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My son is in third grade and has Aspergers. Right before Christmas,

we received his ISTEP scores and he failed Math and Reading. He

actually does well in school receiving mostly A's and B's with some

C's which, I know, doesn't make sense.

Has anyone had luck getting the school to pay for private or outside

tutoring or with Reading Program or Sullvan?

I appreciate any of your thoughts.

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My

son is in third grade and has Aspergers. Right before Christmas,

we received

his ISTEP scores and he failed Math and Reading. He

actually

does well in school receiving mostly A's and B's with some

C's which, I

know, doesn't make sense.

Has anyone

had luck getting the school to pay for private or outside

tutoring or

with Reading Program or Sullvan?

I appreciate

any of your thoughts.

***********Hi , my son is 12 and has

had problems with reading and math. He is now a very advanced reader and

consumes books. However, in first grade he needed Reading Recovery. He was

taught site reading and just did not get it until he understood phonics. I have

heard the program called ‘At Last a Reading Method for Everyone’ by

Pecci is very good (do internet search. I have also heard of but I

don’t know much about it. I do not think the school will pay for outside

tutoring. However, you should insist they work with him individually, or with

no more than 2 other kids. We did this for math, and the school did do this.

Ask them if they have the Touchmath program. www.touchmath.com

This was recommended by a Learning

Specialist and is a great program. It is clear and consistent. Whatever they do

should be carried over to next year, no jumping around like they usually do. Because

your son failed the testing, they must do something, and possibly would pay for

outside tutoring if they can’t arrange a program in the school. I am

still picking up the pieces of inconsistent programs and modern math in the Ps.

My son is Home Schooled and has come a long way in math. He works at a snails

pace but he is getting it. Therefore if the school gets on it with a slow,

steady, specific program your son should also come along. Good Luck, Gail

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I do know from dealing with my other kids who have IEPs that there is a

section in the federal mandate that talks about the school district paying for

private outside tutoring if the school doenst provide what your child needs.

We also have an organization in town that has advocates for children with LD &

other disabilities (called Direction Services) who come with parents to IEP

meetings and know the rules & how to get things done. Maybe you have something

like that in your town...but I know that it is possible.

good luck!

>===== Original Message From " Gail Africa " <lilies@...> =====

>My son is in third grade and has Aspergers. Right before Christmas,

>we received his ISTEP scores and he failed Math and Reading. He

>actually does well in school receiving mostly A's and B's with some

>C's which, I know, doesn't make sense.

>

>Has anyone had luck getting the school to pay for private or outside

>tutoring or with Reading Program or Sullvan?

>

>I appreciate any of your thoughts.

>

>

>

>***********Hi , my son is 12 and has had problems with reading and

>math. He is now a very advanced reader and consumes books. However, in

>first grade he needed Reading Recovery. He was taught site reading and

>just did not get it until he understood phonics. I have heard the

>program called 'At Last a Reading Method for Everyone' by Pecci is

>very good (do internet search. I have also heard of but I don't

>know much about it. I do not think the school will pay for outside

>tutoring. However, you should insist they work with him individually, or

>with no more than 2 other kids. We did this for math, and the school did

>do this. Ask them if they have the Touchmath program. www.touchmath.com

><http://www.touchmath.com/> This was recommended by a Learning

>Specialist and is a great program. It is clear and consistent. Whatever

>they do should be carried over to next year, no jumping around like they

>usually do. Because your son failed the testing, they must do something,

>and possibly would pay for outside tutoring if they can't arrange a

>program in the school. I am still picking up the pieces of inconsistent

>programs and modern math in the Ps. My son is Home Schooled and has come

>a long way in math. He works at a snails pace but he is getting it.

>Therefore if the school gets on it with a slow, steady, specific program

>your son should also come along. Good Luck, Gail

D. Marie Ralstin-

University of Oregon

Graduate Teaching Fellow, Department of Sociology

Native American Event Coordinator, Office of Admissions

717 PLC Hall

Eugene, Oregon 97403

541-346-5071

dralstin@...

d.ralstin@...

http://gladstone.uoregon.edu/~dralstin/

Ending a sentence with a preposition is something up with which we should not

put. - Winston Churchill

When a well-packaged web of lies has been sold gradually to the masses over

generations, the truth will seem utterly preposterous and its speaker a raving

lunatic. - Dresden

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Try IDEA97

Transition and IDEA '97

US Department of Education

Judith Heumann, Assistant Secretary

excerpted from LDA Newsbriefs

Vol. 33, No. 6 - November/December 1998

The 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA '97), PL 105-17, broadened the focus of IDEA from improving access to special education, supports, and services for children with disabilities, to improving results for these children. While many important changes were made to the statute in this regard, some of the most significant changes will affect the way we help students with learning disabilities progress through school and transition from school to post-secondary education and employment. These new provisions compel us to consider more seriously the benefits of strong transition planning for students with learning disabilities, whether they plan to pursue academic courses of study, vocational courses, or a more uniquely designed program of study.

What is transition? IDEA '97 define transition services as a coordinated set activities for a student with a disability that is designed within an outcome-oriented process which promotes movement from school to post-school activities (§602(a)(30)(A)). Through the Individualized Education Program (IEP) process, students, along with other members of their IEP team, design their high school experience to help them attain prerequisite skills needed to move through high school and to achieve post-secondary goals. Moreover, transition planning during the development of the IEP helps identify, when appropriate, those responsibilities of the school and of other agencies that play important roles in connecting a student to post-school options such as community colleges, universities, technical schools, apprenticeships, or business internships.

Experts tell us that students should engage in a wide range of exploratory activities from elementary through high school. These activities help students experience school, community, and the adult world in extremely important ways. Furthermore, researchers have found that students with disabilities learn important lessons about problem solving and relationship building through involvement in school and community activities. Therefore, student experiences while in school, their choice of courses, as well as their interests, skills, opportunity, and abilities help shape life choices and postschool results.

Thus, student school experiences and activities can be strategically and individually planned in the IEP and are based upon the individual student's needs, taking into account the student's preferences and interests (§602(a)(30)(B)). Specific transition strategies that IEP teams use support these experiences and activities and include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation (§602(a) (30)©). (Although the definition of transition remains unchanged in IDEA '97, related services was added to the definition.)

IEP teams plan not only goals for each school year, but also for post-school goals, thereby requiring critical, long-term planning. IDEA '97 requires that we begin earlier, by age 14, to include a statement of the student's transition service needs under the applicable components of the student's IEP that focuses on the student's courses of study. In addition, statements of transition service needs must be updated annually (§614(d)(1)(A)(vii)(I)).

Students and their families, in collaboration with school personnel including general and special education teachers and guidance counselors, will be asked to carefully consider what courses the student will need to reach his or her desired life goals. If the goal is college, as it has become for increasing numbers of students with learning disabilities, an academic course of study to help that student prepare for and be accepted into the college or university that can advance that student's life goals should be considered. If the goal is employment following high school, a course of study that includes business, vocational, or technical education, and work experiences, in addition to required academic courses, should be considered. If post-secondary plans include extracurricular activities, such as NCAA intercollegiate sports, specific core courses should be considered. Other factors, like course spacing over the high school years, is equally important given the rigors of more demanding academic high school courses. The important point here is that, whatever the goal, planning designed to help the student reach his or her life goals must begin early and is a collaborative process.

Other IDEA '97 requirements target high-school age students and their transition planning. As an example, IDEA '97 requires that beginning at least one year before the student reaches the age of majority under state law, the IEP must contain a statement that the student has been informed of his or her rights under IDEA, if any, that will transfer to him or her upon reaching the age of majority (§614(d)(I)(A)(vii)(111)). This is important to transition planning for the majority of students with learning disabilities, as it reinforces the significance of student self-determination as well as student involvement in the IEP process. Furthermore, student self-advocacy skills are critically important when seeking post-secondary services through a process known as self-identification, that is, when a student of majority age is solely responsible for identifying his or her own self to service providers as a person with a disability.

Another perennial issue concerns timely transition planning for student graduation from high school. Although students are entitled to a free, appropriate public education (FAPE) through age twenty-one, states are not obligated to provide FAPE beyond age 18, if it is inconsistent with state law, court ruling, or practice. Furthermore, IDEA does not require a state to provide post-secondary education to any student, regardless of age. Therefore, thoughtful and innovative transition planning, in some cases, may support students working part time during their final year of high school (e. g., in a cooperative education program) as a transition to full-time work. Students may even want to consider co-enrolling in community college and in high school to ease the transition to full-time college-level course work after graduation. In any case, the IEP team should meet, prior to graduation, to determine whether graduation requirements as well as IEP goals and objectives will be met. Again, this provides a final opportunity to assure that requirements for entrance to post-secondary programs have been addressed, that linkages have been developed, and that a student's transition plans are on course.

Other new IEP provisions included in IDEA '97 will help improve academic results for students with disabilities, to make schools more accountable for those results, and ultimately to promote successful transitions. These comprehensive provisions address a wide range of opportunities to improve results for students with learning disabilities. The new IEP requirements will, for example:

Ensure greater access to and participation in the general education curriculum for students. The IEP must include a statement of program modifications, supports, and supplementary aids and services needed for the student to advance appropriately toward attaining the annual goals in the general education curriculum, to be educated and participate with other students with disabilities and students without disabilities, and to participate in extracurricular and other non-academic activities;

Increase student participation in state and district-wide assessments. Students with disabilities will participate in general state and district-wide assessment programs, with appropriate accommodations as needed. A student's IEP must include a statement of any individual modifications in the administration of state or district-wide assessments of student achievement that are needed in order for the student to participate in the assessment. This will help to ensure more public accountability for educational results, and greater accountability for student progress increases the need for everyone to work in collaborative ways, especially during the high school years when transition planning is critical and generally involves multiple school personnel.

Require, to the extent appropriate, the participation of the regular education teachers of the student, as a member of the IEP team, in the development, review and revision of IEPs, including the determination of appropriate positive educational interventions and strategies, supplementary aids and services, and program modifications and support for school personnel that will be provided to assist the student. Regular education teachers now participate, as appropriate, in the IEP process, thus having a significant and collaborative role along with parents, special educators, and the student in deciding what is necessary for a successful school experience;

Ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child; and

Require that parents be regularly informed of their child's progress and the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year. The parents of children with disabilities must be informed of their child's progress at least as frequently as parents of students without disabilities are informed of the progress of their children. By receiving regular reports, parents can assist in determining the extent of their child's progress and consider whether modifications to the student's IEP may be needed.

Finally, there is a substantial federal role that supports state and local school districts in their efforts to provide special education for all students with disabilities, including learning disabilities. The Office of Special Education Programs (OSEP) continues to invest in research that focuses on improving educational results for student with disabilities in ways that coordinate programs of research, technical assistance, model demonstration, outreach, and personnel preparation. The OSEP discretionary grants program identifies effective strategies to support and instruct students in secondary education settings; help students with disabilities access the general education curriculum; assist secondary school personnel in restructuring academic and vocational courses to accommodate students with diverse learning needs; and increase collaboration with other federal, state, and local entities concerned with improving post-secondary and employment results for students with disabilities, including learning disabilities.

Although we have made significant progress in providing for the transition needs of secondary students with disabilities since the initial mandate for transition services in 1990, challenges remain and require our diligence to ensure that each generation of students with disabilities, including learning disabilities, achieves to higher standards and moves through the transition years successfully with the support of a collaborative network of highly skilled teachers, innovative administrators, and most importantly, involved family members.

Can I ask to have the school staff who work with my child go through special training pertaining to my child’s disability? - posted 5/20/2000

Here are the cites to the Individuals with Disabilities Education Act (IDEA 97) that I think are relevant to your question:

IDEA 97 and the regulations implementing it have specific provisions regarding the training of personnel who provide special education and related services. Because the statute recognizes that this training is so crucial, the regulations provide

"The local educational agency must have on file with the state educational agency information to demonstrate that all personnel necessary to carry out Part B of [iDEA] . . . are appropriately and adequately prepared, consistent with the requirements of secs. 300.380-300.382."

Those sections (300.380 thru 300.382) provide that the states must put into place a "comprehensive system of personnel development" which is designed to ensure an adequate supply of qualified personnel. The plan must include a description of how the State will

"Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities . . . ."

"Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of children with disabilities that impede the learning of children with disabilities and others;

"Acquire and disseminate, to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources . . . .

"Recruit, prepare and retain qualified personnel . . . .

§300.555 Technical assistance and training activities.

Each SEA shall carry out activities to ensure that teachers and administrators in all public agencies-

(a) Are fully informed about their responsibilities for implementing §300.550; and

(B) Are provided with technical assistance and training necessary to assist them in this effort.

(Authority: 20 U.S.C. 1412(a)(5))

So, when read together, the regulations provide that the local educational agency must be able to demonstrate to the state educational agency that all personnel (general and special educational personnel) implementing the IEP's are trained in the ways identified in sections 300.380 thru 300.382. LEA personnel must have the content knowledge and collaborative skills to meet the needs of the child, knowledge of appropriate behavioral interventions, and be prepared to provide the education. I think there is no question that the federal government absolutely expects state and local agencies to provide this type of training to regular and special ed teachers. Many families with whom we have had contact have found it beneficial to specifically request staff training to be included in the IEP.

Merino Reisman, Legal Research Director

Your Procedural Safeguards Notice Under the IDEA

300.504 Procedural safeguards notice

(a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents, at a minimum

Upon initial referral for evaluation;

Upon each notification of an IEP meeting;

Upon reevaluation of the child; and

Upon receipt of a request for due process under §300.507.

(B) Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §§300.403, 300.500-300.529, and 300.560-300.577, and the State complaint procedures available under §§300.660-300.662 relating to—

Independent educational evaluation;

Prior written notice;

Parental consent;

Access to educational records;

Opportunity to present complaints to initiate due process hearings;

The child's placement during pendency of due process proceedings;

Procedures for students who are subject to placement in an interim alternative educational setting;

Requirements for unilateral placement by parents of children in private schools at public expense;

Mediation;

Due process hearings, including requirements for disclosure of evaluation results and recommendations;

State-level appeals (if applicable in that State);

Civil actions;

Attorneys' fees; and

The State complaint procedures under §§300.660- 300.662, including a description of how to file a complaint and the timelines under those procedures.

© Notice in understandable language. The notice required under paragraph (a) of this section must meet the requirements of §300.503©.

(Authority: 20 U.S.C. 1415(d))

Put It In Writing

And Get It In Writing

, J.D.

If you only learn one this from our website, manuals and trainings, you should have learned to communicate in writing!

This is actually the Advocacy Tip of the year. If you have learned nothing else from this website or our manuals, you should have learned that you need to make sure your communications with your school and your state education agency are in writing.

This writer is often told by school persons "you are a lawyer and you want it in writing so you can sue." Wrong. In more than 35 years experience with school districts it is the lack of written documentation that leads to lawsuits. Written documentation usually leads toward compliance with the law.

If you interact with your school or state education agency, and they respond but will not "put it in writing" then you should create a document, state that this is what was said to you that day (or as soon after as you can put it in writing), send it certified mail, and also direct that it be placed in your child's permanent file. It certainly qualifies as an "educational record" under the Family Educational Rights and Privacy Act and under the IDEA.

Your creation of a written record will usually cause the school district or state education agency to reconsider their response. Your document should say "the special ed director" or "the state education agency complaint investigator" told me something over the phone today but would not put it in writing. And then state as clearly as you can what they said.

That not only creates a record that they will have to respond to, but it also creates a document that might make all the difference later. We hope you do not end up in court, but this writer has been in many situations where three years later the most important issue in the trial turns out to be the conversation between the parent and the school official. What actually did the parent ask and what actually did the school person tell them? The school person prepares to testify about their recollection (refreshed, of course, by a recent session with the school board attorney) but their testimony is then blocked by one or more of several court rules that the "best evidence" of that conversation is the parent's written memorandum, made contemporaneously at the time of that conversation three years ago. Your document becomes the sole record.

We assume you contract to purchase a number of things for which you keep the receipts, warranty, rebate card, return policy and so forth. You make the seller "put it in writing." Make sure you keep a written record of your interactions with your school over their contract to provide your child a free appropriate public education. Your child is certainly worth it

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IDEA '97 Final Regulations

Subpart C—Services

§300.380 General CSPD requirements.

(a) Each State shall develop and implement a comprehensive system of personnel development that—

(1) Is consistent with the purposes of this part and with section 635(a)(8) of the Act;

(2) Is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel;

(3) Meets the requirements of §§300.381 and 300.382; and

(4) Is updated at least every five years.

(B) A State that has a State improvement grant has met the requirements of paragraph (a) of this section.

(Authority: 20 U.S.C. 1412(a)(14))

§300.380 General CSPD requirements.

(a) Each State shall develop and implement a comprehensive system of personnel development that—

(1) Is consistent with the purposes of this part and with section 635(a)(8) of the Act;

(2) Is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel;

(3) Meets the requirements of §§300.381 and 300.382; and

(4) Is updated at least every five years.

(B) A State that has a State improvement grant has met the requirements of paragraph (a) of this section.

(Authority: 20 U.S.C. 1412(a)(14))

Analysis of Comments, Discussions and Changes from Attachment 1

Comment: A number of comments were received regarding the recruitment and training of hearing officers included as part of CSPD. One comment recommended that §300.380(a)(2) regarding an adequate supply of qualified special education, regular education, and related services personnel be expanded to include hearing officers and mediators.

Some commenters recommended that §300.381 include a provision requiring each state "to establish a council of parents, educators, attorneys, hearing officers, and mediators to develop and oversee the recruitment, training, evaluation, and continuing education of hearing officers and mediators" and to ensure that they receive pre-service training and at least annual in-service training on special education law and promising practices, materials and technology.

A number of commenters indicated that, in order for personnel to be "qualified" under this part or a State's CSPD, "the personnel must meet the State's legal licensing or certification requirements" and "must have the skills and knowledge necessary to ensure that personnel are qualified to work with children with disabilities." Another comment sought clarification regarding use of Part B funds for the training of regular education personnel.

Consistent with the emphasis on implementation, one comment recommended that §300.380(a)(4) be amended to require that a State's CSPD be updated at least every two years, instead of at least every five years, as stated in the NPRM, "and as often as the quality of education for children with disabilities within the State may require." The comment also objected that the regulation provides that States that have a State Improvement Plan under section 653 of the Act have met their CSPD requirements. Therefore, the comment recommended that §300.380(B) be deleted, and instead be replaced with the last paragraph of the note following §300.135, which gives a Statethat has a State Improvement Plan the option of using it to meet its CSPD, if it chooses to do so.

Discussion: States must ensure that mediators and hearing officers are appropriately trained and have the requisite knowledge and expertise regarding the requirements of this part. Otherwise, the due process rights of children with disabilities and their parents may not be adequately safeguarded under this part.

With respect to mediators, section 615(e)(2)(A)(iii) requires that SEA or LEA procedures for mediation ensure that the mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. Section 615(e)(2)© requires the State to maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services to children with disabilities.

Under current regulations, public agencies must maintain a list of impartial hearing officers and their qualifications. Further, the SEA's responsibility under section 615 of the Act to ensure that the procedural safeguard requirements of the Act are established and implemented includes the responsibility to ensure that impartial due process hearing officers are appropriately trained. In addition, §300.370 makes clear that one of the support services for which the Part B funds reserved for State level activities may be expended is the training of hearing officers and mediators.

The comments regarding ensuring that personnel meet State licensing or certification requirements or are otherwise qualified under this part are addressed elsewhere in this attachment in the discussions of qualified personnel and personnel standards. With regard to the training of regular education personnel, consistent with a State's CSPD responsibilities, the State must ensure an adequate supply of special education, regular education, and related services personnel. Further, the training of regular education personnel is necessary to the proper administration of the Act and regulations, including carrying out the Act's LRE provisions, and personnel development is an appropriate expenditure of funds under this part and is one of the support services for which the State level allocation under §300.370 may be expended.

Finally, there is nothing in this part that would prevent a State from updating its CSPD more frequently than at least every five years if the State chooses to do so. Therefore, there is no reason to incorporate the language from the second paragraph of the note following §300.135 in place of §300.380(B), since §300.380(B) gives a State that has a State Improvement plan under section 653 the option of using it to satisfy its CSPD obligations, if the State chooses to do so.

Changes: The section has been retitled "General CSPD requirements."

These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been made to faithfully reproduce the original content of the Regulations.

§300.381 Adequate supply of qualified personnel.

Each State must include, at least, an analysis of State and local needs for professional development for personnel to serve children with disabilities that includes, at a minimum -

(a) The number of personnel providing special education and related services; and

(B) Relevant information on current and anticipated personnel vacancies and shortages (including the number of individuals described in paragraph (a) of this section with temporary certification), and on the extent of certification or retraining necessary to eliminate these shortages, that is based, to the maximum extent possible, on existing assessments of personnel needs.

(Authority: 20 U.S.C. 1453(B)(2)(B))

§300.381 Adequate supply of qualified personnel.

Each State must include, at least, an analysis of State and local needs for professional development for personnel to serve children with disabilities that includes, at a minimum -

(a) The number of personnel providing special education and related services; and

(B) Relevant information on current and anticipated personnel vacancies and shortages (including the number of individuals described in paragraph (a) of this section with temporary certification), and on the extent of certification or retraining necessary to eliminate these shortages, that is based, to the maximum extent possible, on existing assessments of personnel needs.

(Authority: 20 U.S.C. 1453(B)(2)(B))

Analysis of Comments, Discussions and Changes from Attachment 1

Comment: Only a few comments were received regarding this section. Some commenters requested that a provision be added to §300.381(B) "requiring the State to describe the strategies it will use to address personnel vacancies and shortages" identified under that section. Another comment recommended that this section highlight shortages of personnel to do behavioral assessments and programming. Another comment recommended that additional language be included in §300.381 requiring additional recruitment strategies and fiscal arrangements to ensure an adequate supply of qualified personnel.

Discussion: It is acknowledged that it is very important to ensure that appropriately-trained and knowledgeable individuals conduct behavioral assessments of children with disabilities under this part. However, the obligation under §300.381 is a general obligation to analyze State and local needs for professional development, including areas in which there are shortages, to ensure an adequate supply of qualified special education, regular education, and related services personnel under this part. Therefore, the regulation does not identify specific categories of personnel. In addition, States already have the ability to develop additional recruitment strategies and fiscal arrangements if they determine that they are needed to address their particular personnel needs.

Changes: None.

These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been made to faithfully reproduce the original content of the Regulations.

§300.382 Improvement strategies.

Each State must describe the strategies the State will use to address the needs identified under §300.381. These strategies must include how the State will address the identified needs for in-service and pre-service preparation to ensure that all personnel who work with children with disabilities (including both professional and paraprofessional personnel who provide special education, general education, related services, or early intervention services) have the skills and knowledge necessary to meet the needs of children with disabilities. The plan must include a description of how the State will—

(a) Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities including how the State will work with other States on common certification criteria;

(B) Prepare professionals and paraprofessionals in the area of early intervention with the content knowledge and collaborative skills needed to meet the needs of infants and toddlers with disabilities;

© Work with institutions of higher education and other entities that (on both a pre-service and an in-service basis) prepare personnel who work with children with disabilities to ensure that those institutions and entities develop the capacity to support quality professional development programs that meet State and local needs;

(d) Work to develop collaborative agreements with other States for the joint support and development of programs to prepare personnel for which there is not sufficient demand within a single State to justify support or development of a program of preparation;

(e) Work in collaboration with other States, particularly neighboring States, to address the lack of uniformity and reciprocity in credentialing of teachers and other personnel;

(f) Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of children with disabilities that impedes the learning of children with disabilities and others;

(g) Acquire and disseminate, to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources, and how the State will, if appropriate, adopt promising practices, materials, and technology;

(h) Recruit, prepare, and retain qualified personnel, including personnel with disabilities and personnel from groups that are under-represented in the fields of regular education, special education, and related services;

(i) Insure that the plan is integrated, to the maximum extent possible, with other professional development plans and activities, including plans and activities developed and carried out under other Federal and State laws that address personnel recruitment and training; and

(j) Provide for the joint training of parents and special education, related services, and general education personnel.

(Authority: 20 U.S.C. 1453 ©(3)(D))

Subpart C—Services

Comprehensive System of Personnel Development (CSPD)

§300.382 Improvement strategies.

Each State must describe the strategies the State will use to address the needs identified under §300.381. These strategies must include how the State will address the identified needs for in-service and pre-service preparation to ensure that all personnel who work with children with disabilities (including both professional and paraprofessional personnel who provide special education, general education, related services, or early intervention services) have the skills and knowledge necessary to meet the needs of children with disabilities. The plan must include a description of how the State will—

(a) Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities including how the State will work with other States on common certification criteria;

(B) Prepare professionals and paraprofessionals in the area of early intervention with the content knowledge and collaborative skills needed to meet the needs of infants and toddlers with disabilities;

© Work with institutions of higher education and other entities that (on both a pre-service and an in-service basis) prepare personnel who work with children with disabilities to ensure that those institutions and entities develop the capacity to support quality professional development programs that meet State and local needs;

(d) Work to develop collaborative agreements with other States for the joint support and development of programs to prepare personnel for which there is not sufficient demand within a single State to justify support or development of a program of preparation;

(e) Work in collaboration with other States, particularly neighboring States, to address the lack of uniformity and reciprocity in credentialing of teachers and other personnel;

(f) Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of children with disabilities that impedes the learning of children with disabilities and others;

(g) Acquire and disseminate, to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources, and how the State will, if appropriate, adopt promising practices, materials, and technology;

(h) Recruit, prepare, and retain qualified personnel, including personnel with disabilities and personnel from groups that are under-represented in the fields of regular education, special education, and related services;

(i) Insure that the plan is integrated, to the maximum extent possible, with other professional development plans and activities, including plans and activities developed and carried out under other Federal and State laws that address personnel recruitment and training; and

(j) Provide for the joint training of parents and special education, related services, and general education personnel.

(Authority: 20 U.S.C. 1453 ©(3)(D))

Analysis of Comments, Discussions and Changes from Attachment 1

Comment: One comment recommended that the name of this section be changed to "Comprehensive system strategies" to avoid confusion with Part D. Another comment recommended that the words "content knowledge and collaborative skills" to meet the needs of infants and toddlers and children with disabilities be expanded to specify which skills are involved, and suggested that skills such as instruction, behavioral management, communication, and collaboration be included.

One comment expressed concern that the section in the NPRM was not sufficiently strong to ensure that States design their CSPD to ensure that core instructional and related needs of children with disabilities are appropriately addressed. One comment requested clarification regarding which entity in the State is responsible for ensuring that the requirements of §300.382 are met. One comment suggested that the reference to behavioral interventions in §300.382(f) should be changed to positive behavioral supports to be more consistent with other provisions of these regulations.

Several comments were receive regarding §300.382(g), particularly regarding the use of the phrase, "if appropriate." One comment requested clarification on how "appropriate" would be defined, as well as guiding principles "for directing the adoption of promising practices." Another comment recommended that the phrase, "if appropriate" be eliminated when referring to the State's adoption of promising practices and materials and technology.

One comment was particularly favorable about the requirement for joint training of parents, special education and related services providers, and general education personnel. Another comment recommended that this section be expanded to include joint training of hearing officers and mediators with parents and education personnel.

One comment recommended that this section be amended "to require reports to the Department by the SEA bi-annually, including a survey of parents of students with IEPs regarding the effectiveness of the strategies and other tools being taught to teachers," and that parents "should also be given the chance to state what tools they think ought to be taught" to teachers. One comment recommended that a note be added following this section to clarify that the assurance that regular education and special education personnel be prepared means that "they must be required to be prepared rather than simply 'offered the opportunity.'"

Discussion: There is no need to change the name of this section since it is unlikely that, even if it were changed, it would reduce the potential for confusion between CSPD responsibilities under Part B and those under Part D. While the delineation of content and skills for personnel serving infants and toddlers and children with disabilities is important, inherent in CSPD is the obligation of each State to identify its particular personnel development needs in light of factors that are specific to each individual State. The same is true with respect to strategies and needs. The CSPD is one of several mechanisms that States have to ensure that children with disabilities receive appropriate instruction and services consistent with the purposes of this part; therefore, the regulations do not specify which needs must be addressed through CSPD.

References throughout this part to State mean the SEA, unless the State has designated an entity other than the SEA to carry out the functions of this part. Regarding §300.380(f), that section is directed at the State's enhancement of the ability of teachers and others to use strategies, including behavioral interventions. The regulatory language about behavioral interventions parallels the language in section 614(d)(3)(B)(i) of the Act.

It also should be pointed out that the term behavioral interventions is a broad term that includes positive behavioral supports. Regarding the use of "appropriate" in §300.382(g), a State's obligation to adopt promising educational practices, materials, and technology is dependent on the State's needs. Hence, the use of the words "if appropriate" in this regulation ensures States have flexibility in this area.

The discussion of the role of hearing officers and mediators in response to comments on §300.380 also applies to the suggestion on joint training of parents and special education and related services and general education personnel required by §300.382(j) of these regulations. It is important to point out that there is nothing in this part that would preclude a State from including hearing officers and mediators in the joint training activities if it chooses to do so.

The comment's suggestion for additional reporting requirements has not been accepted. While input from parents regarding the effectiveness of personnel development strategies would be useful, the Department is committed to reducing paperwork burdens rather than increasing them. Finally, with regard to training of general education personnel, §300.382(j) already requires the participation of these individuals in joint training activities.

Changes: None.

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These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been made to faithfully reproduce the original content of the Regulations.

§300.555 Technical assistance and training activities.

Each SEA shall carry out activities to ensure that teachers and administrators in all public agencies-

(a) Are fully informed about their responsibilities for implementing §300.550; and

(B) Are provided with technical assistance and training necessary to assist them in this effort.

(Authority: 20 U.S.C. 1412(a)(5))

Subpart E—Procedural Safeguards

Least Restrictive Environment (LRE)

§300.555 Technical assistance and training activities.

Each SEA shall carry out activities to ensure that teachers and administrators in all public agencies-

(a) Are fully informed about their responsibilities for implementing §300.550; and

(B) Are provided with technical assistance and training necessary to assist them in this effort.

(Authority: 20 U.S.C. 1412(a)(5))

Analysis of Comments, Discussions and Changes from Attachment 1

Comment: Some commenters asked that parents and advocates be included in the training mentioned in paragraph (B) of this section. Another commenter asked that the regulation make clear that education support personnel as well as teachers and administrators are fully informed and provided technical assistance and training necessary to help them meet their LRE responsibilities. Another commenter wanted SEAs to provide specific training and information on LRE for children who are deaf and hard of hearing.

Discussion: As a matter of good practice, SEAs and LEAs are encouraged to develop opportunities for school personnel (including related service providers, bus drivers, cafeteria workers, etc.) and parents to learn together about all of the requirements under the Act because these experiences will improve cooperation among school personnel and between schools and parents and lead to improved services for children with disabilities. However, regulation on this point is not appropriate, as SEAs need the flexibility to respond to particular circumstances in their jurisdictions. For the same reason, additional specificity about the school personnel who need information and training or the subject matter of that training is not appropriate.

Changes: None.

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* The Search-Enhanced Regulations are divided into individual sections to produce more accurate search results and better print results. For full viewing and easier navigation of the regulations, please use the Web-enhanced version.

These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been made to faithfully reproduce the original content of the Regulations.

Least Restrictive Environment (LRE)

§300.550 General LRE requirements.

(a) Except as provided in §300.311(B) and ©, a State shall demonstrate to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets the requirements of §§300.550-300.556.

(B) Each public agency shall ensure—

(1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(Authority: 20 U.S.C. 1412(a)(5))

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Subpart E—Procedural Safeguards

Least Restrictive Environment (LRE)

§300.550 General LRE requirements.

(a) Except as provided in §300.311(B) and ©, a State shall demonstrate to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets the requirements of §§300.550-300.556.

(B) Each public agency shall ensure—

(1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(Authority: 20 U.S.C. 1412(a)(5))

Analysis of Comments, Discussions and Changes from Attachment 1

Comment: A number of commenters asked that the regulation be revised to make clear that a child with a disability cannot be removed from the regular class environment based on the type or degree of modifications to the general curriculum that the child needs, or on the types of related services that the child needs. Some commenters asked that paragraph (B)(1) be revised to make clear that whatever the setting selected, the child is educated in the general curriculum. Others asked that paragraph (B)(2) be revised to require consideration of positive behavioral supports in educating children with disabilities in regular classes.

A few commenters asked that a cross-reference to the exceptions in §300.311(B) and © be added for students with disabilities convicted as adults and incarcerated in adult prisons. Several commenters asked that a note be added to specify that ESY services must be provided in the LRE. Another asked that a note explain that the reference to ëspecial classesí in paragraph (B)(2) refers to special classes based on special education needs rather than special classes that the LEA makes available to all children, whether nondisabled or disabled, such as remedial reading, art, or music classes.

Discussion: Placement in the LRE requires an individual decision, based on each childís IEP, and based on the strong presumption of the IDEA that children with disabilities be educated in regular classes with appropriate aids and supports, as reflected in paragraph (B) of this section. The regulations always have required that placement decisions be based on the individual needs of each child with a disability and prohibited categorical decision-making.

In addition, the new statutory provisions regarding IEPs, reflected in the regulations at §300.347(a)(1) and (2) specify that IEPs must include a statement of how the childís present levels of educational performance affect the childís involvement and progress in the general curriculum and a statement of measurable annual goals, including benchmarks or short-term objectives for meeting the childís disability-related needs to enable the child to be involved in and progress in the general curriculum. These provisions apply regardless of the setting in which the services are provided.

Similarly, the IEP team, in developing the IEP under §300.346(a)(2)(i), is required to consider positive behavioral intervention, strategies and supports to address the behavior of a child with a disability whose behavior impedes his or her learning or that of others. These provisions are designed to foster the increased participation of children with disabilities in regular education environments or other less restrictive environments, not to serve as a basis for placing children with disabilities in more restrictive settings.

The determination of appropriate placement for a child whose behavior is interfering with the education of others requires careful consideration of whether the child can appropriately function in the regular classroom if provided appropriate behavioral supports, strategies and interventions. If the child can appropriately function in the regular classroom with appropriate behavioral supports, strategies or interventions, placement in a more restrictive environment would be inconsistent with the least restrictive environment provisions of the IDEA. If the childís behavior in the regular classroom, even with the provision of appropriate behavioral supports, strategies or interventions, would significantly impair the learning of others, that placement would not meet his or her needs and would not be appropriate for that child.

The IDEA Amendments of 1997 place renewed emphasis on teaching children with disabilities to the general curriculum and ensuring that these children are included in State- and district-wide assessments of educational achievement. Because, as commenters noted, one consequence of heightened accountability expectations may be unwarranted decisions to remove children with disabilities from regular classrooms so as to avoid accountability for their educational performance, the regulations should make clear that the type or extent of the modifications that the child needs to the general curriculum not be used to inappropriately justify the childís removal from education in regular, age-appropriate classrooms. Therefore, a provision should be added to §300.552 to provide that a child not be denied education in age-appropriate regular classrooms solely because the childís education required modification to the general curriculum. Under this provision, for example, a child with significant cognitive disabilities could not be removed from education in age-appropriate regular classrooms merely because of the modifications he or she needs to the general curriculum. This provision should not be read to require the placement of a child with a disability in a particular regular classroom or course if more than one regular age-appropriate classroom or course is available in a particular grade or subject.

A cross-reference to the exceptions in §300.311(B) and ©, like that in §300.347(d), will make the regulations clearer and more complete.

As the discussion of §300.309 explains in more detail, while ESY services must be provided in the LRE, public agencies are not required to create new programs as a means of providing ESY services to students with disabilities in integrated settings if the public agency does not provide summer services for its nondisabled children.

While the commenters are correct that the reference to íspecial classesí in paragraph (B)(2) refers to special classes necessary to meet special education needs, and not classes that an LEA makes available to all children, such as remedial reading, or advanced placement, art or music classes, paragraph (B)(1) provides that the LRE provisions of the regulations are focused on educating children with disabilities with nondisabled children to the maximum extent appropriate. In that context, the reference to íspecial classesí is to classes organized on the basis of disability and not classes that are based on some other interest, need or ability of the students.

Changes: A cross-reference to the requirements of §300.311(B) and © has been added to paragraph (a).

A new paragraph has been added to §300.552 prohibiting removal of a child with a disability from an age-appropriate regular classroom solely because of needed modifications in the general curriculum.

Back to Previous Page Browse Web-Enhanced Full Regulations

* The Search-Enhanced Regulations are divided into individual sections to produce more accurate search results and better print results. For full viewing and easier navigation of the regulations, please use the Web-enhanced version.

These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been made to faithfully reproduce the original content of the Regulations.

Private/Outside tutoring

My son is in third grade and has Aspergers. Right before Christmas, we received his ISTEP scores and he failed Math and Reading. He actually does well in school receiving mostly A's and B's with some C's which, I know, doesn't make sense.Has anyone had luck getting the school to pay for private or outside tutoring or with Reading Program or Sullvan?I appreciate any of your thoughts.

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