Policy & Law

a. Develop and implement policy to meet local, state, federal requirements / constitutional provisions

b. Apply standards of care involving civil and criminal liability for negligence, harassment and torts

c. Demonstrate understanding of state, federal and case law involving GENED, SPED and COMMED

 Reflection  4- Policy and Law

 To navigate and apply educational law to support student academic and social success, it is imperative that the educational leader is able to recognize legal concepts and access strategies to deal with the many legal issues that arise. This requires a knowledge base in legal concepts and the language included in state statutes, federal mandates and constitutional amendments. As Jim Roth stressed in my educational law course, an educational leader must acquire a reasonable understanding of case law and state/federal decisions regarding topics such as discrimination, harassment, collection, storage and use of data, student discipline, attendance and truancy. In addition, the special education director needs a comprehensive knowledge base of due process and federal IDEA legislation to enable staff, including other administrators and school leaders, to trust recommendations and directives as needed.

 Understanding current policy and law regarding IDEA and Special Education due process as it applies to FAPE is an area of strength due to my experiences. As a certified instructor for the district in Non-Violent Crisis Prevention I understand local school board policy in compliance with state regulations on student restraint and seclusion. I individually train and develop policy in all district buildings regarding crisis teams and protocol for implementation and procedures during and after a student crisis has occurred. I have developed due process documentation for situations involving student physical restraint due to safety concerns. 

Working with IEP teams, I develop PBIP’s (Positive Behavior Intervention Plans) that align with student needs and facilitate skills acquisition in accordance with Minnesota state statute. Evidence of this experience is included in my behavior intervention plan artifact regarding a student who had experienced two manifestation determination meetings as a result of behavior suspensions exceeding 10 cumulative days. Administration accessed my expertise in this area asking for my input on a solution to the situation.  I developed a PBIP focusing on one targeted behavior. I met with administration and staff communicating the proactive intervention needed to reduce the targeted behavior also explaining the inclusion of a student day-end option into the plan in compliance with Minnesota state regulations. Included in my artifacts is the student day end notification that I created for administration to use in conjunction with the PBIP.

            I also adhere to due process timelines and work to determine student placements based on federal settings and special education service minutes. I have extensive training in the area of Functional Behavior Assessments (FBA) and due process regarding Individual Education Plans, evaluations and re-evaluations.

            During fieldwork hours I gained extensive experience in policy and law as a member of the district CIMP (Continuous Improvement Monitoring Process) team. I attended training in due process file review at the Minnesota Department of Education in the fall of 2009 in preparation for a district file review we completed by March 30^th, 2010. Artifact evidence of this 3 day training is included here as an essential part of my experience with policy and law. File reviews required compliance with state statutes regarding every component of the IEP and evaluation for special education including the areas of notification, prior written notice, team meeting attendance, measurable goals and objectives and modifications/adaptations needed for participation and progress in the general education curriculum. As part of the CIMP team I identified areas of non-compliance based on training provided by MDE. I used Excel spreadsheets to align non-compliant citations with a plan for correction. As a team we submitted corrections to the MDE with over 50% being accepted. I was also involved in developing the district corrective action plan for future compliance and the writing of the District TSES manual. I communicated via phone and e-mail with our MDE compliance monitor. Policy and law is always changing and the school leader needs to remain current on decisions made and the implications for students and staff.  I subscribe to Smartbrief sponsored by the Council for Exceptional Children. I receive daily e-mails that keep me informed of federal and individual state legislative actions affecting education. Upon recommendation from Mary Kreger during my course on the special education director, I plan to pursue a subscription to e-Connections (www.specialedconnection.com) keeping me up to date on news connected to the field of special education.

            As a special education director, I will be responsible for aligning district policy with practice by ensuring that staff receives the training and information needed to reasonably and consistently apply district practice and due process to the daily work they perform as educators. Maintaining a cutting edge knowledge base of due process and emphasizing the correlation to best practices and increased student achievement will also be a part of the responsibility required. The experiences I have had in the area of policy and law, including my work in the CIMP process collaborating with teachers, administration and MDE compliance monitors will enable me to confidently lead in this required area of special education.

Artifacts 

 Positive Behavior Intervention Plan (PBIP).docx (27,7 kB)

  Student Day End Notification.doc (112 kB)

 Minnesota Department of Education Training.tif (1,3 MB)  MDE page 2.jpg (88,5 kB)

   CIMP Actions PP.ppt (699,5 kB)