Why go this route?

• Because leadership in special education requires content expertise in many areas.
• Because leaders are accountable for improving outcomes for students with disabilities.
• Because following a roadmap improves knowledge, skills and leadership in effectively implementing the guidelines set forth in the Individuals with Disabilities Education Improvement Act and the Revised Rules for the Administration of Special Education. 
• Because ensuring public education works for students with disabilities is a primary responsibility of all administrators.

You'll know you arrived when . . .

• Your reporting is accurate and timely.
• Your leadership results in improved outcomes for students with disabilities.
• You have a working knowledge of special education regulations and requirements.
• You have developed a network of special education resources and can serve as an informed advocate for teachers, students, and parents.
  

Construction Zone:

It's about time

• This packet is designed to help school leaders understand and utilize proactive strategies in various facets of special education administration. This is an ongoing process and will require a varying amount of time commitment dependent upon the experience and understanding of the administrator.
• Working on a mutual climate of trust, understanding and support is an ongoing time factor requiring attention and nurturing throughout the year. 

Potential costs

• It is far less costly to invest time and understanding into the various facets of special education rules and requirements than it is to suffer the consequences of poor decision making that could lead to repercussions at the federal and/or state levels, or lead you into a costly court battle.

The Process

A step-by-step guide to understanding various facets of administrative responsibilities that are encountered in the arena of special education. Click on each of the links below for additional information:

Assessment - All students with disabilities are required to participate in state and district-wide assessments. Schools should pay close attention to the decisions made by Individualized Education Plan (IEP) teams regarding accommodations and alternate assessments.

Confidentiality of Records - The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information. IDEIA provides additional privacy protection. Every school must have a person who is responsible for ensuring the confidentiality of records.

Due Process Hearings - Due process hearings are an impartial hearing regarding the rejection of an IEP for a student. There are specific laws regarding due process hearings. All parents are eligible to apply for a due process hearing if they are not satisfied with the results of the IEP process with their school.

Evaluation & Reevaluation  - The Michigan Administrative Rules for Special Education (MARSE) and IDEIA outline a specific process, criteria and timelines for finding students eligible for special education programs and services. The identification process requires that all public schools have appropriate policies and procedures in place to guide the referral and evaluation process and an evaluation team.

Highly Qualified Teachers - All public elementary and secondary school teachers, including special education teachers who teach core academic subjects must meet the requirements of "Highly Qualified". Michigan Special Education teachers must 1) hold a valid Michigan Teaching Certificate; 2) have a special education endorsement for the program and grade level at which they teach; and 3) demonstrate competence in each of the core academic subject they are assigned to teach.

IEP Implementation - Failure to implement an IEP is nationally the largest area of non-compliance with IDEIA. Ensuring that IEPs are implemented in a manner consistent with the written IEP is the responsibility of every school district. This insert provides a review of implementation guidelines for administrators.

Individualized Education Plan (IEP) - The IEP specifies the educational plan for each student who has been found eligible for special education services. Major components of the plan are discussed in this insert and include: Present Level of Academic Achievement and Functional Performance; Supplementary Aids and Services; Annual Goals and Objectives; Transition; Frequency and Duration; and Least Restrictive Environment.

Maintenance of Effort - The IDEA requires that funds provided to a school be used to supplement rather than supplant local, state or other federal funds. This concept is referred to as "Maintenance of Effort" meaning that the school must maintain the programs and services that they provide for students with disabilities using local, state and other federal funds rather than replacing the funding of these programs with IDEIA funds.

Manifestation Determination - This is a decision by the IEP team about whether a student's misconduct is a manifestation of (caused by) the student's disability, an inappropriate IEP, or the school's failure to implement the IEP as written.

Mediation & Complaint Procedures - A complaint is an allegation that a school district has violated state or federal special education rules or law. Mediation or dispute resolution are options available to the school to resolve complaints prior to a formal complaint being filed. These services are offered at no cost to the complainant or the school district. Michigan has a very specific process for the investigation and resolution of formal complaints.

Monitoring - IDEIA requires that states conduct monitoring with the primary focus on improving educational results and functional outcomes for all children with disabilities. The Continuous Improvement & Monitoring System (CIMS) assists districts and agencies in better understanding the operation and effectiveness of programs for students with disabilities and develop plans for target use of their resources to improve student outcomes.

Placement - Each school is responsible for ensuring that a full range of educational options can be available for a student found eligible for special education. Prior planning allows the school to promptly access needed special education programs and services when the need arises. Special education rules and regulations require that programs and services be provided within specified timelines.

Special Education Cost Report (SE 4096) - The Special Education Cost Report is the reporting of cost for special education programs and services. The cost report requires the reporting of special education costs broken down by special education programs and special education services. Filing in a timely manner is imperative.

Special Education Data - Districts are required to collect a variety of data regarding students with disabilities and those referred for evaluation for special education services. When establishing their data system, the school must ensure that their system is coordinated with that of the Intermediate School District (ISD) to whom the data report is submitted. Consultation with the ISD concerning data submission software, data fields to be collected, and timelines for various submissions is essential.

Suspension & Expulsion - The IDEIA provides extensive regulations concerning the suspension and expulsion of students with disabilities. The information in this insert provides a brief overview of concepts contained in IDEIA including positive behavior supports, procedural safeguards, educational settings, and special circumstances.

Transition Planning - Transition planning brings schools, community service agencies, private organizations, and families together to help students make a smooth transition to adult life. The transition planning requirements in IDEIA include the development of an individualized transition plan, initiated in middle school and continuing through high school. It focuses on a coordinated set of student-centered activities designed to facilitate the student's movement from school to post-school activities, including postsecondary education. Planning must remain flexible and reflect the developmental and educational needs of the students at different grades and times. It also must reflect a clear understanding of the disability, as well as the specific abilities and needs of the student. Planning should link the student's transition goals to effective and efficient services.

How effective administration of special education rules and regulations benefits your school in regard to the following initiatives:

No Child Left Behind (NCLB)
Reauthorized a number of federal programs aiming to improve the performance of schools by increasing the standards of accountability, as well as providing parents more flexibility in choosing schools for their children. Additionally, it promotes an increased focus on reading and re-authorizes the Elementary and Secondary Education Act. NCLB enacts the theories of standards-based education reform which is based on the belief that high expectations and setting of goals will result in success for all students, including those with disabilities.

Individuals with Disabilities Education Act (IDEA) 2004
IDEA is the federal law governing the rights of children with disabilities to receive a free and appropriate public education in the least restrictive environment.

Michigan Revised Administrative Rules for Special Education (MARSE)
Michigan was the first state in the nation to mandate special education services in public schools.  The administrative rules define disability types, specify procedures for identification of students and involvement of parents and others, establish the nature and scope of services to be provided, and the qualifications of those who work with students. 

Americans with Disabilities Act (ADA)
The purpose of the ADA is to extend to people with disabilities civil rights similar to those available on the basis of race, color, national origin, sex, and religion through the Civil Rights Act of 1964. It prohibits discrimination in: employment, services rendered, places of public accommodation, transportation, and telecommunications services.

Family Educational Rights and Privacy Act (FERPA)
FERPA provides privacy protections for records when held by federally funded educational institutions. It is designed to protect the privacy of educational records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings.

Books

Birnbaum, Barry W., Foundations of Special Education Leadership: Administration, Assessment, Placement, and the Law, Edwin Mellen Press, Jun 30, 2006.

Fletcher-Janzen, Elaine and Cecil R. Reynolds, Encyclopedia of Special Education, Wiley, Jan. 2, 2007.

Rotatori, Anthony F, Festus E. Obiakor, Sandra Burkhardt, Current Perspectives in Special Education Administration, (Advances in Special Education, JAI Press, Nov. 9, 2006.

Wright, Peter W. D. and Pamela Darr Wright, Wrightslaw: Special Education Law, 2nd Edition, Harbor House Law Press, Inc., Jan 1, 2007.

Programs & People
Working with your local Intermediate School District is required under the Revised Rules for Special Education. They can assist you in helping your special education program operate more efficiently and effectively. They are technical assistance providers for their constituent schools. By aggregating talented staff, they are able to provide leadership, programs, resources and services to schools. By initiating, delivering and facilitating collaborative efforts, they are able to reduce costs and improve quality.

Websites

• Michigan Department of Education, Office of Special Education & Early Intervention Services

Primary Author for this MI-MAP Packet: Teri Pettit, SE Consultant/Liaison, MAPSA