MONDAY SUPERINTENDENT E-MAIL – 8/1/11
The Monday E-mail contains information on the following KDE-related topics:
- Restraint and Seclusion
- School Financial Management Institute Week 1
If you have questions about the specific items, please see the contact information for each item.
Items from KDE
Restraint and Seclusion
KDE recently met with Protection and Advocacy (P&A) concerning an increase in the restraint and seclusion of students with disabilities. KDE is extremely concerned by P&A’s reports of:
A student being nearly asphyxiated while being restrained A student vomiting from panic attacks, while spending most of an academic year confined to a closet, with no ventilation or outside source of light Instances of restraint and seclusion resulting in the deaths of children in Georgia, Michigan, Texas and Wisconsin An overall increase over the past three years in inappropriate restraint and seclusion of students with disabilities
These situations are alarming to KDE. We are also gravely concerned by P&A’s report that several Kentucky districts cite the lack of state laws or regulations on restraint and seclusion to justify cases of restraint and seclusion misuse.
Although the Division of Learning Services (DLS) has not yet received formal complaints related to the conduct of the two districts noted above, we have investigated situations involving restraint and seclusion twice during the past five months. DLS has used the IDEA formal complaint process to cite a district for a denial of FAPE due to use of a dangerous restraint. DLS has also ordered a district to cease and desist using a seclusion room until such time as DLS approves district policies for using the room.
KDE will soon be reissuing guidance on Effective Use of Time-Out, found at: http://www.state.ky.us/agencies/behave/bi/to.pdf . KDE is also in the process of examining additional data and other information to determine the extent of the problem.
IDEA does not prohibit the use of restraint or seclusion. However, KDE is giving notice that districts risk being cited for IDEA violations, should DLS determine inappropriate use of restraint and seclusion during a formal complaint investigation. Findings of noncompliance of a student’s right to FAPE and a student’s right to be educated in the Least Restrictive Environment (LRE) are areas in which districts may be cited, should the facts indicate the law has been violated.
Commissioner Holliday has indicated he will ask the Kentucky Board of Education to address inappropriate restraint and seclusion of all students, through the board’s specific authority to promulgate regulations related to the health and safety of Kentucky’s students. The effort will coincide with the recent directive from the federal U.S. Department of Education, urging states to adopt laws in this area.
KDE has long offered technical assistance and support to assist districts in appropriately addressing behavioral challenges of students with disabilities. KDE has done this through the extensive funding of technical assistance projects, the provision of statewide training and the development of tools and materials for use by classroom teachers.
Districts must no longer risk emotional and physical harm and even the possibility of death to students who are subjected to dangerous restraints and inappropriate seclusion. Because of these latest developments across the state, KDE is no longer only asking districts to comply with our guidance on restraints and seclusion, but are now forced to require districts’ compliance with these standards through the enforcement mechanisms in IDEA, as well as with anticipated promulgation of regulations protecting all students.
Questions on this topic can be directed to Amy Peabody at (502) 564-4474 or via e-mail to amy.peabody@education.ky.gov .
Items from Outside Agencies
School Financial Management Institute Week 1
The University of Kentucky is pleased to invite you to participate in Module One of the School Financial Management Institute. This Institute prepares participants to take the Certified School Financial Manager exam. The program is a collaboration between the Gatton College of Business and Economics, and the School Financial Management Institute Advisory Board of education professionals in Kentucky. Please note: This program will require your full participation during the week.
Module one is a weeklong in-residence program for all participants and is held in Lexington. Hotel rooms are included in your fee and your reservations will be made via the Executive Education Center (EEC).
The following information will allow you to plan your schedules. Program orientation will begin the activities on Monday, November 8, 2010. During this time, you will be divided into your work groups for the week. Your groups will be working on a project that will require a presentation. If you have a laptop with presentation software, please feel free to bring it with you. The success of this program depends on your professionalism and ability to participate in ALL the activities, classes and discussions. We need to underscore the importance of full attendance.
The School Financial Management Institute is a three-year certification program that is still on-going after 10 years in existence. This certification program provides School District Finance Officers, in the Commonwealth of Kentucky, the opportunity to better their skills and knowledge with financial management issues they face in their perspective school districts. It also is an opportunity for the Finance Officers to keep up with new developments and to share ideas with their colleagues. After completion of the Institute, the Finance Officers are eligible to take the School Financial Management Institute exam and upon passing, they will receive the official title as a Certified School Financial Officer. The Institute is also available to School Administrators and staff with management potential.
Who Will Benefit
School District Employees with the responsibilities of dealing with:
· School District Finance
· Grant Management
· Cash Management
· Facility Manager
· School Financial Activities
Participants include several levels of experience including:
· Administrators who could benefit from a broader perspective in education management
· Business and financial administrators wishing to keep up with new developments and current issues
· Recently hired or promoted financial officers
· Staff with management potential
Program Dates & Venue
November 14-17, 2011
Clarion Hotel
Newtown Pike
Lexington, KY
For detailed information relating to course topics and the agenda, please visit our web site: www.gatton.uky.edu/eec and click on the EEC Program link at the bottom of the page and then the Public School Finance Officer Training link located at the right side of the page. If you know you are attending you can by-pass and click on the “register here” button located at the bottom of the page. Be sure to select the appropriate program in the drop-down box located on the registration page.
If you have any questions you can contact Debbie Reed by phone at 859-257-8780 or via email at eec.ed@uky.edu.