23: Special Education

ARTICLE 23 SPECIAL EDUCATION

Section 23.1 - Definition This section is approved to meet requirements of Students with Special Needs. It is the intent of both parties, the District and the Association, to comply with all federal and state regulations and laws. Any provisions of this Article found to be in violation of federal and state regulations will be deemed invalid.

Section 23.2 - Transfer Reassignment The District shall not deny any unit member serving in a special education assignment who has fulfilled all of their credential requirements the right to transfer or be reassigned to a vacant position, for which the unit member is qualified, due to the unit member possessing a special education credential.

Section 23.3 - Individual Education Programs (IEPs)

a. Participation - Unit members who work directly with students on active IEPs shall be provided the opportunity to serve on the IEP team responsible for developing, reviewing, and/or revising such programs.

b. Scheduling - The District shall make every effort to schedule IEP meetings within the unit member's regular duty day.

c. Placement - The placement of a Student with Special Needs in a main streamed, collaborative, or inclusion model, will be made when deemed appropriate by the IEP team.

d. Distribution of IEPs - The District shall make every effort to provide the unit member(s) who has(ve) direct student contact with a copy of the IEP as soon as possible.

Section 23.4 - Evaluation Rights All rights provided in Article 10 - Evaluation, shall pertain to all unit members.

Section 23.5 - RSP Extended Year Year Round Education Special Education Resource Specialists will work 208 days. No unit member will be required to change from the 185-day work year to the 208-day work year. This will be granted on a voluntary basis.

Section 23.6 - Specialized Health Care Procedures Unit members, other than school nurses, shall not be required to perform any medical procedures (such as clean intermittent catheterization, injections, suction, gavages feeding, and drainage) on a student. Unit members may be required to attend training on said procedures in order to be prepared to respond in an emergency situation. Such training shall be during the regular duty day.

Section 23.7 - Professional Development Training for new instructional models shall be provided during the regular duty day.

Section 23.8 - Program Support Unit members who have Students with Special Needs shall have appropriate support as required by law.

a. Instructional Aides - Instructional aides shall be assigned as needed. Special Education and general education teachers shall be consulted as to the scheduling of such aides, but the District shall make the final assignment.

b. Collaborative/Inclusion Support - Unit members teaching general education classes that have a Student with Special Needs enrolled in their class(es) in a Collaborative or Inclusion Model shall have the support of a Special Education teacher, instructional aide, or any other member of the Special Education Support Team whenever possible or as identified on the IEP.

c. Class Size - Students involved in a Collaborative or Inclusion Model will be included in the general education teacher's class size roll.

d. Grading - The District and the Association agree that grading should be a collaborative effort between the special education teacher and the general education teacher for students with special needs who are participating in general education. Grades are based on the criteria established in the IEP. When a student receives instruction in the regular classroom while also receiving support from a special education teacher, the regular classroom teacher will work with that special education teacher to determine the appropriate grade for the student based on ability, achievement, and the differential standards that were applied. The grade will be the result of a collaborative effort of both instructors.

Section 23.9 – Impact of Special Education Population General Education Classrooms The District and the Association support successful placement of special education students in general education classrooms, and recognize the impact on the workload of classroom teachers. The principal shall assign students in such a way to minimize the impact and equalize student load.

Section 23.10 – Collaboration The District and the Association agree that collaboration and planning between general education and special education teachers is essential to effectively meet the needs of students with special needs. It is also understood by both parties that the needs of students with disabilities cannot be met without proper collaboration. Special education teachers shall be provided time to meet collaboration requirements.

Section 23.11 – Classroom Supplies All special education teachers shall have the same access to classroom supplies as the general education classroom teacher. Special education teachers shall also have equal access to curricular materials and technology. Curriculum materials include but are not limited to student textbooks, teacher manuals, and any other supplemental materials provided to general education classroom teachers.