Special Education FINAL Rules - filed June 11, 2010
New Professional Development Resource on Disproportionality
NEA is pleased to announce the addition of a new video workshop entitled "Truth in Labeling" to the free offerings available from the NEA Academy On Demand site at http://ondemand.neaacademy.org/. This 90-minute video presentation features NEA IDEA Resource Cadre members Daryl Gates of Louisiana and Rosemary King-Johnston of Maryland.
Some culturally and linguistically diverse populations are over- or under-represented in special education and gifted/talented programs resulting in disproportionality in schools across the country. Culturally and linguistically diverse students are also disproportionately identified under the special education categories of emotionally disturbed and mentally retarded and they experience harsher disciplinary actions, such as school suspension. Based upon the NEA "Truth in Labeling" guide*, this workshop shares what federal statutes require and what educators are doing to reduce disproportionality.
This new resource joins other excellent professional development resources available on the NEA Academy On Demand site including, The Puzzle of Autism, Creating Great Public Schools using Universal Design for Learning and Creating Capacity: Preparing Educators for Response to Intervention.
*NEA's "Truth in Labeling" guide was developed in collaboration with the National Association of School Psychologists and is available for purchase from the NEA Professional Library and free download on the NEA Academy On Demand site.
Universal Design for Learning (UDL) national symposium on NEA Academy On Demand site
Creating Great Public Schools for All Using Universal Design for Learning and Inclusive Practices
Universal Design for Learning (UDL) is a framework for providing ALL students with access to supportive, engaging learning environments. In September 2009, over 230 educators and policymakers participated in an interactive symposium,Creating Great Public Schools for All Using Universal Design for Learning (UDL) and Inclusive Practices. This special event was hosted by the NEA and the Including Samuel Project at the Institute on Disability at the University of New Hampshire and co-sponsored by 25 national organizations.
Now YOU can hear from the same experts, view their video and slide presentations, download resources and consider the intriguing discussion questions by going to the NEA Academy On Demand site at http://ondemand.neaacademy.org/.
This is your opportunity to
- listen to NEA Vice President Lily Eskelsen’s passionate welcome
- view a vignette from filmmaker Dan Habib’s award-winning documentaryIncluding Samuel
- understand the history of inclusive policies from internationally-recognized civil rights advocate Judith Heumann
- consider the critical aspect of ‘assuming competence’ presented by Cheryl Jorgensen, Director of the Institute on Disability at the University of New Hampshire
- learn about how the UDL framework meets the needs of ALL students from David Gordon and CAST co-founder David Rose
- see how UDL is implemented in the Cincinnati schools from Jamie Basham of the University of Cincinnati and in the classroom from Nationally Board Certified Teacher Mary Jamison
- hear how the National UDL Task Force and parent/disability advocate Ricki Sabia are advancing UDL policy at the federal, state and local levels.
Timeline for Initials
The Michigan Department of Education (MDE), Office of Special Education and Early Intervention Services (OSE-EIS) introduces the first in a series of documents and training opportunities about special education in Michigan.
The Michigan Special Education One Pager: Timeline for Initials, clearly explains the basic content, process, and timelines necessary to complete an Initial Evaluation and an Initial Individualized Education Program (IEP) within the required timeline.
This policy document is written in plain English and is a MUST READ for everyone involved in improving education in the state of Michigan
Citizens Alliance to Uphold Special Education (CAUSE) has proposed to partner with school districts to provide training (or co-trainings) on any or all of the following topics:
- Bullying
- Communication Skills and Problem Solving
- Positive Behavior Support
- Section 504 Plans
- ADHD
- Post-secondary Transition Planning
- IDEA 2004
The cost for each workshop is based on the length of the session (2 hours versus 5 hours), packets for each participant, and mileage reimbursement. Honorarium is $200 (2-hour sessions) and $500 (5-hour sessions). If an overnight stay is required, additional charges will apply. As you likely are aware, federal stimulus dollars can be used for professional development for your staff. MEA also offers professional growth and development grants for up to $3000. Applications are available online at www.mea.org. These would be helpful in addressing AYP issues in a building/district, particularly for the subgroup students with disabilities.
CAUSE sent notice of these trainings to all Michigan Special Education Directors. Although you might be familiar with CAUSE’s work in the realm of special education, you can see that several of the listed topics pertain to ALL students. Moreover, because students who receive special education services are general education students first and therefore are increasingly included in general education classrooms, training on all of these topics are relevant to all educators.
Please let us me know if you are interested in any additional information. You may also contact Frances Spring at CAUSE (517-886-9167) or Debra Hilvers at the Tri-County CAUSE office (248-424-9610). The website for CAUSE is www.causeonline.org
New Administrative Rules and New State Complaint Procedures
On April 3, 2009 new Administrative Rules for Special Education were filed with the Office of the Great Seal. These rules took immediate effect.
See a copy of the recently changed rules , the new State Complaint Procedures, and a complete copy of the Michigan Administrative Rules with the side-by-side federal regulations. This document contains the latest Michigan rules and federal regulations as of April 6, 2009.
Special Education Alert # 2
Michigan Administrative Rules for Special Education That Take Immediate Effect
On September 11, 2008 the attached changes to the Michigan Administrative Rules for Special Education rules were filed with the Secretary of State. These rules take immediate effect.
The following changes are of particular significance:
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Specific learning disability has been defined (R 340.1713).
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Severe cognitive and multiple impairment programs have been changed to a minimum of 200 days and 1,150 clock hours of instruction. The previous rules provided for 230 days and 1,150 clock hours of instruction.
The Office of Special Education and Early Intervention Services is in the process of producing a document that will incorporate all of the Michigan Administrative Rules for Special Education and pertinent federal regulations.
A complete copy of the Michigan Administrative Rules for Special Education will be forthcoming from the State Office of Administrative Hearings and Rules. The compiled rules are not yet available. When they are, the Office of Special Education and Early Intervention Services (OSE/EIS) will post the complete set on the OSE/EIS website. In addition, MEA will post the set here.
Provision of Programs and Services to Incarcerated Youth in County and City Jails
Special Education Alert Regarding:
Standards for Extended School Year Services in Michigan
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On August 12, 2008 the State Board of Education approved Standards for Extended School Year (ESY) Services in Michigan. See Standards for Extended School Year Services.
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These regulations do not create new legal standards but instead codify well established case law in the area and reflect longstanding interpretation of the IDEA by the courts and the United States Department of Education that the right of an individual child with a disability to receive ESY services is based on the child’s entitlement to a Free Appropriate Public Education (FAPE).
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These federal regulations and the Standards require that the need for ESY services must be considered for every student with a disability at each Individualized Education Program Team meeting. Federal law specifies that the need for ESY services must be determined individually and shall not be provided or denied based solely upon the category of disability or program placement.
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The new Standards will be integrated into the Administrative Rules for Special Education as part of a new rule set. As a matter of formality, a period of public comment is expected to be made in the fall with public hearings scheduled during November and December. You can expect some minor changes to the wording in the final rules. However the standards won’t change.
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School districts are expected to begin using the Standards immediately.
Addressing Issues
Presented By Violent
Special Education Students (PDF)
- A special report 2008
The special report “Addressing Issues Presented by Violent Special Education Students” contains the following information:
- Federal and state law regarding removal of violent special education students
- Suspension and/or expulsion from school
- When to call police and/or press charges
- Liability for injury inflicted on other children by a special education student
- Members injured on the job
- Working with the student following injurious behavior
- What to do when faced with aggressive behavior
ESY Services
Special Education Disputes
Part C Proposed State Eligibility
Updated: June 30, 2010 9:19 AM