SE2LE4E3 - Legalities and Funding

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SE2LE4E3 - Legalities and Funding by Mind Map: SE2LE4E3 -  Legalities and Funding

1. The Canadian Human Rights Code

1.1. Canadian human rights are protected by federal, provincial and territorial laws. They stem from the UN Declaration of Human Rights with 30 articles outlining everyone's human rights. The Canadian Human Rights Act (1977) protects Canadians from harassment discrimination such as race, age and sexual orientation in the workplace.

1.2. The Canadian Charter of Rights and Freedoms (1982) protects every Canadian's rights to be treated equally under the law. It guarantees some freedoms such as: expression, religion, and assembly. It only applies to governments, and not private individuals.

2. What I Want to Know

2.1. What did Special Education services look like prior to the creation of the SEAC?

2.2. How can the SEAC continue to evolve to support exceptional students?

3. What I Learned

3.1. TVDSB SEAC meetings are held on 2nd Monday/Tuesday of the month (alternating)

3.2. Members are appointed by the school board

4. Funding

4.1. "Publicly funded education in Ontario is delivered through a decentralized system of school boards established by the provincial legislature to administer the education system at the provincial level"

5. Legislation

5.1. Eligible members are required to: 1) Reside within the jurisdiction of the board they represent; 2) Be qualified to vote for members of the school board; 3) Be a Canadian citizen; 4) Be over the age of 18; 5) Not be employed by the Board

5.2. SEAC membership to include: 1) Twelve volunteers representing local parent associations; 2) Alternates for each volunteer; 3) Trustees of the Board; 4) Representation for First Nations, Inuit, Metis students; 4) Additional members as determined by the Board of Trustees

6. School Board Obligations

6.1. Every student is entitled to an educational program which is responsive to their strengths and needs

6.2. Meetings follow a formal format including: REVIEW meeting minutes, PRESENTATIONS on special education programs and services, CURRENT issues and initiatives in special education, COMMUNITY updates by SEAC Members, BOARD reports, CORRESPONDENCE and QUESTIONS

7. Roles and Responsibilities

7.1. Can make recommendations to the school board authority which relate to the establishment, development, and delivery of special education programs and services for exceptional students

7.2. Provided with opportunities to participate in annual review of the board's Special Education Plan

7.3. Participate in the board's annual budget process relating to special education

8. History

8.1. Under the Education Act and Regulation 464/97, all School Boards are required to create and establish a Special Education Advisory Committee

8.2. SEAC meetings enable SEAC members to provide advice and recommendations about special education programs and services related to special education

9. Policy and Procedure Memorandums

10. PPM 1 Subject: Ontario schools for the blind and deaf as resource centers Issued: April 2nd, 1986 - Makes the following services available to boards without charge - Audiological services including hearing screening programs, testing for specific hearing impairments, and counseling for caregivers about and maintenance of assistive technology - Psychological and assessment services including intelligence tests, language assessments, academic achievement evaluations, language impairment assessments and visual functioning assessments -Educational consultative services to help with preparing, updating, monitoring and providing recommendations for board plans for hearing and visually impaired students, as well as counselling to parents with pre-school age diagnosis - Professional development services including reading materials, and presentations, and workshops for supervisory officers and local school staff - Learning materials and media in Braille or audio tape

11. The United Nations' Convention on the Rights of Persons with Disabilities and The Canadian Human Rights Code

11.1. The United Nations' Convention on the Rights of Persons with Disabilities

11.1.1. The United Nations Conventions elaborates on the right's of persons with disabilities and set out codes of implementation. A few policies listed in the document that relate to children and education include:

11.1.1.1. As a change of perceptions to improve the situation of persons with disabilities. Countries are to combat stereotypes and prejudices and promote awareness of the capabilities of persons with disabilities.

11.1.1.2. Countries are to guarantee that persons with disabilities enjoy their inherent right to life on an equal basis with others (Article 10), ensure the equal rights and advancement of women and girls with disabilities (Article 6) and protect children with disabilities (Article 7)

11.1.1.3. Children with disabilities shall have equal rights, shall not be separated from their parents against their will, except when the authorities determine that this is in the child’s best interests, and in no case shall be separated from their parents on the basis of a disability of either the child or the parents (Article 23)

11.1.1.4. On the fundamental issue of accessibility (Article 9), the Convention requires countries to identify and eliminate obstacles and barriers and ensure that persons with disabilities can access their environment, transportation, public facilities and services, and information and communications technologies.

11.1.1.5. States are to ensure equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education is to employ the appropriate materials, techniques and forms of communication. Pupils with support needs are to receive support measures, and pupils who are blind, deaf and deaf-blind are to receive their education in the most appropriate modes of communication from teachers who are fluent in sign language and Braille. Education of persons with disabilities must foster their participation in society, their sense of dignity and self worth and the development of their personality, abilities and creativity (Article 24).

12. PPM 8 Subject: identification of and program planning for students with learning disabilities Issued: August 26, 2014 - Provides the definition of the term learning disability which must be used by the IPRC States that school boards are required to implement procedures for early and ongoing identification of the learning abilities and needs of students - Schools are encouraged to take a multidisciplinary approach to assessing and identifying learning disabilities including information from the parent, the student, the educator, educational history, medical information, and educational assessments or other professional assessments - Assessments should be based on Canadian norms, be culturally sensitive, and the results will be used to form an IEP - Program planning specific to the student needs to be implemented when students have been identified by the IPRC or demonstrate difficulties in learning and would benefit from special education programs - Program planning should be based on recommendations by the IPRC committee - The IEP should reflect the learner's profile and incorporate universal design for learning, differentiated instruction, instructional, environmental, and assessment accommodations, modification of learning expectations as needed, and alternative expectations as needed, as well as a transition plan

13. PPM 59 Subject: Psychological Testing and Assessment of Pupils Issued: October 11th, 1982 - When school boards are considering providing Psychological services they must: - Obtain written consent, Ensure the psychologist has proper certification, registration, and supervision, the placement and follow-up decisions are made by the board and the parent, a variety of procedures and tests may be used, confidentiality must be a priority, a copy of the report will be filed in the osr, permission must be obtained to share the report beyond the school board, testing should be culturally and linguistically responsive

14. PPM 76C Subject: Alternative Educational Programs and Services for Deaf, Blind, and Deaf-Blind Exceptional Pupils Issued: October 4th, 1991 - Focuses on the need for flexibility in funding for alternative placements - There are specific criteria to receive funding from the government, including that the program provided for exceptional pupils who are educationally deaf, educationally blind, educationally deafblind who otherwise would have been enrolled in selective alternative programs, there is a minimum amount of time instruction is provided by a specialist teacher with proper qualifications, provide specific curriculum developed in consultation with other alternative schools, and provide special materials as needed, such as hearing aids - Support service personnel may include specially trained and certified interpreters, intervenors, orientation and mobility personnel, transcribers, and teacher assistance - Funding will be determined by the number of people served - Program audits will be submitted annually to the Ministry of education

15. PPM 81 Subject: Provision of Health Support Services in School Settings Issued: July 19th, 1984 Focuses on concerns extending Beyond educational Services The home Care program of the Ministry of Health will take responsibility for the following: assessing people's needs at home, injecting medication, catheterization, manual expression of the bladder, stomach care, postural drainage, suctioning and tube feeding, as well as intensive physio-occupational, and speech therapy The school boards will be responsible for administrating oral medication, lifting and positioning assistance with mobility, feeding and toileting, and general maintenance exercises Where oral medication is being administered their needs to be a doctor prescription, written request from the parents with the specific details, safe storage and labeling, a record of administration, and emergency contacts that are easily accessible, as well as a private space to take the medication

16. PPM 85 PPM 85 has been consolidated and replaced by the Guidelines for Approval and Provision of an Education and Community Partnership Program (ECPP) 2020-21

17. PPM 140 Subject: Incorporating Methods of Applied Behavior Analysis (ABA) into Programs for Students with Autism Spectrum Disorder (ASD) Issued: May 17th 2007 - Focuses on supporting the incorporation of ABA methods into school board practices for students with ASD - Intended to strengthen collaboration between parents, schools, and the community - Requirements of the memorandum include: - schools must offer students with ASD special education programs and services, including, where appropriate, special education programs using ABA methods - school board staff must plan for the transition between various activities and settings involving students with ASD - School boards are encouraged to develop a plan with their special education advisory committee regarding implementation - Monitoring of implementation will follow by the ministry

18. PPM 156 Subject: Supporting Transitions for Students with Special Education Needs Issued: February 1, 2013 Exceptional students who are age 14 or over (not solely gifted) must have a transition plan included in their IEP focusing on a transition from school to work, further education, and or community living For students with ASD, their IEP must include a plan for transitions between various activities and settings For students in care and or treatment, custody, and correctional facilities the facility and board will work together to create a transition plan Transition plans are required for all students who have an IEP You may create a transition plan for a student who is not an IEP but receive special education programming Must be created in consultation with the parents and student wear applicable If the student has no particular need of supporting transitions the transition plan should state that no actions are required A transition plan must be stored in the OSR

19. Special Education Advisory Committee (SEAC)

20. Funding for Special Education

20.1. Foundation Grant (FG): every school board receives a basic level of funding for each student

20.2. Special Education Grant (SEG): this is additional funding provided for students who require special education programs, services and equipment. It is divided in to the 6 categories below.

20.2.1. Special Education Pupil Amount (SEPPA): this amount is allocated to school boards based on the total enrollment of ALL of it's students

20.2.2. High Needs Amount (HNA): is now known as the DIfferentiated Special Needs Amount. It is a variable allocation of funding to school boards based on the amount of special education students they have.

20.2.3. Special Equipment Amount (SEA): this funding can be allocated in two ways 1) a specific amount of money per pupil, used to purchase computer, software, technology or 2) a claims-based amount to be used by the school board, for non-technology related special education equipment

20.2.3.1. Special Incidence Portion (SIP): allocates funds for the staffing support to ensure the health and safety of a student with extraordinarily high needs, as well as other students, when a student requires more than 2 full-time staff

20.2.4. Facilities Amount (FA): is now called the "Care, Treatment, Custody and Correctional Amount", and provides the funding for these facilities to provide educational programs there to the students in care

20.2.5. Behaviour Expertise Amount (BEA): provides funding to school boards to hire board-level A.B.A. (Applied Behavioural Analysis) professionals to support the schools with teacher, staff, and school training, best practices for students with A.S.D., etc.