SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Dual Enrollment March 7, 2017 Jeff Brandt & Elaine Eberharter-Maki Idaho State Dept. of Education
Scenarios In order to explain the Dual Enrollment Guidance Document, we are using scenarios from traditional public schools, charters schools and homeschools. http://sde.idaho.gov/sped/sped ‐ manual/files/chapters/shared/Dual ‐ Enrollment ‐ Q&A.pdf SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 3 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario One: Traditional Public School An IEP Team from a traditional public school makes a decision to have a student take classes at a charter school to make up an English and a history class. Is this considered dual enrollment? NO. As the decision was made by the IEP Team this would not constitute dual enrollment and the traditional public school would continue to be responsible for the student’s IEP. SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 4 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Two: Traditional Public School A parent of a special education student enrolled in a traditional public school has decided to have the student enroll in a charter school for two periods per day. Is this considered dual enrollment and who owns the IEP? This is considered dual enrollment under I.C. 22 ‐ 203, where the charter school would own the IEP. Under this code the traditional public school would serve the student under a 504. (Q10) 504 Charter School Traditional Public School SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 5 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Three: Charter School A student with a disability enrolled in a public charter school requests to enroll in a particular program at a traditional school at the same time. Can she? YES. Idaho code allows for a student to enter into any non ‐ special education program at a traditional public school providing the program is not full. (Q8) Is the traditional public school required to provide special education services for the student? NO, the obligation would be the obligation of the charter school. The student can enroll in classes the same as a student without a disability and could receive accommodations on a 504 plan. (Q11) SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 6 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Three: Charter School However, there is nothing in the law to prohibit an agreement between the traditional public school and charter school. The law does not prohibit the traditional public school from holding the student’s IEP and the charter school from serving the student under a 504. 504 Charter School Traditional Public School SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 7 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Three (cont.): Charter School A student with a disability enrolled in a public charter school requests to enroll in a particular program at a traditional school at the same time. Who would claim the student for state funding purposes? Both the traditional public school and the charter are allowed to include the student. (Q16) Could both claim the student for special education child count funding? NO, only the LEA holding the IEP would be allowed to claim the student for child count. (Q17) SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 8 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Four: Homeschool If a student is enrolled in a traditional public school and the parent elects to homeschool for science is the student still entitled to his IEP services? NO, the student is now, by definition, a homeschool student. By the parent rejecting public school, even part time, the LEA no longer has an obligation to provide FAPE. The student could receive services through a 504 plan for classes in which he is enrolled, if needed. The LEA could treat this as release time per IC 33 ‐ 519 instead of dual enrollment. In such a case, the LEA would continue to provide services and could elect to grant credit for the science class, at the LEA’s discretion. (Q33) SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 9 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Scenario Four (cont.): Homeschool A homeschool student with a disability wants to dually ‐ enroll in band and math at a traditional school district, can he? Yes, as long as each program has not reached maximum capacity. (Q32) Can this student participate in extracurricular activities? Yes, students with disabilities may dually enroll in a traditional school district in order to participate in extracurricular activities so long as the student can demonstrate any necessary academic proficiency or eligibility. (Q38) SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 10 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
Dual Enrollment as Addressed by Idaho Code 33-203 Primary Provider Secondary Provider Charter School Traditional Private School Public School Homeschool Charter School Extracurricular Private School Activities Homeschool Charter School Post ‐ Secondary Private School Institution Homeschool Charter School Alternative Private School Program Homeschool Alternative Traditional Program Post ‐ Secondary Traditional Institution *Charter Schools, Private Schools, or Homeschools are considered to be the primary educational provider for dual enrollment purposes. (Idaho Code 33 ‐ 203)
Dear Colleague Letters OSEP Dear Colleague Letters – December 28, 2016 & August 5, 2016 Director’s Portal ‐ Resources ‐ National Resources ‐ DCLs & Memos SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 12 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
OSEP Dear Colleague Letter: Virtual Schools OSEP Dear Colleague Letter – August 5, 2016 Child Find • The requirements of IDEA apply to SEAs and LEAs, regardless of whether a child is enrolled in a virtual school that is a public school of the LEA or a public school that is constituted as an LEA by the State. • LEAs must have child find policies and procedures in effect that are consistent with the State’s policies and procedures (Idaho Special Education Manual). • In a virtual setting a teachers face to face interactions may be limited, LEAs may need to use additional methods to meet Child Find responsibilities such as: screenings or questionnaires. In general, reliance on referrals by parents should not be the primary vehicle for meeting IDEA’s child find requirements. SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
OSEP Dear Colleague Letter: Virtual Schools OSEP Dear Colleague Letter – August 5, 2016 FAPE Responsibilities Under IDEA • Ensuring that each eligible child with a disability has FAPE; • Implementing the evaluation and eligibility requirements; • Carrying out the IEP requirements; and • Implementing the least restrictive environment, including ensuring the availability of a continuum of alternative placements to provide special education and related services. SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
OSEP Dear Colleague Letter: Charter Schools OSEP Dear Colleague Letter – December 28, 2016 The IDEA Charter guidance: • Charter schools are public schools and must provide FAPE just like a public school. • A charter school may not unilaterally limit the services that must be provided a particular student with a disability. • LRE provisions must be followed including, to the maximum extent appropriate, students with disabilities attending public charter schools, be educated with students who are nondisabled. • Students with disabilities attending charter schools retain all IDEA rights and protections included in the IDEA discipline procedures. SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE 15 SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
QUESTIONS? Jeff Brandt Special Populations Coordinator jbrandt@sde.idaho.gov (208) 332 ‐ 6915 Elaine Eberharter ‐ Maki edlawsolutions@gmail.com SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
SPECIAL EDUCATION SDE STAFF Dr. Charlie Silva Jeff Brandt Kendrick Lester Special Education Director Secondary Special Education Coordinator Special Populations Coordinator (208) 332 ‐ 6918 (208) 332 ‐ 6806 (208) 332 ‐ 6915 Dr. Melanie Reese Ivana Hotchkiss Alayna Gee Data & Reporting Coordinator MTSS Coordinator Dispute Resolution Coordinator (208) 332 ‐ 6919 (208) 332 ‐ 6979 (208) 332 ‐ 6914 Alisa Fewkes Wendy Lee Jessica Spoja Data Program Specialist Funding & Accountability Coordinator Dispute Resolution Program Specialist (208) 332 ‐ 6925 (208) 332 ‐ 6916 (208) 332 ‐ 6912 Shannon Dunstan Grace Dehner Brenda Arnold Early Childhood & Interagency Contracts & Fiscal Program Specialist Administrative Assistant Coordinator (208) 332 ‐ 6910 (208) 332 ‐ 6896 (208) 332 ‐ 6908 SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
SUPPORTING SCHOOLS AND STUDENTS TO ACHIEVE SHERRI YBARRA, SUPERINTENDENT OF PUBLIC INSTRUCTION
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