Meeting with ISD Directors and Monitors

Asked and Answered

Question:

Michigan seeks clarification pertaining to which disciplinary incidents to report in the Part B Discipline data collection (Table 5). We believe that this guidance should apply similarly to decisions made about counting disciplinary incidents for SPP Indicators 4A and 4B as well as for significant disproportionality – discipline. We also believe that the data collection requirements should align with associated IDEA protections for students for whom the district has received a request for special education evaluation.

In reviewing our discipline data and responding to district inquiries about proposed monitoring, the following are two sample situations pertaining to the counting and reporting of days of suspension for students—which then affects the district monitoring which follows. We request your guidance in reporting the data associated with these and similar “straddle” situations.

  1. A student is suspended for 11 school days. A parental request for a special education evaluation was in process on the date of the disciplinary incident. An initial IEP meeting is convened on the sixth day of the suspension, and the student is determined to be eligible for special education on the sixth day of their suspension.

Do we count all 11 days? Count only 5 days? Count only 4 days? Count none of these days?

  1. A student with an IEP is involved in a disciplinary incident and is suspended for 11 days. On the fifth day of the suspension, the student exits special education and continues to be enrolled in the district.

Do we count all 11 days? Count only 6 days? Count only 5 days? Count only 4 days? Count none of these days?

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Answer:

The instructions, as they are currently written, would not include a student that does not have an IEP. Students that are being evaluated for eligibility for special education services under IDEA at the time of removal from their educational placement should not be included in the count for Table 5. If they are being evaluated and determined to be eligible, you should include their removal, starting with the date that they become eligible for IDEA services (the date that the IEP becomes effective).

Question:

Given the Waiver request for ESEA flexibility –will there be any flexibility for RESAs that retain AYP data under SEE? Our Juvenile home school has struggled to make AYP, we are looking for options.

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Answer:

In the ESEA flexibility application, SEEs are not impacted. So, any SEE currently established or that will be created going forward will not be subject to the accountability system. BAA is anticipating some serious questioning on this from the fed’s however, since it could become a mechanism to mask lower performing students and negate the progress on that front they hope to gain by creating the ‘lowest 30’ subgroup. For now, the message is that SEEs will not be impacted, but that unfortunately they should anticipate having to regularly revisit the issue as each year’s data comes in.

Question:

Many foster youth have biological parents that are not able/willing to participate in the education needs of their children once they are in foster care. Surrogate parents are required, in order to participate and sign the IEP. The Education Planners (DHS) are interested in additional information regarding appointing surrogate parents. My understanding is that districts are supposed to have surrogate parents available, and that there is specific training that is required in order for someone to be considered a surrogate parent?

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Answer:

There is no specific training for surrogate parents provided by the Michigan Department of Education. Included is the Michigan State Board of Education policy regarding surrogate parents. Districts do need to have individuals available who are able to fill the role of a surrogate. A first step, however, would be to determine if a child needs the surrogate parent. Surrogates fill a very specific role. If a child has a biological parent whose rights have not been terminated, the district must involve the parent, not a surrogate. Also, a district should determine the official status of a foster parent before turning to a surrogate parent. If the district determines, according to the Board policy, that a student needs a surrogate, then the district may move forward with assigning a surrogate. The policy speaks to the skills and knowledge necessary to fill the role of a surrogate; however it does not prescribe specific types or methods of training. Those decisions are left to the local district.

The Office of Special EducationMarch 2012