Q & A: Truancy
The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about truancy.
Instructional delivery of programs refers to the system a district uses to ensure that a free appropriate public educational is available for each child, and that a continuum of alternative placements is available to meet the needs of children or students with disabilities for special education and related services. Each district must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. This continuum must include, but is not limited to instruction in regular education classes, special classes, special schools, home instruction instruction in hospitals and institutions, instruction at a state academy, instruction in a care and treatment facility approved by MDE, and extended school year services. Each district must also make provision for supplementary services, such as a resource room or itinerant instruction, to be provided in conjunction with regular education class placement.
Required Policies
The districts within the Area Special Education Cooperative must have in effect policies that are consistent with State policies established under 35 C.F.R. 300.101 through 300.163, and 300.165 through 300.174. Among those required policies, the districts must have policies to ensure a full educational opportunity goal and least restrictive environment for all students with disabilities. These policies are included in the sections below.
The districts within the Area Special Education Cooperative include in the sections below a description of its method for providing special education services for identified students, including a description of the full range of available educational services, sites available where services may occur, and available instruction and related services.
MN R. 3525.1100, subp 2(B)
Through their Interagency Early Intervention Committees, the districts in the cooperative have developed and implemented policies and procedures related to (1) assuring that services involve cooperating agencies at all steps leading to individualized programs; and (2) identifying the services and funding being provided within the community for children with disabilities under age five, and their families.
Every district must provide special instruction and services, either within the district or in another district, for children with a disability who are residents of the district and who are disabled. Notwithstanding any age limits in laws to the contrary, special instruction and services must be provided from birth until July 1 after the child with a disability becomes 21 years old but shall not extend beyond secondary school or its equivalent. Local health, education, and social service agencies must refer children under age five who are known to need or suspected of needing special instruction and services to the school district.
Limitation on Obligation to Make FAPE Available
A district need not provide services during the periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if services are not provided to a child without disabilities who has been similarly removed. However the school must implement alternative educational services when the suspension exceeds five days. Minn. Stat. 121A.41, subd. 10 (3)
Students Incarcerated in Adult Prisons
School districts are not obligated to make special education and related services available to students aged 18 through 21 who in the last educational placement prior to their incarceration in an adult correction facility were not actually identified as being a child with a disability and who did not have an IEP. 34 CFR 300.311(a)
A screening must be conducted by education staff to determine the student's academic, social, and behavioral needs and to determine if there is a need for an appropriate educational evaluation.
Services At No Cost to Parents
If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child. 34 CFR 300.302
A pupil's district of residence is responsible for assuring that an appropriate program is provided for all eligible pupils placed by the district's team within the district or in an out-of-district placement regardless of the method or location of instruction used. Minn. R. 3525.0800, subp.1
Availability Of Physical Education Services
Physical education services, specially designed if necessary, must be made available to every child with a disability. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless the child is enrolled full time in a separate facility or the child needs specially designed physical education as prescribed in the child's IEP. If specially designed physical education is prescribed in a child's IEP, the district responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided other programs. 34 CFR 300 307
Each district will ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. This continuum must include the alternative placements such as instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions as well as make provision for supplementary services such as a resource room or itinerant instruction to be provided in conjunction with regular class placement.
Special instruction and services for children with a disability must be based on the assessment and IEP plan. The continuum of instruction and services may be provided by one or more of the following methods:
in connection with attending regular school classes'
establishment of special classes;
in the home or bedside of the child;
in other districts;
instruction and services by special education cooperative centers, or in another member district of the cooperative center to which the resident district of the child with a disability belongs;
in a state residential school or a school department of a state institution approved by the commissioner;
by contracting with public, private or voluntary agencies;
in other states;
by contracting with public, private or voluntary agencies;
for children under age five and their families, programs and services established through collaborative efforts with other agencies;
for children under age five and their families, programs in which children with a disability are served with children without a disability;
any other method approved by the commissioner.
The primary responsibility for the education of a child with a disability must remain with the district of the child's residence regardless of which method of providing special instruction and services is used. If a district other than a child's district of residence provides special instruction and services to the child, then the district providing the special instruction and services must notify the child's district of residence before the child's individual education plan is developed and must provide the district of residence an opportunity to participate in the plan's development. The district of residence must inform the parents of the child about the methods of instruction that are available.
Indirect services means special education services which include ongoing progress reviews; cooperative planning; consultation; demonstration teaching; modification and adaptation of the environment, curriculum, materials or equipment; and direct contact with the pupil to monitor and observe. Indirect services may be provided by a teacher or related services professional to another regular education teacher, special education teacher, related services professional paraprofessional, support staff, parents, and public and nonpublic agencies to the extent that the services are written in the pupil's IEP or IFSP. M. R. 3525.0200 Subp. 8c
Direct services means special education services provided by a teacher or a related services professional when the services are related to instruction, including cooperative teaching. M.R: 3525.0200 Subp. 2b Also see information under Related Services
| Key Topics: When is Extended School Year Service Needed What Extended School Year Service Is Not ESY Criteria ESY Service Examples |
As part of the development and content of an annual IEP, the team must discuss ESY needs at each annual IEP and/or periodic review. An Extended School Year (ESY) is not the same as summer school. ESY is a mandatory extension of special education services to learners with a disability over the summer months. Although the specific reason for providing ESY vary from learner to learner, the need arises when the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education. The district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.
If the team determines that ESY is appropriate based on the above criteria, then the team needs to determine the amount and type of service for summer that is appropriate to maintain performance on IEP goals. It is the responsibility of the special education service provider to document student progress on IEP goals and objectives on a regular basis throughout the IEP year. The IEP team will determine the specific IEP goals and objectives where skill regression/recoupment or self-sufficiency criteria have been documented or is predicted. Present level of performance at the end of the school year should be preserved and used as a baseline for those student's who may be considered for ESY.
When is Extended School Year Service Needed?
Schools are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education. M.R. 3525.0755
Definitions
Level of Performance. Means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in progress measurements. 3525.2810,subp.1,A,9.
Regression. Means a significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the pupil's IEP, that occurs during a break in instruction.
Recoupment. Means a pupil's ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.
Self-Sufficiency. Means the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a pupil requiring a functional curriculum. To attain self sufficiency, a pupil must maintain skills consistent with the pupil's IEP goals in any of these skill areas:
basic self-help, including toileting, eating, feeding, and dressing;
muscular control;
physical mobility;
impulse control;
personal hygiene;
development of stable relationships with peers and adults;
basic communication; or
functional academic competency, including basic reading and writing skills, concepts of time and money, numerical or temporal relationships.
At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.
A. There will be significant regression of a skill or acquired knowledge form the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;
B. Services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill; or
C. The IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure that pupil receives a free appropriate public education.
Sources of Information for IEP Team Determination
The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:
Prior observation of the pupil's regression and recoupment over the summer;
Observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and
Experience with other pupils with similar instructional needs.
Other Factors to be Considered
In making its determination of ESY needs the IEP team must consider the following factors, where relevant:
The pupil's progress and maintenance of skills during the school year.
The pupil's degree of impairment;
The pupil's rate of progress;
The pupil's behavioral or physical problems;
The availability of alternative resources;
The pupil's ability and need to interact with nondisabled peers;
The areas of the pupil's curriculum which need continuous attention; or
the pupil's vocational needs.
What Extended School Year Service Is Not:
An individual decision. Parents or staff alone cannot determine the need for extended year service. The IEP team needs to agree on this issue as on other programming and service issues.
Respite or day care for families who need or would like those services.
A continuation of the entire special education services or program as written in the IEP.
Summer school. Summer school is permissive and meant to remediate, reinforce, or enrich. Extended year service is meant to retain skills to allow for benefit from a "free appropriate public education".
For only the severely handicapped. Although it is most likely that students with more severe handicaps experience problems with regression, recoupment, or self-sufficiency, other students with handicaps could experience significant programs in these areas also.
To make up credits for failed classes.
To be considered for content area classes that are over after the year or semester. For example, students may lose skills learned in a science or health class, but these are not skills that are indicators of basic self-sufficiency.
The following are some examples of possible ESY service provision. They are not all inclusive as each ESY decision must be made based on the individual needs of the child.
Skill Maintenance Activities- These are written descriptions of activities for parents or other caregivers to provide for the student on a regular basis over the summer break. The activities will be written by the student's school year service providers. Examples might include: parent directed activities to involve the student in when grocery shopping, guidelines for parents to follow when reading to the student, suggestions of community activities and other guidelines for parents to assure necessary skill practice.
Skill Maintenance Packets/Kits- These are school materials prepared and organized for the parent or caregiver to use on a regular basis over the summer break. The materials will be prepared and directions written by the student's school year service providers. Examples might include:worksheets, flashcards, books, computer software, writing assignments, reading assignments, fine motor activities, and social skill activities.
Licensed Staff Telephone Consultation-This service would typically be in addition to use of skill maintenance activities and/or packets. A licensed special education teacher would be available for phone consult regarding use of the activities or packets at specifically scheduled intervals throughout the summer break. Licensed staff telephone consultation could be available to the parent, caregiver, or to some community agency or facility working with that student. Examples might include: arrangements made between a parent and a teacher for a regular bi-weekly pone call to review activities, arrangements between the parent and the summer rec. program to have a phone consult with an D/APE teacher on a regular basis, arrangements between the parent and teacher to talk bi-weekly for social skill activity suggestions, arrangements between the parent, daycare provider, and teacher for regular consults regarding social skill and behavior management strategies.
Licensed Staff In-Person Consultation- This service would involve planned and pre-scheduled consultation sessions provided to parents, caregivers, or a community facility or agency. The teacher would schedule consultation sessions throughout the summer to assist parents and caregivers in providing skill practice opportunities to the student. Examples might include: arrangements for summer rec. staff to schedule consultation with an D/APE teacher when new activities are planned, arrangements between the parent and daycare provider to meet with a licensed teacher on a regular basis to plan and review skill maintenance activities.
Licensed Staff Direct Skill Maintenance Sessions- This service would require parents and the school year staff to design specific skill practice lessons for the student throughout the summer break. The length of the skill maintenance session times must be based on the minimum of practiced needed to maintain a student's performance level on the specific skills determined eligible for ESY service. This service would typically be in addition to the parent providing regular practice of skills through use of practice activities, packets, or consultation services. Examples might include: arrangements for a teacher to meet with the student in a supervised location to collect data on a students performance level following a practice session. School year service providers will design and provide materials for the practice sessions.
Other Specific Maintenance Activities As Developed By The IEP Team
"Early Intervention Services" means services provided in conformity with an individualized family service plan that are designed to meet the special developmental needs of a child with a disability and the needs of the child's family related to enhancing the child's development and that are selection in collaboration with the parent. These services include core early intervention services and additional early intervention services. "Early intervention services" means services provided in conformity with an individualized family service plan that are designed to meet the special developmental needs of a child eligible under Code of Federal Regulations, title 34, part 303, and the needs of the child's family related to enhancing the child's development and that are selected in collaboration with the parent. These services include core early intervention services and additional early intervention services including assistive technology devices and assistive technology services, audiology, family training, counseling, and home visits, health services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational and physical therapy, psychological services, service coordination services, social work services, special instruction, speech-language pathology and transportation and related costs.
District Obligation for Special Instruction and Services for Families
The district shall ensure that children with disabilities under age five and their families are provided special instruction and services appropriate to the child's level of functioning and needs.
The following are types of services included under "early intervention services":
assistive technology devices and assistive technology services
audiology
family training, counseling and home visits
health services
medical services only for diagnostic or evaluation purposes
nursing services
nutrition services
occupational therapy
physical therapy psychological services
service coordination services
social work services
special instruction
speech-language pathology
transportation and related costs
vision services
| May 2009 Q & A: Truancy The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about truancy. |
The interagency early intervention committee (IEIC) in each ASEC county have developed and implemented interagency policies and procedures concerning the following ongoing duties:
assure the development of individualized family service plans for all eligible infants and toddlers with disabilities from birth through age two, and their families, and individual education plans and individual service plans when necessary to appropriately serve children with disabilities, age three and older, and their families and recommend assignment of financial responsibilities to the appropriate agencies; and
implement a process for assuring that services involve cooperating agencies at all steps leading to individualized programs. Minn. Stat.125A.30 (b)(4) & (6)
Appropriate program alternatives to meet the special education needs, goals, and objectives of the pupil must be determined on an individual basis. Choice of specific program alternatives must be based on the pupil's current levels of performance, pupil special education needs, goals, and objectives and written in the IEP. Program alternatives are comprised of type of services, setting in which services occur, and amount of time and frequency in which special education services occur. A pupil may receive special education services in more than one alternative based on the IEP or IFSP.
There are two types of special education services: services provided directly and services provided indirectly. Minn. R. 3525.2335 subp. 2(A)
The school may provide direct or indirect special education services by district special education staff to a pupil attending a community-based program. The school may contract for special education services with a community-based program if the program meets State rules.
Respite services for an eligible child and family must be determined in the context of the IFSP development based on the individual needs of the child and family and with consideration given to the following criteria:
severity of the child's disability and needs;
potential risk of out-of-home placement for the child if respite services are not provided;
parental lack of access to informal support systems, including, but not limited to, extended family, supportive friends, and community supports;
presence of factors known to increase family stress, including but not limited to, family size and presence of another child or family member with a disability;
the availability of other public services provided to the family that assist the parent or primary caretaker in obtaining relief from caretaking responsibilities; and
the perceived and expressed level of need for respite services by the parent. Minn. State. 125A34
Early Childhood Stretch Calendar
To meet the needs of infants and young children with special needs as well as their families, we as special educators need to provide support to families and their children throughout the year. The basic concept behind the "stretch calendar" is that a traditional school district calendar (K-12 nine month calendar) is stretched in some form over twelve months.
ASEC Stretch Calendar Concepts
The stretch calendar (ECSE contract agreement) runs July 1 through June 30 of the school year.
Fifteen days are pulled out of the traditional K-12 calendar for ECSE staff to work during the summer months. This means that 15 traditional school days are taken off to allow staff to put those 15 days into summer services.
Generally, six days are worked in June, 6 in July, and 6 in August.
Summer services are available to all children and families and consist of home visits as well as programming in community based settings (swimming pools, parks, neighborhoods, etc.). A traditional summer school program is not offered.
Summer programming is used as a time to help families transition from home visits to center based programming.
ASEC is committed to providing early childhood special education services in the least restrictive setting appropriate. To that end services for young children will be provided through a variety of options for the families to choose from, including but not limited to:
The home environment
Day care settings
Head Start
Early Childhood Family Education Programs
Learning Readiness Programs
Early Childhood Special Education Center Based Programs
Others, as appropriate
All services, including related services necessary for the implementation of the child’s IEP/IFSP will be provided in whatever setting is most appropriate.
The district provides related services to assist learners with disabilities to benefit from special education. "Related services" means any specially designed services not provided by regular education or special education instruction to meet the unique needs of a learner with a disability to benefit from the educational program. The term, related services, includes: audiology; assistive technology devices and services; counseling services, including rehabilitation counseling; early identification and assessment of disabilities in learners; medical services for diagnostic or evaluation purposes; music therapy; occupational therapy; orientation and mobility training; parent counseling and training; physical therapy; psychological services; recreation; school health services; social work services in the schools; speech pathology; transition services; transportation; braillists; interpreter services; program support assistants; pupil support assistants; other similar services. (34 CFR 300.16)
In Minnesota, a related service is not a primary special education service. In order for a student to receive OT or PT, the student must be identified as a special education student and both demonstrate a need for special education instruction and demonstrate a need for supplementary or complementary support services. These services must relate to primary educational goals. It should be noted, however, that in the birth to three population, the student's primary needs may be in the motor area, and the therapist may be the primary service provider.
Generally, the need for a related service will only become apparent after a learner’s IEP team has reviewed the IEP’s goals and objectives and has determined a lack of progress on the part of the learner or a need for additional support in order to continue progress on the goals. Related services are not determined prior to special education eligibility; therefore, a related service assessment will not likely take place during an initial assessment.
Based on the student's strengths and weaknesses which were identified within the present levels of performance areas, the team must formulate corresponding statements of education need. As members of the educational team, occupational therapists and physical therapists share responsibility for helping to identify these needs. Best proactive asserts that great care and collaboration should take place among team members when writing need statements since they are the rationale for developing goals and objectives, and ultimately for determining the appropriate array of necessary services.
Thoughtfully written needs are based on the team's analysis of the student's functioning, taking into account the skills the child has, the potential to learn, the educational environment, and limitations that are unlikely to be remediated. Need statements should focus on identifying the specific school tasks or activities the team wants the child to perform, given instruction/intervention or adaptations/accommodations. As team members, therapist should strive to replace discipline specific jargon with practical, school referenced terms to assure meaning and educational relevance.
It is inappropriate to designate that a child requires a specific service in a need statement (e.g., "needs occupational therapy", "needs physical therapy"). It is also improper to define methods of intervention as an educational need (e.g., "needs sensory integration", "needs strengthening activities"). Although the student may require specific adaptations in order to perform a task (e.g., foot braces for walking, enlarged print for reading), they should be referenced in the accommodation/modifications section of the IEP rather than referenced in a need statement. Another error can occur when terms such as "improve", "increase", "maintain", "reduce", etc are incorporated, giving the impression of a goal rather than a need statement (e.g. "needs to write legibly" instead of "needs to improve handwriting"). These examples represent layers of ambiguity and short-sightedness. Teams can avoid these pitfalls when writing need statement by continually probing, :What does the child need to be able to do?" or asking "Why does the child need this?". An educational need that is written well targets a specific school task or activity, allows consideration of a broad array of intervention and/or accommodations, and promotes "ownership" by members of the team and can be transformed easily into a goal by adding phrases of directional change and measurable behaviors or outcomes.
The IEP for each child must include a statement of annual goals, including short-term instructional objectives or benchmarks. Goals and objectives ideally should be developed by the team and not by individual disciplines. The goals and objectives in the IEP should focus on offsetting or reducing the problems resulting from the child's disability that interfere with learning and education performance in school. An annual goal cannot be developed in isolation by a therapist. The therapist should assist in the development of short-term objectives that support attainment of the annual goals.
There are several options for the delivery of therapy service in an education setting, all of which are based on the identified student's needs as determined through the IEP/IFSP process. The team will collaborate on the most beneficial service delivery option. This is based on the student's needs. Services should be flexible as they need to change as the student's needs change.
In Minnesota, special education services are defined as indirect, direct or accommodations. While the services are different, one should not be valued more highly than another, as the type of service is determined by the student's needs.
The following definitions are taken from Minnesota Rules and apply to all special education services. Examples specific to therapy follow.
Direct Services means special education services provided by a teacher or a related services professional when the services are related to instruction, including cooperative teaching.
Direct service is appropriate when:
it is anticipated that the student's rate of change will require continuous modification of the treatment objectives,
the student requires interventions that cannot be easily provided by others,
the therapist needs to work directly with the child for a short time in order to identify strategies that can be implemented by others.
Indirect services means special education services which include:
ongoing progress reviews,
cooperative planning,
consultation,
demonstration teaching,
modification and adaptation of the environment, curriculum, materials or equipment, and
direct contact with the pupil to monitor and observe.
Indirect services may be provided (to the extent that the services are written in the student's IEP or IFSP) by a teacher or related services professional to:
another regular education teacher,
special education teacher,
related services professional,
paraprofessional,
support staff
parents, and
public and nonpublic agencies.
Intervention will be most beneficial when provided in the student's natural settings and when goals and objectives are integrated into the student's daily routine. This can be accomplished whether indirect or direct service is selected.
Indirect service is chosen when the intervention can be taught to other staff working with the student, but requires regular input of the therapist. Examples of indirect intervention include working with the student and paraprofessional on eating skills during lunch or snack times, on writing/computer skills during class time, and on mobility skills during transitions within the home/classroom/work setting or around the building/community, and teaching the paraprofessional to work with the student in these settings.
Direct intervention is chosen when a therapist is the only one qualified to provide the intervention. An example of direct intervention is helping a student regain educationally related functional skills following traumatic brain injury.
Minnesota Rules require that the school district provide a student with reasonable accommodations or modification in programs. These are stated in the accommodations/modifications section of the IEP and also are stated on the IFSP. The adaptations include:
|
|
|
|
|
|
|
|
|
|
|
|
|
Accommodations include physical and occupational therapy services that are not defined as direct or indirect, but are determined by the team to be necessary to meet the student's instructional needs which occur on an infrequent or incidental basis. Examples include providing incidental information regarding environmental access, providing equipment for daily cares (toileting, eating), and providing evacuation plans. Frequently there is need for technical assistance from the therapist during transitions to new settings. Therapist who describe their service under the accommodations/modifications section of the IEP should continue to assure that their name and title as a team member be recorded on the front page of the IEP.
Therapists bring unique skills and provide important service to student is the educational setting. It is essential to realize, however, that a student's therapy service will change in type and duration or be discontinued altogether depending on the student's educational needs. When students are served in natural education settings such as home, daycare, classroom, workplace, etc., frequent practice of skills can occur and other educational personnel and caregivers can observe and learn how to provide guidance and assistance when the therapist is not present. This integration of activities into the student's daily routine shifts the focus of therapy from amounts and types of service to attainment of functional skills, which will ultimately enhance a child's educational experience.
Discontinuation of OT or PT Intervention
Therapy may be discontinued for a variety of reasons and the decision to discontinue should be made on a case by case basis. Discontinuation should occur when:
the student no longer qualifies for special education,
the student has successfully accomplished the goals and objectives and has no new needs,
the student no longer needs intervention to accomplish educational goals and objectives,
the student's needs are being met by other educational staff,
the educational setting or program has changed and the student is functional in the setting/program,
the student graduates, having successfully completed graduation requirements, or the student exceeds the age of 21,
the student's performance in the educational setting remains unchanged despite multiple interventions by therapists.
ASEC schools generally use a consultation service model. The therapist supports the teacher, other staff, and/or parents regarding pupil specific issues but is not the primary provider of service. The therapist’s involvement may include assisting teachers, other staff and parents to understand and adapt to the pupil’s disability; providing suggestions for modifications of educational materials and environment; and/or monitoring pupil’s progress.
The team will use the related service provider as another resource for carrying out the educational goals. Related service providers do not write separate goals, rather their expertise is linked to objectives which are intermediate steps toward accomplishing instructional goals in the IEP. Related services do not appear as separate or distinct goal areas, but are subordinate to instructional goals. For example an OT or DAPE person would not write specific goals, rather the need for their support service would be identified through the educational goals and outlined through the objectives for that goal.
Difference Between Occupational Therapy, Physical Therapy, and Developmental/Adapted Physical Education
The adapted physical education teacher, occupational therapist (OT) and physical therapist (PT) share many commonalties in their professional roles and concerns. One primary distinction is that physical education is an educational service mandated for handicapped children, with adapted physical education being provided when the child’s ability to participate in regular physical education classes is impaired. Occupational therapists and physical therapists have medically based training and experience; their services are mandated only if "required for the handicapped child to benefit from special education".
While all three professions are involved with remedial motor programs, the adapted physical education teacher usually works on a skill level designed to achieve success in the physical education curriculum. The focus of DAPE is on the acquisition of knowledge, abilities, and skills developed through the physical education curriculum. Alternative instruction, specially designed activities, and adaptation of equipment are undertaken to foster success in the physical education setting.
OT and PT may be differentiated from DAPE in that the therapies work on underlying sensory, neurodevelopmental and motor processes that support the development of skills. The focus is more on nervous system functioning as it relates to motor output than on specific skill development. OT and PT also focus on function in non-physical education areas, looking at the student in the total educational environment.
Educationally Related Therapies Versus Clinical Therapies
Therapy services provided in the public schools are different than those provided in clinical settings. The major differences are the intent, location and approach. Therapy services provided in an educational setting use a team approach to help students benefit from educational services.
In the schools, therapy services are not isolated from the educational program. A student’s IEP would not simply list therapy services to be provided, such as range of motion, adaptive devices or transfer skills. Therapy services have to be related to the educational needs. Anticipated or an actual lack of effectiveness of the special physical education program or special education classroom instructional program may be an indicator of a need for therapy services. For example, both the occupational therapist and the physical therapist can provide expertise in the areas of motor development, positioning and adapting the environment. The physical therapist works in conjunction with a physician with children who most often have a physical dysfunction. The PT generally has additional expertise in gross motor skills, posture, ambulation, cardiorespiratory functioning, joint mobility and muscle strength. The OT generally has additional expertise in fine motor, perceptual motor, and sensory motor skills, sensory integration and environmental and equipment adaptations to increase participation in functional daily activities (e.g., feeding, dressing, writing, organizational skills, hygiene, vocational skills and homemaking).
A student may have therapy needs that are most appropriately met outside the educational setting. This may occur when the need for intense therapy service is so significant that it becomes the student’s primary need or when the therapeutic outcome is not expected to have significant impact on educational performance.
Services to students with disabilities enrolled in non-public schools are delivered by the public school if the parents make the child available for the services. Parents who seek special education services must be provided the opportunity to participate in the assessment process, IEP development, and placement decision relating to their child. The student's general education teacher must be a part of the student's IEP team and participate in the development of the student's IEP. If a parent disputes one or more issues within the assessment, IEP, or placement decision, all dispute resolution procedures available to parents of students enrolled in public schools are available to parents of students enrolled in non-public schools.
A school district may provide special instruction and services at the nonpublic school building, a public school, or at a neutral site other than a nonpublic school. The school district shall determine the location at which to provide services on a student-by-student basis.
The district must provide necessary transportation for a private school student with a disability within the district from the nonpublic school or home to the educational facility where special instruction and services are provided on a shared time basis. If a resident pupil with a disability attends a nonpublic school located in another district and if no agreement exists for providing special instruction and services on a shared time basis to that pupil by the district of residence, the district of residence must provide necessary transportation for that pupil between the boundary of the district of residence and the educational facility. The district of residence may provide necessary transportation for that pupil between its boundary and the nonpublic school attended, but the nonpublic school must pay the cost of transportation provided outside the district boundary. MN Stat. 125A.18
Services Required by Section 504
Accommodations for students with disabilities who are eligible under Section 504 of the Vocation Rehabilitation Act of 1973 are required of the school that provides the general education instruction and services for a student. Public schools are not obligated to provide Section 504 accommodations to students in non-public schools. Non-public schools are obligated to provide Section 504 accommodations if the non-public school receives federal funding for any program or service. Non-public schools may be required to provide reasonable accommodation to their students under the state Human Rights Act. There are no state or federal resources available to the non-public school to provide any required accommodations.
The district in which a facility is located, must provide regular education, special education or both, to a pupil or regular education student in kindergarten through grade12 placed in a facility or the student’s home for care and treatment. (M.R. 3525.2325, Subp.1)
Education services must be provided to a pupil with a disability or a general education student who is:
Prevented from attending the pupil’s normal school site for 15 consecutive days; or
Predicted to be absent from the pupil’s normal school site for 15 consecutive days according to the placing authority (i.e., medical doctor, psychologist, psychiatrist, judge or other court-appointed authority); or
Health Impaired and in need of special education and predicted by the IEP team to be absent from school for 15 intermittent days.
The pupil shall begin receiving instruction as soon as practical under treatment conditions. Special education services must be provided as required by the learner’s IEP, and to the extent that treatment conditions allow the learner to participate. Placement for care and treatment does not of itself require special education placement.
A placement for care and treatment is a short-term placement if the anticipated duration of the placement is less than 31 school days. The school district must begin to provide instruction to the pupil or regular education student immediately after the student is enrolled in the program. If the student is enrolled in the educational program without an education record or IEP, the district's procedures must include immediate phone contact with the home school to see if the regular education student has been identified as disabled.
A placement made for care and treatment is long term if it is anticipated to extend beyond 30 school days. The pupil or regular education student must receive educational services immediately upon enrollment in the education program.
All due process rights and timelines remain in effect when a pupil with a disability is placed for care and treatment.
The Pupil Fair Dismissal Act applies to all pupils both regular and special education.
Suspension means an action by the school administration, under rules promulgated by the school board, prohibiting a pupil from attending school for a period of no more than ten consecutive school days. If a suspension is longer than five days, the suspending administrator must provide the superintendent with a reason for the longer suspension. This definition does not apply to dismissal from school for one school day or less, except as provided in federal law for a student with a disability. The school administration may not impose consecutive suspensions against the same pupil for the same course of conduct, or incident of misconduct, except where the pupil will create an immediate and substantial danger to self or to surrounding persons or property, or where the district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of 15 days.
Team Responsibilities
In the case of a student with a disability, the student's IEP team must meet immediately but not more than ten school days after the date on which the decision to remove the student from the student's current education placement is made. The IEP team shall at that meeting: conduct a review of the relationship between the child's disability and the behavior subject to disciplinary action; and determine the appropriateness of the child's education plan. The requirements of the IEP team meeting apply when the parent request a meeting; the student is removed from the student's current placement for five or more consecutive days; or the student's total day of removal from the student's placement during the school year exceed ten cumulative days in a school year. The school administration shall implement alternative educational services when the suspension exceeds five days. A separate administrative conference is required for each period of suspension. MN STAT 121A.41 sub 10
Alternative Educational Services
Alternative educational may include, but are not limited to, special tutoring, modified curriculum, modified instruction, other modifications or adaptation, instruction through electronic media, special education services as indicated by appropriate assessment, homebound instruction, supervised homework, or enrollment in another district in in an alternative learning center.
The district may order make a change in placement of a student with a disability to an appropriate interim alternative educational setting, another setting, or suspension for not more than 10 school days using the same placement policies as apply to student's without disabilities. The alternative educational service selected must allow the pupil to progress toward meeting graduation standards. (M.S. 127.27 Subd.11) The setting, which is determined by the IEP team, must enable the continuation of:
participation in general curriculum, although in another setting;
receipt of IEP services and modifications to meet identified goals set in the IEP, and
include services and modifications designed to address the behavior so it will not recur.
Districts are encouraged by the state to establish alternative educational services within school buildings or at alternative program sites that offer instruction to students.
A student with a disability may be suspended for more than ten cumulative days in a school year, however the student may file a complaint alleging a pattern of systematic exclusion beginning on the 11th cumulative day of suspension in a school year.
Alternative Educational Setting
A district may unilaterally order change in placement for not more than 45 school days if a student carries a weapon to school or school function or knowingly possesses or uses illegal drugs, sells, or solicits sale of controlled substances at school or school function or has inflicted serious bodily injury upon another person while at school, on the school premises or at a school function.
The term "dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for or is readily capable of causing death or serious bodily injury, except it does not include a pocket knife with a blade of less than 2 1/2 inches in length. (18 U.S.C. 930 (g)(2))
The term "controlled substance" means a drug or other substance such as marijuana, cocaine, heroin, amphetamines, and anabolic steroids.
Serious bodily injury means bodily injury that involves one or more of the following:
a substantial risk of death;
extreme physical pain;
protracted and obvious disfigurement; or
protracted loss or impairment of the function of a bodily member, organ or mental faculty, or other injury to the body, not mater how temporary.
The district may seek an expedited hearing if it believes that maintaining the current placement is substantially likely to result in injury to the student or others. A hearing officer may order change in placement for not more than 45 days if the district is able to substantiate its position by "substantial evidence". The setting, which is determined by the IEP team, must enable the continuation of:
participation in general curriculum, although in another setting;
receipt of IEP services and modifications to meet identified goals set in the IEP, and
include services and modifications designed to address the behavior so it will not recur.
Bus Suspension of Students with Disabilities
Whether a bus suspension would count as a day of suspension depends on whether transportation is a part of the child's IEP.
If transportation is a part of the child's IEP a bus suspension would be treated as a suspension unless the school provides the bus service in some other way.
If transportation is not a part of the child's IEP, a bus suspension would not be considered a suspension. In those cases, the parents would have the same responsibility to get the child to and from school as a nondisabled child who had been suspended from the bus.
When considering the use of suspension with student's with an IEP, districts are strongly encouraged to consult the director or assistant director of special education as a series of short-term suspensions in the same school year could constitute a change in placement. |
If a disciplinary action is contemplated that would place a student in an appropriate interim alternative educational setting, another setting or suspension, the IEP team and other qualified personnel are required to meet within 10 days of the action to make a manifestation determination.
The team is required to review all relevant information in the student's file
The students:
Current IEP;
Most recent school evaluation/reevaluation;
Most recent Functional Behavioral Assessment (FBA);
Current behavior plan;
Any additional information provided by the student's parent/guardian.
The team is required to determine that the behavior of the student was not a manifestation of the student's disability only after the IEP team considers all relevant information including:
If the conduct in question was caused by or had a direct and substantial relationship to the student's disability
OR
If the conduct in question was the direct result of the district's failure to implement the IEP.
If the team answers affirmatively to either question, the conduct should be determined to be a manifestation of the student's disability.
If the determination is made that the behavior is not a manifestation of the student's disability, the student may be disciplined like any other student. If the parent disagrees with this conclusion, they must be informed that they can request an expedited hearing. The district arranges the expedited hearing and a hearing officer makes the final determination.
| The new manifestation test reaffirms the importance of staff documentation. Team members need to ensure that their documentation demonstrates implementation of the student's IEP and behavior plan, particularly with students who engage in frequent acts of misconduct. Further guidance can be obtained from Addressing Challenging Student Behavior:Functional Behavioral Assessment and Positive Behavior Support. |
A district administrator may develop an readmission plan for a student who has been suspended. An admission or readmission plan must be developed for any student who is excluded or expelled from school. The plan shall include where appropriate, a provision for implementing alternative educational services upon readmission and may not be used to extend the current suspension. It is not appropriate to require attendance of a parent at a readmission prior to readmitting the student.
A district has been able to remove a dangerous student from school through a restraining order obtained in state or federal court. The district has the option of seeking a court order at any time to remove the student from school or to change the student’s placement if the district believes maintaining the student in the current educational placement is substantially likely to cause injury. In such a proceeding the burden is on the school district to demonstrate to the court that such a removal or change in placement should occur to avoid injury.
In addition, schools now have the option of removal of dangerous students through an expedited hearing. This mechanism can also be used to change the "status quo" or "stay put" placement of the student when a parent challenges the removal action. The district may request a hearing officer review the case. The hearing officer will consider:
Whether the district has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others;
Whether the student's current placement is appropriate;
Whether the district has made reasonable efforts to minimize the risk of harm tin the student's current placement, including the use of supplementary aids and services; and/or
whether the proposed interim alternative education meets the requirement of law.
The IEP team must select the alternative placement;
The interim setting must enable the student to continue to participate in the general curriculum;
The program must continue to include services and modifications, including those described in the current IEP, to enable the student to meet the goals set out in the IEP; and
The team must include the services and modifications designed to address the misbehavior which led to the temporary change in placement.
When considering the use of Exclusion or Expulsion with Learners with an IEP, Districts are strongly encouraged to consult the director or assistant director of special education.
Protections for Students Not Yet Eligible for Special Education
A student who has not been determined to be eligible for special education may assert any of the protections afforded students with disabilities if the district had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred. The determination for basis of knowledge includes:
the student's parent expressed concern in writing (or orally if the parent does not know how to write or has a disability that prevents a written statement) that the student is in need of special education and related services;
the behavior or performance of the student demonstrates the need for such services;
the student's parent requested an evaluation; or
the student's teacher or other school personnel expressed concern about the behavior or performance of the student to the director of special education or to other personnel involved with the districts child find or special education referral system.
The Gun-Free Schools Act requires districts to expel from school for not less than one year a student who brings a firearm to school. This requirement has now been expanded to include other types of weapons as well as drugs. The school board may modify this expulsion requirement for a student on a case-by-case basis. A hearing officer or school official may remove a student who knowingly possess or uses illegal drugs, sells or solicits the sale of controlled substances at school or a school function or who carries weapons to a school or school function.
Definition of weapon-"a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such a term does not include a pocket knife with a blade of less than 2 1/2 inches in length.
To comply with IDEA, the IEP team for a student with a disability must make a determination on whether the bringing of drugs or weapon to school was a manifestation of the disability. Such a student may be expelled only if this group of persons determines that the action was not a manifestation of the student’s disability. The team decision must be documented on the Manifestation Determination form and signed by the parent.
The district has flexibility in protecting the safety of other students when any student with a disability has brought a weapon to school. Even before determining whether the behavior was a manifestation of the student’s disability, the district may place the student in an interim alternative education setting for up to 45 calendar days. If the team is unable to meet in a timely manner or there is reasonable concern for the safety of other students, the district has the option of removing the student from school, using other in-school discipline, or placing the student in an alternative setting for ten school days or less.
The interim alternative educational setting must be decided by the student’s IEP team, which includes the student’s teacher, an individual qualified to provide or supervise the provision of special education services, the student’s parents, and the student, if appropriate. However, the student’s placement cannot be changed until the team has been convened and determined the appropriate interim alternative educational placement. If a parent or guardian requests a due process hearing, the student shall remain in the alternative educational setting until the completion of all proceedings, unless the parents and the district agree to another placement.
Sharing Disciplinary Information With Other Districts
When student records are requested by another district due to the child with a disability enrolling in the other district, the sending district may include, along with the IEP, a statement of any current or previous disciplinary action taken against the child. The district may share any current or previous disciplinary action that has been taken against the child and transmit a statement in the same manner and to the same extent that such disciplinary information is stated in the student records of nondisabled children. The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.