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Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities

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Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities. Session V Chapters 8-11. Presented by… Jim Parker Coordinator Office of Assessment and Accountability. Introducing…. Policy 2419: Regulations for the Education of Students with Exceptionalities. - PowerPoint PPT Presentation
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West Virginia Department of West Virginia Department of Education Education Introducing ……. Introducing ……. Policy 2419: Policy 2419: Regulations for the Regulations for the Education of Students with Education of Students with Exceptionalities Exceptionalities
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Page 1: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Introducing …….Introducing …….Policy 2419: Policy 2419: Regulations Regulations for the Education of for the Education of Students with Students with ExceptionalitiesExceptionalities

Page 2: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Session VSession VChapters 8-11Chapters 8-11

Presented by…Presented by…Jim ParkerJim ParkerCoordinatorCoordinatorOffice of Assessment and AccountabilityOffice of Assessment and Accountability

Page 3: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Introducing….Introducing….Policy 2419: Regulations for Policy 2419: Regulations for the Education of Students the Education of Students with Exceptionalitieswith Exceptionalities

http://wvde.state.wv.us/intro2419/http://wvde.state.wv.us/intro2419/

Page 4: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Office of Special Programs, Office of Special Programs, Extended and Early LearningExtended and Early Learning

http://wvde.state.wv.us/ose/http://wvde.state.wv.us/ose/

Page 5: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

TRAINING COMPONENTSTRAINING COMPONENTS

Presentation Presentation Supplementary materialsSupplementary materials Participant notesParticipant notes Policy 2419 (final document or billPolicy 2419 (final document or bill analysis version)analysis version) Participant questions and WVDE responses Participant questions and WVDE responses Training CalendarTraining Calendar Policy 2419 Training SynopsisPolicy 2419 Training Synopsis

Page 6: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Policy 2419 Policy 2419

Session VChapters

8-11

Session IVChapter 6

Administration Of Services

Session IIIChapter 7Discipline

Session IIChapter 4

RTI

Session IChapters

1-5

Policy 2419

Page 7: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

SESSION V MAPSESSION V MAP

CHAPTERS 8-11

CHAPTER 8PRIVATE SCHOOLS

CHAPTER 9GENERAL

SUPERVISION

CHAPTER 10PROCEDURAL SAFEGUARDS

CHAPTER 11DISPUTE

RESOLUTION

-Unexpended funds

-NIMAS-Over identification &

disproportionaterepresentation

-Parent consent -Refusal

-Timelines for IEE-Surrogate parent

requirements

-State complaints-Due process

complaints

Page 8: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

ADVANCE ORGANIZERADVANCE ORGANIZER

The purpose of this session is to:The purpose of this session is to:

Provide an overview of significant Provide an overview of significant revisions to Policy 2419; revisions to Policy 2419;

andand Continue the dialogue regarding these Continue the dialogue regarding these

revisions.revisions.

Page 9: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 8Chapter 8

p. 96 Section 2. Students Voluntarily Enrolled…p. 96 Section 2. Students Voluntarily Enrolled…E. Determining Funding…E. Determining Funding…

If a district has not expended for equitable services If a district has not expended for equitable services for all of the funds described in the expenditure for all of the funds described in the expenditure requirements by the end of the fiscal year, the requirements by the end of the fiscal year, the district must obligate the remaining funds for district must obligate the remaining funds for special education and related services to special education and related services to parentally-placed private school students with parentally-placed private school students with disabilities (SWDs) during a carry over period of disabilities (SWDs) during a carry over period of one additional year.one additional year.

Page 10: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 9-General Supervision Chapter 9-General Supervision & Accountability& Accountability

p. 102 Section 1. General Supervision, A. p. 102 Section 1. General Supervision, A. Responsibilities of the WV Board of EducationResponsibilities of the WV Board of Education

……Adopt the National Instructional Materials Adopt the National Instructional Materials Accessibility Standard (NIMAS) for the Accessibility Standard (NIMAS) for the purposes of providing instructional materials to purposes of providing instructional materials to persons with blindness or other persons with persons with blindness or other persons with print disabilities in a timely manner.print disabilities in a timely manner.

Page 11: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 9-General Supervision Chapter 9-General Supervision & Accountability& Accountability

p. 103 Section 1. General Supervision, B. p. 103 Section 1. General Supervision, B. Responsibilities of the WVDEResponsibilities of the WVDE

6. Policies and procedures are in place to 6. Policies and procedures are in place to prevent appropriate overidentification or prevent appropriate overidentification or disproportionate representation…..disproportionate representation…..

Page 12: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 9-General Supervision Chapter 9-General Supervision & Accountability& Accountability

p. 107 Section 2. State Performance Plan, A. p. 107 Section 2. State Performance Plan, A. Performance Goals and IndicatorsPerformance Goals and Indicators

IDEA 2004 requires states to measure progress IDEA 2004 requires states to measure progress annually on performance goals and indicators annually on performance goals and indicators established by the U.S. Department of established by the U.S. Department of Education for students with disabilities related Education for students with disabilities related to participation and results on statewide to participation and results on statewide assessments, graduation rates, drop-out rates, assessments, graduation rates, drop-out rates, disproportionality and suspension rates.disproportionality and suspension rates.

Page 13: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 115 Section 2. Procedural Safeguards Notice, p. 115 Section 2. Procedural Safeguards Notice, B. When the Procedural Safeguards Notice is B. When the Procedural Safeguards Notice is ProvidedProvided

A parent/adult student may receive the A parent/adult student may receive the procedural safeguards notice (and other procedural safeguards notice (and other required notices) by email if the district makes required notices) by email if the district makes that option available. that option available.

Page 14: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 115 Section 3. Prior Written Notice (PWN)p. 115 Section 3. Prior Written Notice (PWN)

Documentation of proposed decisions or refusalsDocumentation of proposed decisions or refusals At this time, previous training recommendations are in At this time, previous training recommendations are in

effect; PWN must be provided if:effect; PWN must be provided if: Parent does not attend the meetingParent does not attend the meeting Parent/district disagreement occursParent/district disagreement occurs PWN is HIGHLY recommended if uncertainty with PWN is HIGHLY recommended if uncertainty with

regard to parent agreement existsregard to parent agreement exists PWN can be documented in a variety of formatsPWN can be documented in a variety of formats

Page 15: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 118 Section 6. Informed Consent, A. Informed p. 118 Section 6. Informed Consent, A. Informed Consent RequiredConsent Required

Repeat from Chapters 1 and 5:Repeat from Chapters 1 and 5: Consent to access public insurance and private Consent to access public insurance and private

insuranceinsurance Consent to invite other agency representatives who Consent to invite other agency representatives who

may be paying for or providing transition servicesmay be paying for or providing transition services

Page 16: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 119 Section 6. Informed Consent, C. Refusal to p. 119 Section 6. Informed Consent, C. Refusal to Give ConsentGive Consent

For initial evaluations, the district may not use For initial evaluations, the district may not use mediation or due process procedures if mediation or due process procedures if consent for initial evaluation involves a student consent for initial evaluation involves a student who has been parentally enrolled in a private who has been parentally enrolled in a private school or is being home schooled.school or is being home schooled.

Page 17: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 119 Section 6. Informed Consent, C. Refusal to p. 119 Section 6. Informed Consent, C. Refusal to Give ConsentGive Consent

If a parent refuses consent to respond to a If a parent refuses consent to respond to a request for consent to initial provision of request for consent to initial provision of special education and related services after the special education and related services after the district has documented reasonable efforts to district has documented reasonable efforts to obtain consent, the district cannot use obtain consent, the district cannot use mediation or due process to obtain placement.mediation or due process to obtain placement.

Page 18: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 120 Section 7. Independent Educational Evaluation p. 120 Section 7. Independent Educational Evaluation (IEE), B. Procedures for Requesting an IEE(IEE), B. Procedures for Requesting an IEE

Within five days of a written request for an IEE, the Within five days of a written request for an IEE, the district MAY ask for an explanation…district MAY ask for an explanation…

Within ten Within ten schoolschool days of the written request, the days of the written request, the district must provide information where the IEE can be district must provide information where the IEE can be obtained and the agency criteria…obtained and the agency criteria…

Page 19: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 121 Section 7. Independent Educational Evaluation (IEE), C. District p. 121 Section 7. Independent Educational Evaluation (IEE), C. District Responsibilities…Responsibilities…

Within ten Within ten schoolschool days of a written request for an IEE, the district days of a written request for an IEE, the district must do one of the following:must do one of the following: Agree in writing to pay for IEE and provide informationAgree in writing to pay for IEE and provide information Offer mediation if parents agreeOffer mediation if parents agree Request a due process hearingRequest a due process hearing

Within ten Within ten schoolschool days of the written request, the district must days of the written request, the district must provide information where the IEE can be obtained and the agency provide information where the IEE can be obtained and the agency criteria…criteria…

Page 20: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 122 Section 8. Surrogate Parents, A. p. 122 Section 8. Surrogate Parents, A. Referral for a Surrogate ParentReferral for a Surrogate Parent

The district will make a good faith effort The district will make a good faith effort and maintain records of attempts to and maintain records of attempts to locate a parent.locate a parent.

Page 21: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 10-Procedural Chapter 10-Procedural SafeguardsSafeguards

p. 122 Section 8. Surrogate Parents, B. Criteria for p. 122 Section 8. Surrogate Parents, B. Criteria for Serving as a Surrogate ParentServing as a Surrogate Parent

In the case of a homeless student who is an In the case of a homeless student who is an unaccompanied homeless youth, appropriate staff of unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent emergency shelters, transitional shelters, independent living programs and street outreach programs may be living programs and street outreach programs may be appointed as temporary surrogates without regard to appointed as temporary surrogates without regard to the above requirements until a surrogate can be the above requirements until a surrogate can be appointed that meets all the requirements.appointed that meets all the requirements.

Page 22: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 11-Dispute ResolutionChapter 11-Dispute Resolution

p. p. 125 Section 1. State Complaint Procedures, A. 125 Section 1. State Complaint Procedures, A. Responsibilities of an Individual/Organization ….Responsibilities of an Individual/Organization ….

3. signature and contact information for the complainant; 3. signature and contact information for the complainant; 4. If alleging violations against a specific student:4. If alleging violations against a specific student:a. Name and address of the residence of the student;a. Name and address of the residence of the student;b. Name of the school the student is attending;b. Name of the school the student is attending;c. In the case of a homeless student...contact information;c. In the case of a homeless student...contact information;d. Description of the nature of the problem….; andd. Description of the nature of the problem….; ande. Proposed resolution to the problem…e. Proposed resolution to the problem…

Page 23: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 11-Dispute ResolutionChapter 11-Dispute Resolution

p. 126 Section 1. State Complaint Procedures, A. p. 126 Section 1. State Complaint Procedures, A. Responsibilities ….Responsibilities ….

The WVDE has made available a form for filing a state The WVDE has made available a form for filing a state complaint. Although the use of this form is not complaint. Although the use of this form is not required, the complaint must be in writing and meet the required, the complaint must be in writing and meet the requirements of 1-4.requirements of 1-4.

For the state special education complaint form, go to:For the state special education complaint form, go to:http://wvde.state.wv.us/osehttp://wvde.state.wv.us/ose and click on Dispute and click on Dispute ResolutionResolution

Page 24: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 11-Dispute ResolutionChapter 11-Dispute Resolution

p. 127 Section 1. State Complaint Procedures, D. Early p. 127 Section 1. State Complaint Procedures, D. Early Resolution to State ComplaintsResolution to State Complaints

Either district or parent may requestEither district or parent may request VoluntaryVoluntary Informal conferenceInformal conference 15 days to resolve issues or district must submit 15 days to resolve issues or district must submit

written response to allegations and investigation written response to allegations and investigation beginsbegins

Issues not resolved through early resolution are Issues not resolved through early resolution are investigatedinvestigated

Beneficial to all parties!Beneficial to all parties!

Page 25: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

Chapter 11-Dispute ResolutionChapter 11-Dispute Resolution

p. 131 Section 3. B. Due Process Complaintsp. 131 Section 3. B. Due Process Complaints

due process hearings vs. due process complaintsdue process hearings vs. due process complaints

Page 26: Introducing ……. Policy 2419:   Regulations for the Education of Students with Exceptionalities

West Virginia Department of West Virginia Department of EducationEducation

CLOSINGCLOSING

QuestionsQuestions

Responses to questions submitted Responses to questions submitted will be posted within three business will be posted within three business days on the Introducing…Policy 2419 days on the Introducing…Policy 2419 and the OSP websitesand the OSP websites

Evaluation Evaluation


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