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Spotlight on Practice:Special Education and the

Shrinking Pie

SES Fall 2010

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Funding Primer• Mandate

reimbursements• General unrestricted

funding• Categorical funding

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Let’s Take a Look

Interdistrict TransfersCounty Mental HealthStaffing

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Interdistrict Transfers Less Control

Interdistrict Transfers

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Seasons of Repose

• Generally parent/legal guardian’s residency determines where student attends school

– Residency is the place where parent remains and to which he/she returns “in seasons of repose”

• An exception – interdistrict transfer

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Interdistrict Attendance Options

• Traditional

• School District of Choice

• Open Enrollment Act

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Traditional

• Admission standards:

– Different standard than general education students? No

– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No

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Traditional

• Admission limitations

– Space availability? Yes

– Creation of a new program or service? Yes

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School District of Choice

• Admission standards:

– Different standard than general education students? No

– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No

– Discrimination on the basis of academic or athletic performance? No

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School Districts of Choice

• Admission limitations:

– Random, unbiased selection? Yes

– Creation of a new program or service?No … at least not for students with disabilities or English learners

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School District of Choice

• Space availability:– If applied equally to both general and special

education students, then limitation can apply– A school district can reject a transfer if it

would be obligated to create a new program• “[E]xcept that a school district of choice shall not

reject the transfer of a special needs pupil, including an individual with exceptional needs … and an English learner …”

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Open Enrollment Act(“Romero Bill”)

• Admission standards:

– Different standard than general education students? No

– Discrimination on the basis of race, ethnicity, sex, religion, national origin or disability? No

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Open Enrollment Act(“Romero Bill”)

• Admission limitations:

– Adverse financial impact? Yes, but be careful

– Space availability? Yes, but be careful

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Who Transports?

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County Mental HealthTenuous State Mandate

Interdistrict TransfersCounty Mental Health

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Terminology(a non-exhaustive list)

Services

AB 3632

AB 2726

Chapter 26.5

Agencies

CMH

DMH

DBH

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History

• Assembly Bill 3632 (1984)

• Assembly Bill 2726 (1996)

• Assembly Bill 1895 (2004)

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Referral Requirements

1. Following assessment, district, parent, or IEP team can refer; or

2. Based on preliminary results of assessment, only district can refer

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Funding Sources

• Federal IDEA funds $69 million

• State categorical funding $31 million

• State categorical funding $52 million

$152 million

and

• Mandate reimbursement $0 (lately)

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Governor’s Action

• Veto of $133 million in mandate reimbursements

• “This mandate is suspended.”

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What We Want to Know

• Does the Governor have the legal authority to suspend a mandate?

• Who is responsible for mental health services while we find out?– The answer may evolve on a case-by-case

basis

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However …• The IDEA says school districts are the payers of

last resort• CDE agrees• If a public agency other than a school district

fails to provide or pay, the school district must provide or pay in a timely manner

• The school district can use the interagency agreement or other mechanism to claim reimbursement

(34 C.F.R. § 300.154(b)(2).)

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What Does This Mean for You?

• Maintaining timelines

• Obtain services

• Due process available

• Interagency dispute available

• Stay put

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What to do?• Pre-referral services

• Build capacity, build relationships

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Increased Class-SizeMaking Do

Interdistrict TransfersCounty Mental HealthStaffing

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Furloughs and Shorter School Year

• Furloughs: To whom do they typically apply?

• Shortened school year: How low can you go?

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Litigation Has Started

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What Does CDE Say?

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What Does CDE Say?

• IEP Trumps!!

• When necessary, reconvene to determine alternative means of addressing need

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What does this mean for you?

• LRE standards– Increased class-size– Availability of supplementary aids and

services– Availability of related services

• ESY

• Section 504

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Conclusion

• Know how interdistrict transfers affect your particular district status

• Build capacity for mental health services

• Analyze the effect of staff furloughs on an individualized basis

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Q & A