Understanding the Tennessee Early Intervention System (TEIS) Transition during COVID 19

 

In Tennessee families who have a child aged birth to three years who have disabilities or developmental delays can get services for their child through Tennessee Early Intervention System (TEIS). Children diagnosed with certain disabilities in two developmental areas, or are delayed by 40 percent in one area, may be eligible for TEIS. Information from a physician may be used to determine eligibility. TEIS is part of the Department of Intellectual and Developmental Disabilities (DIDD).

TEIS and DIDD are committed to working with local schools to provide information and services for a smooth transition to Special Education (Individuals with Disabilities Education Act - IDEA; Part B services) (Learn more about IDEA Part B – Assistance for Education of All Children with Disabilities here). 

For children who have not been able to have transition-related activities due to COVID-19, DIDD is temporarily offering developmental therapy. These children must have been receiving early intervention services and have turned three on or after March 16, 2020 not yet been found eligible for Special Education (Part B) services. DIDD will provide services through February 28, 2021. The flowchart above shows more information about whether your child is eligible for these services and how to get started.

Each month, TEIS will be providing the Tennessee Department of Education with a list of children who have turned three years old since March 16, 2020. If the children on the list have not yet received their Special Education (Part B) eligibility determinations, TEIS will reach out to their families and offer therapy until they are eligible up until February 28, 2021. This ensures that services will continue to be provided during the COVID-19 public health emergency.

If you have any questions about your child’s TEIS transition at age 3, please reach out to your TEIS Service Coordinator to ask. If you still need help, you can reach out to us at specialeducation@thearctn.org.

Family Resource on Restraints and Isolation in Special Education

 

If you've ever wondered about how the law defines the use of restraints and isolation in relation to the Special Education Behavior Supports Act, we're here to help.

Physical Holding Restraint is the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body.

 

Isolation or seclusion is the confinement of a student alone in a room with or without a door. The student is unable to leave the area. 

 

An emergency is a situation where a student’s behavior is a threat to the physical safety of the student or others around them.

 

When is Physical Holding Restraint allowable? Restraint and isolation may be used in an emergency situation only. An emergency situation is defined as a situation in which “a child's behavior poses a threat to harm themselves or others.” 

• Example of an emergency situation: The student is repeatedly punching a glass window with the intent to punch through the glass.  
• Example of a non-emergency situation: The student lifts a computer and throws it on the floor. 
  

What is the policy on notifying parents after a restraint or isolation incident?

If school personnel impose restraints or isolations in an emergency situation, the student’s parent or guardian shall be told orally, or by written or printed communication, the same day the isolation or restraint was used. If a parent is told orally, they should still be given a copy of the written restraint/isolation form.

Can restraint and/or isolation be written into the IEP on a student’s BIP?

Yes, the IEP team can discuss to write restraint and/or isolation into a student’s BIP. It is important to remember that restraint and isolation are for emergency situations only and are not instructional strategies.

Special Education Behavior Supports Act: 

Special Education Behavior Supports Act (SEBSA) outlines tasks for the school system, schools, IEP teams, and how to address behavior with students with disabilities or students not receiving special education services. It lays out preventative approaches to prevent the behavior and how to decrease behavior. It outlines the training issues that school systems may incorporate. 

Facts You Need to Know:

·       If a school is in an emergency situation the school will contact the trained personnel that is trained in isolation and restraint. After the intervention, parents or guardians should be notified. 

·       If the IEP plan does not provide any use of isolation or restraint and the school personnel has to use isolation or restraint, the IEP team must meet within 10 days following the isolation or restraint. 

·       The school personnel should tell the principal about the incident of restraint or isolation. Another school personnel should be an observer and should monitor the safety of all involved. 

If you have any questions or concerns about this topic, please reach out to specialeducation@thearctn.org.

How to Make the Most of Virtual Learning

 

2020 has been a challenging year for everyone, but one of the hardest hit populations have been students. With schools switching back and forth between in-person and remote or some version of a hybrid, students with IEPs have had it particularly rough. As a parent, it’s hard to watch your child struggle, but we often wonder what we can do or say to make things easier, especially during a pandemic. The Family Engagement Team at The Arc TN has pulled together some tips and resources that you can use to help get you and your child through this year.

Important things to Remember:

·        The Individuals with Disabilities Education Act (IDEA) is a Federal Law and has not been changed or waived in light of COVID-19. Your students still have the right to a Free and Appropriate Public Education (FAPE). https://fespedtn.blogspot.com/2020/11/breaking-down-idea.html

·        If a school district is providing remote or virtual learning opportunities, the FAPE is required to make sure students with disabilities are able to fully access those opportunities: https://fespedtn.blogspot.com/2020/06/

·        Participation in all educational opportunities provided by the school is important. If the educational opportunity provided for your child does not work for them, document that and tell the school so they can figure out another plan.

·        Keep detailed notes about how the student is being impacted. CLICK HERE for a weekly guide to tracking your child’s progress. Always keep everything in writing.

·        Open communication between you and the teacher is key!! 

·        If a teacher is trying a new strategy, it may be best to implement the strategy at home, too.

Here are some questions to consider:

·        What are the educational options, choices, opportunities, and participation for students WITHOUT disabilities?

·        How many hours of a week is instruction being provided?

·        How is instruction being provided?

·        Is homework being assigned?

·        Are students with disabilities being offered the same instruction and education option, opportunities, choices, activities, and supports as students without disabilities?

Questions to ask yourself about students with disabilities:

·        How will the students be tested to determine the outcomes for students with IEPs and 504 plans are assisting students in reaching their goals?

·        Will the students have accessibility to all learning materials (print and digital) and technologies, enabling students with disabilities to access curricula with assistive technology?

·        Does the school have personnel and guidelines in place to ensure that students’ IEPs and 504 plans are appropriately reviewed, revised, and updated in partnership with parents and guardians, as scheduled during the year, whether remote or in-person?

·        Are general education, special education, assistive technology, and education technology staff prepared to collaborate to ensure that every learner with a disability continues to learn and make progress in the least restrictive environment?

If the student with disabilities is not being offered the same instruction, here is a list of steps for parents can take. Parents can take any approach they prefer. But this is a good recommendation for the order you could try.

·        Address the issue with your child's teacher

·        Request a meeting of the IEP team to address the issue

·        Contact the Special Education Director at your school district about the issue

·        Reach out to the Department to speak to a complaint investigator Heather Anderson at Heather.Anderson@tn.gov and she will work with you to try to resolve this informally

·        File an administrative complaint with the Department of Education

·        Request mediation from an outside party

·        Request a Due Process hearing https://fespedtn.blogspot.com/2020/06/since-shortly-after-schools-closed-in.html

 

If you have any questions about the services your child is receiving in special education, please feel free to reach out to our team at specialeducation@thearctn.org.

Summary of Facebook Live Q&A: Special Education Updates

 9/2/2020 Facebook Live

Theresa Nicholls, TN Dept of Education, Assistant Commissioner of Special Populations

https://fb.watch/2gOWDdHCI8/ 

On this listening session with Theresa Nicholls and Jen Aprea, they spoke on expanding the Wednesday Q&A to include other professionals within the Department of Education to answer other important questions in different areas. Theresa gave update regarding the Reopening Toolkit. Feedback from many people were addressed and included in the toolkit. A supplement FAQ document is on website for further information. Advocacy community meeting has also resumed virtually. Jen spoke on establishing a Special Education Network Advocacy Groups that consists of multiple advocacy groups across the state is being developed to come together in a listen session that is more locally, or topic based. This group is open to local organizations and Advocacy groups that that works with school age children with disabilities and have insights on issues or experiences in schools. Group is designed so everyone can have a voice at the table to sharing any issues families are facing, and how we can work through that. If interested you can sign up using link: https://www.surveymonkey.com/r/LWMVYZ2?fbclid=IwAR0SbfrRpM6C1rCUjp0NOG1NTF-h3VgTWgDl0DIvahp90g_BQPVwJnf-ym4

Today’s Questions:

1.     Q: How can online learning be accessible to students with disabilities such as dyslexia or blindness?

 A: Accessibility feature is federally required so parents and educators are encouraged to take advantage of those features.  Check your setting to see which ones is offered: i.e. Screen reader, jaws, chat features, read aloud. The department is aware of the importance of this and therefore the technology grant fund was giving to districts for technology needs.

2.     Q: Should IEP team meet to add a plan in case of school closure again due to COVID?

A: IDEA doesn’t require a contingency plan, but it is a good idea to plan ahead for issues such as this. This can  prevent any delay in instructions by touching base and connecting with the case manager, and IEP team on what the plan can look like , especially if something will look different ( I.e. Change of services, change of accommodations) If changes must be agreed upon by the IEP team.

3.     Q: Is closed captioning required for virtual learning, and if the school district does not offer close captioning on virtual learning, what do you do?

A: District are required to provide the needed accommodation for student to have access to the general curriculum. Close captioning is one way to do it but there are other options that serve the same purpose/same accessibility. Schedule an IEP meeting to speak on concerns, what your child has been able to access, what’s been helpful, what hasn’t been helpful. This is always your first step, but procedural safeguards are in place to help you through the steps to resolving a situation.

4.     Q: If I feel like my district is not following the CLP, what can I do?

 A: CLP is a continuous learning plan  that the districts are required to submit to the department based on the state board rules that requires the department to review and approve plans to ensure students receive instructions throughout the course of the school year regardless if in-person, virtual, or some hybrid model.. The plans are made publicly through the district website or the department of education website. If you feel your individual child’s needs are not being met, reach out to your case manager to see how the implementation of the CLP will affect your child.

5.     Q: What is the timeline/deadline for receiving the contingency learning plan?

A: Districts are using different terminology for learning plans. It communicates to parents how the student will receive the services/instruction, no change of services is made.  An example may be if a child was previous provided services from 10-1030 in person, service may now be from 9-9:30 on Zoom. This is a line of communication with the parents to address the mode the services will be provided. A contingency plan is if changes need to be made to the IEP itself. There isn’t a requirement to how the services will be received, but the district strongly encourage communication with parents, case managers.

6.     Q: Should I add a requirement in my child’s IEP if there has always been an aide in the class to assist, but not always. 

A: If your child needs inclusion support to access curriculum, it should be documented in the IEP. If your child was benefiting from support of an aide that may have been provided to other students and now without it he/she is not being successful, then yes his needs should be reflected in his IEP and that would be a good cause to requesting that meeting.

7.     Q: Metro wants to put decision to parents to go virtual or brick and mortar on prior written notices, Is that the correct place?

A: It is a great way to document the parent choice, it is not an IEP decision. If it is relevant to the child’s education, there is nothing wrong with documenting in the prior written notice

Resource Link on Tips to address a concern: https://fespedtn.blogspot.com/2020/06/

Special Population Toolkit link: https://www.tn.gov/.../health.../Special%20Populations.pdf

FE Family supplement resource link: https://fespedtn.blogspot.com/2020/08/special-populations-reopening-toolkit.html?fbclid=IwAR3_WXiHdFTosF_H2tQtlqDN3xzItSjnMREFkwOBGGTFJdUr2yjleNiRQwo

Diploma Options Training by The Arc Tennessee

 

This presentation explains the 4 Diplomas (Regular, Alternate Academic, Occupational, and Special Education) for Tennessee high schools. This is for parents and educators to understand more about the Diplomas and to choose which one works best for the student! Watch and Enjoy!

If you'd like to view or bookmark the PowerPoint slides for later, click here.