NON-PUBLIC SCHOOLS (NPS) & RESIDENTIAL TREATMENT …

[Pages:35]NON-PUBLIC SCHOOLS (NPS) & RESIDENTIAL TREATMENT CENTERS (RTC) GUIDELINES

1 SEPTEMBER 2017

INTRODUCTION

PURPOSE

The purpose of this handbook is to inform Individualized Education Program (IEP) teams regarding procedures to be followed when students with disabilities' needs go beyond what can be provided on a comprehensive school campus. More specifically, this handbook assists with providing possible considerations and placement procedures when an IEP team believes the Least Restrictive Environment (LRE) might be a Non-Public School (NPS). This handbook also includes information on placement procedures when the LRE is determined to be an NPS that is affiliated with a Residential Treatment Center (RTC) in California or out-of-state.

PREVALENCE OF NEED "When a flower doesn't bloom, you change the environment in which the flower grows, not the flower."

?Alexander Den Heijer

The ultimate responsibility of an Individualized Education Program is to meet the unique needs of students while providing a Free and Appropriate Education (FAPE) in order to achieve success in meeting post-secondary outcomes. While many students greet learning with enthusiasm, many are faced with significant challenges that interfere with their ability to access a FAPE. Significant challenges that impact a student's ability to access FAPE may be prevalent in any area(s) of a student's present levels of academic and functional performance (PLAAFP) and should be considered. When a student cannot obtain educational benefit in a less restrictive environment, then the IEP team must consider the full continuum of placement options, regardless of what the disability may be. Without the proper support and services in place, these challenges can potentially make achieving positive post-secondary outcomes a far-fetched reality for our most vulnerable students.

Fact: 1 in 5 children ages 13-18 have, or will have a serious mental illness.

20% 11% 10%

8%

20% of youth ages 13-18 live with a mental health condition

11% of youth have a mood

disorder

10% of youth have a behavior

or conduct disorder

8% of youth have an anxiety

disorder

Mental health issues vary in severity based on the individual characteristics of the student. However, it is known that many students are experiencing severe symptoms that interfere with their emotional well-being. The California Department of Education (CDE) reports that in 2014 there were 2,276 non-fatal suicide attempts by California students between the ages of fifteen and nineteen. This suggests that students are struggling to receive the support that they desperately need. The National Association of School Psychologists (NASP) highlights the seemingly obvious fact that mentally healthy children are more successful in school and life.

Yet, less than 20 percent of youth with a diagnosable mental illness receive the needed treatment, according to the National Alliance on Mental Illness (NAMI). Students who receive social, emotional and/or behavioral supports will be more likely to obtain positive post-secondary outcomes than students who have needs that go unmet. Students with disabilities that require Educationally Related Mental Health Services (ERMHS) comprise one of our most vulnerable populations in the school setting.

ADDITIONAL IMPLICATIONS FOR STUDENTS WITH MENTAL HEALTH NEEDS "Over one-third of students with a mental health condition over the age of fourteen who are served by special education will drop out." ?National Institute of Mental Health (NAMI)

According to the U.S. Department of Health and Human Services, one in five youth experiences difficulties related to mental health issues during their school years. Mental health issues vary in severity based on the individual characteristics of the student. However, it is known that many students are experiencing severe symptoms that interfere with their emotional well-being which impacts their access to a FAPE. The California Department of Education (CDE) reports that in 2014 there were 2,276 non-fatal suicide attempts by California students between the ages of fifteen and nineteen. This suggests that students are struggling to obtain the support they desperately need. The National Association of School Psychologists (NASP) highlights the seemingly obvious fact that mentally healthy children are more successful in school and life. Yet, less than 20 percent of youth with a diagnosable mental illness receive the needed treatment, according to the National Alliance on Mental Illness (NAMI). Students who receive social, emotional and/or behavioral supports will be more likely to obtain positive post-secondary outcomes than students who have needs that go unmet. The U.S. Department of Education states that students with a mental health condition make up the highest dropout rate compared to any other disability group.

ADDITIONAL IMPLICATIONS FOR STUDENTS WITH BEHAVIORAL NEEDS Regardless of what a student's disability may be, many students struggle with managing externalized behaviors with supports in the general education setting. Students who exhibit behavioral difficulties are at a higher risk for engaging in criminal activity. Often times, the impact of criminal activity extends beyond a student's adolescence. In a longitudinal study completed by the National Center for Special Education Research (NCSER), 34 percent of students eligible for special education under the criteria of emotional disturbance reported being on probation or parole at some point within six years of completing high school. Adolescence provides schools with a crucial opportunity to make lasting effects in the lives of students.

50% 50% of all lifetime cases of mental illness begin by age 14 and 75% by age 24.

10 yrs The average delay between onset of symptoms and intervention is 8-10 years.

37% 37% of students with a mental health condition age 14 and older drop out of school--the highest dropout rate of any disability group.

70% 70% of youth in state and local juvenile justice systems have a mental illness.

A NOTE ON PREVENTION All schools must establish parameters for identifying a wide range of supports to effectively address their student population's diverse needs. A Multi-Tiered System of Supports (MTSS) framework is crucial for ensuring appropriate and timely attention to the range of challenges experienced by students.

"MTSS encompasses the continuum of need, enabling schools to promote mental wellness for all students, identify and address problems before they escalate or become chronic, and provide increasingly intensive, data-

driven services for individual students as needed."

?National Association of School Psychology (NASP)

Schools must look closely at their systems to ensure that universal supports, targeted supports, and intensive supports are provided to meet the needs of students on their campuses. This approach is crucial for identifying and addressing students who demonstrate potential difficulties before their challenges substantiate a more restrictive school placement. Ultimately, the overarching goal of this handbook is to provide educators with guidance in making the most appropriate referrals and placement decisions for our most vulnerable students.

If you have any questions regarding guidance provided in this document, please contact the El Dorado County Office of Education (EDCOE) Charter SELPA at (530) 295-2462.

References

U.S. Department of Education. (2014). 35th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2013. Washington, DC: U.S. Department of Education. Retrieved January 16, 2015, from - See more at: http:// Learn-More/Mental-Health-By-the-Numbers#sthash.UZF0iM5j.dpuf

Sanford, C., Newman, L., Wagner, M., Cameto, R., Knokey, A.-M., and Shaver, D. (2011). The Post High School Outcomes of Young Adults With Disabilities up to 6 Years After High School. Key Findings From the National Longitudinal Transition Study-2 (NLTS2) (NCSER 2011-3004). Menlo Park, CA: SRI International.

TABLE OF CONTENTS

Please note that a non-public school may or may not be affiliated with a residential treatment center. For the purposes of this handbook, non-public schools affiliated with residential treatment centers will be referred to as a "residential treatment center."

Non-Public School or Residential Treatment Center as an option in the Least Restrictive Environment

1

IEP Team Considerations for Possible Non-Public School Placement

2

Non-Public School (non-residential) Placement Procedures

3

Non-Public School Referral Procedures

3

Non-Public School Determination of Placement: IEP Meeting

4

Non-Public School Research Procedures

4

Non-Public School Placement Packet

5

Non-Public School Offer of FAPE, Change of Placement: IEP Meeting

5

IEP Team Considerations for Possible Residential Treatment Center

6

Residential Treatment Center Referral Procedures

7

Residential Treatment Center Determination of Placement: IEP Meeting

7

Residential Treatment Center Research Procedures

8

Residential Treatment Center Placement Packet

8

Residential Treatment Center Offer of FAPE, Change of Placement: IEP Meeting

9

LEA Responsibilities Following Non-Public School or Residential Treatment Center Placement

10

Case Management

10

IEP Meetings and Progress Monitoring

11

Interim IEP Meeting

11

Setting Criteria for Returning to Least Restrictive Environment

11

Progress Monitoring

12

Transitioning from the NPS/RTC to the LEA

13

Appendix A: Sample Interview Questions for Potential Placement Facilities: Non-Public Schools or Residential Treatment Center Appendix B: SEIS Tips: Updating the IEP for Non-Public School or Residential Treatment Center Placement Appendix C: Residential Transportation Guidelines, Sample Contract, Sample Parent Request for Reimbursement Appendix D: NPS/RTC On-Site Monitoring Report Summary

NON-PUBLIC SCHOOL PLACEMENT AS AN OPTION IN THE LEAST RESTRICTIVE ENVIRONMENT (LRE)

The least restrictive environment mandate of the IDEA requires that students with disabilities receive their education in the "regular education environment" to the maximum extent appropriate or, to the extent such placement is not appropriate, in an environment with the least possible amount of segregation from the students' non-disabled peers and community 34 CFR 300.114 through 34 CFR 300.120. LRE not only applies to instruction taking place in the classroom. LRE applies broadly to all aspects of a student's special education program, as well as to students who are not educated in traditional settings.

The continuum of alternative placements is the range of potential placements in which a district can implement a student's IEP. The continuum begins with the general education setting and continues to become more restrictive with each placement on the continuum 34 CFR 300.114.

The IDEA requires each public agency to ensure that:

1. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and

2. Special classes, separate schooling, or other removal of children with disabilities from the general education environment occurs only if the nature or severity of the disability is such that education in the general education setting, with the use of supplementary aids and services, cannot be achieved satisfactorily.

When considering the more restrictive placement, the following chart, which is generalized and not necessarily reflective of all available placements, may assist your team through the decision process. The IEP team should be sure to discuss various options and document them in the student's IEP document. It is important that the IEP team makes data-informed decisions based on the student's assessed needs.

General Education

Special Day Class - Emotional

Local Residential Facility

General Education with Specialized Academic Instruction

Local Non-Public School (NPS)

General Education with SAI and ERMHS Support

Home Instruction

Residential Facility in California

Out-of-State Residential Facility

UNILATERAL PLACEMENTS A Unilateral Placement occurs when a parent believes that their child's current educational placement is denying the child FAPE and makes a decision to place the child in a private placement (where they believe FAPE can be achieved) against the agreement of the IEP Team. Parent either notifies LEA/district of this Unilateral Placement at the last IEP meeting before the placement was made, or via a letter 10 business days prior to the Unilateral Placement change. For more information in responding to unliateral placements, please refer to the EDCOE Charter SELPA Procedural Guide.

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IEP TEAM CONSIDERATIONS FOR POSSIBLE NON-PUBLIC SCHOOL PLACEMENT

Local Education Agencies (LEAs) have the authority to contract for non-public school services under Education Code 56366 and as further specified by Title 5, California Code of Regulations, Section 3065 for a student whose documented needs, as stated on the IEP, are of a nature and/or severity that require a special education instructional program or services, which cannot be provided by the LEA's program.

If a student is not accessing FAPE as a result of their disability or there are major safety concerns, one identified area of concern may provide enough data to merit a non-public school placement. The LEA should contact their SELPA program specialist and convene an IEP meeting. Such concerns may include chronic attendance issues related to the student's disability, recent hospitalizations and/or suicidal ideation or attempted suicide. For information addressing self-harm, suicide and student re-entry after hospitalization please refer to the EDCOE SELPA/Charter SELPA handbook titled, Suicide & Self Harm: A Prevention & Response Toolkit for Educators.

Additional factors to review/discuss when a placement change is being considered are shown below:

? School Refusal, Truancy, or Ongoing Attendance Issues Is the student's disability interfering with their ability to come to school? Is there support and structure in the home to mitigate the impact of the disability that results in absences? Does the student require transportation to access school? Is an FBA/BIP required for the student to access transportation?

? Suspensions, Removals, Expulsions How many days of suspension has the student acquired? Are they being removed from the general education setting due to emotional difficulties and/or behavior? Has the student been recommended for expulsion?

? Physically Aggressive What level of harm has this student inflicted on others? How frequent are aggressive behaviors? Are our staff equipped to manage aggressive behaviors? How long has the behavior been occurring? Does the student have a BIP to address aggression?

? Atypical Behaviors Has the student demonstrated atypical emotional, physical, sexual acting out, or substance abuse issues? Are atypical behaviors occurring that exceed the expertise of our staff?

? Safety Concerns to Self or Others Is this student currently presenting a danger to themselves or others? Is there a history of suicidal ideation and/or attempts?

? Hospitalizations How many times has this student been hospitalized? What was the recommendation upon discharge? Were any educational placement recommendations made?

? Home Life Is the student safe in their home environment? Is the student exhibiting emotional or behavioral difficulties outside of school? Are there community supports or agencies that would provide additional support? Do parents have the support required to stabilize the student to access school?

? Mental Health/Educationally Related Mental Health Services (ERMHS) Is the student receiving ERMHS? Does the student currently have goals related to an ERMHS assessment? What level (duration/frequency) of mental health services is the student currently receiving? Does the student require daily ERMHS? What has the student's response to ERMHS been? Is the student able to generalize ERMHS skills outside of counseling?

? Medical Health Is there a medical issue that cannot be monitored on a comprehensive school campus?

Does the level of medication the student is prescribed require monitoring throughout the school day? Is the prescribed level of mediation so heavy that a student cannot learn due to side effects? Does the student demonstrate noncompliance with prescribed medication?

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? Behavior Intervention Plan (BIP) Implementation and Fidelity How long has the student's behavior intervention plan been implemented? Is the BIP addressing the actual behaviors that impede learning? Are there appropriate services to support successful implementation of the BIP (e.g., teaching strategies)? Is the BIP based on a Functional Behavior Assessment (FBA)? Does a preexisting BIP require a new FBA?

? Student's Grades and Progress on IEP Goals What level of academic proficiency is this student currently demonstrating? Is this student currently making progress towards their goals? When is the last time the student showed adequate progress in meeting IEP goals? Are there any additional services that would support progress and increase academic proficiency in the current environment?

? Student's Response to Maximized Supports in the Current Placement Are there any additional areas of need that have not been addressed? Is the student currently receiving services to support all identified areas of need? Does the student have ERMHS services and a BIP? How long have supports been in place and have they been provided with fidelity? What percentage of time is the student participating in the general education setting?

Please note that these considerations are developed to assist the IEP team in determining whether a student is able to access FAPE in their current setting, these considerations are by no means exhaustive. Nor should this list be utilized as a checklist of criteria to be met. It is at the discretion of the IEP team determine what is the primary factor inhibiting a student's access to FAPE. Based on one or more of these factors, non-public school placement may be considered when an IEP team has determined that the student's needs exceed what the LEA can offer on their comprehensive school campus.

NON-PUBLIC SCHOOL (NON-RESIDENTIAL) PLACEMENT PROCEDURES

Once an IEP team has determined non-public school as a possible placement within the LRE, it is recommended that the LEA shall hold an IEP meeting as soon as possible, but no later than thirty days following the date that a change of placement was recommended EC 56343 (b). The EDCOE SELPA/Charter SELPA's recommendation for referrals is shown below.

Non-Public School Placement Referral Procedures ? LEA Responsibilities

? The LEA shall hold an IEP team meeting within 30 days of the date that non-public school placement was recommended. Key considerations (see above) pertinent to the student should be documented within the notes section of the IEP.

? In addition to the required members of the IEP team, the IEP meeting attendees shall include a Special Education Local Plan Area (SELPA) representative. Additionally, if the student requires ERMHS services, a representative from the LEA's mental health provider or LEA school psychologist/counselor must attend.

? The LEA shall present the parents with an assessment plan requesting permission to complete a records review.

? If a psycho-educational evaluation and/or ERMHS assessment has not been completed within the past three academic years or if the team believes that a current evaluation should be completed to provide the IEP team with more current information. An assessment plan shall be presented to the parent for their review and consent.

? If the student has been recently hospitalized, the LEA shall request that the parent/adult student sign an Exchange of Information form (located in the SEIS Document Library) allowing the LEA to communicate with the hospital and obtain discharge paperwork/medical recommendations.

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