Appropriate Educational Programming

Appropriate Educational Programming - Page 5

4.6 Procedures for Appealing to the Superintendent a Decision that Significantly Affects the Education of a Student

4.6.1 A parent / guardian, or student, if the student is eighteen (18) years of age or older and is capable of doing so, may, within fourteen (14) days of the conclusion of the school level dispute resolution process, appeal to the Superintendent decisions that significantly affect a child’s education, such as disagreements about the educational programming and / or placement of students with IEPs in place.

4.6.2 The parent / guardian or student shall make the appeal in writing, stating the decision being appealed and the resolution being sought.

4.6.3 The Superintendent shall consider the appeal and render a decision within ten (10) working days.

4.6.4 The Superintendent may request additional information from the parent / guardian or student and from the school principal.

4.6.5 The Superintendent may hold a meeting with school representatives and the parents / guardians and student (where applicable) in an effort to resolve the dispute.

4.6.6 Parents / guardians, or student, have the right to be assisted by a resource person of their choosing in the meeting referred to in section 4.6.5 above. The responsibility for engaging and paying for such assistance rests with the parents / guardians.

4.6.7 After the Superintendent has made a decision, the parents / guardians, or student (if applicable) and the school principal shall be informed of the decision in writing forthwith.

4.6.8 The Superintendent shall inform the parents / guardians, or student, if the student is eighteen years of age or older and submitted the appeal, of the right to appeal the decision of the Superintendent to the School Board within fourteen (14) days of receipt of the decision.

4.6.9 The Superintendent shall provide the parents / guardians, or student (where applicable) a copy of the Procedures for Appealing a Decision Regarding a student’s educational programming or placement to the School Board.

4.7 Procedures for Appealing to the School Board a Decision that Significantly Affects the Education of a Student

4.7.1 A parent / guardian, or student, if the student is eighteen (18) years of age or older and is capable of doing so, may appeal the decision of the Superintendent referred to in 4.6.7 above to the School Board within fourteen (14) days of receipt of the decision.

4.7.2 The appellant shall submit the appeal in writing, briefly setting forth the reasons for the appeal, to the attention of the Secretary-Treasurer.

4.7.3 The Secretary-Treasurer, upon receipt of a Notice of Appeal to the Board, will:

a) advise the Superintendent of the appeal;

b) in consultation with the Board Chair, schedule a hearing on a date which allows the appellant and the Superintendent sufficient notice and time to prepare for a presentation to the Board;

c) advise the appellant and the Superintendent of the following as applicable:
i) date, time and place of the hearing
ii) the right to have a resource person of the parent’s choosing present
iii) the right to examine the student’s school cumulative record, upon request, prior to the hearing
iv) the right to present any information pertaining to the appeal, including expert medical, psychological and educational testimony
v) opportunity to decide whether or not the student will be present at the appeal hearing during the presentation of evidence
vi) the expectation that matters under appeal must be specific to the student’s individual programming and placement represented by the appellant.

4.7.4 Appeals will be heard by the Board at an in-camera Board meeting, at the earliest date possible which allows the person making the appeal and the Superintendent sufficient notice and time to prepare for the presentation.

4.7.5 Parents, when appealing a decision to the Board, have the right to be assisted by a resource person(s) of their choosing. The responsibility for engaging and paying for such assistance rests with the parents. Expert witnesses may make representation on behalf of the School Division administration.

4.7.6 The Superintendent will supply the Board with written material deemed pertinent to the case. The Board may request the parent and / or student, and any employees who made decisions on the matter under appeal, to appear before it to present their positions.

4.7.7 The Board reserves the right to make its decision at a subsequent Board meeting. The parties to the appeal will be advised when the decision will be made. The Board decision will be made in open session.

4.7.8 After the Board has made its decision, the appellant and Superintendent shall be informed of the decision in writing forthwith.

4.7.9 If the dispute is about appropriate educational programming, the Board shall inform the appellant of the right to complain to the review coordinator appointed by the Minister of Education, Citizenship and Youth.

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Appropriate Educational Programming - Page 4

4.4.3 The need for an IEP shall be determined through a process of observation and informal or specialized assessment in consultation with the parents / guardians and the school and division team.

4.4.4 Behaviour Intervention Plans (BIP) shall be developed where behaviour is identified as a learning need.

4.4.5 IEPs shall be developed, revised, implemented, monitored and evaluated at least twice a year and at least once each semester in Grade 9 – Grade 12, by the team including parents / guardians, students (where appropriate), teachers, principal, and other professionals. Parents / guardians may bring an advocate to any of the meetings if they so wish.

4.4.6 Parents shall be informed of the student’s progress at the regularly scheduled reporting periods throughout the year or more frequently if programming changes are deemed appropriate.

4.4.7 The school division shall obtain parent / guardian signature on IEPs to indicate involvement in the IEP process. In cases where the school division is unable to obtain parent / guardian signatures, reasons for refusal and actions undertaken by the school to resolve concerns will be documented.

4.4.8 Students with IEPs who have a reduction or alteration in the school day must have it documented in the IEP.

4.4.9 The IEP document shall:

a) be signed by the classroom teacher, principal, parent / guardian and student (where appropriate)

b) be reviewed, updated and written by the first reporting period of the school year and once each semester in Grade 9 – Grade 12

c) document the formal review of the students’ progress, at the schools’ regular reporting periods.

4.4.10 In the development and implementation of IEPs, schools will use the divisional IEP templates, which comply with the ME document ‘Student-Specific Planning: A handbook for developing and implementing individual education plans’ and are found in the GVSD Resource Handbook.

4.5 Dispute Resolution at the School Level

4.5.1 If a parent or guardian has a disagreement over a decision that significantly affects a student’s education, such as a dispute about the educational programming and / or placement of a student with an Individual Education Plan (IEP), he or she is required to participate in an informal resolution process at the school level in an attempt to resolve the dispute before appealing to the Superintendent.

4.5.2 The principal shall inform the parent / guardian of this requirement.

4.5.3 The parent shall inform the principal in person, by telephone, or in writing that he or she has a dispute regarding the educational programming or student placement and is prepared to participate in an informal dispute resolution at the school level.

4.5.4 The principal shall set up a meeting as soon as reasonably possible with appropriate school personnel to meet with parents or guardians and student (where applicable) in an attempt to resolve the dispute.

4.5.5 The school and parents may find the following documents useful in their efforts to resolve the dispute:

a) Appropriate Educational Programming in Manitoba: A Formal Dispute Resolution Process 2006

b) Working Together: A Guide to Positive Problem Solving for Schools, Families and Communities

4.5.6 The principal and / or parent / guardian may request the Student Services Administrator / Assistant Superintendent to assist in mediating the dispute.

4.5.7 The informal dispute resolution must be concluded in a timely fashion.

4.5.8 The principal shall inform the parent / guardian that if he or she is not satisfied with the school level resolution, he or she has a right to make a formal appeal to the Superintendent within fourteen (14) days of the conclusion of the informal dispute resolution process.

4.5.9 The principal shall provide the parent / guardian a copy of the Procedures for Appealing a Decision Regarding a Student’s IEP or Placement to the Superintendent.

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Appropriate Educational Programming - Page 2

4.1.9 For students with exceptional learning needs, a transition to school plan shall be implemented in a timely manner and according to the interdepartmental transition protocols:

a) Guidelines for Early Childhood Transition to School for Children with Special Needs

b) Guidelines for School Registration for Students in Care of Child Welfare Agencies

c) Interdepartmental Protocol Agreement for Children / Adolescents with Severe to Profound Emotional / Behavioural Disorders

d) Manitoba Transition Planning Process Support Guidelines for Students with Special Needs Reaching Age 16

e) Unified Referral and Intake System (URIS)

4.2 Early Identification Procedures

4.2.1 Schools shall inform parents of the Kindergarten Screening Process.

4.2.2 In the Kindergarten Screening Process, clinicians will identify students requiring a referral for specialized assessment.

4.2.3 To identify students with exceptional learning needs and in accordance with Provincial Guidelines for Early Childhood Transition, the school shall hold meetings with parents prior to students entering Kindergarten. Such meetings shall involve relevant school, divisional and outside agencies personnel.

4.2.4 Information required for planning and implementing a student’s educational programming upon school entry may be gathered, as appropriate, from transition protocols identified in Section 4.1.9 above.

4.2.5 Information shall be gathered from parents / guardians, teachers and, as deemed appropriate, from clinicians, outside agencies, previous schools, and pre-school service providers.

4.2.6 Early identification of learning needs in Kindergarten to Grade 4 may include consideration of the following:

a) general observation and assessment by the classroom teacher

b) Kindergarten screening by a speech-language pathologist

c) results of the Early Development Instrument (EDI)

d) annual vision and hearing screening results

e) results of early literacy programs,

f) results of early numeracy programs

g) results of provincial assessments in literacy and mathematics, such as the annual Grade 3 Assessment.

4.3 Assessment for Specialized Programming Procedures

4.3.1 After implementing differentiated instruction and adaptations, the classroom teacher may, in consultation with the resource teacher, identify students who require specialized assessment.

4.3.2 If a student is having difficulty meeting the expected learning outcomes with adaptations and differentiated instruction in place, the teacher shall, through the principal, refer the student to the school resource department for an in-school team assessment.

4.3.3. Documentation by the teacher of implemented differentiated instruction for the class and adaptations for the student shall accompany the request for an in-school assessment.

4.3.4 The principal shall ensure that the student is assessed as soon as reasonably practical.

4.3.5 The principal shall ensure that the parent / guardian of the student is informed of the need for an in-school team assessment.

4.3.6 The in-school assessment by the resource department may include both informal and formal assessments.

4.3.7 After completion of the assessment, the resource teacher, classroom teacher, student (where applicable), parent / guardian and other school personnel / professionals will meet to discuss the results and recommendations. The referral, report and meeting with the parents will take place in a timely manner.

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Appropriate Educational Programming - Page 3

4.3.8 Further adaptations, monitoring of effectiveness, consultation and collaboration will occur and / or a referral for a specialized assessment (speech and language, psychology, physiotherapy, etc.) will be initiated.

4.3.9 The in-school assessment process may include:

a) addressing the teacher’s concerns and observations with parents / guardians at a teacher / resource conference and / or student services meeting;

b) the development, implementation, and monitoring of a plan by the classroom teacher and resource teacher for a specified period of time;

c) the use of assessment results to develop and implement an Individual Education Plan (IEP) by collaboration among the resource teacher, classroom teacher, parent / guardian, student where applicable, and other school personnel as deemed appropriate and the evaluation of implementation of the IEP to determine if IEP goals are being achieved;

d) if the concerns persist after implementation of the IEP, a pre-referral conference to consider the need for specialized assessment may be held with the appropriate clinician;

e) The in-school team may circumvent the above steps when circumstances warrant and, through the principal or designate, make a referral for specialized assessment;

4.3.10 The principal or designate shall coordinate the referral for a specialized assessment to the Student Services Administrator / Assistant Superintendent.

4.3.11 Referrals for a specialized assessment require written consent and information sharing consent from the parent / guardian and the completed consent forms shall accompany the referral to the Student Services Administrator / Assistant Superintendent or clinician.

4.3.12 The in-school team shall prioritize the referrals for specialized assessment.

4.3.13 A referral to the appropriate clinician will be made after the in-school team has pursued the in-school procedure and a pre-referral conference with the clinician has occurred.

4.3.14 A referral will be completed each time a student is referred for an assessment and / or involvement of the clinician.

4.3.15 A referral is complete once the assessment, the report and meeting with the in-school team and parent / guardian has occurred.

4.3.16 New referrals to psychology and speech and language will typically be made before April 30th of each school year.

4.4 Individual Education Plan (IEP)

4.4.1 In providing for students with exceptional learning needs the principal shall:

a) be accountable for the delivery and implementation of educational programming and services for students with exceptional learning needs;

b) designate a case manager and ensure that an Individual Education Plan / Behaviour Intervention Plan is developed and updated with the assistance of parents / guardians, student (where appropriate), teachers, and other professionals for any student who is unable to engage in the regular curriculum or has student specific learning needs;

c) ensure that parents are informed of student progress at the regularly scheduled reporting periods throughout the year or more frequently if programming changes are deemed appropriate;

d) ensure that the IEP

 is prepared and updated
 takes into account student behavioural and health-care needs (if any)
 is consistent with provincial protocols respecting student transition to and from school
 is updated annually or sooner if required by a change in the behaviour or needs of the student
 is reported on to parent / guardians at least twice a year and / or at least once a semester. These may coincide with regular reporting periods.

4.4.2 In keeping with the policy of the Garden Valley School Division regarding student placement, Individual Education Plans (IEP) shall be written when:

a) the student has exceptional learning needs requiring student specific outcomes that are additions to, are different from, or exceed the curricular outcomes;

b) a student receives Special Needs Funding Level II or Level III

c) a student is determined to be eligible for the English as an Additional Language (E) designation, the Modified (M) course designation, or the Individualized Programming (I) designation in Grade 9 to Grade 12

d) the student requires significant adaptations due to physical disabilities or behaviour difficulties.

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Appropriate Educational Programming

appropriate 180x148Garden Valley School Division is committed to providing all students with appropriate educational programming that supports student participation in both the academic and social life of schools. See the following GVSD policy on Appropriate Educational Programming.

 
APPROPRIATE EDUCATIONAL PROGRAMMING

[Download  pdfIH_Appropriate_Educational_Programming.pdf]


1. Purpose:  To provide appropriate educational programming for all students in Garden Valley School Division.

2. Scope:  The Board of Trustees, employees, students and parents.

3. Policy

3.1 Garden Valley School Division is committed to providing all students with appropriate educational programming that supports student participation in both the academic and social life of schools. To this end the Division embraces the Manitoba Philosophy of Inclusion which states:

Inclusion is a way of thinking and acting that allows every individual to feel accepted, valued and safe. An inclusive community consciously evolves to meet the changing needs of its members. Through recognition and support, an inclusive community provides meaningful involvement and equal access to the benefits of citizenship.

In Manitoba, we embrace inclusion as a means of enhancing the well-being of every member of the community. By working together, we strengthen our capacity to provide the foundation for a richer future for all of us.

3.2 Garden Valley School Division supports the consultative process defined by appropriate educational programming as:

a collaborative school-family-community process where school communities create learning environments and provide resources and services that are responsive to the lifelong learning, social and emotional needs of all students.

Garden Valley School Division, in accordance with The Public Schools Act, The Educational Administration Act and appropriate educational programming regulations, is committed to providing each resident and enrolled student with adequate school accommodation, the provincial curriculum and where unable to access the regular curriculum, an Individualized Education Plan (IEP).

3.3 Garden Valley School Division respects parents as valued partners in education and ensures the ongoing participation and support of parents in the decision making and educational programming of all students.

4. Procedures

4.1 Appropriate Programming Placement Procedures

4.1.1 Garden Valley School Division addresses the diversity of its student population through a continuum of instructional supports extending from placement in the regular class with no need for adaptations to education in highly specialized settings.

4.1.2 The principles of placement with peers in the most enabling environment and program appropriateness are considered in making placement decisions. Therefore, students will normally be placed in their catchment area schools with their age / grade appropriate peers.

4.1.3 Students with exceptional learning needs are those who, due to intellectual, social, physical, and / or psychological factors, require special education adaptations, equipment, and / or programs in order to learn and to maximize their potential. The education of students with exceptional learning needs shall be provided in the most appropriate and enabling learning environment available or possible under the circumstances and within the availability of resources. This shall also include considerations such as assemblies, sports days, and field trips.

4.1.4 Placement decisions for a student shall be made in consultation with the parent / guardian, school team and if necessary division student services and / or ME personnel may also be involved.

4.1.5 If, in consultation with the parent / guardians and school / division team, it is determined that the catchment area school does not have the facilities and programming to accommodate the student’s exceptional learning needs, accommodation shall occur in the school with identified facilities and programs. Placement of students in locations other than the catchment school for their residence shall be reviewed annually or when a student’s needs warrant review. Final placement decisions shall rest with the School Board.

4.1.6 If a student is required to attend a school different from his or her catchment school, the School Board will provide appropriate transportation to the assigned school.

4.1.7 A Personalized Transportation Plan (PTP) shall be developed for students who require transportation due to exceptional needs. The plan shall be in accordance with the ME Policy Guidelines for Transportation of Student with Special Needs.

4.1.8 Educational programming shall occur within 14 days after the student seeks to be enrolled, regardless of whether that school has received the student’s pupil file, specialist reports, individual education plans, and other pertinent information and / or if significant risks to safety which a student may present to himself or herself or to others have been eliminated.

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