and eating lunch prior to arrival at the meeting or keeping the start time the same and either ordering lunch out at their own expense and/or bringing their own lunch to the meeting.

• SED staff explained the requirement for members to obtain a vendor identification (ID) number for reimbursement of travel expenses, indicating there may be delays in reimbursement as applications are processed and a vendor ID is assigned.
• Members completed vendor ID applications and gave them to SED staff

• Members expressed concern with raising standards and their impact on outcomes for students with disabilities and recommended districts align instruction to ensure students have meaningful opportunities to graduate with a diploma.
• Members expressed concerns regarding the fiscal status of districts and the impact on outcomes for students and recommended that policy makers consider district finances when setting policy.

• Elementary and Secondary Education Act (ESEA)
• New York State’s (NYS) waiver was approved by the federal government
• Board of Regents will take action in June to adopt emergency regulations for implementation of the waiver
• District Designations
• Individuals with Disabilities Education Act (IDEA) determinations and ESEA determinations will be issued at the same time
• Impartial Hearing Officer regulations – The revised proposed regulations are scheduled for discussion at the June Board of Regents meeting and will be followed by an additional 30 day public comment period.
• Emergency Interim Placements  – No longer approved beginning with the 2013-14 school year
• Expansion of IDEA discretionary funded projects - Focus on expanding existing networks including support to families, promoting positive behavior interventions and improving instruction
• RtI - SED will issue a request for proposals (RFP)  for  four centers across the State to work directly with 160 districts
• Mandate relief proposals regarding preschool and psychological evaluations
• Skills and Achievement Commencement Credential

• Teacher Evaluation - Teachers are hesitant to include students with disabilities in general education programs due to potential negative impact on their own evaluation
• Response to Intervention (RtI)
• Recommended continued funding and sharing of effective practices regarding RtI
• Expressed concern that parents do not receive notification as required regarding use of the RtI process

• SED to provide reminder to field about RtI requirements
• SED staff will send members websites for Parents Guide to RtI;  NYSRTI and S3tair project

• Pamphlets:
• Family Committee Developmental Disability Alliance of Western New York; and
• Opening Doors: A  Family Guide to Services (a project of the Parent Network of Western New York and the Early Childhood Direction Center)
• Retiring member discussed benefits of involvement in CAP.
• Information on Regional Youth Forums
• Information on proposed legislation for the Justice Center
• Benefits and challenges associated with the Office of Children and Family Services Closer to Home Initiative which has resulted in the closure of many correctional facilities and the return of students with lesser offenses to the community.
• CAP member appointment to National Council on Disability. This 15 person national group advises the federal government on disability policy.

• SED staff to send University of Buffalo resource on bullying
• CAP member to send information to list serv regarding youth forums

• Number of hearings and issues, including those related to tuition reimbursement, increased significantly from 2009-10 to 2010-11.
• Increase in resolution sessions held but a decrease in sessions resulting in agreement
• Decrease in mediation sessions requested resulted in fewer agreements, although 78 percent of mediation sessions held resulted in agreements.
• SED is considering issuing an RFP to pilot individualized education program (IEP) facilitation

• Members discussed potential reasons for these trends:
• Increase in number of hearings and issues may be related to district budget cuts.
• District and parent misinformation or lack of information about mediation
• Mediators lack of information about the special education process.
• Procedural safeguards notice is too complex for parents to understand
• Few parents take advantage of mediation training provided by Parent Centers
• Parties mistrust resolution sessions and mediation process.
• Attorney’s prefer parties not use mediation

• Members recommended the following to address issues identified:
• Establish time limits for a mediation session to be completed
• Increase mediation outreach efforts through the Parent Centers, NYS Dispute Resolution Association (NYSDRA) and Special Education Parent Teacher Association (SEPTA)
• Research other states policies and practices for mediation
• Research and distribute district practices that are effective in avoiding impartial hearings (e.g. Syracuse City administration works with parents to resolve issues before mediation and then follows-up with the school to ensure implementation. They also teach the chairpersons for Committee on Special Education (CSE) strategies for communicating with parents. 

• Multiple pathways to a diploma and safety net options for students with disabilities related to assessment, coursework, course credits and testing accommodations;
• Proposed high school exiting credentials documenting achievement of the Career Development and Occupational Studies Learning Standards as a replacement for the IEP diploma for students with disabilities who because of their disability are unable to earn a diploma and as a supplement to a diploma for all students;
• State Performance Plan and Annual Performance Report data, targets and interventions;
• Alignment of IDEA and ESEA accountability systems, including criteria and interventions;
• Potential impact of the ESEA Waiver Proposal on students with disabilities;
• Educational stability and related issues for children in foster care;
• Cross system issues for children receiving services from multiple agencies;
• Special education dispute resolution, including impartial hearing data and the process for mediation in NYS;
• Discipline requirements and positive behavior interventions and supports;
• Teacher certification and performance standards; and
• Teacher/leader evaluation requirements.

• English as a second language students who also receive special education services;
• Updates on the effectiveness of the 7-12 generalist teaching certificate;
• Changes under discussion regarding alternate assessment;
• Phase II  Alternate High School Exiting Credential as a replacement to the IEP diploma;
• Developmentally disabled students in the workplace and access to vocational rehabilitation services;
• Student’s participation in IEP meetings (self-determination);
• Least restrictive environment and strategies to decrease student placement in self contained classes;
• Students with disabilities convicted as adults and incarcerated in adult prisons;
• Discipline, restraint and seclusion and the disconnect between regulations of various agencies in joint settings (Office of Mental Health; SED; Office of Children and Family Services);
• Initiatives related to autism (update on NYACTS website and Center for Autism and Related Disabilities);
• Proposed changes to Diagnostic and Statistical Manual; and
• Invite the Commissioner to attend a CAP meeting for a focused discussion.  Members to identify topic at a future meeting.

• Increased interaction and less presentation
• Frame the sessions to meet the function of what CAP is charged with accomplishing
• Focus on policy issues and recommendations
• Engage in small group topic specific conversations and report issues and recommendations back to the larger group
• Connect with other committees that have similar functions
• Consider conducting subgroup meetings separate from CAP meetings

Friday, June 1, 2012

Agenda Item

Key Points

Discussion/Recommendations

Next Steps

• SED staff discussed potential safety net options and obtained member recommendations
• SED staff reviewed existing testing accommodations and received member recommendations for potential testing accommodations

• Safety Net and Multiple Pathways to a Diploma:
• Continue to strongly support multiple pathways to a diploma;
• Continue to advocate for multiple diploma options for all students as developing a diploma only for students with disabilities is a violation of a student’s civil rights;
• Expressed concerns regarding the disconnect between the 4 year graduation rate as an accountability measure and the fact that students can remain in school until the end of the school year they turn age 21; and
• Recommended development of policies to promote increased use of the General Equivalency Diploma (GED) while students are still in school and advocating that GED be included in accountability measures.
• Testing Accommodations
• Provide additional information regarding test accommodations, including development of a rubric to assist the Committee on Special Education in making decisions regarding appropriate accommodations and additional guidance on how to implement specific accommodations;
• Provide training for general education teachers on how to implement testing accommodations;
• Develop guidance on which students benefit from specific accommodations; and
• Provide training on the special education process, including IEP implementation and testing accommodations for school administrators.

• Information on regulations regarding aversive interventions, time out rooms, functional behavioral assessments (FBA), behavioral intervention plans (BIP) and emergency interventions.
• Structure, goals and deliverables for the technical assistance network

• Involve students in the development of their BIP.  Look at best practices in mental health that focus on student input for decision making
• State monitoring of each student’s BIP. SED responded that there is not the capacity to provide such monitoring due to the volume of documentation that would need to be reviewed.
• Increased staffing and training of staff working in group homes
• Teach strategies to students to self regulate behaviors
• Ensure positive behavior interventions and supports are strong component of technical assistance for priority and focused districts
• Increased training on de-escalation of behaviors so as to avoid the need for emergency intervention
• Consider adding a health check requirement after a time out when regulations are revised
• Post FBA and BIP model forms on our website