Act & Students with Disabilities STRENGTHENING PARENT CENTER CAPACITY

Act & Students with Disabilities STRENGTHENING PARENT CENTER CAPACITY 2017 LEADERSHIP CONFERENCE 1

Every Student Succeeds Act (ESSA) The Center for Parent Information and Resources (CPIR) is producing materials on the 2015 reauthorization of the Elementary and Secondary Education Act, ESSA, that focus on: How Parent Centers and stakeholders can be involved with their states in implementing ESSA, How Parent Centers can inform families of students with disabilities about ESSA and its implications for special education. 2 2017 LEADERSHIP CONFERENCE

ESSA will look different from state to state CPIR is developing materials that are customizable and that can be adapted to each state’s implementation of ESSA. During the Parent Center Boot Camp on ESSA, centers will: Participate in a training of trainers on a series of modules on ESSA and students with disabilities, Customize presentation materials and resources for your use with parents in your state. 3 2017 LEADERSHIP CONFERENCE

Addressing Disproportionality STRENGTHENING PARENT CENTER CAPACITY 2017 LEADERSHIP CONFERENCE 4

Addressing Significant Disproportionality In 2004, the IDEA Reauthorization included requirements that state: Collect data to identify local education agencies for disproportionality, Support LEAs in addressing their data through changes in policies, procedures, and practices. 5 2017 LEADERSHIP CONFERENCE

National and state level data in this area is still troubling! Engaging communities and families in addressing disproportionality is a key strategy in moving the numbers. 6 2017 LEADERSHIP CONFERENCE

Parent Centers Need Information On identifying and addressing disproportionate representation of particular student groups in: special education, special education placement, disability categories, and disciplinary actions; and Engaging families at the local and state level in systems change. 7 2017 LEADERSHIP CONFERENCE

CPIR is collecting and curating resources A group of Parent Center staff members are working with CPIR to: Collect high quality resources Review these resources to determine their usefulness for Parent Center purposes Organize the approved resources into a web-based information toolkit Resources are available for parent centers on the ParentCenterHub 8 2017 LEADERSHIP CONFERENCE

A Training Module on Disproportionality CPIR is updating and upgrading the IDEA 2004 Module on Addressing Disproportionality to: Reflect the USED Regulations promulgated in December 2016, Be more useful, understandable, and action-oriented for Parent Center staff development, Be used by Parent Centers to engage state advisory panel members, parent groups, and community leaders in this issue at state and local levels. The new module will be introduced at The Parent Center Boot Camp! 9 2017 LEADERSHIP CONFERENCE

Educating Students with Disabilities in Juvenile Justice Institutions STRENGTHENING PARENT CENTER CAPACITY 2017 LEADERSHIP CONFERENCE 10

Education of Students with Disabilities in Juvenile Justice Systems In 2016, USED, in conjunction with the Office of Juvenile Justice and Delinquency Prevention (OJJDP) released additional guidance on the education of young people in juvenile justice and other state correctional institutions. Reiterating that the fact that when a student is charged with or convicted of a crime, it does not diminish his or her substantive rights or the procedural safeguards and remedies provided under the Individuals with Disabilities Education Act (IDEA). 11 2017 LEADERSHIP CONFERENCE

Parent Centers Need Information and Resources On reaching and serving students with disabilities who are involved in juvenile justice systems and their families; On informing students with disabilities and their families of their rights under IDEA; On implementing strategies for improving educational services for students with disabilities in collaboration with state agencies and advocacy organizations. 12 2017 LEADERSHIP CONFERENCE

CPIR collecting and curating resources A group of Parent Center staff members are working with CPIR to: Collect high quality resources, Review these resources to determine their usefulness for Parent Center purposes, Adapt and customize resources for Parent Centers’ use in assisting and supporting students with disabilities and their families. During the Parent Center Boot Camp, Centers will: Customize presentation resources for use with students with disabilities, their families, and other advocates in their states. 13 2017 LEADERSHIP CONFERENCE

Professional Development for Boards STRENGTHENING PARENT CENTER CAPACITY 2017 LEADERSHIP CONFERENCE 14

Why PD Resources? Nonprofit management - most requested TA from RPTACs OSEP Supplement - to develop products for coordinated professional development (PD) for Directors in all 6 regions GOAL: Provide nonprofit management PD resources that will increase the capacity of Parent Center Boards, CEO/EDs, and Project Directors to effectively maintain a stable, effective nonprofit organization, capable of carrying out Federal grant requirements Six PD Tool Kits by 9/30/18 15 2017 LEADERSHIP CONFERENCE

Who is Developing the Resources? PTAC Contributors: Diana Autin & Carolyn Hayer, NE-PACT/Region 1 PTAC, SPAN Connie Hawkins, Rene Averitt-Sanzone, Laura Weber, Region 2 PTAC, ECAC Debi Tucker, Stephanie Moss, Region 3 PTAC, P2P of GA Courtney Salzer, Region 4 PTAC, WI FACETS Barb Buswell, Emily Rome, Region 5 PTAC, PEAK Nora Thompson, Region 6 PTAC, Matrix Debra Jennings, CPIR, SPAN Production Team: 16 Jan Serak, R4 PTAC, Project Director David Blanchard, R3 PTAC, Project Coordinator Glenda Hicks, Glenda Y. Hicks, CPA Rachel Howard, Rachel Howard Consulting 2017 LEADERSHIP CONFERENCE

What Are the 6 Tool Kits? 1. Board Structure Board Recruitment Board Orientation The Board Book 2. Financial Management Form 990 Financial Statements Fundraising 3. Legal Responsibilities 3Ds (Duty of Care, Loyalty, Obedience) Board Policies Conflict of Interest 17 4. Board/Staff Responsibilities Management vs Governance Evaluation of the ED OSEP Board Responsibilities 5. Succession Planning Emergency Planning Succession Planning Board Member Succession 6. Strategic Planning Why a Strategic Plan is Important How to Prepare a Strategic Plan Implementing a Strategic Plan 2017 LEADERSHIP CONFERENCE

What’s in Each Tool Kit? How to Use this Tool Kit 3 Videos 3 Dialogue Guides 3 FAQ Sheets 1 Resource List 1 Evaluation Form 66 Products! 18 2017 LEADERSHIP CONFERENCE

How Do I Use Them? Pick a Tool Kit Show Video (11-21 min) Use Dialogue Guide to connect video with your Parent Center (10-15 min) Use Resource List as HO &/or activities (1-15 min) Use FAQ Sheet as HO &/or discussion (1-15 min) Evaluation form (2 min) 25 minutes 19 2017 LEADERSHIP CONFERENCE

Where to Find Everything? CPIR to create a shared space online Electronic repository will include 6 Tool Kits Accessible by Board, ED, Project Director ----------------------------- Is there need for a networking space? 20 2017 LEADERSHIP CONFERENCE

Where to Start? What are your Parent Center Board’s 5 most challenging areas to effectively maintain a stable, effective nonprofit organization, capable of carrying out Federal grant requirements? Pick a topic and draft an agenda for your first Board PD 21 2017 LEADERSHIP CONFERENCE

Written Provision of Individualized Assistance STRENGTHENING PARENT CENTER CAPACITY 2017 LEADERSHIP CONFERENCE 22

Why this toolkit? 93% of Parent Centers provide written individualized assistance to families: 86% by email 50% by letter 34% via text 33% via Facebook 12.5% via Twitter, private messages, listserves 23 2017 LEADERSHIP CONFERENCE

What are examples of individualized assistance? Referring a family to sites where they can find information materials responsive to their request Sending informational materials (FAQs, fact sheets, other publications) responsive to the parent’s request Sending a description of a telephone conversation including a summary of the parent’s issues, the individualized assistance provided, and other relevant materials Sending a detailed, individualized response to a parent’s request for information/assistance 24 2017 LEADERSHIP CONFERENCE

Potential Liabilities Individualized assistance provided in writing may: 25 Be inaccurate Give rise to litigation Be subject to subpoena Be beyond the scope of a Parent Center’s mandate under IDEA Subject a staff member or the Parent Center itself to a charge of Unauthorized Practice of Law. 2017 LEADERSHIP CONFERENCE

Litigation Considerations Written communication is subject to discovery: Litigation between parents Actions against parents by child welfare systems, school districts, or other government agencies Complaint by a parent against the parent center Litigation brought by a State Bar Association or prosecutor against a parent center for unauthorized practice of law 26 2017 LEADERSHIP CONFERENCE

UPL Considerations UPL statutes generally prohibit: Representing another in a judicial or administrative proceeding Preparing legal instruments or documents which affect the legal rights of another Advising another of their legal rights & responsibilities, particularly when tailoring the information State prohibitions against non-lawyers practicing law must be implemented consistently with IDEA: Existence of PTIs & CPRCs with the responsibility to inform families of the provisions of IDEA, ADA, 504 Provisions allowing parents to be accompanied & advised at IEP meetings & due process hearings by individuals with special knowledge & training regarding children with disabilities (615)(h)(1); Regs. 300.512 27 2017 LEADERSHIP CONFERENCE

Process NE-PACT/Region 1 Parent TA Center supplement to develop a toolkit for parent centers on written individualized assistance to families: Conducted a survey of parent center policies & practices Current practices Current policies What would be most helpful? Reviewed potential issues with providing written individualized assistance Developing a toolkit 28 2017 LEADERSHIP CONFERENCE

Development & Review Team Development Team: Diana Autin & Carolyn Hayer, NE-PACT/Region 1 PTAC Courtney Salzer, Region 4 PTAC @ WI FACETS Martha Brecher, Esq. (former SPAN TA Director) Reviewers (Summer 2017): Regional PTACs (Regions 2, 3, 5, & 6) 1 Parent Center per region At least 3 PTIs & at least 3 CPRCs 29 2017 LEADERSHIP CONFERENCE

Toolkit Contents Staff development powerpoint with trainers’ notes (for use by RPTACs &/or Parent Center Directors with their staff) Appropriate written individualized assistance Unauthorized practice of law Staff development resources Dialogue Guides (1 for each topic) Fact sheet on considerations (1 for each topic) Sample scenarios (1 set for each topic) Organizational resources Sample policies on each topic Sample procedures for each topic Self-assessment tool 30 2017 LEADERSHIP CONFERENCE

Think About It! In your experience, when is it appropriate to provide written individualized assistance? When is it inappropriate? When you provide written individualized assistance, what is hardest about avoiding the unauthorized practice of law? 31 2017 LEADERSHIP CONFERENCE