April 28, 2021- IAASE Update

DO YOU HAVE SOMETHING TO CONTRIBUTE? 

If you are interested in contributing to the IAASE Blog, PLEASE reach out.  We want to hear from YOU!  We can accommodate a one-time entry, a monthly entry, etc.  We are excited to work with you. Please reach out to Tarin Kendrick at tkendrick@ntdse.org or Nicole Maxwell at nicole.maxwell@d428.org. 

 

SB1821 - PLEASE TAKE ACTION

We are asking for your help regarding SB1821. This bill will be of particular interest to members who serve high school students and districts. SB1821 affords all students with disabilities who aged out of a program between March 17, 2020, and the end of the 2021-2022 school year the opportunity to extend their eligibility and participate/return to your transition programs for the entire 2021-22 school year as compensation for services lost due to the pandemic. It requires specific outreach and written notification requirements to parents informing them of this right. This bill does not include exceptions for districts/cooperatives that have provided in-person/hybrid or remote transition services. We know that our members have been working extremely hard on behalf of their districts/cooperatives to continue to provide FAPE during this past year of the pandemic. This bill discounts those efforts and instead extends eligibility for an additional year for all students aging out between March 17, 2020, and the end of next school year, regardless of programs and services provided. This would also include students aging out that have been in private placements. There are no additional appropriations associated with the bill and it encourages districts to use their federal COVID relief funds for this purpose. We encourage you to read the current bill here.  

 

SB1821 is sponsored by Senator David Koehler. The IAASE legislative committee has been actively negotiating on this bill, but it has passed out of the Senate Education Committee. Now we need your help. Please call Senator Koehler's office at (217) 782-8250 or (309) 677-0120 to voice your opposition to SB 1821. Talking points include - this is not best for students who have aged out into adulthood and will have tremendous staffing and resource impact while lacking acknowledgment of the tremendous efforts districts/cooperatives have provided through programs and services throughout the past year. In addition to Senator Koehler, please call and ask your own state senator to oppose SB1821 if it comes to the full Senate. Things are moving very quickly in Springfield, so please call today. Now is the time to make your voice heard.

 

SEAPAC UPDATE

Hey, why haven’t you joined?  Now is the time to join SEAPAC! This has been a busy spring session and your support is critical! 

Thank you to our SEAPAC Committee for making it easier to become a member.   It is a $20 donation (minimum), and your contribution helps our legislative efforts. You can access a NEW feature and sign-up for SEAPAC online through Givebutter!  Please consider signing up through this link. You can also text SEAPAC to (202) 858-1233 to get the link delivered directly to your phone.  You will be able to pay with Venmo, Paypal, or via credit/debit card. 

Thank you to Angela Armour who has recently answered the call to join.

WHAT DOES AN IAASE BOARD MEMBER DO? 

Welcome to a small segment where we will highlight our committees and board members. 

 

Finance Committee Co-Chairs:  Gene Olsen and Scott Hogan

During the past two years, the Finance Committee has revised membership fees, conference fees, and structure as well as moving the organization forward with 21st-century banking tools and resources for better clarity, access, and leverage with our funds.   Other responsibilities (as noted on the website) include:

• Provide a budget analysis of the present and future financial needs of IAASE. The Committee makes recommendations to the IAASE Executive Board for the development of an IAASE Budget that encompasses the long-range IAASE Strategic Plan and short-range goals and actions.

• Coordinate membership fees with IAASE finances and budget recommendations.

• Provide by March 1, a proposed IAASE fiscal operating budget for review and action by the IAASE Executive Board and the membership.

• Serve as a monitor to the financial status of IAASE.

• Select and recommend an audit firm for IAASE.

• Assure that an annual audit is conducted by the contract audit firm and submitted to the Executive Board for approval.

Committee co-chairs want you to know, “Come one come all! Let Norma know your interest.”

 

ASK an ATTORNEY

Please continue to send us your questions. We look forward to answering.

Medicaid Update- April 23, 2021

 TO: IAASE Stakeholders

FROM: IAASE Medicaid Committee

DATE: April 22, 2021

SUBJECT: Free Care & Medicaid State Plan Amendment (SPA) Update

Overview Historically, Medicaid only paid for health services included in an IEP/IFSP of a student enrolled in Medicaid. A 2014 change in federal CMS policy provided an opportunity to expand school-based services to ALL Medicaid-enrolled students. This is known as Free Care Policy Reversal and requires Illinois

to submit a State Plan Amendment (SPA) to The Centers for Medicare & Medicaid Services (CMS) to remove restrictions in the Medicaid state plan.

Proposed Timeline

• Notice of SPA: Posted April 9th (view here)
• Effective date of SPA: July 1, 2021
• LEA Handbook changes: July 1, subject to CMS approval of SPA
• Training for District LEA staff: Throughout summer of 2021 to be ready for fall semester

Change in the Claiming Methodology The Illinois Department of Healthcare and Family Services (HFS) is recommending a change from the current rate settlement process to a cost settlement process. Cost settlement is used in 21 states for Fee-for-Service and calculates the “True / Complete” costs for providing services to Medicaid-eligible students. Cost settlement determines the additional revenue or adjustment for each LEA.

Financial Impact According to HFS, ALL states that have changed to cost settlement have resulted in a net increase in federal reimbursement. As a result of Free Care Policy Reversal and cost settlement, HFS anticipates an estimated annual increase of $12 - $18 million in federal matching funds for Illinois LEAs.

• Fee-For-Service billing will be documented and submitted in the same manner that it is currently
• Administrative Outreach quarterly financial data will need to be submitted to PCG within six weeks of the end of the quarter, a notable decrease from the current two year filing window

Proposed Addition of Services HFS is using this opportunity to add additional Medicaid eligible service providers. The HFS/ISBE Workgroup has recommended adding the following service providers:

• Board Certified Behavior Analyst
• Registered Behavior Technician
• Orientation & Mobility Specialist
• School Counselors
• Assistive Technology Specialist
• Teacher of Deaf and Hard of Hearing
• Teacher of Students with Visual
• Impairments
• Music, Recreation, and Art Therapist

Questions & Comments Please contact Kimberly Moore

Click here to view/print flyer

April 20, 2021- Ask an Attorney

MUST THE RETENTION OF A STUDENT WITH AN IEP BE DECIDED IN AN IEP MEETING?             Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

Several laws and considerations come into play when considering whether a student with an IEP should be promoted or retained.

The Illinois School Code: The Illinois School Code requires each board to determine its promotion criteria. The statute also provides that students must not be promoted based on age or other social reasons unrelated to academic performance. Instead, promotion must be based on successful completion of the curriculum, attendance, performance on State assessments, and other criteria established by the board.

IDEA: The Office of Special Education Programs (OSEP) has advised that a decision to retain or promote a student is not synonymous with the IDEA educational placement decision. While grade-level assignment and educational placement are separate determinations, the least restrictive environment (LRE) obligation does include the requirement not to remove a student from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

Section 504: Section 504 prohibits discrimination on the basis of disability and requires that districts provide students with disabilities an equal opportunity to participate in or benefit from the educational program.

So, what’s the answer? Look first to your board’s policy and any procedures related to promotion and retention. In most districts, this is an administrative decision rather than an IEP team decision. Some districts, however, do have IEP teams determine if a student needs any modifications to the district’s promotion criteria. While grade placement and educational placement are separate concepts, they can impact each other, so even if the retention decision is made by an administrator, consultation with the IEP team is advisable. A retention decision made without consideration of a student’s free and appropriate public education (FAPE) and LRE could open the door to a due process claim.

Given the LRE requirements, IEP teams should seek to provide students with the services and accommodations needed to progress from grade to grade with age-appropriate peers. Proposing to retain a student with an IEP can send a message that the student’s programming has not been appropriate and that the student has not made expected progress. Teams and administrators should also consider whether the student is best served by repeating content or by receiving different or more intensive supports and interventions. And, looking through the Section 504 lens, whether retaining the student could be considered discriminatory.

Given the challenges of the last year, some parents may be advocating for their students to repeat the grade, feeling that remote or hybrid instruction was not effective for their student. Consider these requests individually (automatic or one-size-fits-all responses spell trouble in special education), looking at the student’s progress over the last year as well as examining the appropriateness of the goals, services, and accommodations in the student’s IEP given their current needs. In addition to considering the pros and cons of retention, think through other supports that might meet the student’s needs, such as ESY, changed services or accommodations, or compensatory or “recovery” services.   While a “do over” may seem like a simple solution, it is not always the best one for a student with an IEP, and school staff members should consider the FAPE and LRE implications before making retention decisions.

 ASK an ATTORNEY

Please continue to send us your questions. We look forward to answering.

 

CASE Secretary Elections

Are you a member of CASE? If so, you received a ballot to vote for Secretary. Please strongly consider voting for Melissa Taylor, former IAASE President, current Legislative Chair and VERY ACTIVE member! The impact Melissa will have on the national level will be significant. Good luck, Melissa! We are proud of you!

March 30, 2021- WELL Summit

 

IAASE has been a sponsor of the Well Summit since its inaugural year in 2019.  While it may  look and feel a bit different this year,  we promise that the 2021 WELL Summit will deliver! Join us for three hours packed with inspiration, keynote addresses by Hitha Palepu and Dr. Susan Enfield, and a 90-minute guided workshop to self-discover why you can say, "#IamRemarkable." In addition, we will have some messages delivered by surprise guests, fantastic give-away drawings, and the coveted 2021 paperweight gem inscribed with "IamRemarkable." You can join this year's event in your PJs, your yoga pants, or your business attire--no questions asked! For fun, throw on a string of pearls to recognize how far women have come and where they are going. Register now to join us on May 6 from 9 a.m. - 12 p.m. Recruit a team to attend from your organization or district for a fantastic group discount! ASK an ATTORNEY Don’t forget about our feature: Ask an Attorney. This is your opportunity to ask our IAASE Attorneys (Dana Crumley and/or Kendra Yoch) any questions.  They will provide monthly updates via the IAASE Blog. Click here for the IAASE ASK an ATTORNEY form. SEAPAC UPDATE Thank you to so many of you for answering the call to join SEAPAC.  Thank you to our SEAPAC Committee for making it easier to become a member.   It is a $20 donation (minimum), and your contribution helps our legislative efforts. You can access a NEW feature and sign-up for SEAPAC online through Givebutter!  Please consider signing up through this link. You can also text SEAPAC to (202) 858-1233 to get the link delivered directly to your phone.  You will be able to pay with Venmo, Paypal, or via credit/debit card.

April 6: Does a student with anxiety meet the ED criteria?

 Ask an Attorney:  Does a student with anxiety meet the ED criteria?

Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

Attorney answer: It depends. As with everything else in special education, decisions are individualized, so bright lines are hard to draw. Some students experiencing anxiety will qualify for special education as ED, others may not. Let’s dig into the ED criteria and work through some new challenges facing teams related to the pandemic and remote learning.

Under IDEA, a student is eligible for special education and related services as a student with a serious emotional disturbance if exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:

·         An inability to learn that cannot be explained by intellectual, sensory, or health factors

·         An inability to build or maintain satisfactory interpersonal relationships with peers and teachers

·         Inappropriate types of behavior or feelings under normal circumstances

·         A general pervasive mood of unhappiness or depression

·         A tendency to develop physical symptoms or fears associated with personal or school problems

Additionally, the student must need special education and related services as a result of the emotional disturbance. The ISBE rules incorporate the definition from IDEA.

As you can see, anxiety is not explicitly listed as a condition that falls under ED, however, a student experiencing significant anxiety my also demonstrate one or more of the characteristics that are listed. In this time of extended stress and uncertainty, many students may be feeling anxious and/or demonstrating some of the other characteristics above, like struggling to maintain relationships when in-person contact is limited, feeling unhappy or depressed, or developing fears related to school and school problems. When considering whether students should be identified for special education under the ED criteria, teams should look carefully at the underlined qualifiers above.

What is a long period of time? Of course, neither IDEA nor the case law give us a specific number of weeks or months, but typically we look at characteristics that continue beyond a situational difficulty. Older OSEP guidance suggests a period of 2-9 months, assuming preliminary interventions are implemented but ineffective. Given that the pandemic and related restrictions on our interactions have continued beyond that time, how should teams analyze whether a student’s difficulties are situational or signs of a disability? Teams must also consider the other qualifiers.

What is a marked degree? Another subjective term, teams should look at the student’s behaviors and responses in terms of frequency, duration, and intensity relative to peers in similar circumstances to identify significant discrepancies.

Finally, the team needs to determine if the characteristics are adversely affecting a student’s educational performance. As you know, educational performance is broader than grades and academic test scores; teams should look at class attendance and engagement as well. Again, while many students may not be participating and keeping up with assignments as much as in prior years, the adverse impact on a student with ED would be significant relative to peers in similar circumstances.

Finally, to be eligible, the student must need special education and related services as a result of the emotional disturbance. We have seen paperwork that includes a qualifier in the ED criteria that the characteristics persist despite intervention. While that specific language is not used in IDEA, it can help answer the question of whether the student needs specialized instruction. If the difficulties can be addressed using general education behavioral supports, school-wide social-emotional learning, and/or some sessions with the school social worker or counselor, the student does not demonstrate a need for special education and would not be eligible.

As we start to see an increase in requests for evaluations related to suspected emotional disturbance related to students’ anxieties and other struggles that may be related to the pandemic and extended remote or hybrid learning, teams should carefully look at each of the criteria to determine if the student’s difficulties are related to a disability (that may have been exacerbated by the pandemic) or if the difficulties fall within the broad range of expected responses to the extraordinary circumstances we are living through.

Critically, for those students who are not eligible, teams should identify appropriate general education supports and outside resources to help students build the skills they need to adapt and persevere through these challenges. Parents who feel that their child’s struggles have been ignored or not taken seriously are much more likely to file complaints, so ensuring that parents understand that special education is not the only way to get help at school is imperative. Indeed, Secretary Cardona recently stated that mental health services should become a core service of schools, and we expect guidance (and hopefully funding) related to providing robust social-emotional learning and mental health support to all students will be forthcoming. 

 ASK an ATTORNEY

Please continue to send us your questions. We look forward to answering.