In This Issue of the OSEEL Update
- Good News!
- May is Mental Health Awareness Month
- 2022 DoSE Institute
- KY LEADS Academy Cohort 3
- Special Education
- Preschool
- Extended School Services
- Information from Around the Nation
Good News!
The Kentucky Department of Education's (KDE's) Office of Special Education and Early Learning (OSEEL) has been notified by the U.S. Department of Education’s Office of Special Education Programs of the amount of its IDEA Section 611 (Grants to States or Basic) and Section 619 (Preschool) funds it is scheduled to receive for the 2022-2023 school year.
The amount allocated is an increase above last year’s initial allocations for both programs prior to the supplemental funds made available to the IDEA under the American Rescue Plan.
OSEEL has calculated the local district allocations for both programs and the amounts are loaded into GMAP. Districts can review the amount of their allocations within GMAP and begin the budgeting and application process immediately. Applications for these funds should be completed and approved locally by the district superintendent no later than June 1, 2022.
May is Mental Health Awareness Month
Mental Health Awareness Month Message from Commissioner Glass
2022 DoSE Institute
The KDE Office of Special Education and Early Learning’s DoSE Institute will be in-person and held Sept. 7-9 at the Embassy Suites in Lexington.
Meet and interact with other local district directors of special education from across the state and learn about the latest in special education law, programs and supports. More information will be coming soon.
KY LEADS Academy Cohort 3
Special Education
Students with Disabilities and HB 563 (2021)
On April 8, the Kentucky Department of Education (KDE), issued Nonresident Pupil Enrollment Policy Guidance regarding HB 563 (2021 Regular Session). Since that guidance was issued, OSEEL has received additional questions regarding students who are entitled to special education and related services under the Individuals with Disabilities Education Act (IDEA).
IDEA guarantees that each student who is eligible for an Individual Education Program (IEP) is entitled to a free appropriate public education. Under HB 563, nonresident students covered by the IDEA must be treated the same as resident students with IEPs.
It is important to note that the IDEA is not the only law affecting students with disabilities in the area of nonresident pupil policies. In fact, Section 504 of the Rehabilitation Act prohibits discrimination based on disability and has direct impact on nonresident pupil policies. Section 504 defines disability as a physical or mental disability that substantially affects a major life activity. Students with IEPs under the purview of the IDEA are included in Section 504’s definition of a disability.
Section 504 also requires a free appropriate public education be provided to students with 504 disabilities, regardless of the nature or severity of the disability. Section 504 requirements must be addressed in creating nonresident pupil policies that do not discriminate. Its requirements must be applied to students with either a Section 504 Plan or an IEP.
The Section 504 regulations that prohibit discrimination, including discrimination based on disability, apply to school districts that receive federal funds. Since all school districts in Kentucky receive federal funds, no district in the state may deny a student the opportunity to participate in or benefit from any aid, benefit or service if the basis of the denial is because the student has a disability.
It is the position of the U.S. Department of Education that under inter-district choice programs, states must ensure that the rights guaranteed to children with disabilities and their parents are not diminished by virtue of a child's participation in the choice program. As the Office for Civil Rights has explained, inter-district enrollment policies must be applied equally to students with and without disabilities.
Under the federal law, if a state has a district choice program that allows students to enroll in nonresident districts, the nonresident district where the student is enrolled assumes the responsibility for the student and may not operate to deny any of the substantive rights and procedural safeguards guaranteed to children with disabilities and their parents. However, if the parents opt out of the choice program, the resident district must make a free appropriate public education available.
Questions about HB 563 can be emailed to Tracy Goff-Herman.
IDEA General Supervision
States have the responsibility under federal law to establish a system of general supervision to oversee the implementation of the Individuals with Disabilities Act (IDEA) within local school districts.
The Kentucky Department of Education exercises its general supervision responsibilities, including monitoring of the State Performance Plan/Annual Performance Report (SPP/APR) compliance indicators.
SPP/APR Indicator 8
The Kentucky Department of Education's Parent Involvement Survey is officially underway.
The survey can be found at www.kypso.org. To open, click Take the 2022 Parent Survey. The survey should be shared with all parents/guardians of students with Individual Education Programs (IEPs) and is available in Arabic, English and Spanish. The survey closes Sept. 1.
OSEEL would like to highlight the following districts that have reported at least a 25% parent participation rate as of May 2.
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Robertson County, 41%
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Graves County, 38.5%
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Owsley County, 35.7%
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Cumberland County, 30.81%
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Perry County, 35.75%
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Caverna Independent, 26.3%
Indicator 4 (Suspension/Expulsion) monitoring occurred in March. The DIMR did not find any violations related to significant discrepancies.
The Microsoft Excel workbook for indicators 11 (Child Find), 12 (Early Childhood Transition) and 13 (Secondary Transition) was provided to districts on May 3. Data should be returned to Amy Patterson before June 30. Please reach out to Amy Patterson or Jackie Williams (acting director, DIMR) if you have questions.
Indicators 11, 12 and 13: End of Year Training Video
State Systemic Improvement Plan (SSIP): Indicator 17
Need a way for students to get a deeper understanding of math? Let us help!
KDE's State Systemic Improvement Plan (SSIP) is designed to support teacher practice and improve outcomes for students with disabilities. Through ongoing coaching and support, districts will increase the percentage of students with disabilities performing at or above proficient in middle school math, specifically at the 8th-grade level.
If you are interested in learning more about support for your district, email Ashley Cook or Stephanie Ernst.
Announcements
Malaika Williams
Malaika Williams will be serving in the role of Diversity Equity Inclusion and Belonging (DEIB) coordinator for the Office of Special Education and Early Learning (OSEEL). She has a passion for DEIB work and is excited to get started.
Williams received a bachelor’s degree in child development and family relations and a master’s in special education-learning and behavioral disorders from Kentucky State University. She will work closely with the regional special education cooperatives and Early Childhood Regional Training Centers and she will continue with some of her duties in preschool. This will be a great way to bridge the DEIB work from K-12 with the state's youngest learners.
Thomas Williams
Early learning has been elevated to the office level of the Office of Special Education and Early Learning (OSEEL)! We are excited about this change as it highlights the priority of early learning at the Kentucky Department of Education (KDE) and throughout Kentucky. Thomas Williams will be leading this work. He and Veronica Sullivan are working together to create a seamless transition.
Prior to this position, Williams served as an executive strategic policy analyst in OSEEL.
Williams has a lifelong passion for early childhood education. He received his bachelor’s degree in early childhood education, a master’s degree in educational administration, an educational specialist in psychometrics, and a doctorate in educational leadership with an emphasis in curriculum and instruction from Jackson State University.
He has served as an early childhood teacher, instructional coach, director of early childhood education and early learning principal. Williams holds a Rank 1 certification in interdisciplinary early childhood education, supervisor of instruction, principal and superintendent.
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