Dear SEPTA Members,
This is a special email to inform you of what is happening right now to give special education mandate relief to school districts. Please read and if you feel strongly about keeping Parent Members and School Psychologists as part of the CSE Team then write to John King, Meryl Tisch and Roger Tilles (see below for their contact information).
The NYS Board of Regents is scheduled to meet on November 14, 2011. It is anticipated that they will be discussing the feedback on Mandate Relief recommendations received during the public comment period in June and July 2011.
Despite hearing from multiple groups in opposition to the recommendation to remove the school psychologist and additional parent member from the CSE, as well as the recommendations to remove the mandate for a psychological evaluation as part of an initial assessment and the school psychologist's ability to determine the need for additional assessment data, the NYS Board of Regents appears to want additional feedback from parent groups.
Although the NYS PTA and individual parents voiced their opposition to these recommendations, word is that NYSED and the Regents did not hear a loud outcry from the parent sector!
What NEEDS to happen NOW?
1. Contact individual parents and local PTA/SEPTA organizations to have them write letters of opposition to these recommendations (see samples and guides below).
2. Write letters to NYSED and the Regents as a parent, not a school psychologist, to oppose the recommendations
Contact Information:
REGENTS
Merryl Tisch (518) 474-5889
RegentTisch@mail.nysed.gov
Roger Tilles (Long Island rep)
(516) 364-2533
RegentTilles@mail.nysed.gov
NYSED
Valery Grey (518) 473-8381
vgrey@mail.nysed.gov
John King
(518) 474-5844
commissioner@mail.nysed.gov
Writing Points for Parents
The point of having a Committee on Special Education is in the value of having ALL of the different points of view: the general education teacher, the special education teacher, the parent, the additional parent member, the school psychologist, and the CSE chair to hopefully bring everyone together to reach the best possible decision for the child.
additional parent member serves as a resource to parents going through the special education process.
The school psychologist is often the “guide” through the labyrinth of the Special Education/CSE process.
The school psychologist is the expert in assessment and helps parents understand the educational meaning of the numbers and other findings.
The school psychologist knows and can explain the regulations, programs, terms, etc. that a parent may not understand
The school psychologist is the person expected to put together a comprehensive evaluation necessary for educational decisions.
The school psychologist looks at the child’s functioning as a whole, not component parts
The school psychologist brings to the committee the expertise of their varied roles beyond the CSE
The school psychologist can contribute to the development of the best possible program for each child
Letter from Rick Longhurst, NYS PTA Executive Director:
Hi all,
The Regents will indeed be discussing mandate relief at their meeting. Among the items to be considered is the removal of the additional parent and psychologist from the list of mandated CSE members. This would not be a good thing. I discussed this issue with Regent Cea at the April meeting and she urged us to write letters stating our opposition. Now is the time. She asked that whatever we send be short and to the point. I’m attaching the letter that I will send to Regent Cea and to Regent Jackson who was principal at my high school for many years. I would ask you to please consider doing the same.
Sample NYS PTA Letter:
Dear Regent,
It is my understanding that the Board of Regents will continue discussion of mandate relief at your meeting. We wish to express our concern over the potential removal of an additional parent and a school psychologist as mandated members of the Committee on Special Education (CSE). These two participants, in addition to contributing to the development of the best possible program for each child, also act as key guides for parents who find the CSE process daunting at best, and at worst, confusing and intimidating. Eliminating their role and participation will save school districts few, if any dollars. The essential service that would be lost, however, would be devastating to parents and children who need that service most.
Sincerely
___________________________________________________________________________________
Selected Samplings of Mandate Relief Testimony
With respect to the proposal to remove school psychologists from the CSE, it is important to note that we are integral members of the general and special education process. We are trained and qualified to use assessment data to identify students’ strengths and needs, develop learning programs and interventions, and measure student progress and outcomes. School Psychologists consult and collaborate with teachers, administrators and parents to promote positive outcomes for students. We develop interventions and supports designed to advance academic skills. The school psychologist provides mental health services to promote mental wellness, while also providing preventive services on multiple levels to build resiliency in youth or respond to crises that occur in schools. Our work with families is important to support their influence on children’s learning and mental health, as well as develop a collaborative relationship between home and school. School Psychologists are trained to understand the impact of factors related to diversity on learning and development. Finally, we understand research and data collection methods which help to evaluate effective educational programs.
With our expertise in all of these areas, we often design the Response to Intervention and Positive Behavioral Support programs in districts. All of these skills serve to control the classification rates of students with disabilities, broaden the school-based options and programs for students with learning needs, institute appropriate conduct and discipline policies and procedures, promote an individualized approach to student’s needs, and advance quality programs and instructional practices based upon research and data. Removal of the mandate for these professionals as part of the CSE eliminates the protections and benefits afforded to school districts, students, and parents. Without the school psychologist, who will interpret the psychological data for the parents and CSE; who will be able to address the psychological needs of the child; who will speak to the needs of the family and the impact that this has on learning; who will integrate the assessment data to formulate educational plans for the child. If not the school psychologist, then who? The school psychologists in my district are engaged in a variety of activities beyond membership on the CSE. We bring the expertise of these varied roles in the schools to the CSE Committee and are able to provide recommendations that will benefit the student, family, and the school district. Therefore, the relief of this mandate would not represent substantial savings to my school district, but would severely impact the provision of support to students.
Related to CSE membership, concern seems to have been raised related to the mandate for these members attendance on the CSE and potential delays in the scheduling or conduct of meetings. While non-compliance with timelines established in the special education process is an important issue, remedies for these concerns already exist within the law. Chapter 311 of 1999 allows for members of the CSE to serve multiple roles on the CSE and Chapter 378 of 2007 allows members of the CSE to be excused from attendance with parental consent. Therefore, any potential delay in scheduling or conducting CSE meetings due to difficulties in assembling members can be addressed through these procedures.
Finally, the State Education Department also recommends the removal of specified categories or type of assessments that are mandated for initial assessment, as well as the school psychologists’ ability to determine the need for additional information as part of this evaluation. This action could expose school districts to litigation filed by parents and detracts from the determination of a student’s individual needs. Federal IDEA mandates that as part of an initial evaluation or re-evaluation, existing data must be reviewed to determine if the child is a child with a disability, or in the case of a re-evaluation, if the child continues to need special education services. Additionally, as part of an initial evaluation, a child must be assessed in all areas of suspected disability. Recent court decisions have sided with parents against school districts based upon the districts failure to conduct a comprehensive assessment. Through the specification of categories and provision for the school psychologist to determine the need for additional psychological data, school districts will be in a better position to determine the individual needs of children.
In closing, I urge you to reject the recommendation to remove the mandate for a school psychologist on the CSE, as well as the removal of specific language related to psychological evaluations as part of the initial assessment or re-evaluation process. Thank you for your time.
Some Possible Questions and Answers
Question/Statement – We know that school districts value school psychologists and their role on the CSE. We just want to remove the mandate for the school psychologist on the CSE. You can still be an invited member.
Response – In an ideal world, we would like to believe that school districts would maintain the school psychologists on the CSE. However, as one Regent pointed out in a meeting earlier this year, “if it is not mandated, many schools will not do it.” NY has had the wisdom to recognize the value of these professionals on the CSE and has elevated their membership to mandated status to protect the children, families, and schools.
Question/Statement – What would prevent a school psychologist from conducting a psychological as part of an initial evaluation, even if it is not specified in regulations?
Response – Without the school psychologist on the CSE, the decision of what assessments to conduct or additional information that may be needed to evaluate students’ learning needs will be left up to other professionals who do not possess the same level of expertise in the area of assessment as the school psychologist. In addition, administrative decisions may be made to forego certain evaluations to save money.
Question/Statement – What court cases have districts lost because certain evaluations were not conducted?
Ressponse – The most recent case which garnered a lot of attention was Forest Grove School District v T.A., in which the courts sided with the parents in part because the district failed to evaluate T.A. in all areas of suspected disability and failed to identify an educational disability.
Question/Statement – How will Chapter 311 of 1999 and Chapter 378 of 2007 help school districts in scheduling CSE meetings?
Response – Both provide flexibility to school districts regarding mandated members’ attendance at CSE meetings. In fact, Chapter 378 of 2007 was developed specifically as a reaction to NYSED’s concerns regarding providing school districts flexibility in scheduling CSE meetings.
Question/Statement – We will keep you on the CSE, but this will free you up to do other things rather than sit at meetings.
Response – This is a contradiction. You say that we will be “free to do other things,” but you still want us on the CSE. It sounds like you would want us to do more with less. Without the mandate, districts may believe that they do not need as many school psychologists. Therefore, while some school psychologists will be lost to budget cuts, you will ask the remaining to cover CSE meetings, as well as do the “other” things. Even if you free us from the CSE meeting, you lose the expertise and training that we bring to the table when developing programs for some of our most vulnerable children. You already have flexibility within the law to have me excused as a member of the CSE if the meeting does not pertain to my areas of involvement with the student. However, I would assume that you want me at all meetings that impact my areas of expertise.
Writing Points for School Psychologists
School psychologists are highly trained and qualified professionals, who are involved in both special and regular education.
The nature of school psychological training makes them uniquely qualified to bring skills and resources to the CSE that no other profession can provide.
The school psychologists’ training and expertise are often utilized by the CSE to develop alternatives to special education classification.
The school psychologist is the only professional on the CSE who is trained and qualified to administer, score, AND interpret psychological assessment data.
If not the school psychologist, then who will fill their role on the CSE?
School psychologists are expert in data based decision making.
School psychologists are experts in understanding the impact of social and emotional factors upon learning.
The recommendation to remove the mandate for the school psychologist is NOT new. It has been proposed in the past and deemed to be of little fiscal relief for schools.
The vast majority of school psychologists spend a significant amount of time engaged in other activities beyond the CSE. Therefore, the benefits of maintaining membership on the CSE far outweighs any anticipated “savings” by removing school psychologists from the CSE.
School districts already have flexibility within current law when it comes to scheduling CSE meetings and mandated members.
Writing Points for Graduate Students
The point of having a Committee on Special Education is in the value of having ALL of the different points of view: the general education teacher, the special education teacher, the parent, the additional parent member, the school psychologist, and the CSE chair to bring everyone together to reach the best possible decision for the child.
Graduate students in school psychology are being trained to be part of a multi-discipline team within the schools.
The school psychologist brings to the committee the expertise of their varied roles beyond the CSE.
Based upon our training, the school psychologist can contribute to understanding the developmental needs of each child and the creation of the best possible program to meet these needs.
As graduate students, we are being trained to know the legal and ethical practice of school psychology. Current IDEA requires an evaluation in all areas of “suspected disability.” We have learned about court cases where districts have failed to engage in this practice. In general, the state regulations in these cases do not specify categories of tests to give as part of an initial evaluation.
Writing Points for Teachers/Administrators
The school psychologist is an integral member of both the general education and special education process.
The school psychologist provides significant contributions to the Response to Intervention process, which has implications for the CSE process.
The school psychologist is an expert in Positive Behavioral Intervention and Support which may lead to CSE process.
The school psychologist is an expert in understanding the mental health, as well as social and emotional implications for learning.
The school psychologist is highly trained in assessment and data-based decision making.
The school psychologist offers protection and benefits to the district, students, and parents as a member of the CSE.
School administrators and CSE’s already have flexibility to have members excused from attending meetings.
These recommendations will bring little, if any fiscal relief to districts.
The vast majority of school psychologists spend a significant amount of time engaged in other activities beyond the CSE. Therefore, the benefits of maintaining membership on the CSE far outweighs any anticipated “savings” by removing school psychologists from the CSE.
The school psychologist brings to the committee the expertise of their varied roles beyond the CSE
The school psychologist can contribute to the development of the best possible program for each child
