Indicator B5: LRE

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Indicator B5 LRE

• 2008-2009 Regional SPRI Trainings

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Objectives

• Review LRE requirements (IDEA)
• Review Indicator B5 of the state performance plan
  (SPP)
• Discuss changes to the reporting requirements and
  new targets
• Review revised worksheet
• Review appropriate data analysis strategies for
  improvement planning
• Provide resources

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IDEA requires States to....

• Monitor districts and programs to ensure that LRE
  requirements are implemented and
• 34 CFR 300.120
• Report to the public about the implementation of
  LRE in the State.
• 34 CFR 300.600 300.602
• Review district placements and
• IF evidence that district placements are
  inconsistent with LRE requirements,
• Review the justification, if any and
• Assist in planning and implementing any necessary
  corrective action.
• 34 CFR 300.120

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In Search of LRE

• The LRE requirements...express a strong
  preference, not a mandate, for educating children
  with disabilities in regular classes alongside
  their peers without disabilities. Federal
  Register, Vol. 71, at 46585
• To the maximum extent appropriate, children with
  disabilities...are educated with children who are
  nondisabled
• 34 CFR 300.114 (2)(i)

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Continuum of alternatives

• Each district must ensure that a continuum of
  alternative placements is available to meet the
  needs of children with disabilities for special
  education and related services. 34 CFR 300.115
• The continuum . . . must
• Include . . . instruction in regular classes,
  special classes, special schools, home
  instruction, and instruction in hospitals and
  institutions and
• Make provision for supplementary services (such
  as resource room or itinerant instruction) to be
  provided in conjunction with regular class
  placement.

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District Responsibility Placement Decision LRE

• Ensure the placement decision
• Is made by a group of persons, including the
  parents and other persons knowledgeable about the
  child, the meaning of the evaluation data and the
  placement options and
• Is based on the childs IEP and
• Is determined at least annually
• Is made in conformity with . . . LRE provisions
• Is as close as possible to the childs home
• In selecting the LRE, consideration is given to
  any potential harmful effect on the child or on
  the quality of services that he or she needs
• 34 CFR 300.116 .

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IEP Content Nonparticipation Justification

• An IEP team must decide, describe and explain
  specifically and individually, the amount of time
  a student with disabilities will not participate
  -
• In regular class,
• In general special education, and
• In extracurricular activities.
• 34 CFR 300.320(a) and 71 Fed. Reg. at 46670
• Reminders
• Amount or variety of services ? automatic
  removal from regular education environment.
• Type of disability ? automatic removal from
  regular education environment

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Indicator B5 Federal Placement Distribution (LRE)

• Percent of children with IEPs aged 6 through 21
• A. Removed from regular class less than 21 of
  the day
• B. Removed from regular class greater than 60 of
  the day or
• C. Served in public or private separate schools,
  residential placements, or homebound or hospital
  placements.

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B5 Target and performance data for FFY 2006
Federal Placement Distribution Measurement State Target State Performance
A. Children with IEPs removed from regular class less than 21 of the day. 72.5 or more 68.9
B. Children with IEPs removed from regular class greater than 60 of the day. 10.1 or less 11.0
C. Children with IEPs served in public or private separate schools, residential placements, or homebound and hospital placements. 2.3 or less 1.9
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Indicator B5 Changes in Reporting

• In fall 2006, OSEP disseminated new directions
  for IDEA Table 3. Educational Environments and
  Age Category of Children with disabilities data.
• These changes significantly impacted Oregons
  placement data and resulted in new baseline data
  and the need for more appropriate targets.
• In November 2007, ODE held a stakeholder
  meeting to identify new targets for FFY 2007.

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Changes to calculation

• 2005-2006 rules
• Students in correctional facilities, private
  schools and home schools included in categories
  A, B C
• 2006-2007 rules
• Students in correctional facilities, private
  schools and home schools are included in separate
  categories
• Reduces the numbers in categories A, B, C

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B5 Revised Targets Due to Reporting Changes
(2007-2008) Revised A. 69.0 of children with IEPs are removed from regular class less than 21 of the day while ensuring a continuum of placement options is offered to students with disabilities, based on individual need. B. 11.0 of children with IEPs are removed from regular class greater than 60 of the day while ensuring a continuum of placement options is offered to students with disabilities, based on individual need. C. 2.2 of children with IEPs are served in public or private separate schools, residential placements, or homebound and hospital placements while ensuring a continuum of placement options is offered to students with disabilities, based on individual need.
National Average 57.77
National Average 13.58
National Average 3.74
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B5 2007-2008 Process

• Districts missing targets in one or more areas
  based on 06-07 data were flagged in SPRI
• Flagged districts were not required to submit
  worksheet due to change in reporting requirements
  
• Flagged districts were required to complete
  improvement plan by October 1

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B5 2008-2009 Process

• Districts missing targets in one or more areas
  based on 07-08 data are flagged in SPRI (79
  districts)
• Flagged districts will need to submit required
  worksheet by November 28
• ODE will review worksheet and either justify
  districts based on their unique characteristics,
  or require improvement plan
• Improvement plans due March 27, 2009

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(No Transcript)
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B5 Revised Worksheet

• Revised worksheet for 08-09 (see handout)
• Focus on data, specific not general
• Requires detailed information on shifts in
  placement numbers and reasons/numbers of students
  impacted
• Goal of worksheet is to understand current
  placement process, continuum of placement options
  available, and appropriateness of placement
  settings for students by disability

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2008-2009 Improvement Planning

• Specific areas need to be addressed including
• Team members (should include general and special
  education)
• Data to be used including trend data
• Measurable objectives
• Specific activities and timeline
• Person responsible by activity
• Evidence of completion

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Revised improvement plan now contains separate
text boxes for each content area of the plan.
ODE is able to provide feedback and will reject
or approve plan once it is submitted. Rejected
plans will need to be resubmitted until approved.
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Improvement Planning

• Identify what data is being utilized beyond B5
  data
• Is data accurate?
• Assessment results for students across settings
• Disability breakdown by setting
• Race/ethnicity breakdown by setting
• Drop out by setting
• What are short and long-term objectives?
• Are they measurable?
• If so how?
• Who is responsible for implementation of plan?
• What measures will be used to know plan is having
  desired effect?

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Handouts

• Placement and LRE
• Aimed at reducing reporting errors
• Contains major considerations and SECC coding
  directions
• From IEP to Placement
• For discussion and training purposes
• Provides numerous examples of appropriate
  considerations for IEP development and
  corresponding reporting requirements for SECC

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Practical Impact

• Develop the IEP first, based on each childs
  unique educational needs.
• Describe individual needs in observable and
  measurable terms rather than placement terms.
• Provide professional development to enable
  decision-making based on quantifiable data rather
  than opinion.

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Practical Impact

• Watch for practices that may result in
  allegations of predetermination
• Developing the IEP to fit a placement already
  selected by staff or parent
• Describing individual student needs in placement
  terms (needs a resource room).
• .

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OSEP and Predetermination

• The appropriate placement for a particular child
  with a disability cannot be determined until
  after decisions have been made about the child's
  needs and the services that the district will
  provide to meet those needs. These decisions must
  be made at the IEP meeting, and it would not be
  permissible first to place the child and then
  develop the IEP.
• 34 CFR Part 300, Appendix A, Notice of
  Interpretation (1999)
• Public agencies must not make placement
  decisions based on a public agencys needs or
  available resources, including budgetary
  considerations and the ability of the public
  agency to hire and recruit qualified staff.
• Fed. Reg., Vol. 71, 46587 (August 2006)

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Need help? Find a CoP.

• In 2003, OSEP instituted an initiative to support
  communities of practice (CoP), founding the work
  of the LRE Community of Practice (CoP) for Part B
  that continues today.
• IDEA Partnership. (2004). The evolution of
  communities of practice among the core States of
  the Title I IDEA initiative 2000-2004.
  Alexandria, VA National Association of State
  Directors of Special Education. Available online
  at ww.ideapartnership.org/report.cfm?reportid32

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A beginning resource list.

• http//http//idea.ed.gov
• U.S. Department of Education, Office of Special
  Education Programs (OSEPs) IDEA website easy
  to use everything you need to know
• www.nichcy.org/training
• Building the Legacy Individuals with
  Disabilities Education Act Amendments of 2004
  (National Dissemination Center for Children with
  Disabilities) The subject this time?Module 15,
  LRE Decision Makinghttp//www.nichcy.org/training
  /contents.aspIEP15

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A beginning resource list.

• http//www.wested.org/cs/cpei/print/docs/1005
• WestEd Center for Prevention and Early
  Intervention LRE starter kit
• http//www.rrfcnetwork.org/component/option,com_bo
  okmarks/Itemid,28/mode,0/catid,116/navstart,0/sear
  ch,/
• Regional Resource and Federal Center Network -
  Improvement Strategies and Evidence-Based
  Practice
• http//a257.g.akamaitech.net/7/257/2422/16may20071
  900/edocket.access.gpo.gov/2006/06-6656.htm
• Federal Register, August 14, 2006 IDEA
  regulations
• http//www.ode.state.or.us/search/results/?id123
• ODE Special Education Policies and Procedures