STAND Advocates
STatewide Advocacy Network on Disabilities, Inc.
A big thanks goes to Pinellas County for their quick response to the State Complaint filed by STAND-Pinellas in regards to therapy services, FCAT proctoring, and the hospital homebound services issues!  Below is the memo sent out by Cindy Bania, Director of Exceptional Student Education.
Date:     March 20, 2006

To: Principals
ESE Leadership
Testing Coordinators
Speech and Language Therapists
Occupational and Physical Therapists
ESE Teachers
Student Services Staff

From:   Cindy Bania
Director, Exceptional Student Education

Re: Provision of ESE and therapy services for students with disabilities

We have received technical assistance from the Florida Department of Education (FDOE) this year related to the provision of IEP services. This was a result of a systemic complaint filed with FDOE against Pinellas County Schools by the Statewide Advocacy Network on Disabilities (STAND) related to the initiation of ESE services at the beginning of the school year. A second systemic state complaint was filed in March by STAND related to cancellation of classes during FCAT testing. We want to be certain that principals and school personnel have a clear understanding of the direction we have received.

IEP services must begin during the first week of school. This includes all
therapy and ESE services, e.g. co-teach, support facilitation, consultation,
               and 'pull out' groups. During the first week of school, the services may not                  be identical to the services provided for the duration of the school year, 
              due to rapidly changing schedules during the first few days. ESE teachers,
              therapists, social workers, guidance and psychologists may be providing
              direct instruction, assisting the student in the classroom, consulting with
              classroom teachers, and/or conducting classroom assessments. Direct
              services, as specified on the IEP, must begin within the first ten days of the
              school year.

While ESE teachers with full time classes are provided with substitutes
               when absent, other service providers generally do not have substitutes, 
               unless they will be out for an extended period of time.

oIf service providers will be out for more than one week, the
                         appropriate program office should be notified and a plan determined
                         for the provision of services

oIf an ESE resource teacher will be out for more than one week, the
                        principal should contact the area superintendent for permission to
                        hire a substitute

It is critical that ESE teachers, therapists and/or student services staff who
               do not have substitutes not be requested to do any the following:

oCover classes for classroom teachers who are absent

oTest students not on their caseload on the DIBELS or DAR

oCancel classes, therapy, or counseling for students not participating
                         in state and district assessment during times district and state
                         assessment (e.g. FCAT) is being administered

oBe assigned a greater amount of duty (bus, hall, lunchroom, etc.) than
                       other teachers in the school

It is critical that make up services be scheduled when there is a pattern of
               missed services, e.g. a therapist is out for 3 Fridays in a row and all Friday
               students miss therapy. While students must be provided with lunch and a
               90 minute reading block, other courses, such as electives, may have to be
               interrupted to provide the make up service.

We appreciate that the information is highly directive in nature. The FDOE has indicated the need for our district to continue to implement processes that ensure that students with disabilities are provided the free, appropriate education that their IEP guarantees. If principals need assistance in implementing any of the above, please contact your IDEA team leader. Thank you for your continued support.

Pinellas County School District
PO Box 2942
Largo, FL  33770

Attn:Cindy Bania

RE:State Complaint / Early Resolution


Dear Ms. Bania,

I am writing to express my sincere appreciation for your quick response to the State Complaint filed by STAND-Pinellas in regards to therapy services, FCAT proctoring, and the hospital homebound services issues.

I have received a copy of your memo from FLDOE to all personnel regarding the districts position on services for ESE students.

We will be posting your memo on the STAND website as well as our official thank you for your cooperation in early resolution and prompt dissemination of the information to all concerned staff members.

We will strongly encourage our parents to contact you and your staff if the situation arises again.

Again, thank you for your time and commitment to the Exceptional Education Students in Pinellas County.

Sincerely,

Melissa Tremblay
Chair, STAND-Pinellas

Cc:STAND State Board
Dr. Clayton Wilcox
Pinellas County School Board Members

The letter below is the response from STAND-Pinellas.