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DIVISION
OF SPECIAL EDUCATION
Telephone: 317-232-0570
Facsimile: 317-232-0589
e-mail: rmarra@doe.in.gov
State Advisory Council on the
Education of Children With Disabilities
Embassy
Suites, North
Indianapolis, Indiana
May 21, 1999
In attendance: Maureen
Greer, Mary Ramos, Edward Kasamis, Brett Bollinger, Kathy Wodicka,
Robert Marra, Marcia Johnson, Jackie Pitman, David Schmidt, Julie
Swaim, Rose Black, Carolyn Heier, Janet Corson, Elaine Scaife,
and Cathlene Hardy-Hansen.
Guests: Maria Sells
(Department of Correction - Special Education Department), J.Bret
Lewis (Superintendent- Kankakee Valley School Corporation), Shirley
Amond, Director of Special Education, West Central Joint Services.
Division Staff: Steve
Stafford, Sally Cook, Becky Bowman, Michael Dalrymple, and Cindy
Conway.
Meeting called to order
at 9:25 a.m.
B. Marra distributed
copies of Liam Grimley's obituary and asked for a moment of silence
in honor of Dr. Grimley's dedication to children.
D. Schmidt moved to
approve the minutes from April's meeting. Seconded by E. Kasamis.
Minutes were approved.
K. Wodicka announced
that this would be Dr. Kasamis' last advisory council meeting.
He will be retiring. B. Marra presented the Bell Ringer Award
from Dr. Suellen Reed to Dr. Kasamis in honor of his years of
service. Dr. Kasamis introduced J.Bret Lewis from the Kankakee
Valley School Corporation.
Age of Majority
B. Marra stated that
there were many differing opinions on whether or not rights should
be turned over the student at age 18. E. Kasamis felt that providing
written notice to the parents when the student is 17 puts a burden
on the public agency and is condescending to the parents. M. Greer
indicated that this notice is no different than other notices
sent to parents throughout the student's life. J. Corson stated
that, as with the aging out of a CHINS, oftentimes there is a
last minute scramble to put all the procedures in place. B. Bowman
stated that the written notice only informs the parents that rights
will transfer upon the student's
18th birthday. D. Schmidt indicated that this written notice is
redundant and is built into the transition plan. B. Marra asked
if the written notice should be included in the case conference
meeting held prior to the student's 17th birthday. M. Greer emphasized
the importance of informing parents and helping them understand
the implications of this rule. She's not sure that the family
will understand the significance if the transfer of rights is
blended into the case conference meeting. R. Black stated that
parents need assistance in understanding the implications of guardianship
prior to the student's 18th birthday. C. Hardy- Hansen questioned
whether an additional piece of paper was really necessary. B.
Marra suggested that the Department create a sample document indicating
the procedures to happen prior to the student's 18th birthday.
K. Wodicka suggested giving this document to parents at case conference
time prior to the student's 17th birthday. B. Bollinger supported
the use of this document. D. Schmidt indicated that many students
don't want to attend the case conferences, and it is difficult
to discuss some issues when the students are present. B. Marra
indicated that he will work with the parent organizations (IPIN,
IN* SOURCE) to inform them of the guardianship procedures. K.
Wodicka indicated that no motion was needed and the discussion
was for information purposes only.
Age Range
B. Marra explained
the background that, in practice, the case conference committee
made exceptions to the age range rule. He stated that the rule
change will alleviate Protection and Advocacy's concerns about
the ages of children in one classroom. M. Greer had concerns about
the implications for preschool age children. B. Marra asked to
table the preschool concerns until additional preschool issues
are discussed later in the meeting. The Council agreed with the
changes.
Case Conference Participants
D. Schmidt stated that it is almost impossible to get all parties
required to be at the case conference to actually participate
in the case conference. He added that the administration generally
comes in to sign the paperwork and the general education teachers
don't want to stay after school. E. Kasamis inquired as to whether
or not the general education teachers can put their input in writing.
B. Marra recommended providing a technical assistance document
to assist schools in including all appropriate case conference
committee participants. J. Corson suggested leaving the decision
up to the schools to decide who should participate in the case
conference meeting. B. Marra agreed and stated that the rule should
allow for flexibility and should allow it to be a local policy
whether the public agency representative is a building principal.
He further stated that due process rights will kick in to support
parents' rights. The Council supported this rule.
Transition
E. Kasamis had a question
pertaining to the wording of "8th grade and career planning."
B. Marra will check on Lynn Holdheide's original wording. M. Dalrymple
asked whether age of majority was included in Transition. B. Bollinger
asked if "functional vocational evaluation" needed to
be defined. B. Marra stated that he would clarify the definition
with Peggy O'Malley in Workforce Development. D. Schmidt asked
a question about section 3(d)- whether or not "public agency"
who confers with Vocational Rehabilitation can be a teacher of
record or other staff. B. Marra agreed that a public agency can
include the teacher of record or other staff. B. Bollinger referred
council members to section 3(b)(1) and inquired as to what has
to be in the transition plan. S. Cook stated that there appears
to be redundancy and overlap between section 3(b)(1) and section
3(b)(B)(i-v) and will look at this discrepancy. K. Wodicka suggested
ending section 3(b)(1) after the word "activities."
J. Corson asked if there is a definition of "related services." B.
Marra referred council members to page 76 of the draft listing
services and suggested cross-referencing in the draft to make
it easier for parents and others to read.
CSPD
D. Schmidt expressed
concerns about the lack of speech pathologists and the size
of
the existing speech caseloads. B. Marra stated that the schools
should see an influx of available speech language pathologists,
occupational therapists and physical therapists due to changes
in the Medicaid program. He referenced pages 12443/12444 of
the
federal regulations and added that Rule 11 was written to reflect
federal language with the exception of removing "CSPD committee
within the building" language. This allows the issue to be
locally driven. B. Bollinger asked how the short-term and long-term
evaluations of the system would be monitored. B. Marra stated
that he would explore this further. J. Pitman asked for a definition
of "ongoing basis ." M. Dalrymple stated that professional
development training data should be submitted to the division
after each training session at best, but at least on a quarterly
basis.
Instructional Day-
Early Childhood
J. Swaim was very
concerned about removing the class size limitation restriction
She stated
that removing the restriction leads to parents being put in an
adversarial position with the schools. M..Greer supported the
removal of the size limitation, stating that this will help
ease
transition and be driven by a child's needs. K. Wodicka stated
that training parents to advocate for appropriate class size
and
removing class size limitation are two separate issues. M. Greer
explained the role of due process and how it helps define the
system without necessarily being adversarial. J. Swaim asked
if
this rule allows schools to pay for private preschools. B. Marra
stated that the existing Article 7 already allows that option.
He indicated that some parents are fearful that the removal
of
the 12 _ hour standard will result in just six hours of instruction
being given. J. Swaim voiced concern about individualized services,
such as children with autism, asthma, hearing impairments,
etc.
being in the same classroom. And that children with multiple
handicaps should be counted as more than one child for class
size purposes.
E. Kasamis made a motion to affirm DOE's changes in the language.
C. Heier seconded. More discussion ensued. M. Dalrymple offered
his support of the language changes, stating that parent education
is very important. K. Wodicka also stressed the importance
of
teaching parents to communicate. J. Corson asked if we were putting
extra burden on parents. J. Swaim stated that her concern is
with
the implementation of services and that it is very difficult
for teachers to carry out the services outlined in the IEP.
K. Wodicka
clarified the motion, which was to affirm the language changes.
Vote was taken: 10 yes, 1 opposed, 1 abstention.
Developmental Delay
No discussion.
Discipline
No discussion
Other
Definitions
J. Pitman asked for
clarification of "state-operated schools." B. Bowman
stated that the definition will be corrected regarding the
Indiana
School for the Blind and the Indiana School for the Deaf.
B. Bollinger asked
for clarification of "change in identification" and
"change in determination."B. Bowman indicated that "change
in determination of eligibility for special education, including
declassification" will be removed.
Our next meeting will
be August 26-27, 1999. Two days are needed to cover all of Article
7. Additional information will be mailed to all council members
in early August.
Motion to adjourn was
made by E. Kasamis. Seconded by J. Corson. Meeting adjourned at
2:45 p.m.
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