Proposed Changes to Special Education Regulation

The Board of Regents has proposed significant changes to the regulations governing special education.  The impetus of some of the changes is to ensure compliance with recent changes in federal law and regulation.  The other impetus for these changes is a desire of certain regents to de-regulate special education and to give more flexibility to school district administrators to determine how to meet the needs of children with disabilities. There is speculation that through deregulation, school districts will save money on special education services to disabled children.

Reviewing the Actual Changes

·        To access the regulations, go to RIDE website at www.ride.ri.gov

·        In left column titled Inside RIDE, click on Laws and Regulations

·        In the left column titled Legal, click on bottom tab titled Special Populations State and Federal Regulations

·        Scroll down and click on Regulations.  My preference is copy with strike-outs of deleted language and underline new language which is the second document titled Proposed State Regulations (including changes from the current state regulations)

Attend Hearings and Provide Testimony

The Board of Regents scheduled two public hearings to take testimony (both written and oral) about the proposed changes.  The hearings will be:

·        Wednesday, November 7, 2007 5:00 PM CCRI – Warwick Room 4080

·        Thursday November 8, 2007 5:00 PM  URI/ RIDE – Shepard Bldg. Providence

In addition, written testimony may be submitted to the Regents by sending it to

Sharon Osborne  

Shepherd Building

255 Westminster Street

Providence, RI 02903-3400

222-6178 (fax)

sharon.osborne@ride.ri.gov

Major Changes in Proposed Regulations

There are numerous changes in the proposed regulations.  Some of the changes that significantly affect how special education services include:

Elimination of class size cap of 8 students (10 students with the utilization of a full-time teacher assistant).  In its place would be general language, “It is the responsibility of the public agency to assess the needs of students with disabilities, assign personnel in accordance with those needs, and evaluate the delivery of services to determine whether the agency’s program conforms to the requirements of these regulations and the Individuals with Disabilities Act (IDEA)” (section 300-157)

Elimination of staffing ratios

Special Education Administrator ratio of at least a full-time Director with additional administrators for every 2000 students over 10,000 enrolled

School Psychologist ratio of at least one full-time staff for every 1,500 students

Speech Language Pathologist ratio of at least one full-time staff for every 1,200 students

School Social Worker ratio of at least one full-time staff for every 2,500 students

Eliminate Caseload Caps

Physical Therapist and Occupational Therapist caseload cap based on 30 mild to moderately disabled students would be eliminated

Special Education Resource Teacher caseload of 30 students would be eliminated

Eliminate 230 Day Special Education Program

Existing language that ensures the availability of an additional 50 school days for students with certain significant disabilities based on a student’s IEP.

Reclassify Speech Language Pathology Services

Speech language pathology would no longer be defined as special education under the proposed regulations.

Creation of Response to Intervention (RTI) Policy

The regulations require RIDE to adopt criteria for determining whether or not a child has a specific learning disability modeled on the RTI.

RIFTHP Concerns

Deregulation

·        There is value in having minimum state standards to protect children from school district decisions that are based on budget, space, resources and politics, not primarily “what is in the best interests of children”.

·        Despite the good will of school administrators, budget issues will drive decisions to the detriment of education quality.

Class size

·        This pressure to make budget-driven student placement decisions without the protection of class size caps will only increase as the property tax cap legislation (S 3050) is implemented over time and school budget growth is capped at 4% increases in the near future.

·        Students will fall through the cracks by being placed in large classes without clear state guidelines on class size.

·        RIDE does not have the staff to adequately monitor and enforce the rights of disabled students in a deregulated environment where there are no minimum standards.

·        It would be unfortunate not to correct this elimination of class size regulation now and instead wait for damage to education programs to be done.

·        The State is striving to close the achievement gaps, but elimination of class size provisions will increase, not decrease, achievement gaps because small classes do matter.

·        The proposed regulations will diminish the role paraprofessionals play in educating special needs students because the current regulations specify a role paraprofessionals serve in.

·        Students will probably be denied the support and academic reinforcement provided by paraprofessionals in a deregulated environment unless paraprofessional support is written in to IEPs.

Reclassification of Speech Language Pathology Services

·        The elimination of speech language pathology is driven in part because of concerns about the overidentification of students into the special education category.  Overidentification prevention would best be done by a focus on literacy in the early grades and the creation of early intervention programs as Catherine Ciarlo did in Cranston

·        By making speech services a related service not part of special education, districts will provide less speech language services to children who need such services.

Staffing Ratios and Caseload Caps

·        The elimination of staffing ratios for social workers, psychologists and speech language pathologists will permit school districts to understaff these valued services.

·        The elimination of caseload caps for special education resource teachers, occupational therapists, and physical therapist will reduce the availability of these services to disabled students

Response to Intervention Policy

·        RTI may be a useful system to identify barriers to academic success before a child enters into special education, but cannot and should not be used to create barriers to special education services.

·        The regulations should include more standards on RTI programs to safeguard student rights and entitlements.

·        There is time to create such standards before adoption of regulations.

230 Day Programs (ESY)

·        By eliminating the minimum number of days in regulation, districts will be encouraged not to provide extended school year (ESY) services.

·        Certain disabilities should automatically merit ESY services.

·        There is value in creating uniform ESY programs for the purpose of planning and delivery.

·        Chaos may result from some students having 200 days, others 210 days, and others 250 days