Part B of the Individuals with Disabilities Education Act Annual State Funding Application

From the California State Director of the the Special Education Division Dr. Fred Balcom - California Department of Education

Date: December 23, 2014

Subject: Official Message from the State Director of the Special Education Division

The California Department of Education (CDE), Special Education Division, completed its application for federal fiscal year (FFY) 2015 funding under the Individuals with Disabilities Education Act (IDEA), as amended in 2004, Public Law 108–446. This application is available on the CDE California’s Annual State Application for 2015 Web page at http://www.cde.ca.gov/sp/se/as/fndapp15.asp. The 60 day public notice and comment period occurs prior to its submission to the United States Department of Education, Office of Special Education Programs (OSEP), on May 12, 2015. The application is available for review, December 23, 2014, through February 28, 2015. The public comment period begins on January 5, 2015, and concludes on February 19, 2015.

The IDEA Part B Grant application for the state is comprised of five sections:

· The state plan and description of current policies and procedures is a series of assurances, certifications of federal policies as detailed by the Education Department General Administrative Regulations (EDGAR) (Sections I and II).

· The state application is a chart indicating the allocation of federal funds (Section III).

· The list identifying any rule, regulation, or policy that is state-imposed and not required by IDEA or Federal regulations is found in (Section IV).

· The state’s fiscal data under section 611 of the IDEA is found in the Maintenance of State Financial Support (Section V).

The state must provide in Section V the total amount of state financial support made available for special education and related services for children with disabilities by the most recent two state fiscal years. OSEP requires the state to follow this application process for funding.

If you have questions about this application, please contact Jeffrey Reyes, Education Programs Consultant, Quality Assurance Unit, Special Education Division, by phone at 916-327-3684 or by e-mail at Jereyes@cde.ca.gov.

Legal and Appropriate Educational Programs for Children with Autism

By Lee Wilkinson - examiner.com

More children than ever before are being diagnosed with autism spectrum disorders (ASD). The U.S. Centers for Disease Control and Prevention (CDC) now estimates that 1 in 88 eight year-old children has an ASD. This dramatic increase in the prevalence of children with ASD over the past decade, together with the clear benefits of early intervention, have created a need for schools to identify children who may have an autism spectrum condition. It is not unusual for children with milder forms of autism to go undiagnosed until well after entering school. In fact, research indicates that only three percent of children with ASD are identified solely by non-school resources. As a result, school professionals are now more likely to be asked to participate in the screening and identification of children with ASD than at any other time in the past.

Read more HERE.

What You Need to Know About IDEA 2004: Present Levels of Functional Performance & Functional Goals in IEPs

By Pat Howey, Paralegal and Advocate Member of the Wrightslaw Speakers Bureau

Question: Help! Our child's IEP team refused to include functional goals in the last IEP. When we said we would have to request another IEP meeting to resolve this issue, they agreed to include a few functional goals. I am afraid this will happen again. What can I do?

Answer: Since history tends to repeat itself, you are wise to think this may happen again. Write a polite thank you letter that describes what you requested, what you were told about not including functional goals in the IEP, and what the school finally agreed to provide. Your letter should include relevant information about your child's unique needs and your concerns. To learn more about this strategy, read Preparing for IEP Meetings: Providing Information & Sharing Concerns.

You need to learn the new legal requirements for present levels of functional performance and functional goals in IEPs. Do not assume that your child's IEP team is knowledgeable about these requirements.

Read more HERE.

IEP Meeting Conversation Stoppers

From the National Center for Learning Disabilities by Candace Cortiella, Director, The Advocacy Institute

Some of the statements made to parents at IEP meetings are “conversation stoppers”—comments that create barriers and can prevent the IEP team from working cooperatively to develop effective special education services and supports for students with disabilities.

Here are nine common “conversation stoppers,” some information about what may be the real issues of concern and suggestions for how parents can respond in a forceful but respectful way so that planning for their child can move forward.

Stopper #1: “The General Education Teacher Could Not Be Here Today.”

What is the issue?

The vast majority of children with disabilities spend most or all of their school day in general education activities or classrooms. It is essential that the general education teacher be an active IEP team member. This does not mean that parents should expect teachers to leave their classrooms for long periods of time. However, it is reasonable to expect the general education teacher to attend IEP meetings to contribute expertise in setting academic, behavorial and social goals, to advise the team about curriculum and help identify where and when adaptations and accommodation will be needed so that your child can be successful in the general classroom and have meaningful access to the general education curriculum.

Here are possible responses

“Nina is one of Miss Taylor’s students and we think she is doing very well. However, I have no idea if the goals, accommodation and other supports we are suggesting are going to be helpful to Miss Taylor in adapting the curriculum and classroom activities so Nina can be successful. We need to schedule another IEP meeting so that Miss Taylor can attend for at least part of the time.”

“This is the first year my child has been spending a lot of time in a general classroom. I do not want to have IEP meetings without my child’s general education teacher. We can complete the main parts of the IEP and give a draft to Mr. Jones. But then we will need to schedule another IEP Meeting that includes him so that our team is complete.”

Stopper #2: “Your Child Can’t Participate In Academic Classes If He Can’t Pass the State Assessments.”

What are the issues?

Both the Individuals with Disabilities Education Act (IDEA 2004) and the No Child Left Behind Act (NCLB) encourage schools to have high expectations for all students and require schools to provide equal opportunities for students to receive academic instruction. Students with disabilities have a right to have meaningful access to the general curriculum. Parents and IEP teams should work with general education teachers to identify those areas of the curriculum that can and should be incorporated into the student’s IEP and then provide modifications and accommodations through special education services.

Read more HERE.

Your IEP Roadmap: Education Pathways for Your Child

From the National Center for Learning Disabilities

An Individualized Education Program (IEP) is the first stop on the road after determining your child’s eligibility under the IDEA 2004. That road can be hard to navigate without guidance, so we've produced a roadmap to guide you.

This thorough graphic gives a visual and easy-to-use overview of the IEP process, from intervention and evaluation to classification and planning accommodations. You'll see the different pathways you and your child can take, including developing an IEP or 504 Plan.

Read more HERE.

How Can I Request Changes to an IEP?

By NCLD Editorial Team

Making Changes to the IEPAfter the initial IEP is finalized or later IEPs are agreed upon (usually annually), IDEA 2004 provides new ways that parents and schools can make changes:

• Once the annual IEP team meeting has taken place, schools and parents are allowed to amend or change the IEP without holding another meeting of the full team.

• The entire IEP does not need to be rewritten in order to include such changes; however, parents may request a copy of the revised IEP with the changes included. At a minimum, you should receive a copy of the IEP changes in writing.

If the changes are made in this manner, all members of the IEP team must be made aware of the changes and their responsibility in implementing the changes.

While these new provisions make it more convenient for both parents and schools to make IEP changes, you should be cautious about using this approach to changing your child's IEP. Minor changes involving things such as accommodations can be easily revised like this, but significant revisions such as changes in the services, frequency of those services, and how behavioral or disciplinary issues are addressed are good reasons to have a full IEP team meeting. When making IEP changes without a team meeting, you should make sure that the school representative making the change(s) is authorized to do so by the school district. Parents are free to request an IEP meeting at any time, and requests should always be made in writing.

Our IDEA Parent Guide, specifically Chapter 7: IEPs – Developing Your Child’s Education Plan, will be helpful to parents grappling with questions like these and other about Individualized Education Programs.

Article HERE.

Why and How to Read Your Child’s IEP

By Marcie Lipsitt, National Center for Learning Disabilities (NCLD) Parent Leader

I know few parents who look forward to attending their child’s Individualized Education Program (IEP) team meeting. IEPs are difficult to read. Comprehending the IEP jargon and legalese can be daunting. Many parents are so intimidated by the document and the process surrounding its implementation that they “give up.” This is a mistake. Parents need to be engaged in this educational journey that will continue until their child’s very last day in high school or a post-secondary special education program.

I often ask why it is that only parents of children with special needs have to become experts in how to educate their children. Why do these parents have to understand and synthesize current research-based instruction, data-based decision-making or draft measurable and accountable IEPs? When is the last time that you heard the parents of a healthy, neuro-typical child lament the daily grind of learning how to educate their child or navigate state and federal education laws, rules, and policies?

Read more HERE.