From Nothing to Something

Implementing a Process for Non-Academic and Extracurricular Supports for Students with Disabilities

Welcome!

I’m so glad you’re here!

Why are YOU here?

Session Overview

• Background
• Legal Information
• Review of Process
• Reflection/Next Steps

1

2

3

4

Epilogue

The Smoulder

The Match Strike

The Build

The Subduction

-Chinese Proverb

Be not afraid of growing slowly; be afraid only of standing still.

Chapter 1: The Match Strike

• ‘I need to connect with you ASAP. [Child Care] is planning to meet with [student’s] parents at conferences tomorrow and terminate [student’s] contract. No one at school knew until today. I’m really uncomfortable with this.’
• Child Care Program Supervisor, Community Education Director, Early Childhood Coordinator, Case Manager, and me

• ‘The meeting with [student’s] parents tomorrow must be put on hold until this team can work through the legalities of a student with a disability participating in [Child Care].’
• ‘Thank you for your concern and the open communication. I will be communicating with my supervisor and our attorney about what [Child Care] can and can’t do in these situations.’
• ‘This is ridiculous! This kid has an IEP and they haven’t done anything to support him and now they want to kick him out?! What are they thinking? I’ve got a voicemail from the parent saying she’s going to bring her PACER advocate to the meeting tomorrow!’

What should we do?!

Chapter 2: The Smoulder

• ‘We’ve got this! Let me do some investigating and I will be in touch very soon.’
• Directed the parent meeting be put on pause.
• ‘I don’t know why this is turning into such a big deal. The student’s behavior is very aggressive and it is not appropriate for him to continue participating in [Child Care].’
• Supplementary aids and services
• IEP Team

• ‘I’ve been doing my own research.’
• ‘I don’t think you are correct. According to what the attorney said, Community Education doesn’t have to comply with any of the laws for kids on IEPs. The program is fee-based and therefore is exempt from complying with these regulations.’
• ‘Our handbook says every kid gets 3 chances. [Student] is at 3, and it’s time for him to be out.’
• ‘Which attorney have you been working with on this guidance?’

Name the attorney

A.

B.

C.

D.

Mick Waldspurger

His friend Steve

A You Tube Video

A Conference Presentation

What would you do?

Chapter 3: The Subduction*

• Insisting we should consult with the attorney for our district
• Research
• Complaint Case 20-041C
• School Law Seminar Materials Packet (RASW, Fall 2020)
• 34 C.F.R. § 300.320(a)(4)(ii)
• 34 C.F.R. § 300.107(a)
• Centennial v. MDE, 788 N.W.2d 907 (Minn. 2010)

Implications

• Child care programs are “non-academic activities,” and IEP teams must decide what supplementary aids and services are necessary in order for a special education student to have an equal opportunity to participate in such a program.
• When a special education student enrolls in a child care program and requests or needs accommodations, the student’s IEP team must consider what supplementary aids and services are necessary in order for the student to have an equal opportunity to participate in the program.
• A child care program should publicize its behavioral expectations, including the process that will be followed when students violate those expectations, and when students will be removed from the program. Those expectations should be distributed to parents.

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Additional Points

• Make sure you have behavioral expectations that are clearly communicated to parents/guardians.
• The IEP team needs to write into the IEP what is needed for student to have equal opportunity to participate
• The IEP needs to be clear that non-academic activities are not required for student to receive FAPE.
• A District can’t unilaterally take away requirements for FAPE. If the non-academic activity is not required for FAPE it can be taken away.

Chapter 4: The Build

Homerun Leadership by Dr. Dave Webb

Information

Reaction

Options

Decision

Other Considerations

External Communication

• Clarify role and focus of [Child Care] staff at IEP meeting
• Process for conferences/ conversations with parent

Internal Communication

• Case Manager, Principal, and Director of Community Education should be notified of any students excluded from programming
• Need to have information as kids are being disciplined or having issues

Identifying Students

Team Discussions

Communication & Documentation

A Process is Born!

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Timeline Review

-Salvador Dali

Have no fear of perfection - you’ll never reach it.

Epilogue…

Big Ideas

• Identify student need
• Determine whether activity is needed for FAPE
• If “yes”, determine supports through IEP
• If “no”, determine -
• Is the activity appropriate?
• If no, document
• If yes, are supplementary aids/services needed and appropriate?
• Would not fundamentally alter the program or be an undue burden on the school district
• Document!

Next Steps

• Continue learning and educating stakeholders
• Continue activities around implementation
• Quarterly meetings
• Open communication
• Expand to athletics
• Gather teacher feedback

Thoughts, Ideas, Questions?

Thank you!

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