San Mateo County SELPA Special Education Local Plan Area

San Mateo County Office of Education• 101 Twin Dolphin Drive• Redwood City, CA 94065-1064 • (650) 802-5464 •Fax (650) 802-5474

SAN MATEO COUNTY SELPA GOVERNING BOARD

SELPA Governing Board San Mateo County Office of Education Tuesday, October 15, 2019 Arroyo and Butano Rooms 9:00 a.m. - 11:00 a.m. 101 Twin Dolphin Drive

Redwood City, CA 94065

AGENDA

1. CALL TO ORDER

2. ROLi. CALI.

3. APPROVAL OF AGENDA AND CONSENT AGENDA

Information concerning the consent items listed below was sent to each Board Member prior to the meeting, for their review. The items are approved as one action item. If there is a question or concern regarding a particular item from a Board membe1; or a member ofthe audience, that item may be withdrawn from the Consent Agenda. ll Approval of Agenda for October 15, 2019

.3..2. Approval of Minutes for June 18 2019

.3...3. Acceptance of Meeting Schedule for SEI.PA Governing Board Meetings

3A. Final 18-19 Mental Health Allocation and 19-20 State Allocation amounts

3..5. Resource documents for LEAs related to Behavior Emergency Reporting Sample General Ed form

4. PERSONS WISHING TO ADDRESS THE BOARD Anyone wishing to address the Board on non-agenda items may do so at this time. Please complete a speaker card and submit to the Board so your name to be called. Speaker cards are located at the back ofthe room. Persons wishing to address the Board on agenda items should complete a speaker card and submit to the Board so that their name can be called at that time. Individual speakers shall be allowed three minutes to address the board on any agenda or non-agenda item.

5. ACTION ITEMS 5..1. Approve updated Independent Educational Evaluation Policy .5..2. Approve updated Parentally Placed Students - Private School Policy

6. UPDATES 6.1 Update on New Local Plan Template and Timeline for transition to template by June 2020 .

.6..2. SELPA Update

ll.3. Board Member Comments

M County Superintendent's Report

7. SPOTLIGHT PRESENTATION 7.1 Staff from SM COE will present an update on the Special Olympics Program

8. ADJOURN TO CLOSED SESSION B..1 Public Employee Evaluation and Goal Setting under California Government Code Section 54957(b)

Title: Associate Superintendent, SELPA

9. RETURN TO OPEN SESSION .9...1 Report Action from Closed Session, if any

10. ADJOURNMENT Next SELPA Gove~ning B~ard Meeting - Decem!J~ 171- 2019J

Persons with disabilities who require auxiliary aids or services will be provided such aids with a three-day notice. For further information contact Margie Gustafson at (650) 802-5690, TDD (650) 802-5480.

Gov. Code Section 54954.3: Provides that the public shall have an opportunity to address the Board on any items described on a regular meeting agenda or a special meeting agenda, either before or after consideration of that item.

Participating LEAs: Bayshore Elementary School District, Belmont-Redwood Shores Elementary School District, Brisbane Elementary School District, Burlingame Elementary School District, Cabrillo Unified School District, Connect Community Charter, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson Union High School District, KIPP Valiant Community Charter, La Honda-Pescadero Unified School District, Las Lomitas Elementary School District, Menlo Park City Elementary School District, Millbrae Elementary School District, Pacifica School District, Portola Valley Elementary School District, Ravenswood City School District, Redwood City Elementary School District, San Bruno Park P1 Elementary School District, San Carlos Charte( Learning, San Carlos School District, San Mateo County Office of Education, San Mateo-Foster City School District, San Mateo Union High School n: ...1...: ..1 c,.,.,,,,..: .... 11 .. ;,..,.. u;,..h c ... h...... I n: ... 1..:...1 c,..,,+h c ..... c ...........:... ,..,.. t r... :r,.... ,..1 c ...h ....... I n; .. 1..; ...1 c, .............;1 0 .............,..1...... f'h ... ~ ..... u ;,,.,h c .... h ....... I \o\/,..,..,..1 .. ;,..1,.. c1 ................. 1....... , c ...h,..,..f n:... 1..;,..1

San Mateo County SELPA Governing Board

Board Agenda Item

Meeting Date: October 15, 2019

Subject: Agenda Item #: 3.1

A enda for October 15, 2019

Action Requested: Approval ofAgenda for October 15, 2019

Discussion:

The Agenda for October 15, 2019 is submitted for approval.

I Eiaancial Summary:

Prepared By: Anjanette Pelletier, SELPA Associate Superintendent

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San Mateo County SELPA Governing Board

Board Agenda Item

Meeting Date: October 15, 2019

Subject: Agenda Item #: 3.2

Minutes from June 18, 2019

IAction Requested: Approval

Discussion: The Minutes of the regular SELPA Governing Board Meeting held June 18, 2019 are submitted for approval.

Prepared By: Anjanette Pelletier, SELPA Associate Supe1intendent

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San Mateo County Office of Education• 101 Twin Dolphin Drive• Redwood City, CA 94065-1064 • (650) 802-5464 •Fax (650) 802-5474

SAN MATEO COUNTY SELPA GOVERNING BOARD

SELP A Governing Board San Mateo County Office of Education Tuesday, June 18, 2019 101 Twin Dolphin Drive 9:00 a.m. -11:00 a.m. Redwood City, CA 94065

Arroyo & Butano Rooms

MINUTES 1. CALLTO ORDER

Board Member Rosas, Chair of the Board, called the meeting to order at 9:09 a.m.

2. ROLLCALL Board Members Ronan Collver, Nancy Magee, Michael Milliken, John Baker, Joan Rosas and Kevin Skelly were present. Board Members Amy Wooliever and Audra Pittman were absent.

3. APPROYAL OF AGENDA 3.1 Approval of Agenda for June 18, 2019

Board Member Rosas called for a motion to approve the SELPA Governing Board Agenda for June 18, 2019. Board ·Member made a motion to approve the consent agenda as presented; Board Member seconded. Board Members Ronan Collver, Nancy Magee, John Baker, Joan Rosas, and Kevin Skelly voted in favor; none opposed. Board Members Amy Wooliever and Audra Pittman were absent.

4. CONSENT AGENDA Information concerning the consent items listed below was sent to each Board Member prior to the meeting for their review. The items are approved as one action item. If there is a question or concern regarding a particular item from a Board Member or a member ofthe audience, that item may be withdrawn ji-0111 the Consent Agenda.

4.1 Approval of Minutes for May 21, 2019 4.2 Membership Representation for SELPA Governing Board 4.3 Interagency Agreements - IHSD, SELPA and SMCOE 4.4 Interagency Agreements - GGRC, SELP A and SMCOE 4.5 Budget Allocation Plan for 2019-2020 4.6 Completed SELPA Goals for 2018-2019

Board Member Joan Rosas called for a motion to approve the Consent Agenda as presented; Board Member Kevin Skelly made a motion to approve the consent agenda as presented and Board Member John Baker seconded. Board Members Ronan Collver, Nancy Magee, Michael Milliken, John Baker, Joan Rosas and Kevin Skelly approved the consent agenda as presented; none opposed. Board Members Amy Wooliever and Audra Pittman were absent.

5. PERSONS WISHING TO ADDRESS THE BOARD Anyone wishing lo address the Board on non-agenda items may do so at this time. Please complete a speaker card and submit

lo the Board for your name to be called. Speaker cards are localed at the back ofthe room. Persons wishing to address the

Board on agenda items should complete a speaker card and submit to the Board so that their name can be called at that time.

Individual speakers shall be allowed three minutes lo address the Board on any agenda or non-agenda item.

Participating LEAs: Bayshore School District, Belmont-Redwood Shores School District, Brisbane School District, Burlingame School District, Cabrillo Unified School District, Connect Community Charter School, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson Union High School District, KIPP Valiant Charter, La Honda-Pescaclero Unified School District, Las Lomitas School District, Menlo Park City School District, Millbrae School District, Pacifica School District, Portola Valley School District, Ravenswood City School District, Redwood City School District, San Bruno Park School District, San Carlos Charter Learning Center, San Carlos School District, San Mateo-Foster City School District, San Mateo County Office of Education, San Mateo Union High School District, Sequoia Union High School District, South San Francisco Unified School District, Summit Preparatory Charter High School, Woodside School District.

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Mr. Steven Davis asked to address the Board. He stated that he needed to voice his and other parents' opinions about the Community Advisory Committee (CAC). CAC is supposed to help parents and be the liaison between parents and the districts, but that is not happening. The CAC functions have deteriorated; there is lack of representation and there are no meeting notes available for parents. He asked the Board to take affirmative action and bring back the CAC with its complete functions as it used to be.

6. RECEPTION 6.1 Reception to Welcome New Members to the Governing Board and Thank Outgoing

Members of the Board SELP A Associate Superintendent, Anjanette Pelletier, stated that Board Members Joan Rosas, Kevin Skelly and John Baker are not able to finish their two-year term until 2021; therefore Superintendents Louann Carlomagno from the Hillsborough City School District, Teny Deloria from the Jefferson Union High School District and Heather Olsen from the Pacifica School District will replace them for the remainder of their term.

SELP A Associate Superintendent thanked departing Board Members and presented them with an award for their service; she also welcomed new members to the Board.

7. PUBLIC HEARINGS 7.1 Public Hearing for Annual Budget Plan

Board Member Joan Rosas opened public hearing for the SELPA Annual Budget Plan 2019-20 at 9: 11 a.m. She asked if there are any speakers for the public hearing. Hearing none, she closed the public hearing at 9: 11 a.m.

7.2 Public Hearing for Annual Service Plan Board Member Joan Rosas opened public hearing for the SELPA Annual Service Plan 2019-20 at 9: 11 a.m. She asked if there are any speakers for the public hearing. Ms. Chelsea Bonini requested to speak before the Board.

Ms. Bonini is a parent of a child diagnosed with mental health and OID disabilities from the San Mateo-Foster City School District; she is a member of the San Mateo County Commission on Disabilities, a liaison for the Mental Health Youth Commission, and was formerly a trustee from the San Mateo-Foster City SD Board. Ms. Bonini stated that there was no representative in her district Community Advisory Committee for about 10 years until the board appointed a representative last spring to her and Mr. Steven Davis' (other SMFCSD parent) requests.

Ms. Bonini and Mr. Davis attend the CAC meetings, but noticed there is apathy and lack of suppmt from pait of the districts on CAC related matters. Ms. Bonini has contacted other district parents and they also have mentioned this situation as well. She asked the Board to review its role in the CAC and asked for more support from both the SELP A Board and the districts to help pai·ents and most impotiantly the students who should benefit the most.

Board Member Kevin Skelly asked the SELP A Associate Superintendent to provide her views and thoughts about this matter.

Participating LEAs: Bayshore School District, Belmont·Redwood Shores School District, Brisbane School District, Burlingame School District, Cabrillo Unified School District, Connect Community Charter School, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson. Union High School District, KIPP Valiant Charter, La Honda-Pescadero Unified School District, Las Lomitas School District, Menlo Park City School District, Millbrae School District, Pacifica School District, Portola Valley School District, Ravenswood City School District, Redwood City School District, San Bruno Park School District, San Carlos Charter Learning Center, San Carlos School District, San Mateo-Foster City School District, San Mateo County Office of Education, San Mateo Union High School District, Sequoia Union High School District, South San Francisco Unified School District, Summit Preparatory Charter High School, Woodside School District.

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~;~p~:teo Special Education Local Plan Area

Board Member Joan Rosas stated the SELP A Associate Superintendent will provide her views after the public hearing is closed. Board Member Rosas closed the public hearing at 9: 17 a.m. on the SELPA Annual Service Plan 2019-20.

8. ACTION ITEMS 8.1 Accept/Adopt Annual Budget Plan

Board Member . Joan Rosas asked for a motion to approve the Annual Budget Plan; Board Member Kevin Skelly made a motion to approve the plan and Board Member Ronan Collver seconded; none opposed.

8.2 Accept/Adopt Annual Se1yice Plan Board Member Joan Rosas deemed appropriate to hear comments from the Board and the views from the SELP A Associate Superintendent before approving the plan. The SELP A Associate Superintendent gave a brief summary of the plan and its future projections of service delive1y. She stated that in order to make sure that services are being accounted and will be provided in the future, SELPA contacts the school districts and asks them to check with parent groups to ensure data is accurate. SELP A schedules a meeting with the Resource Parent Council group where the documents are available for review. The first meeting was May 15, but the meeting had to be cancelled due to low registration and bad weather. The meeting was rescheduled for June 12 and was well attended; the input provided at that meeting from parents helped SELP A put the service plan together, which is the document that is included in your packet today.

Board Member Kevin Skelly stated that the special education and mental health issues that districts are dealing with today are challenging and districts are not keeping up with drastic changes. Districts are not as prepared as they used to be to face these new challenges and are falling behind its eff01ts to meet the needs of the student community. He commended the SELPA for engaging on this task and working hard on the issues that affect us all and hopes that districts, parents, and SELP A can work collaboratively to resolve them.

Board Member Nancy Magee, speaking from the general education supp01t on mental health services, stated that five years ago there was zero infrastructure across the county to coordinate any kind of service or information sharing. In that space, the School-Based Mental Health Collaborative, has leaned in and helped by offering space to hold meetings and other services. That infrastructure, like Kevin Skelly said, · is growing but it's still not enough to meet all the needs.

Board Member Joan Rosas called for a motion to approve the Annual Service Plan. Board Member Kevin Skelly made a motion to approve the plan and Board Member Michael Milliken seconded; none opposed.

8.3 Accept SELPA Goals for 2019-20 The SELPA Associate Superintendent went over her goals for 2019-20. She stated that these goals represent what the Administrators Council brought to the table in terms of what they believe will support them. She added that she provides updates to the Administrators periodically as to progress towards goals and informs the Community Advisory Committee-Resource Parent Council of the proposed goals for SELPA activities.

Participating LEAs: Bayshore School District, Belmont-Redwood Shores School District, Brisbane School District, Burlingame School District, Cabrillo Unified School District, Connect Community Charter School, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson Union High School District, KIPP Valiant Charter, La Honda-Pescadero Unified School District, Las Lomitas School District, Menlo Park City School District, Millbrae School District, Pacifica School District, Portola Valley School District, Ravenswood City School District, Redwood City School District, San Bruno Park School District, San Carlos Charter Learning Center, San Carlos School District, San Mate9-Foster City School District, San Mateo County Office of Education, San Mateo Union High School District, Sequoia Union High School District, South San Francisco Unified School District, Summit Preparatory Charter High School, Woodside School District.

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Board Member Joan Rosas called for a motion to approve the SELPA Goals for 2019-20. Board Member Kevin Skelly made a motion to approve the goals and Board Member John Baker seconded; none opposed.

8.4 Elect Chair and Yice Chair for 2019-20 Board Member Joan Rosas asked Board Members to nominate a Chair and a Vice Chair for 201920. There were two nominations: Board Member Michael Milliken for Chair of the Board and Board Member Ronan Collver for Vice Chair.

Board Member Joan Rosas called for a motion to elect Board Member Michael Milliken for Chair and Board Member Ronan Collver for Vice Chair. Board Member Kevin Skelly made a motion to approve the elected Board Members and Board Member Nancy Magee seconded; none opposed.

9. UPDATES 9.1 SELPA Update

The SELPA Associate Superintendent provided an update of the programs and activities she has been working on.

9.2 Community Adyiso1y Committee -Resource Parent Council Update Karen Breslow, SELP A Coordinator, stated that it has been a busy year and that her plan, that the put together a couple of years ago, has happily come to fruition. All the meetings held throughout the year have been livestreamed and recorded in case parents want to access them after they happened . Ms. Breslow informed parent groups that they can access the videos and any handouts that were provided at the meetings through the Resource Parent Council website. Ms . Breslow programmed activities during the school year that can be found in the Google calendar of the RPC website. She has noticed that district Board members are also attending her SEDAC meetings throughout the county. The district SEDAC meetings have better attendance that the meetings that are held at the County Office and she's currently working with the Palo Alto Jr. Museum & Zoo to bring more families to visit them. She'll add an Ability Awareness Program called Changing Perspectives which has an excellent curriculum and can be accessed online.

Ms. Chelsea Bonini addressed the Board on CAC. She stated that in the Ed Code the Community Advisory Committee refers to as an advisory committee, which entails an important role. But now we call it Resource Parent Council, SEDACs and SEPTARs, which do not play an advisory role anymore and just work as PTA units. Ms. Bonini asked the Board to call it Community Advisory Committee and to ensure that it serves its purpose as an advisory committee.

9.3 Board Member Comments Board Member Joan Rosas thanked the SELPA Associate Superintendent for a very productive and intense year; her suppmt and the suppo1t of her staff was invaluable to all districts on the LCAP and PIR because it was something new and a last-minute effo1t in figuring out how to meet and work as a team.

Board Member Ronan Collver thanked SELP A Coordinator Karen Breslow for her help during the

Participating LEAs: Bayshore School District, Belmont-Redwood Shores School District, Brisbane School District, Burlingame School District, Cabrillo Unified School District, Connect Community Charter School, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson Union High School District, KIPP Valiant Charter, La Honda-Pescadero Unified School District, Las Lomitas School District, Menlo Park City School District, Millbrae School District, Pacifica School District, Portola Valley School District, Ravenswood City School District, Redwood City School District, San Bruno Park School District, San Carlos Charter Learning Center, San Carlos School District, San Mateo-Foster City School District, San Mateo County Office of Education, San Mateo Union High School District, Sequoia Union High School District, South San Francisco Unified School District, Summit Preparatory Charter High School, Woodside School District.

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time he has been filling in as a Special Education Director and Program Specialist; he would have not survived this past year without her help.

Board Member John Baker also thanked the SELPA Associate Superintendent for her support of his district Special Education Office. He has new staff in that office and Ms. Pelletier has helped them with their questions/concerns .

Board Member Michael Milliken thanked the SELP A Associate Superintendent for her coaching and support of his Special Programs Director, Lara Goldman.

9.4 County Superintendent's Repo11 Board Member Nancy Magee, County Superintendent of Schools, thanked SELPA Associate Superintendent and her staff because that they have done this year has been groundbreaking especially with the State Dashboard, the PIRs, and the Differentiated Assistance process. Board Member Nancy Magee provided an update of SMCOE programs/events.

10. ADJOURN TO CLOSED SESSION 10.1 Public Employee Evaluation under California Government Code Section 54957(b);

Title: Associate Superintendent, SELPA Board Member Joan Rosas called for a motion to adjourn the meeting to closed session at 10:04 a.m. Board Member Nancy Magee made a motion to adjourn the meeting to closed session; Board Member Kevin Skelly seconded.

Board Member Joan Rosas started the evaluation at 10:10 a.m.; the evaluation ended at 10:46 a.m.

11. RETURN TO OPEN SESSION Board Member Joan Rosas returned the meeting to open session at 10:46 a.m. She stated that there was nothing to rep01t.

Board Member Joan Rosas called for a motion to adjourn the meeting at 10:47 a.m. Board Member Kevin Skelly made a motion to adjourn the meeting and Board Member Michael Milliken seconded. Board Members Ronan Collver, Nancy Magee, John Baker, Joan Rosas, and Kevin Skelly voted in favor; none opposed. Board Members Amy Wooliever and Audra Pittman were absent.

Next SELPA Governing Board Meeting- October 15, 2019

Participating LEAs: Bayshore School District, Belmont-Redwood Shores School District, Brisbane School District, Burlingame School District, Cabrillo Unified School District, Connect Community Charter School, Design Tech High School, Everest Charter High School, Hillsborough City School District, Jefferson School District, Jefferson Union High School District, KIPP Valiant Charter, La Honda-Pescadero Unified School District, Las Lomitas School District, Menlo Park City School District, Millbrae School District, Pacifica School District, Portola Valley School District, Ravenswood City School District, Redwood City School District, San Bruno Park School District, San Carlos Charter Learning Center, San Carlos School District, San Mateo-Foster City School District, San Mateo County Office of Education, San Mateo Union High School District, Sequoia Union High School District, South San Francisco Unified School District, Summit Preparatory Charter High School, Woodside School District.

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San Mateo County SELPA Governing Board

Board Agenda Item

Meeting Date: October 15, 2019

Subject: Agenda Item #: 3.3

SELPA Governing Board Meeting schedule for 19-20

IAction Requested: None

Discussion: Attached is the list of SELPA meetings for the 19-20 school year.

GIDF IU !"'- . Board:Oar. ~ LG~n. October 15, 2019 9-10:30AM A&B December 17, 2019 9 - 10:30 AM A&B March 31, 2020 9 - 10:30 AM A&B May 12, 2020 9 - 10:30 AM A&B June 16, 2020 9 - 10:30 AM A&B

Chair - Superintendent Michael Milliken, Belmont Redwood Shores School District

Vice - Chair - Superintendent Ronan Collver, Brisbane Elementary School District

I Financial Summary:

Prepared By: Anjanette Pelletier, SELPA Associate Superintendent

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San Mateo County SELPA Governing Board

Board Agenda Item

Meeting Date: October 15, 2019

Subject: Agenda Item #: 3.4

U date on Mental Health Allocations and Revenue

IAction Requested: None

San Mateo County SELPA has received the State Mental Health Allocation notice for 19-20. ~~ds____I - -T otal !·-··First I Rema.ini~g I Entitlement 1 Apportionment Balance

! San Mateo J Co. SELPA

5,649;847 I I

2,824,923 12,824,924 _ .

The SELPA completed the allocation of Mental Health funds out to districts for the 18-19 Allocation in late Summer. The link to this document was provided to CB Os and LEA Administrators in September. A link to the document is here: Mental Health Allocation 18-19 Distribution Consistent with prior years, there were funds remaining at the end of the year to offset costs of higher demand LEAs. This year three LEAs were required to cover portions of their own usage - two high school districts and one unified.

The Federal allocation for 19-20 is $1,010,572, a decrease of approximately $17,500 from prior year due to declining ADA

San Mateo County SELPA continues to have higher demands than fiscal resources across the county to provide mental health services for students with disabilities. LEAs that have incorporated mental health into their LCAP, system wide services for all children, or enhanced Tier 1 - 3 resources for all students have seen positive impacts on their populations as a whole, which rpay be reducing pressure on the special education funds allocated for this purpose. SELPA continues to provide consultation, networking support and program support for LEAs that request individualized supports or for staff who attend the quarterly mental health meetings.

Prepared By: Anjanette Pelletier, Associate Superintendent

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San Mateo County SELPA

FY2018-19 Mental Health Funding

D; D; Fd District

01 AA 01 Bayshore 02 BA 01 Belmont-Redwood Shores 03 CA 01 Brisbane 04 DA 01 Burlingame 07 EA 01 Hillsborough 08 FA 01 Jefferson Elementary 09 GA 01 Pacifica 11 HA 01 Las Lomitas 12 JA 01 Menlo Park 13 KA 01 Mi!Jbrae 16 LA 01 Portola Valley 17 MA 01 Ravenswood 18 NA 01 Redwood City 19 PA 01 San Bruno Park 20 QA 01 San Carlos 21 RA 01 San Mateo-Foster City 06 SA 01 Woodside

Elementary Total

31 TA 01 Jefferson High 33 UA 01 San Mateo High 34 VA 01 Sequoia

High School Total

41 XA 01 Cabrillo 42 YA 01 La Honda-Pescadero 40 WA 01 South San Francisco

Unified Total

29 VD 01 Summit Prep HS (Sch - 610) 90 VB 01 Everest Public High

25 QB 62 San Carlos Leaming Center 94 us 01 Design Tech High

Connect Community Charter Kipp Valiant Community Prep Charter Total

District & Charter Total

Mental Health 17-18 P-2 ADA Estimated Mental Health MH Funds Usage Expenditure

Unaudited Entitlement Funds Usage over Entitlement Claims Received

6,376.142.61

360.08 25,339.29 8,457.00 0.00 14,862.48 4,192.47 295,029.71 219,023.79 0.00 141,997.00

449.87 31,657.95 2,439.50 0.00 4,809.75 3,386.60 238,319.56 29,709.76 0.00 116,472.62 1,353.99 95.282.08 113,794.94 (18,512.86) 6,587.17 463,547.95 77,116.96 0.00 193,197.67 2,942.11 207,040.21 49,686.17 0.00 92,008.32 1 ,294.58 91,101.32 12,230.00 0.00 2,018.42 2,870.93 202,031 .18 23,788.20 0.00 81,846.76 2.364.24 166,374.73 56,239.42 0.00 107,850.52

580.28 40,835.08 42,750.00 (1,914.92) 3,223.75 226,859.59 76,081.46 0.00 71,225.81 8,207.30 577,558.66 681,296.15 (103,73H9) 50,522.99 2,512.13 176,781.94 107,094.54 0.00 44,235.90 3,067.91 215,892.92 30,667.32 0.00 104,825.31

11.425.53 804,029.80 683 ,1 57.03 0.00 249,326.04 424.22 29,852.93 14,735.35 0.00 9,336.01

55,243.16 53,887,534.90 52,228,267.59 ($124,1 55.27) S1 ,284,535.60

4,593.83 323,273.95 607,982.03 (284,708.08) B.415.27 592,193.82 1,260,608.86 (668,415.04) 8,546.82 601.451.15 621,934.56 (20,483.4 1)

21,555.92 S1 ,516,918.92 $2,490,525.45 ($973,606.53) $0.00

3,087.78 217.291.20 156,376.03 0.00 6,000.00 296.44 20,860.88 0.00 0.00

8,349.36 587,555.61 1,132,600.91 (545,045.30) 11,733.58 $825,707.69 $1,288,976.94 ($545,045.30) $6,000.00

391.14 27,525.04 26,742.39 0.00 376.35 26,484.25 16,293.79 0.00

365.82 25,743.24 1,014.75 0.00 18,116.96 526.89 37,077.95 29,282.75 0.00 204.03 14,357.86 3,040.00 0.00 210.21 14,792.76 0.00 0.00

2,074.44 S145,981 .10 S76,373.68 $0.00 $18,116.96

90,607.10 $6,376, 142.61 $6,084,143.66 ($1,642,817.10) S1 ,308,652.56

Reimbursement of Unpaid Balance

Menial Health Claims Up to of Mental Health

EntiUement Amount Claims Received

14,862.48 0.00 76,005.92 65,991 .08 4,809 .75 0.00

116,472.62 0.00 0.00 0.00

193,197.67 0.00 92,008.32 0.00

2,018.42 0.00 81,846 .76 0.00

107,850.52 0.00 0.00 0.00

71,225.81 0.00 0.00 50,522.99

44,235.90 0.00 104,825.31 0.00 120,872.77 128,453.27

9,336.01 0.00 S1,039,568.26 S244,967.34

0.00 0.00 0.00 0.00 0.00 0.00

$0.00 $0.00

6,000.00 0.00 0 .00 0.00 0.00 0.00

$6,000.00 $0.00

0.00 0.00 0.00 0.00

18,116.96 0.00 0 .00 0.00 0.00 0.00 0.00 0.00

$18,116.96 $0.00

$1,063,685.22 $244,967.34

Remaining Unused

Portion ofMH Entitlement

2,019.81 0.00

24,408.70 92,137.18

0.00 193,233.32

65,345.72 76,852.90 96,396.22

2,284.79 0.00

79,552.32 0.00

25.451.50 80.400.29

0.00 5,781.57

S743,864.32

0.00 0.00 0.00

$0.00

54,915.17 20,860.88

0.00 $75,776.05

782.65 10,190.46

6,611.53 7,795.20

11,317.86 14,792.76

S51,490.46

$871,130.83

~

ADA of Districts with Usage over

Entitlement and/o r

Remaining MH Claims

' 697,666.17

0.00 0.00 4,192.47 65,610.34

0.00 0.00 0.00 0.00

1,353.99 18,512.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

580.28 1,914.92 0.00 0.00

8,207.30 128,440.70 0.00 0.00 0.00 0.00

11,425.53 128,453.27 0.00 0.00

25,759.57 S342,932.09

4,593.83 71,891.45 8.415.27 131,695.34 8,546.82 20,483.41

21,555.92 $224,070.20

0.00 0.00 0.00 0.00

8,349.36 130,663.88 8,349.36 $130,663.88

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

$0.00 SO.OD

55,664.85 $697,666.17

ADA of Districts with remaining

usage over entitlement and/orMH

claims

135,949.70

0.00 0.00 4,192.47 380.74

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

8,207.30 25,819.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

12,399.77 S26,200.52

4,593.83 23,605. 12 8.415.27 43,241 .37

0.00 0.00 13,009.10 $66,846.49

0.00 0.00 0.00 0.00

8,349.36 42.902.69 8,349.36 $42,902.69

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

so.co so.co

33,758.23 $135,949.70

ADA of Districts with remaining

usage over entitlement and/or MH

claims

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

4,593.83 B.415.27

0.00 13,009.10

0.00 0.00

8,349.36 8,349.36

0.00 0.00

0.00 0.00 0.00 0.00

$0.00

21,358.46

37,514.96

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

SO.OD

8.068.81 14,780.96

0.00 S22,849.77

0.00 0.00

14,665.19 $14,665.19

0.00 0.00 0.00 0.00 0.00 0.00

SO.OD

$37,514.96

Note:

(1) Usage data based on FY2018-19 invoices paid by SELPA on behalf of school districts as of 8/16/19. Invoices received after this date will be paid out of next year's Mental Health funding.

lof2

San Mateo County SELPA

FY201 B-19 Mental Health Funding

District

- .......J\91111-Add'I Relmbursement of Mental Health TOTAL Clalms Belmont-Redwood Shores Bayshore

0.00 0.00

65,991.08 0.00

141,997.00 14,862.48

Brisbane 0.00 0.00 4,809.75 Burlingame a.co a.co 116,472.62 Hillsborough 0.00 0.00 0.00 Jefferson Elementary 0.00 0.00 193,197.67 Pacifica 0.00 0.00 92,008.32 Las Lomitas 0.00 0.00 2,018.42 Menlo Park 0.00 0.00 81 ,846.76 Millbrae 0.00 0.00 107,850.52 Portola Valley 0.00 0.00 0.00 Ravenswood 0.00 0.00 71,225.81 Redwood City 0.00 50,522.99 50,522.99 San Bruno Park 0.00 0.00 44,235.90 San Carlos 0.00 0.00 104,825.31 San Mateo-Foster City 0.00 128,453.27 249,326.04 Woodside 0.00 0.00 9,336.01 Elementary Total $0.00 $244,967.34 $1,284,535.60

San Mat~o High Jefferson High

(478,697.37) (181,142.70)

0.00 0.00

0.00 0.00

Sequoia 0.00 0.00 0.00 High School Tota l ($659,840.07) SO.DO so.co

La Honda-Pescadero Cabri!lo

a.co 0.00

0.00 0.00

0.00 6,000.00

South San Francisco (356,813.54) 0.00 0.00 Unified Total ($356,813.54) so.co $6,000.00

Everest Public High Summit Prep HS {Sch - 610)

0.00 0.00

0.00 0.00

0.00 0.00

San Carlos Leaming Center 0.00 0.00 18,116.96 Design Tech High 0.00 0.00 0.00 Connect Community Charter 0.00 0.00 0.00 Kipp Valiant Community Prep 0.00 0.00 0.00 Charter Tota l

District & Charter Total

SO .DO

($1,016,653.61)

so.co

S244,967.34

S18,116.96

S1,308,652.56

2of2

San Mateo County SELPA Governing Board

Board Agenda Item

Meeting Date: October 15, 2019

Subject: Agenda Item #: 3.5

ort Resources for LEAs

IAction Requested: None

California informed school districts with a letter to County and District Superintendents and a CALPADS Flash regarding new reporting requirements for restraint and seclusion for all students.

With new changes to reporting laws based on AB 2657 (Weber) related to behavioral emergency interventions utilized for students with disabilities and new reporting requirements for LEAs for any student, general ed or special ed, who has been subject to a restraint or use of seclusion, SELPA has developed and shared a set of resources for Special Education departments to utilize at the local level.

The Behavior Emergency Reporting resources found here were developed and shared with LEAs in June 2019. Additionally, SELPA has shared an edited form that LEAs may wish to consider for use with their general population to ensure appropriate reporting and documentation of any use of physical restraint or seclusion on campuses.

Additional resources will be made available to LEA Administrators for potential adaptation for General Ed Reporting and documentation. These are only suggested resources and each LEA may wish to consider or develop their own general ed resources and forms.

Prepared By: Anjanette Pelletier, Associate Superintendent

P13

TONY T HURMOND CALIFORNIA DEPARTMENT STATE SUPERINTENDENT OF

OF EDUCATION PUBLIC INSTRUCTION

1430 N STREET, SA~RAMENTO, CA 95814-5901 • 916-319-0800 . WWN.CDE.CA.GOV

July 31, 2019

Dear County and District Superintendents, Charter School Administrators, Special Education Local Plan Area Directors, Administrators of County Offices of Education, Nonpublic School Administrators, State Diagnostic Center Directors, and Local Educational Agency Special Education Directors:

Collection of Data on the Use of Restraint and Seclusion for

All Students in the California Longitudinal Pupil Achievement

Data System

The purpose of this letter is to follow up on the letter dated December 24, 2018, regarding Assembly Bill (AB) 2657 (Chapter 998, Statutes of 2018), which became effective January 1, 2019. The bill added sections 49005-49006.4 to California's Education Code regarding the use of restraint and seclusion with students receiving both general education and special education.

Collection of Restraint and Seclusion Data in the California Longitudinal Pupil Achievement Data System (CALPADS)

The new law requires local educational agencies (LEAs) to collect and report annually to the California Department of Education (COE) data on the number of times and the number of students on which mechanical restraints, physical restraints, and seclusion are used. The data must be disaggregated for students who have Section 504 plans, students who have individualized education programs, and students who do not have either plan. The COE is mandated to post these data on its Internet website annually (Education Code Section 49006).

To meet this reporting requirement, the COE will collect these data from LEAs through CALPADS beginning in 2019-20, as part of its End-of-Year (EOY) 3 submission. The 2019-20 EOY submission, which will open in May 2020 and close at the end of August 2020, is a cumulative collection that includes all incidents of restraint and seclusion that occurred throughout the school year. Therefore, LEAs should begin collecting these data in their local systems when school begins this fall. It should be noted that all incidents of the use of restraints and seclusion must be reported for all students.

The COE has finalized how the current CALPADS EOY 3 submission will be changed to accommodate the new collection of incidents of restraint and seclusion, and has reviewed those changes with the student information system (SIS) vendors . LEAs should consult with their SIS vendors on how to submit these data to their local systems. More detailed information about the changes to the EOY 3 submission has also been provided to LEA CALPADS Administrators.

P14

http://www.CDE.CA.GOV

July31,2019 Page 2

Many LEAs currently have policies and procedures in place to identify, document, and report incidents involving restraint and seclusion for students with disabilities; however, because these data will be collected for all students, it is imperative that LEAs ensure that all staff are appropriately trained to identify, document, and report these incidents. It is also important for site administrators to be actively involved in ensuring that policies and procedures are followed and that CALPADS Administrators are not having to determine what constitutes incidents of restraint and seclusion that must be reported as described in AB 2657.

If you have any questions, please contact the CALPADS Service Desk by phone at 916-325-9210 or by email at calpads-support@cde.ca.gov. All questions will be routed to the appropriate CALPADS or special education staff.

Thank you for your support.

Sincerely,

Jerry Winkler, Director Educational Data Management Division

JW:pm

cc: CALPADS Administrators

P15

mailto:calpads-support@cde.ca.qov

CALPADS Update Flash #159

CoJU{u1nfo DEPARTMENT OF EDUCATIO~

CALP.~1~DS California Longitudinal Pupil Achievement Data System

Date: July 31, 2019

To: Local Educational Agency (LEA) Representatives

From: California Department of Education (COE) California Longitudinal Pupil Achievement Data System (CALPADS) Team

Collection of Data on the Use of Restraint and Seclusion for All Students

Assembly Bill (AB) 2657, (Chapter 998, Statutes of 2018), went into effect on January 1, 2019, adding sections 49005-49006.4 to California's Education Code regarding the use of restraint and seclusion for students receiving either general education or special education. The California Department of Education (COE) informed the field of this new law in a letter dated December 24, 2018, posted on the COE website at: https://www.cde.ca.gov/nr/el/le/yr181tr1224.asp

These data will be collected in CALPADS for the first time as part of the 2019-20 End-ofYear (EOY) 3 data submission. Therefore, LEAs should be collecting these data locally beginning this fall. In summary, LEAs are required to collect and submit the use of:

• Behavioral Restraint, defined in statute as:

o Mechanical Restraint - Use of a device or equipment to restrict a pupil's freedom of movement (with exceptions).

o Physical Restrqint - A personal restriction that immobilizes or reduces the ability of a pupil to move his or her torso, arms, legs, or head freely (with exceptions).

• Seclusion, defined in statute as the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving.

For the full statutory definitions of restraint and seclusion, LEAs should refer to the appropriate Education Code sections, or the legislation which is posted on the California Legislative Information website, on the AB-2657 Pupil discipline: restraint and seclusion web page at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=201720180AB2657 .

P16

https://www.cde.ca.qov/nr/el/le/yr18ltr1224.asphttps://leqinfo.leqislature.ca.qov/faces/billNavClient.xhtml7bill

July 31, 2019 Page 2 of 3

New Discipline File Structure and Codes

To accommodate this new collection , and to address structural issues with the current Student Discipline (SDIS) file, the COE is replacing the SDIS file with three new files, described below. In addition, the Disciplinary Action Category code set has been renamed, "Student Incident Result" and new codes have been added to this code set to collect the data needed to meet the new reporting requirements.

The three new files include:

o Student Incident (SINC) File, in which LEAs report all incidents: (1) resulting in the use of physical restraint, mechanical restraint, or seclusion; and (2) in which a statutory offense is committed.

o Student Incident Result (SIRS) File, in which LEAs report all results for each incident. Each incident should have at least one corresponding SIRS record for each student who were restrained or secluded, or who committed an offense:

o A student who is restrained or secluded, but not as a result of committing a statutory offense, should have a SIRS record with a Student Incident Result code of one of more of the following:

• (501) Physical Restraint. (new)

• (502) Mechanical Restraint (new)

• (600) Seclusion (new)

o A student who commits a statutory offense:

• Should have at least one SIRS record with Student Incident Result code of:

• (100) Out-of-School Suspension • (110) In-School Suspension • (200) Expulsion • (300) Other Means of Correction (m.odified to remove "No

Action") o (400) No Action (new) • (700) School-related Arrest (new) • (800) Law Enforcement Referral, not including school-related

arrests (new)

11 Could have an additional SIRS records with a Student Incident Result code of one or more of the following:

• (501) Physical Restra int (new) • (502) Mechanical Restraint (new) • (600) Seclusion (new)

P17

July 31, 2019 Page 3 of 3

Students may have more than one result record for one incident in order to fully capture the incident and the dispositions that result to address the incident. For example, a student may have been physically restrained and then placed in an InSchool Suspension. In this case, the student would have a SIRS record with 501 , and a SIRS record with 110. Or a student may be arrested, suspended, and later expelled. In this case, the student would have a SIRS record with 700, a SIRS record with 100, and a SIRS record with 200.

• Student Offense (SOFF) File, in which LEAs report the statutory student offense (Student Offense code) that was committed for any incidents in which a statutory offense was committed. LEAs are required to report all statutory offenses, regardless of the result type (e.g., regardless of whether the student was suspended or expelled). No changes have been made to the Student Offense code set.

The COE has reviewed these proposed files with the student information system (SIS) vendors and has made modifications based on their input. LEAs should consult with their SIS vendors regarding how these data are submitted to their local systems.

The new files and codes will be posted to the CALPADS web page in August 2019. Additionally, a follow-up to the December 2018 letter was sent to county and district superintendents, Special Education Local Plan Area (SELPA) Directors , and Charter School Administrators , informing them of the collection of this data in CALPADS. The letter reiterates that the data are to be collected for all students and stresses the importance of ensuring all staff are appropriately trained to identify, document, and report these incidents, particularly site administrators, so that CALPADS Administrators are not having to determine what constitutes incidents of restraint and seclusion that must be reported.

P18

General Education Behavioral Emergency Intervention Report

*To be completed by appropriate staffmember when a behavioral emergency and emergency inte1vention occurs.

*An emergency Intervention is defined as any intervention that "may onlv be used to control unpredictable. spontaneous behavior which poses clear and present danger of serious physical harm to the individual or others and which cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior" (5 CCR Section 3052[i]).

Report Date: ____Report Completed by: ______School Site: _____________ Pupils Name: Birth Date: __________ Age: ____ Date of Incident: ______Time Incident Began: ______ Time Incident Ended: ______

Setting and location of incident:---------------------------- District of Residence: ___________________________________

Student Information: Special Education Cl General Education Cl

Describe antecedent events and positive behavior interventions utilized prior to the emergency behaviors (please describe how any existing behavior plan was implemented by the staff):

Describe emergency behavior and interventions utilized: ____________________

Name(s)ofstaffinvolved:_____________________________~

District utilizes the following SELPA approved Crisis Progra1u ..----------------

o The following interventions were used during this incident:

o Physical Restraint

o Standing Restraint

o Seated Restraint

o Wall-assisted Restraint

o Floor-assisted Restraint

o Continuous Physical Prompts (student was actively resisting and exhibiting distress) o Physical Escort (student was actively resisting and exhibiting distress)

Injuries sustained by student (attach incident report): _____________________

Injuries sustained by others (including other students and staff):

Description of any property damage:--------------------------- Other pertinent information: ________________________________

P19

COPIES OF BEHAVIORAL EMERGENCY INCIDENT REPORTS WERE SENT TO:

POSITION NAME DATE Site Administrator*

Parent, Guardian or Residential Care Provider**

District of Residence*

Student's File*

Special Education Director

*California Ed. Code requires that an "emergency intervention report shall be immediately be completed

and maintained in the individual's file".

**California Ed. Code requires parent or guardian or residential provider shall receive a report within one

school day. The report may be verbal or in writing.

Signature of Person Completing this Report:---------------------Title:_______________________

Date: ________________________

P20

BEHAVIORAL EMERGENCY REPORT CHECKLIST

Note date and initials ofperson responsible.

1. The parent, guardian, and/or residential care provider, if appropriate, shall be notified within one school day when an emergency intervention is used.

2. The "Behavioral Emergency Report" shall immediately be completed by staff involved in the

intervention.

3. The "Behavioral Emergency Report" shall immediately be forwarded to and reviewed by, the

designated responsible administrator.

4 . Copy placed in student's file.

5. The responsible administrator will forward a copy of this form to the appropriate SELPA Program

Coordinator or the Special Education Director.

Writing a General Education Behavioral Emergency Report To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, or residential care provider, if appropriate, shall be notified within one school day if an emergency intervention is used or serious property damage occurs (property damage to the level that a general education

student can be suspended or expelled for ARTICLE 1. Suspension or Expulsion [48900 - 48927] (f). A "Behavior Emergency Report" (BER) shall immediately be completed and maintained in the file of the student. All staff members' involved write down notes about the occurrence as soon as possible. Those involved meet to jointly complete the report form, using their notes for reference. The BER must include all of the following:

)> The name and age of the student; ~ The setting and location of the incident; ~ The name(s) of the staff or other persons involved; )> A description of the incident and the emergency intervention(s) used; ~ Whether the student has a current systematic behavioral intervention plan; and ~ Details of any injuries sustained by the student, staff, or any other related individuals

All Behavioral Emergency Reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator

Follow-up Meeting Requirements Anytime a BER is written regarding a student who does not have a positive behavioral intervention plan. The designated responsible administrator shall:

~ Within 24 hours: Contact parent/guardian;

***If this student is a special education student, please make sure to complete the behavior emergency

report on the SELPA version of this report!!! Thank you!!

P21

This document was prepared to .support and guide Special Education Administ1•ators and District Level staii in deiining ~behavior emergency. It also D~initions ior eaclt are provided. The uniq~~ process for ensuring legal compUance is det~ile(l. And, finally, the maintenance of behavior emerge'10Y.records is a.Jso brielly des'1ribed. T~ assist Jn the process required for th~se students, iniorntation is displayed in the following pages for the deiinition oi a how to write a behavior emergency report, 'the Timelines to ioHow, maintenance oi records per district and SELPA level, "two decision trees i•egarding problem behaviors and behavior plans, a sample behavior emerg~ncy intervention report, and, a behavioral emergency report check,Jist.

P23

FLOWCHART GUIDE TO BEHAVIOR IMPEDING LEARNING IN RTI ENVIRONMENTS Diana Browning Wright

Behavioral Rtl has long been a dream of .consultants working with students with challenging behaviors. It is rapidly b.eing implemented in school districts across the country. But what if the student already has an IEP for a disability? Special education law applies, but so does behavioral Rtl for all students. To fully understand the follolfv'.ing flowchart, the reader will need to become familiar with the central principles of behavioral Rtl which include universal screening, fidelity of treatment at all Tiers, and making decisions .based on student progress monitoring data. Once familiar with the processes of behavioral Rtl, the next step is understanding the content of interventions and selecting them for implem~ntation at each of the three Tiers, To the extent practicable we are mandated to select evidence based interventions to distribute across the tiers. See: RT/ and Behavior: A Guide to Integrating Behavioral and Academic Suppor.ts by Sprague, Cool

MAYBE: It is impeding learning of student or peers.

In an Rtl environment, if the IEP team is not st,Jre the problem b~havlor has risen to the level of "behavior impeding learning" the IEP team will consider next steps. Minimally, the IEP team will specify goals in the· IEP and progress moriitor to be sure the behavior does not rise to the "impedes learn.ing" level. The Rtl team will exam.ine Tier 1 environment for areas in need of improvement ff the student Is non responsive to Tier 1 lncii'cated in the universal screening. If the Rtl team believes Tier 2 is now required because progress moni.toring datla indi·cates that need, those Tier 2 interventions will be applied.

NO: It is NOT Impeding learning of student or peers.

In this scehario, the IEP team has determined that the student has problem behaviors, but they are not interfering with learning. In this case, the IEP team wffl want to examine the Tier I environment to determine if changes there would E?liminate the proplem behaviors. Perhaps the in:;;tructional strategies, curric;:ulum and student characteristics are not in al.ignment, and the student requires some changes to be behaviorally and academically successful. If, however, the Tier 1 classroom environment does not need adjustment, then the student is now nohresponsive to Tier 1 and Tier 2 default behavior interventions stiould be implemented. ·

Throughout this process, the supports are increased, decreas.ed, and maintained dependi'ng on the student's progress monitoring data. This data is collected not only by the IEP team p·rocess, but in an Rtl environment, using Rtl logic, it will also be collected through the Rtl process used for all students in all classrooms.

©Diana Brownl.ng Wright, may be reproduced for non-commercial purposes, 2013

P25

http:Brownl.nghttp:decreas.ed

Behavioral Rtl for Students with IEPs

Under consideration of special factors in IEP content, at each IEP team meeting, whether a problem behavior is present and whether ft is impacting

educational performance Is discussed.

IEP team determines if behavior is impeding learning of student or peers

Effective?

Continue Tier 1

Effective?

Continue interventions, monitor for readiness for lower tiers as success is attained

Ineffective'?

Revise interventions, add interventions, evaluate least restrictive environment for IEP team placement decisions; consider if assessment for ED warranted

© Diana Browning Wright, may be reproduced for non-commercial purposes, 2013

P26

.... .... .. .... .....

· · WHEN eniieRGENcv tNrERVENr10Ns AR·e tJseo iN CALIFORNIA FOR A STUDENT WITH An IEP .

A problem behavior requiring an emergency intervention for safety occurs

Principal files Behavioral Emergency Report (BER), contacts parents and schedules an IEP meeting

Note: May also file site incident report

IEP team considers BOTH:

Is an "Interim Behavior Plan" required?

Is a F1.motional Behavioral Assessment needed?

IEP team initiates a FSA, then

subsequently develops a

positive behavioral intervention plan if IEP

team decides one is needed

after FSA report is reviewed

IEP team must write

rationale for no FBA

Develop an interim plan (can

be a positive behavioral

intervention plan

IEPteam must write

rationale for no interim

plan

If no FBA or Interim Plan, then IEP team further considers: "If behavior impedes learning of the student or others" and

"behavioral/ instruotional approaches are needed" and "strategies, including positive behavioral interventions strategies and supports," are needed because of this

behavior that required an emergency intervention

Adapted from Diana Browning Wright

P27

BEHAVIOR PLANS FOR STUDENTS WITII IEPs

IEP team dete1mines ifbehavior is impeding learning of student or others

Tier 1 Supp01ts

Goals to monitor progress; consider

Tier 2 supports

Effective?

Continue

Tiet 2 or Tier 3 supports; specify

strategies including positive behavioral

interventions, strategies & supp01ts

(e.g., a Behavior Intervention Plan) or other interventions

Effective?

Continue

Develop a BIP based on an FBA ifnot previously done

Must examine BIP and alter or reconduct FBA

The BIP Desk Reference Secllon 1 See www.penl.ca.gov Page 13of14

P28

http://www.penl.ca.gov

San Mateo County .. SELPA rreapeeea~ uca eon

San Mateo County Office pfE(lucation • 101 Twin Dolphin Drive• Redwo.od City, CA 94065-1064· • (650) 802-5464 •Fax (650) 802-5414·

BEHAVIORAL EMERGENCY INTERVENTION REPORT

•robe completed by appropriate staffmemqel' when a behavioral emerpency and emergency inte1vention occurs.

*An emergency Intervention is defined as any intervention that "may onlv be used to control unpredictable. spontaneous behavior which poses clear and present danger of serious physical harm to the individual or others and which cannot be immediately prevented by a response less restrictive than the temporary application ofa technique used to contain the behavior" (5 CCR Section 3052[i]) .

Report Date: ____Report Completed by: ___ _ __School Site: ____________ Pupils Name: Birth Date: _________Age: ___ Date of Incident: _____Time Incident Began: ______ Time Incident Ended: ______

Setting and location of incident:---------------------------- District ofResidence:-------------------------------

Describe antecedent events and positive behavior interventions utilized prior to the emergency behaviors (please describe how any existing behavior plan was implemented by the staff):

Describe emergency behavior and interventions utilized: ___________________

Name(s) of staff involved: _____________________________

District utilizes the following SELPA approved Crisis Program: a The following interventions were used during this incident:

a Physical Restraint

a Standing Restraint

a Seated Restraint

a Wall-assisted Restraint

a Floor-assisted Restraint

a Continuous Physical Prompts (student was actively resisting and exhibiting distress) a Physical Escort (student was actively resisting and exhibiting distress)

Injuries sustained by student (attach incident report): ____________________

Injuries sustained by others (including other students and staff): ________________

Description of any property damage:-------------------------

Other pertinent information:-----------------------------

P29

http:Redwo.od

Check one: Ostudent does not have a current Behavior Intervention Plan: Within two days of the behavioral emergency, the designated responsible administrator shall schedule an IEP meeting to review the emergency report, to determine the necessity for a Behavior Assessment and to determine the need for an interim Behavior Plan or Behavior Intervention Plan.

Ostudent does not have a current Behavior Intervention Plan: The IEP Team agreed a behavior assessment was warranted and an assessment plan was s~gned by the student's parent or guardian.

D Student has an existing Behavior Intervention Plan: When an incident involving a previously unseen serious behavior problem occurs or where a previously designated intervention is not effective, student should be referred to the IEP team to be reviewed and determine if the incident constitutes a need to modify the plan.

COPIES OF BEHAVIORAL EMERGENCY INCIDENT REPORTS WERE SENT TO:

POSITION NAME DATE Site Administrator*

Parent, Guardian or Residential Care Provider*~'

SELPA Office (a copy of the report must be submitted to the local SELPA office)

District of Residence*

.. Student's File*

Special Education Director

*California Ed. Code requires that an "emergency intervention report shall be immediately be completed and maintained in the individual's file". ' **California Ed, Code requires parent or guardian or residential provider shall receive a report within one school day. The report may be verbal or in writing.

Signature of Person Completing this Report:---------------------Title:________________________

Date: ________________________

P30

BEHAVIORAL EMERGENCY REPORT CHECKLIST

Note date and initia~s ofperson responsible.

1. The parent, guardian, and/ or residential care provider, if appropriate, shall be notified within one

school day when an emergency intervention is used.

2. The "Behavioral Emergency Report" shall immediately be completed by staff involved in the

intervention.

3. The "Behavioral Emergency Report" shall immediately be forwarded to -and reviewed by, the designated responsible administrator.

4. Copy placed in student's file.

5. If the "Behavioral Emergency Report" was written regarding a student who does not have a qehavioral intervention plan, the designated responsible administrator shall, within two days, schedule an IEP to determine whether a Behavior Assessment should be conducted and/or an interim behavior plan developed or an existing BIP revised. Parent notice is given and consent must be obtained prior to commencement of Behavior Assessment.

6. If the "Behavioral Emergency Report" was written regarding a student who has a behavioral intervention plan, any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective should be referred to the IEP team to review and determine if the incident constitutes a need to modify the plan.

7. The responsible administrator wi11 forward a copy of this form to the appropriate SELPA Program Coordinator and the Special Education Director.

P31

Writing a Behavioral Emergency Report To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, or residential care provider, if appropriate, shall be notified within one school day if an emergency intervention is used or serious property damage occurs (property damage to the level that a.general education

student can be suspended or expelled for ARTICLE 1. Suspension or Expulsion [48900 - 48927] (f). A "Behavior Emergency Report" (BER) shall immediately be completed and maintained in the file of the student. All staff members' involved write down notes about the occurrence as soon as possible. Those involved meet to jointly complete the .report form, using their notes for reference. 'The BER must include all of the following:

} The name and age of the student;

} The setting and location of the incident;

}:- The name(s) of the staff or other persons involved;

}:- A description of the incident and the emergency intervention(s) used;

}:- Whether the student has a current systematic behavioral intervention plan; and

}:- Details of any injuries sustained by the student, staff, or any other related individuals

All Behavioral Emergency Reports shall immediately be forwarded to, and reviewed by, a designated responsible administra,tor. lfthe stui;!ent is receiving services from a nonpublic $chool, nonpublic agency, and/or residential treatment center, a copy bf the report must be sent the SELPA per the Master Contract within 72 hours. The SELPA Behavior Emergency Report is incl.uded with this document anc:j. i~ available on the SM COE website: stncoe.org under document finder.

Follow-up Meeting Requirements The flow chart in this packet provides a picture of this process. Anytime a BER is written regarding a student who does not have a positive behavioral intervention plan. The designated responsible administrator shall:

} Within 24 hours: Contact parent/guardian; }:- Within 48 hours: Schedule an IEP team meeting to review the BER and determine the need for a behavior

assessment and/or need for an interim plan. }:- Within 72 hours: The BER will be sent to the student's district Special Education Director and the SELPA

Program Coordinator (Natasha King, nking@smcoe.org). }:- At the IEP Meeting: The IEP team shall document in the IEP Team Meeting Notes Page the reasons for not

conducting a Behavioral Assessment and/or not developing an interim plan OR initiate a Behavioral Assessment

}:- Ensure the behavior assessment is completed as soon as possible so the results and recommendations for development or modification of a positive behavior intervention plan are available for review by the IEP team.

Anytime a BER is :wi'itten regarding a student who has a behavior intervention plan, an incident involving a previously unseen serious behavior problem, or where a previ.ously designated intervention is ineffective, the administrator shall refer the incident to the IEP team to review and determine if the incident constitutes a need to modify the BIP.

• Minor modifications to the BIP to improve program effect.ivene.'?S can be mad~ by Without an entire IE}J present. Any minor modification must be added to the BIP only ifthe parent is notified of the need and is able to review the existing program evaluation data (i.e., incident reports, point sheets, progress reports, etc.) prior to the implementation of any changes. The parent must also be informed of the right tb ·question any modification to the plan by going through the IEP proced1,1res.

• Significant changes require the teacher and qualified designee to conduct additional behavior assessment(s). Proposed changes to the BIP are to be based on the· behavior assessment results.

An IEP Team or behavioral intervention planning team capitalizes on the experience and expertise for all its members. The student's parents, as well as all school staff have an integral part in the planning and intervention process.

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mailto:nking@smcoe.orghttp:stncoe.org

Resources and References

for Revised PENT BIP Desk Reference

Compiled by1 Ann England,, M.A., CCC-SLP-L, PENT Leader, Assistant Director, Diagnostic Center, Northern California Rebecca Valero, PENT Leader, Behavior Specialist, West Contra Costa Unified School District/SELPA Rebecca Peck, PENT Leader, Behavior Intervention Specialist, Livermore Valley Joint USO Sharl Gent, M.S., Education Specla!lst, Dlagnosilc Center, Northern Californla Denise Keller, M.A. BCBA, PENT Leader Mendocino County SELPA Vanessa Smith, M.A. BCBA, PENT Leader, Diagnostic Center, Southern Callfornla

CALIFORNIA DEPARTMENT OP EDUCATION (GOE) Education Code Gh. 5.5. Behavioral Interventions http://www.cde.ca.QoV/sp/se/ac/blpltr090fr13attchmnt.asp Excerpts Related to Beha~foraf lnter:vention from Assembly Bii.i 86, The Educalfon Omnlbu's Trailer Bill, Chapter 48, ·statutes of 2013 Changes to State of CA requirements for behavioral http://www.cde.ca.gov/sp/se/ac/bip.asp

intervention plans (BIP)

Monitor tor uoo9rnJm1 !:lufdance letti:irs

SyUabus of Guidance on Behavior-Related Issues http://www.cde.ca.gov/sp/se/ac/syllabusofguldance.asp

This Web page provides a syllabus offederal and state

publications and Web sites providing guidance on behavior-

related issues, particularly as they affect students who are

flllalbll'! for soecia.I f;lduoailQn ;;i_nd reJ;;iJec;f servlc;es

Bullying & Hate-Motivated Behavior Prevention http:/fwww.cde.ca.gov/ls/ss/se/bul(ylngprev.asp Provides resources for parents, administrators, and students on how bullying can be prevented and addressed. Resources Include publications, sample policies, and frequently asked auestfPns Classroom Management: A California Resource http:/fwww.cde.ca.gov/ls/ss/se/classroommgmt.asp Guide This guide, developed by the COE, In collaboration with the LACOE, responds to Callfornla teachers and admfnf.strators faced with a growing need to successfully manage unwanted behavior In the classroom. The guide addresses a wide range of student behavior problems In order lo create "environments conducive to learning," as required In the No Child Left Behind Act of2002 lNOl.,8).

U.~. DEPARTMENT Of EDUCATION ANO OFF.ICE OF SPECIAL, EDUCATION .PROGRAMS lOSEP) PBIS (Positive Behavloral Interventions and Supports) http:/fwww.pbls.org/ OSEP Technical Assistance Center Positive Behavior Supports and the Law http://www.pbis.org/school/pbls~and.Jhe_law/default.aspx

U.S. Departments of Education and Justice School http://www.ed.gov/news/press-releases/us-departments-Climate Discipline Guidance Packi'Jge eduaation-and-justice-release-school-dlsclplfne-guldance-

Pcickage . • Dear Colleague Guidance Letter http://www2.ed.gov/about/offices/lisVocr/letters/colleague

201401-1itle-vl.pdf

• Guiding Principles Document http://www2.ed.gov/poficy/ge·n/guid/school-disclpllne/guidingprlnciples.pdf

• Directory of Federal School Climate and hftp://www2.ed.gov/pollcy/gen/guid/school0 Discipline Resources disCipllne/appendlx-1-directory. pdf 0 Compendium of School Discipline Laws and http://www2.ed.gov/pollcy/gen/guld/school-

Regulations disclpline/appendix-2-c(Jmpendlum-of~laws-and-reaulatloni:;.odf

The BIP Desk Reference Section 2 See www.pent.ca,gov Paga 2 of7

P33

http://www.cde.ca.gov/sp/se/ac/blpltr0905i3attchmnt.asphttp://www.cde.ca.gov/sp/se/ac/bip.asphttp://www.cde.ca.gov/sp/se/ac/syllabusofguidance.asphttp://www.cde.ca.goy/is/ss/s'e/bullylngprev.asphttp://www.cde.ca.gov/ls/ss/se/classroommgmt.asphttp://www.pbis.org/http://www.pbis.org/school/pbls_and_theJaw/default.aspxhttp://www.ed.gov/news/press-releases/us-departments-http://www2.ed.gov/policy/gen/guid/school-discipline/guiding-http://www2.ed.gov/policy/gen/guid/school-http://www2.ed.gov/policy/gen/guid/school-http://www.pent.ca.gov

BEST BEHAVIOR SCHOOLS Institute on Violence and Destructive Behavior (IVbB) http://darkwing.uoregon.eduHvdb/lnqex.html Community-Based Prevention and Intervention (BEST Behavior Schools)

ASSOCIATIONS Positive Behavioral Supports: lnformat,lon for Educators

Professional Association fqr CA School Psychologists

ASAI Association for B.ehavlor Anal · sis International

CALIFORNIA TECHNICAL ASSISTANCE CENTER ON PBIS I GalTAC PBIS Inc. I http://wl.NW.pbiscaltac.org/

NATIONAL DISSEMINATION CENTER FOR CHILDREN WITH DISABILITIES NICHCY

JOURNALS/PUBLICATIONS Journal of Positive Behavior Interventions Beyond Behavior Behavioral Disorders Journal of Applied Behavior An~lysis

Teachino Exceptional Children LRP Publications: Behavior Manaoement and Discipline

htto://intl-obl.saoeoub.com/ http://www.ccbd.net/publicatlon·s/beyondbehavior htto://www.ccbd.net/oublicatlons/behavloraldlsorders http://ordering.onllnellbrary. wiley .cdm/subs.asp?ref=19383703&dol=10.1002/(ISSN)1938-3703 http://www.cec.sped.oro/ http://www.shoplrp.com/i:1en etl/cat-behave.html

ARTICLES TITLE RESOURCE

School-Wide Positive Behavior Support and Response to RTI ACTION NETWORK: Intervention by George Sugai, Ph.D. http://INww.rtinetwork.org/learn/behavior

suonorts/sch·oolwidebehavlor Culturally Responsive Positive Behavior Support Matters EQUITY ALLIANCE: {2012) http://crpbls.org/documents/CRPBIS%20Brlef_Bal%20et%20

al 2012.odf Race Is Not Neutral: A National Investigation Of Afiican SCHOOL P~YCHOLOGY REVIEW: American And Latino Dlsproportlonallty In School Vol 40, no 1, pp. 85-107 Discipline by RH Horner, RJ Skiba, et.al. (2011) Positive behavioral iriterventlons and supports: history, PBIS defining features, and misconceptions by G. Sugai {2012) http://www.pbls.org/school/pbls_revislted.aspx

Clinical Applicatlon of Functional Analysis Methodology ABAI (Association for Behavior Analysis International) By Brian A Iwata (2008) htto://www .ncbl .nlm.nih .oov/omc/artlcles/P M C2846577 / Exploring the link between evidence-based quality of Journal of Special Education, 46, 3-16 behavior Intervention plans, treatment Integrity and student outcomes under natural educational conditions.by Cook, C.R., Mayer, G.R., Browning-Wright, D., Kraemer, B., Gale, B. & Wallace, M.D (2012)

The BIP Desk Reference Secllon 2 Sae www.pant.ca.gov Paga 3 of7

P34

http://darkwing.uoregon.edu/~ivdb/index.htmlhttp://www.nasponline.org/resources/factsheets/pbshttp://www.casponline.org/http://www.apbahome.net/lndex.phphttp://www.calaba.org/http://http.V/www.abainternational.org/http://www.apbs.org/http://thenadd.org/http://www.pbiscaltac.org/http://http.V/nichcv.org/schoolage/behavior/behavassesshttp://intl-pbl.sagepub.com/http://www.ccbd.net/publicatlons/beyondbehaviorhttp://www.ccbd.net/publications/behavloraidlsordershttp://ordering.onllnelibrary.wiley.com/subs.asp?ref=1938-3703&do!=10.1002/(ISSN)1938-3703http://ordering.onllnelibrary.wiley.com/subs.asp?ref=1938-3703&do!=10.1002/(ISSN)1938-3703http://www.cec.sped.org/http://www.shoplrp.com/genhttp://www.rtinetwork.org/learn/behavior-http://crpbis.org/documents/CRPBIS%20Briefhttp://www.pbls.org/school/pbls_revisited.aspxhttp://www.ncbi.nlm.nih.gov/pmc/articles/PMC2846577/http://www.pent.ca.gov

Effects of training on the use of the Behavior Support Journal of Positive Behavior 1.nterventlons, 179-189 Plan Quality Evaluation Gulde with autism educaiors: A preliminary Investigation examining positive behavior support plans by Kraemer, B. R., Cook, C. R., BrowningWrli:iht, P., Maver, G. R., & Wallace, M. D, (2008\ Establishing and evalw;iting the substantive adequacy of Journal of Behavioral Education, 16, 191-206 positive behavior support plans by Cook, C. R., Crews, D., Browning-Wright, D., Mayer, R., Gale, B., & Kraemer, B, (2007\ A preliminary study on the effects of training using Education and Treatment of Children, 30, 89-106 behavior support plan quality evaluation_guide (BSP-QE;) to improve positive behavioral support plans by Browning-Wright, D., Mayer, G. R., Cook, c. R., Crews, D., Kraemer, B. R., 8\ Gale, 8. (2007\

BOOKS

TITLE AUTHOR(S)/PUBLISHER

Applied Behavior Analysis, Second Edition (2006) Cooper, John O.& Heron, Timothy E:. & Heward, Wiiiiam L. Pearson Educatio11, Jnc.,

Applied Behavior Analysis for Teachers, Ninth Edition Arberto, P. &Troutman, A. Upper Saddle River, NJ: Pearson (2013) gd.uoation, Inc;,

Behavior Support Strategfes for Education Henson, W. , available at, http://www.amazon.com/

Paraprofessionals (2008)

Best Behavior: A F'ully Integrated Behavior Management Sprague, J.& Golly, A., Sopris Learning

Svstem, Second Edition (2012\

Evidence-Based Practices for E::ducatlng Students with Yell, M., Meadows, N. Drasgow, E.,& Shriner, J., Pearson Emo!Jonctl and 13eh~!Viornl Disorders (2009) Education, Inc;.

F'lrst Days of School: How to Be an Effective leacher Wong, Harry K.,

(2001) https://www.effectiveteaohing.com/products.php?product::::Th

e-fln>t-Days-of-School Punctional Assessment and Program Devei9pment for Horner, R., Sprague, J., O'Neill, R., Albin, R.W., &Storey, K., Problem Behavior: A Practical Handbook (2014) Cenm:ii:ie Learnlni:i Pub!lsner

Handbook of E:vldence-Based Practices for E!motlonal Walker, H.& Gresham, F., lhe Guilford Press

and Behavioral Disorders: Aooiioations in Schools (2013)

Managing Challenging Behaviors in Schools: Research- Lane, K.L., Menzies, H.M., Bruhn, A.L. &Crnoborl, M., !he Ba.sed stratei:i!es that Work (2011)

What is a Behavior Intervention Plan (BIP)? A Behavior Intervention Plan can be used as a "proactive action plan to address behavlor(s) that are impeding learning of the student or others." It is assumed that lesser interventions at Tier I and Tier II have not been successful. BIPs are appropriate for all students. If developed for a student with an IEP or 504 plan, this becomes a part of those documents. This BIP includes "positive behavioral interventions, strategies and supports." "Behavior Intervention Plans should focus on understanding 'why' the behavior occurred (i.e. 'the function' or 'communicative intent') then focus on teaching an alternative behavior that meets the student's need in a more acceptable way. This includes making instructional and environmental changes, providing reinforcement, reactive strategies and effective communication."-all of which will be explained and outlined in this manual. (Diana Browning Wright, Behavior/Discipline Trainings, 2006)

Why Do I Have to Write One? Every student is entitled to make yearly academic growth. No Child Left Behind (NCLB) and Individuals with Disabilities Education Act Reauthorization 2004 (termed either IDEA or IDEIA) are in alignment.

The educational experience of the student must address the instructional strategies and curriculum and tasks that will allow this student to progress. Consequently, any behaviors that interfere with the learning process need to be addressed for the benefit of the student, his or her peers and to enhance the general learning environment for all.

Furthermore, when all implementers (teachers, paraprofessionals, administrators, support providers, etc.) have participated as a team in developing a plan, each member is able to address the problem in a consistent way. When parents, and where possible, the student, have also participated, home-school communication systems can be more effective.

Who Should Be on a Behavior Intervention Team? The members of the Behavior Intervention Team will depend upon the specific needs of the student in question. In some cases the team may consist of regular education teachers, an administrator and a counselor. In other cases th~ Student Study Team, 504 team or IEP team may form the Behavior Intervention Team.

The BIP Desk Reference Section 1

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P36

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' r - '

Successful Behavio·r Plan Phases '

Each phase of the behavior planning process needs to be accomplished in order to facilitate success of the plan.

Addressing the Problem Behavior D Teacher/staff member makes personal contact with parent/guardian to establish

a working relationship, discuss concerns and brainstorm possible solutions Q Classroom interventions are implemented and data collection on outcomes begins

If classroom Interventions are unsuccessful, teacher Informs other professionals that this student exhibits behavior that is interfering with the learning of student and/or peers -.

Understanding the Problem Behavior

• Teacher may consult with other profesi;;ionals (counselor, administrator, psychologist, program specialist, language/speech spedialist, nurse, etc) to understand the cause of the misbehavior and brainstorm solutions • Teacher collected data is evaluated: checklists, observations, event records

•Developing a Behavior Intervention Plan • The Behavior lnte·rvention Plan learn meets to formally discuss and strategize on:

1) contributing environmental factors, 2) functional factors (why the student Is misbehaving) (If the student has an IEP, this is an IEP team function.)

• A formal plan of action, the BIP, is developed with behavior goals are developed . • Roles/responsibilities are assigned. Many people can be designated on the BIP. • A system of communication between the involved parties is formalized

•Implementing the Behavior Intervention Plan D The environment and/or curriculum is changed to support both functionally

equivalent replacement beh9vior (FERB) AND general positive behaviors

• New appropriate behaviors and FERB ls taught and reinforced .. Goal(s) acquisition is continuously monitored as specified • Four reactive strategy phases are outlined and followed • The communication olan to oroqress mon.itor the interventions is followed•Monitoring/Evaluating the Plan

Team members monitor the success of the plan and document progress ., The team re-convenes to review progress, as appropriate

• If unsuccessful, team plans next steps (revise, redo, assess, etc.)

The BIP Dasi< Rafere:nce SecUon 1

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AGGRESSIVE BEHAVIOR: S TUDENTS WITH IEPs AND 504 PLANS Diana Browning Wright

yvhat !f _the_student vyho ~ng~9~_s . in a9~ressiv~ beha~i_o~. ~~s an IEP/504?

Remember: 10 days of FAPE free removals (i.e., in school or out of school suspensions) must be followed by an IEP meeting to conduct a manifestation determination for every removal (both In and out of school suspension) that occurs past 1 O days even if the behavior is the l:!ame behavior over an over! During the removal, the Principal must make sure there is no "pattern" constituting a defacto change in placement due to the removal. If the behavior is a manifestation of the disability, we must conduct a Functional Behavioral Assessment (and implement interventions).

1. What if the student who engages in aggressive behavior has an IEP and the parents revoke placement, or if there Is no IEP, the parent won't allow assess_m~I)~ o_r placem.~11.t? ..

Parent Revocation. of Consent for Special Education and Related Services, 34 C.F.R. 300.300

1. Parent may refuse or fail to respond to a request for the "initial provision of special education and related services to a child with a disability. If so, the LEA may not pursue mediation and/or due process hearing seeking an agreement or ruling that services be provided to the chlld. 34 C.F.R. 300.300(b )(3)(i).

2. If a parent fails or refuses to give written consent for the provision of special education and related services to a child with a disability, the LEA will not be in violation of the requirement to provide FAPE, and is not required to convene an IEP meeting or develop an IEP. 34 C.F.R. 300.300(b)(3)(ii) and (iii).

3. If, at any time subsequent to the initial provision of special education and related service, the parent of a child revokes consent in writing for the continued provision of special education and related services, the LEA:

a. May not continue to provide special education and related services to the child;

b. Must provide prior written notice (PWN) before ceasing the provision of special education and related services;

c. May not use mediation or due process hearing procedures seeking to obtain an agreement or ruling permitting the provision of special education and related services to the child;

d. Will not be in violation of the FAPE requirement;

1

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e. Is not required to convene an JEP meeting or develop an IEP. 34 C.F.R. 300.300(b}(4)(i) through (iv).

2. What If the aggressive behavior required SRO involvement, or local law enforcemen_t, _ca11 \_'Ve disclose edtJcationai recQrds?

NEW FERPA REGULATIONS (Effective January 8, 2009) Published at Federal Register, Vol. 73, No. 237, Tues!=)ay, December 9, 2008. http://edocket.access.gpo.gov/2008/E8-28864.htm

A. Definition of "Education Records," 34 C.F.R. 99.3(b)(6)

FYI: Owasso Ind. Sch. Dist. v. Falvo, 534 U.S. at 435 (2002} - The new rags essentially adopt the US Supreme Court's FALVO deci$ion; which allows teachers to conduct g·roup grading of classroom assignments within the classroom, even though that grade may become a part of a student's protected educational records.

There are some significant changes regarding how personally identifiable

information (Pll) may be disclosed. The definition of Pll was changed:

"Personally Identifiable Information The term includes, but is not limited to-(a) The student's name; (b) The name of the student's parent or other family

members; (c) The address of the student or student's family; (d) A personal

identifier, such as the student's social security number, student number, or

biometric record; (e) Other indirect identifiers, such as the student's date of

birth, place of birth, and mother's maiden name; (f) Other information that,

alone or in combination, is linked or linkable to a specific stwdent that would

allow a reasonable person In the school community, who does not have

personal knowledge of the relevant circumstances, to identify the student with

reasonable certainty; or (g) Information requested by a person who the

educ_ational agency or institution reasonably believes knows the identity of the

student to whom the education record relates."

B. Outsourcing to Third Parties Who Qualify as "School Officials" with A "Legitimate Educational Interest," 34 C.F.R. 99.31 (a)(1 )(i)(B)

1. School officials may disdose, without obtaining informed parental consent,

personally-Identifiable informC)tion about a student to the following

individuals:

- School attorneys to whom a school district has outsourced legal

services (even though the attorney is never hired as an employee of

the school district).

- Parent volunteers who serve on official committe('}s, serve as teacher's

aides, or any function for which they need access to student records to

perform their duties.

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- Non-teaching Staff. At the school's discretion, personally-identifiable information from education records may be disclosed to bus drivers, school nurses, practicum and fieldwork students, unpaid interns, consultants, contractors, volunteers, and other outside parties providing institutional functions, provided that notice is given to parents and appropriate training has been provided.

- School Resource Officers may review personally~identifiable information from education records ONLY if they are "employed by the agency"· and therefore under the "direct control" of the school district, and if appropriate notice has been given.

- Outside Police Agencies - Police officers and/or sheriffs deputies who are not directly employed by the school district DO NOT quali.fy as "school officials" and therefore are NOT entitled to have access to educc;ition records unless there is a health or ~afety emergency, a lawfully issued subpoena or court order, or some other FERPA exception. (Not~ from Dia.na Browning Wright}: As was discussed in the Fail Institute, Investigation of a student's threat of violence would be considered a safety emergency.)

C. Personally-Identifiable Information, 34 C.F.R. 99.3 and 99.31 (b)

1. The only parties who have CJ right to access education records under FERPA are parents and eligible students. "Journalists, researchers, and other members of the public have no right under FERPA to acces.s education re.cords for school accountability or other matters of public interest, including misconduct by individuals running for public office." Comments, p. 74831.

2. Records that identify CJ student by a nickname, initials, or personal characteristics are considered "personally-identifiable information" only if a "reasonable person in the school community" who does not have personal knowledge about the situation could identify the student with "reasonable certainty.