[nfbmi-talk] Fw: MARSE Rule Changes- ACT NOW! Say you Oppose the Proposed Changes to Special Education Services in Michigan

[nickwilcox_2000 at msn.com]

From: Amy Shepherd 
Sent: Sunday, March 09, 2014 5:51 PM
To: nickwilcox_2000 at msn.com 
Subject: MARSE Rule Changes- ACT NOW! Say you Oppose the Proposed Changes to Special Education Services in Michigan


There are only 4 days left to voice your concerns regarding the proposed changes to Michigan's Special Education Laws.  Deadline to submit responses is 3/13/14.


I oppose the MARSE Proposed Rule Changes. The proposed changes will negatively impact students receiving special education services. Students who have low incidence disabilities, such as those who are Blind and Visually Impaired will be particularly affected by the proposed changes. So many Blind and VI students across the state are already being put on Certification tracks because they lack the modification, adaptations and blindness related skills to be able to access the MME curriculum. 




State Superintendent Mike Flanagan announced that effective immediately the MDE will accept public comments through email at, 
MDE-OSE-EIS-Public-Comment at michigan.gov  

It is important to weigh in with as many comments as possible. And, though it is always better to give a rationale on why you do or don't support a change, you DO NOT have to. You can simply say, "regarding this rule change XXX, I oppose the changes". Of course, if you want to provide the reason why, or suggest a better alternative, that is the best, but they did tell us that every comment on each rule change will be counted and logged as for or against. So just getting any comment in on as many of the specific changes as possible is CRITICAL.

Comment period ends 3/13/14 so it is soon!



You can also sign a petition to say no to these rule changes.  
http://www.change.org/petitions/rick-snyder-withdraw-the-proposed-rule-changes-to-special-education-immediately-marse?utm_campaign=petition_created&utm_medium=email&utm_source=guides


Below is a list of some of the proposed changes and comments from advocates around the state who are also in opposition as to how the changes might affect students who receive special education services. I have added my own comments as I believe they may relate to kids who are blind and visually impaired.  My comments are proceeded by the words "Blind and VI."



Sincerely, 


Amy Shepherd


Michigan Department of Education:

Purposed Revisions to Special Education Rules



All directly affect students who are Blind and Visually impaired, but I have highlighted and put the words Blind and VI prior to some additional negatives consequences for Blind and VI students that might result because of the rule changes. 



1. Give local control to school districts to determine special education staffing annually, based on the number of students



Result? 

·            Teacher caseloads and class sizes will dramatically increase.

·            Blind and VI :Appears to give ISD's the permission override the VI specific guidelines regarding, service provisions from a certified Teacher for the Visually Impaired. 

Examples:

·            R 340.1743 Programs for students with visual impairment.

·            R 340.1749 Teacher consultant with a student caseload; responsibilities.





2.  Removing all transparency from the ISD (Intermediate School Districts) "alternate special education plan" 

Historically, each ISDs plan for special education had to comply with IDEA 2004 and the Michigan Administrative Rules for Special Education.  Although IDEA 2004 doesn't have specifics around maximum class sizes, teacher caseloads, broader age spans in classrooms and school days, all 50 states, including Michigan, have self-imposed rules around these details. 



.             Over objections of lobbying teachers and the State Board of Education, in 2001, R 340.1832 ? of the Michigan Administrative Rules for Special Education was implemented which allows ISDs to propose alternative special education programs and services.

.             Executive Order Nos. 1996-11 and 1996-12 transferred all administrative powers over the Department of Education from the State Board of Education (elected positions) to the Superintendent (appointed position). 

.             Since the power transfer from the State Board of Education to the Superintendent, the number of alternative special education programs has increased, resulting in increased class sizes, larger teacher caseloads and broader age-spans within classrooms.

.             In addition, there is no public comment period for parents for any ISD plans.  This violates IDEA 2004 because it doesn't include any public comment/public hearing period for special education programs and services attached to a Michigan special education rule. 



Result?  

·            There is no transparency and parents are not part of the rule-making process like they are with IDEA and State Administrative Rules.  (Only one individual, the State Superintendent, has the authority to accept or reject ISD Plans.)  

·            There is no "checks and balances.



3.    Requiring parents to give written consent for special education services prior to convening an Individualized Educational Planning Team (IEPT) meeting

The IEPT meeting is required by law and is the school's formal process in determining a child's eligibility for special education.  If eligible, the IEPT develops appropriate special education programs and services for your child's Individualized Educational Program (IEP).

Result?  

·            Parents will be prohibited from providing valuable information about their child's developmental history and personal learning style.  They will also be prevented from providing suggestions on ways to enhance school success and identify areas of concern.

·            Blind and VI :Parents will no longer be able to give input regarding skills within the Expanded Core Curriculum  (ECC) specific to Blind and VI Students in the areas of Assistive Technology, Career Education, Compensatory/Access Skills, Independent Living, Orientation and Mobility, Recreation & Leisure, Self-Determination, Sensory Efficiency, Social Interaction

(FYI: Michigan is proposing rebuking IDEA 300.306 which recognizes parents as members of the team that determines their child's eligibility.)



4.     Establishing that a student will only be a student with a disability until the high school credits necessary for a diploma are earned and then a district can unceremoniously exit the student and with no concern for the student's preparedness for post-secondary education and employability



Result?

·            Blind and VI :Appears to give ISD's the permission override the VI specific laws regarding, service provisions from a certified Teacher for the Visually Impaired and Orientation and Mobility Specialist as they relate to ILS and OM training and Transition services.



5.    Lowering the qualifications for paraprofessionals from a college degree to a high school diploma.

Paraprofessionals spend a considerable amount of time providing direct (one-on-one) instruction in reading, writing and mathematics to children with disabilities. 



Result? 

·            It will reduce the quality of education for special education students.

·            Blind and VI :Appears to give ISD's the permission override the VI specific Laws regarding  braille, assistive technology and skills of blindness training for Parapros working with Blind and VI students. 



6.   Change eligibility standards for children on the autistic spectrum by use of a symptom, which is not an accepted medical diagnostic criteria.

For a child to receive, (or continue to receive), special education services, they will have to demonstrate an inability to make eye contact.



Result?  

·            A flood of ASD kids being pushed into general education and no longer receiving specialized instruction and related services. 



(FYI:  If this passes, Michigan will have the most restrictive criteria in the nation.)



7.  Remove "short-term" objectives from the IEP

This eliminates accountable and measurable progress on annual goals.



Blind and VI :So many Blind and VI students across the state are already being put on Certification tracks because they lack the modification, adaptations and blindness related skills to be able to access the MME curriculum.



Result?  

·            Parents will no longer be able to determine if their child is making progress.  

·            Additionally, any monitoring for children and staff will be purely subjective.



(FYI:  The MDE tried to implement this revision in 2008 and it was stopped from doing this.)



8.   Remove the use of multidisciplinary teams in evaluations (MET)

Unfortunately, this places too much control with too few people. 



Result? 

·            Such limited evaluations will be incomplete and inaccurate.

·            Blind and VI :Without a MET- Necessary evaluations (Functional Vision Assessments, Reading Medium Assessments, Reading Speeds in Print, Braille, Large Print, ILS and Mobility Assessments, etc.) for HI, VI and HI-VI may not be conducted without the requirement to conduct them. 

·            Blind and VI :Without a MET- Evaluations from an ophthalmologist or optometrist may not be conducted without the requirement to conduct them. 



9.  Blind and VI :Lower the requirements for individuals who wish to teach the Hearing and Visually impaired. 



(2) A vision education specialist may conduct 1 or more of the following activities

related to students with a visual impairment:

(a) Provide necessary large-type or Braille texts, supplementary materials, educational

aids, and equipment in a timely manner to ensure the student's maximum participation

in all classroom activities.

(b) Create and adapt accessible materials.

(c) Provide Braille instruction and assessment for students.

(d) Model appropriate techniques for providing effective instructional strategies.

(e) Conduct functional vision evaluations, learning media assessments, and other

vision-related assessments to determine a student's visual function, reading medium,

and skill levels.

(f) Provide written reports based on aggregated assessment data.

(g) Collaborate with teachers, support staff, parents, paraprofessionals, and students

to provide useful technological and vision information. 

(h) Identify and coordinate accommodations and modifications of the school

environment for a student to obtain access to general education curriculum.

(i) Consult regularly with classroom teachers, other general and special education

personnel, parents, and others to coordinate programs and services for the visually

impaired student.

(j) Evaluate, select, and maintain appropriate adaptive technology used by students in

a school setting.

(k) Assist teachers and school staff in the use of equipment and adaptations to

accommodate students' needs.

(l) Coordinate appropriate services with outside agencies.



Blind and VI :While the points listed above are all great, the key word is statement is may conduct 1 or more.  It gives VI teachers the choice of conduction those activities and many Blind and VI students across the state will not receive appropriate services. 



Blind and VI :There is a critical shortage in teachers specialized in teaching students with hearing and visual impairments.  The MDE wants to reduce the requirements necessary for teachers to teach this population of students to attract more people to the profession.



Blind and VI :Result?  

·            Special education students will no longer receive a quality education.

·            The revisions reduce the responsibility of the VI teacher and the support provided. It gives them the option of providing services and students will suffer. 



10.  Physicians assistants will become members of the evaluation team to determine Physical Impairment (PI), Other Health Impairment (OHI), Traumatic Brain Injury (TBI) and Deaf-Blind

While Physicians Assistants have bachelor's degrees, they do not specialize in pediatric evaluations for disabilities.

Result?  

·            Children may not be properly diagnosed.

·            Blind and VI :Student who are deaf-blind may be overlooked for VI related services