Syllabus of Guidance on Behavior-Related Issues - Announcements & Current Issues (CA Dept of Education)

Syllabus of Guidance on Behavior-Related Issues - Announcements & Current Issues (CA Dept of Education):

Syllabus of Guidance on Behavior-Related Issues

This Web page provides a syllabus of federal and state publications and Web sites providing guidance on behavior-related issues, particularly as they affect students who are eligible for special education and related services.

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The syllabus has been constructed in response to the requirements of Assembly Bill 110, Chapter 20, Statutes of 2013. It lists both federal and private-sector publications that may be of assistance to educators looking for information following the repeal of Title 5, California Code of Regulations, Section 3001(d), (e), (f), (g), and (ab) and Section 3052, formerly known as the “Hughes Bill” regulations.

Frequently Asked Questions

1. Questions and Answers on Discipline Procedures , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS). Individuals with Disabilities Education Law Report (IDELR), Volume 52, Citation #231 (June 1, 2009), Question E-2.

This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Generally, the questions, and corresponding answers, presented in this Q&A document required interpretation of the IDEA and its implementing regulations and the answers are not simply a restatement of the statutory or regulatory requirements. The responses presented in this document generally are informal guidance representing the interpretation of the Department of the applicable statutory or regulatory requirements in the context of the specific facts presented and are not legally binding.

2. The OSEP Technical Assistance Center on Positive Behavioral Interventions and Supports .

This Web site publishes frequently asked questions (FAQs)  for people just learning about positive behavioral interventions and supports. It also publishes FAQs for schools using these interventions and supports at theprimary , secondary , and tertiary levels .

See more information about this Web site below.

Federal Register

1. Federal Register, Volume 71, No. 156, Monday, August 14, 2006  (PDF; 1MB), “Development, Review, and Revision of [the Individualized Education Program] IEP” (Title 34, Code of Federal Regulations, Section 300.324), pages 46682–46687 (will need to scroll through document to identify the specific pages). This section of the Analysis of Comments and Changes to the federal regulations, discusses the rationale for each of the changes made to the regulations pertaining to the development, review, and revision of the IEP. Of specific interest, this section discusses the role of IEP team members in considering and developing positive behavioral interventions and supports.
2. Federal Register, Volume 71, No. 156, Monday, August 14, 2006  (PDF; 1MB), “Discipline Procedures” (Title 34, Code of Federal Regulations, sections 300.324), pages 46713-46730 (will need to scroll through document to identify the specific pages). This section of the Analysis of Comments and Changes to the federal regulations, discusses the rationale for each of the changes made to the regulations pertaining to the discipline procedures. Among the topics discussed in this section are the authority of school personnel, the provision of services, manifestation determinations, parental notification, placement issues, the appeal process, protections of children not determined eligible for special education and related services, and referral to and action by law enforcement and judicial authorities.
3. Federal Register, Volume 73, No. 231, Monday, December 1, 2008  (PDF), “Parental Revocation of Consent for Special Education Services” (Title 34, Code of Federal Regulations, Section 300.300), page 73012 (will need to scroll through document to identify the specific page). This section of the Analysis of Comments and Changes to the federal regulations, discusses the rationale for each of the changes made to the regulations pertaining to revocation of consent. Of specific interest, page 73012 contains a discussion on parental revocation of consent and discipline protections.

Letters from the Office of Special Education Programs (OSEP)

1. Letter to Trader , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), October 19, 2006 (will need to scroll down the web page in order to identify this specific letter). This letter clarifies that the IDEA, while requiring the individualized education program team (IEP team) to consider the use of positive behavioral interventions and supports, does not include a prohibition on the use of aversive behavioral interventions and that the decision whether to allow IEP teams to consider the use of such interventions is a decision left to each state.
2. Letter to Christiansen , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), February 9, 2007 (will need to scroll down the web page in order to identify this specific letter). 
   This letter concerns whether a functional behavioral assessment (FBA) triggers the procedural safeguards applicable to an evaluation or an independent educational evaluation and whether parent consent is required prior to conducting an FBA.
3. Letter to Heufner , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), March 8, 2007 (will need to scroll down the web page in order to identify this specific letter). This letter pertains to when a parent or an LEA may request an expedited due process hearing and the child’s placement during an appeal pending a manifestation determination.
4. Letter to Sarzynski , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), May 6, 2008 (will need to scroll down the web page in order to identify this specific letter). This letter clarifies that public agencies must obtain parental consent before conducting evaluations to determine whether services should be increased or decreased and to determine a child's continued eligibility for services or changes to services.
5. Letter to Janssen , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), June 5, 2008 (will need to scroll down the web page in order to identify this specific letter). This letter concerns requirements for FBAs, state personnel qualifications for individuals who conduct FBAs, and use of funds from Part B of the IDEA to assist LEAs in providing FBAs.
6. Letter to Owoh , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), August 21, 2009 (will need to scroll down the web page in order to identify this specific letter). This letter clarifies when an LEA is required to conduct a manifestation determination review prior to a short-term disciplinary removal of a child with a disability.
7. Letter to Anonymous  (to individual; personally identifiable information redacted), U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), April 9, 2012 (will need to scroll down the web page in order to identify this specific letter). In part, this letter pertains to providing prior written notice when proposing an FBA and the evaluation of students transferring from one state to another.
8. Letter to Gallo , U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), April 2, 2013 (will need to scroll down the web page in order to identify this specific letter). This letter expands on the guidance issued in the February 9, 2007, Letter to Christiansen regarding consent for FBAs and on OSER’s Questions and Answers on Discipline Procedures.

Letters from the Secretary of Education, Arne Duncan

On July 31, 2009; December 8, 2009; and January 26, 2010; Secretary of Education Arne Duncan released letters about the use of aversive procedures. Although the legislative initiatives to which Secretary Duncan referred in his letter of January 26, 2010, did not become law, this series of letters provides the federal Department of Education’s perspective on the use of seclusion and restraint:

• A letter to Chief State School Officers , July 31, 2009 (will need to scroll down the web page in order to identify this specific letter)
• A letter to Senator Christopher J. Dodd, Representative George Miller, and Congresswoman Cathy McMorris Rodgers, December 8, 2009 (will need to scroll down the web page in order to identify this specific letter)
• National Leadership Consortium on Developmental Disabilities representative Nancy R. Weiss , January 26, 2010 (will need to scroll down the web page in order to identify this specific letter)

Web Sites

1. The OSEP Technical Assistance Center on Positive Behavioral Interventions and Supports  
   The Technical Assistance Center on Positive Behavioral Interventions and Supports (PBIS) was established by the Office of Special Education Programs, US Department of Education, to give schools capacity-building information and technical assistance for identifying, adapting, and sustaining effective school-wide disciplinary practices. The site provides information about PBIS in schools at the primary, secondary, and tertiary levels; within communities; and in families. It also publishes issue briefs, outlines of research on behavior-related topics, and coach and trainer resources.
   
2. CalSTAT Technical Assistance and Training  
   CalSTAT (California Services for Technical Assistance and Training) is a special project of the California Department of Education, Special Education Division, located at Napa County Office of Education. It is funded through the Special Education Division and the California State Personnel Development Grant (SPDG). The SPDG, a federal grant, supports and develops partnerships with schools and families by providing training, technical assistance, and resources to both special education and general education. The CalSTAT Web site provides information resources, links to Web sites and a “Core Message Area” that all focus on PBIS. 
   
3. Positive Environments, Network of Trainers (PENT) 
   This Web site is maintained by the California Department of Education, Diagnostic Center, Los Angeles. It is a California Positive Behavior Initiative designed to provide information and resources for educators striving to achieve high educational outcomes through the use of proactive positive strategies. Evidence-based positive practices and helpful information is disseminated statewide through this Web site. This site is being updated to reflect the repeal of Title 5, California Code of Regulations, Section 3001(d), (e), (f), (g), and (ab) and Section 3052, formerly known as the “Hughes Bill” regulations.

Questions:   Allison Smith | asmith@cde.ca.gov | 916-319-0377

Is PS 154 in the Bronx Safe for Students? southbronxschool.com

http://www.southbronxschool.com:

Is PS 154 in the Bronx Safe for Students?

Lots going on at PS 154 in the Bronx that sources have shared with The Crack Team.

Dr Alison Coviello; PhD. and Principal of PS 154 has begun a groovy peace bus. What is a peace
bus?  A peace bus is a big, cute, groovy, faux bus located on the wall by the office. Every day that PS 154 is violence free, a day is marked. When 5 days are marked, the students of the school win a prize!! YAY!!!

Where does such a groovy idea come from? Those wonderful people at Responsive Classroom, that's who. Go look at Responsive Classroom's website and find them onYouTube. See how much inner city videos they have. How many students get free lunch. Remember, not everything works in Peoria.

As actual reality based, non liberal, educator shared with me recently about Responsive Classroom;

"...find it frustrating that we don't hold kids accountable anymore - my admins believe the kids who act out need 'a hug and a cookie'. How about a suspension and a boot in the butt (figuratively, of course). My classroom was student centered, butthere were rules and there were consequences. We deal with many on free lunch, very 

Pre-K Is Worth Investing In – Here's Why | National Opportunity to Learn Campaign | Education Reform for Equity and Opportunity

Pre-K Is Worth Investing In – Here's Why | National Opportunity to Learn Campaign | Education Reform for Equity and Opportunity:

Pre-K Is Worth Investing In – Here's Why

Posted on: Friday November 1st, 2013

Recently, the Wall Street Journal published an op-ed that tried to make the case that we shouldn't bother investing in pre-k because it's "of no educational value and the cost would be staggering." Many advocates of early education, including the OTL Campaign, would of course beg to differ. ReadyNation, an organization that highlights business leaders' support for early education initiatives, took it upon themselves to fact check the entire op-ed. The result is a must-read rebuttal to anyone who would deny the well-documented benefits of pre-k and the role it plays in closing the opportunity gap. 

From the rebuttal: 

"In contrast to the October 16 op-ed in the Wall Street Journal (“The 'Universal Pre-K' Fallacy: Free school for 4-year-olds? Sounds great. Too bad it is of no educational value and the cost would be staggering”), more than 360 companies and business leaders across 44 states have signed on to ReadyNation’s Open Letter endorsing the educational and economic benefits of high quality early learning programs, especially for disadvantaged children. A similar statement signed by 35 senior executives, including the current and former leaders of major companies, was published in Politico on Sept. 17. The economic research has been endorsed by the current Federal Reserve Chairman Ben Bernanke; the leaders of Federal Reserve Banks in Atlanta, Richmond and San Francisco; and the 2000 Nobel Laureate in Economics.

A new report by ten of the nation’s leading early childhood academics, "Investing in Our Future", concludes “Large-scale public 

Here's How We Get Universal Pre-K in 8 Years

A roadmap from the Campaign for Education Equity and Center for Children's Initiatives lays out how New York can fund and expand pre-k for all three- and four-year-olds over the next eight years. Expanding pre-k to every three- and four-year-old in your state might seem like a daunting task. read more

by jocelyn / 3h 

AFT’S Weingarten: School reformers ignore “elephant in the room” » peoplesworld

AFT’S Weingarten: School reformers ignore “elephant in the room” » peoplesworld:

AFT’S Weingarten: School reformers ignore “elephant in the room”

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by: MARK GRUENBERG

october 31 2013

tags: education, schools, teachers, students, national

WASHINGTON - So-called school "reformers," bent on closing "failing" schools, ignore "the elephant in the room," poverty, that accounts for poor student performance, American Federation of Teachers President Randi Weingarten says.

Speaking in mid-October to an Economic Policy Institute forum, the teachers union head also challenged a right wing myth, and a right wing goal: That most public schools are failing and that education should be turned over to the private sector, and that tests should be the exclusive measure of a school's and a teacher's effectiveness.

Instead, she said, studies and comparisons with the U.S. "peer group" of developed nations show improvements in students' learning across the board in the last two decades. The catch is that the improvements are uneven, with schools that sit in high-poverty areas still trailing behind.

Weingarten was one of several panelists who challenged the prevailing mythology about schools, including the teach-to-the-test goals the right wing has imposed on U.S. schools, starting with anti-worker and anti-public teacher President George W. Bush's No Child Left Behind law in 2001.

Both the AFT and the nation's other teachers union, the National Education Association, strongly criticized the law. At one point NEA and its Michigan affiliates sued to stop it, saying Congress promised funds for 

Insights on Tackling Informational Text — Whole Child Education

Insights on Tackling Informational Text — Whole Child Education:

THE WHOLE CHILD BLOG

Insights on Tackling Informational Text

November 1, 2013 by Klea Scharberg

The mandate to get K–12 students reading more informational texts is the feature of the Common Core State Standards that has stirred up the most complaints. Bringing more nonfiction into students' lives will require many educators to stretch a little—from English teachers who love to inspire others through their favorite poems to science teachers accustomed to relying on textbooks to kids whose reading of choice is fiction, fiction, and more fiction. The November 2013 issue of Educational Leadership shows how to creatively make this stretch and how to help students think of nonfiction as challenging and fun.

In her "Perspectives" column, Editor-in-Chief Marge Scherer believes it starts with finding texts that present engaging style and content, rather than texts that hide "the good stuff." Kids need to be exposed to the best nonfiction and given the skills to delve deeply into it.

Articles in the issue include

• "You Want Me to Read What?!" by Timothy Shanahan
  Answers you need about the Common Core's focus on informational text.
• "Points of Entry" by Nancy Frey and Douglas Fisher
  How to lead 

Keep It Simple for Our Youngest Learners — Whole Child Education

Keep It Simple for Our Youngest Learners — Whole Child Education: THE WHOLE CHILD BLOGKeep It Simple for Our Youngest LearnersOctober 31, 2013 by Kevin ScottAs we wrap up the month looking at education for our youngest learners, there are many pieces of the equation to grapple with. Like most of you reading this, I cringe at the politicization of education issues that we often see online, on TV, o

by mike simpson / 4h 

Empathy and Racism — Whole Child Education 10-30-13

Empathy and Racism — Whole Child Education: THE WHOLE CHILD BLOGEmpathy and RacismOctober 30, 2013 by Start EmpathyPost written by Madeleine Rogin for Ashoka's Start Empathy Initiative, a whole child partner organization.Leading educational theorists such as Howard Gardner and Tony Wagner have written about the importance of cultivating our students' abilities to communicate across "networks&

by mike simpson / 5h 

UPDATE: New York Principal Speaks Out on Ridiculous Common Core Test for 1st Graders | Truth in American Education

New York Principal Speaks Out on Ridiculous Common Core Test for 1st Graders | Truth in American Education:

Southeast TESOL Association Bans Anti-Common Core Speech

Filed in Common Core State Standards by Shane Vander Hart on November 1, 2013 • 2 Comments

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Dr. Stephen Krashen is professor emeritus at the University of Southern California, a linguist, and an educational researcher.  Dr. Krashen has published more than 350 papers and books, contributing to the fields of second language acquisition, bilingual education, and reading.  He was scheduled to speak a the Southeast TESOL Association Meeting to be held next week in Myrtle Beach, SC.

He announced yesterday on his blog that he will not be speaking there after all:

I will not be speaking at the Southeast TESOL Association Meeting to be held in Myrtle Beach next week, because of a disagreement about my keynote topic. I learned only recently that the conference theme was supporting the common core, that it was "dedicated entirely to providing teachers with strategies for working with common core and all of the states in attendance have adopted it."

I therefore changed my topic to "The case against the common core." This was rejected by 

New York Principal Speaks Out on Ridiculous Common Core Test for 1st Graders

Filed in Common Core Assessments, Education at State Level by Shane Vander Hart on November 1, 2013 •1 Comment

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Below is an excerpt from a guest blog written by Carol Burris, Principal at South Side High School in New York.  She was named the 2013 High School Principal of the Year by the School Administrators Association of New York and the National Association of Secondary School Principals.  In 2010 she was named the New York State Outstanding Education by School Administrators Association of New York.

In a nutshell she knows her stuff.  Valerie Strausspublished her blog post at The Answer Sheet which is Strauss’ education blog at The Washington Post.  Burris writes about a recent Common Core aligned test given to first graders in New York.

My speech teacher came to see me.  She was both angry and distraught.  In her hand was her 6-year-old’s math test.  On the top of it was written, “Topic 2, 45%”. On the bottom, were the words, “Copyright @ Pearson Education.”   After I got over my horror that a first-grader would take a multiple-choice test with a percent-based grade, I started to look at the 

The Quick and the Ed » Perspectives on ‘A Nation At Risk’

The Quick and the Ed » Perspectives on ‘A Nation At Risk’:

Perspectives on ‘A Nation At Risk’

Perspectiveson‘ANationAtRisk’

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01 Nov 2013

by Peter Cookson Jr.

Categories: K-12 Education

When A Nation at Risk: The Imperative for Educational Reform was published in April of 1983 it set off a political and policy firestorm that continues to smolder today. The report was submitted by the National Commission on Excellence in Education, which consisted of some the nation’s top educational leaders and chaired by David P. Gardner, president of the University of Utah.

The report did not pull punches. The commission authors famously wrote, “If an unfriendly foreign power had attempted to impose on America the mediocre educational performance that exists today, we might well have viewed it as an act of war. As it stands, we have allowed this to happen to ourselves.”

In the 30 years since the report, educational reform has dominated much of public life and aroused political passions at the national level. In some ways, the war imagery invoked by the report was apt but more applicable to an educational civil war that continues to rage than to an invasion from a foreign power.

Recently, six well-known AIR thought leaders including George Bohrnstedt, Beatrice Birman, David Osher, Jennifer O’Day, Terry Salinger, and Jane Hannaway posted blogs on the AIR website about A Nation at Risk. Gary Phillips, AIR Vice President and AIR Institute 

Why Local Educators Haven’t Heeded the Warnings in ‘A Nation at Risk’

Editor’s Note: Recently, six well-known AIR thought leaders including George Bohrnstedt, Beatrice Birman, David Osher, Jennifer O’Day, Terry Salinger, and Jane Hannaway posted blogs on the AIR website about A Nation at Risk. Gary Phillips, AIR Vice President and AIR Institute Fellow, joins these thinkers with his blog, “Why Local Educators Haven’t Heeded the Warnings in A Nation at Risk,” which we

by Q&E Guestblogger / 2h

Quick Hits

Random act of kindness. One student at a high school cross-country meet in Manchester, Connecticut showed true sportsmanship by helping her competition cross the finish line. When Kayla Samuel saw her competitor trip and fall, she linked arms with her and helped her cross the finish line first. (NBC Connecticut) Giving back to his community. Kevin Hart loves his city and is showing it by giving ba

by Gabriella Berman / 1h 

NYC Educator: Common Core Geniuses and Our Children

NYC Educator: Common Core Geniuses and Our Children:

Common Core Geniuses and Our Children

Today at Perdido Street School, we see one of the most absurd conceivable uses of Common Core Curriculum--rating classic books by  grade level. Reality-Based Educator Quotes The Atlantic:

Here’s a pop quiz: according to the measurements used in the new Common Core Standards, which of these books would be complex enough for a ninth grader?

a. Huckleberry Finn
b. To Kill a Mockingbird
c. Jane Eyre
d. Sports Illustrated for Kids' Awesome Athletes!
The only correct answer is “d,” since all the others have a “Lexile” score so low that they are deemed most appropriate for fourth, fifth, or sixth graders. This idea might seem ridiculous, but it’s based on a metric that is transforming the way American schools teach reading.

It's almost inconceivable anyone would dream to rate books this way, but in 2013, in the United States of America, Bill Gates thinks it's a good idea. Therefore Arne Duncan and Reformy John King also think it's a good idea, and unless you're a "special interest," like a teacher or parent, you should too. I'm not trained in Common Core and am therefore an ignorant galoot who doesn't appreciate anything, but I'm a pretty avid reader. There's a quote that I