FCMAT
Brentwood Union School District Report
special education department and program review
Read the report at Brentwood Union School District ↗
Brentwood Union School District
Special Education Review
January 13, 2015
Joel D. Montero
Chief Executive Officer
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January 13, 2015
Dana Eaton, Superintendent
Brentwood Union School District
255 Guthrie Lane
Brentwood, CA 94513
Dear Superintendent Eaton:
In September 2014, the Brentwood Union School District and the Fiscal Crisis and Management
Assistance Team (FCMAT) entered into an agreement to provide a review of the district’s special
education programs and services. Specifically, the agreement stated that FCMAT would perform the
following:
Parent Involvement and Communication:
1. Analyze parent input regarding the opportunities for parent involvement, district
outreach and parent communication that currently exist and make recommenda-
tions for improvement.
2. Recommend effective communication and problem solving models to build solid
trusting relationships with parents, school staff, the special education department
and the district office.
Program and Services:
3. Analyze current special education program and services and determine if a full
range of services are provided consistent with state and federal guidelines.
4. Compare and analyze the roles, responsibilities and organizational structure of the
district office staff such as the Director of Special Education, Program Specialists,
Behavior Specialists, support staff and the school site administration and make
recommendations for greater efficiencies and effectiveness, if needed.
5. Evaluate the effectiveness of the assignment process for teachers and assistants with
recommendations for improvement, if needed.
6. Provide an analysis of staffing caseloads and ratios for all special education certif-
icated and classified staff positions using the requirements for mandated services
and statewide guidelines.
7. Review policies and practices related to 1-to-1 instructional aides including
identification of need, fading, staffing, classroom support ratios, monitoring and
tracking of resources, and make recommendations to improve efficiency and
effective use of aides.
8. Review the professional development and training provided to all staff
including but not limited to administration, certificated and classified staff at
the district office and school sites and make recommendations, if needed.
Compliance:
9. Recommend a communication system within the district regarding special
education litigation issues and outline the components of an effective resolu-
tion process that may reduce the threat of retaliation and reduce litigation and
complaints.
10. Review compliance of state and federal regulations and the costs of due
process, including settlement costs, parent attorney fees and district attorney
fees and make recommendations for efficient alternatives.
Response to Intervention:
11. Provide feedback regarding the extent to which a Response to Intervention
Model (RtI) is being implemented.
12. Provide an analysis for the identification process of students for special educa-
tion, and assess the identification rates.
Fiscal:
13. Review the ERMHS and LCI revenue and billing and make recommenda-
tions.
14. Examine the costs of nonpublic school placements and the use of nonpublic
agencies and make recommendations for greater efficiency, if needed.
15. Examine the use of Medi-Cal billing and the revenues and make recommen-
dations.
16. Analyze the district’s contribution to the general fund and make recommen-
dations for greater efficiencies.
This final report contains the study team’s findings and recommendations in the above areas of
review. FCMAT appreciates the opportunity to serve the Brentwood Union School District, and
extends thanks to all the staff for their assistance during fieldwork.
Sincerely,
Joel D. Montero
Chief Executive Officer
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TABLE OF CONTENTS
Table of Contents
Foreword .................................................................................................iii
Introduction ............................................................................................1
Background ......................................................................................................1
Study Guidelines ............................................................................................1
Study Team.......................................................................................................2
Executive Summary ..............................................................................3
Findings and Recommendations .....................................................5
Parent Involvement and Communication ............................................5
Program and Services ...................................................................................9
Compliance ....................................................................................................29
Response to Intervention ..........................................................................33
Fiscal .................................................................................................................37
Appendices ............................................................................................43
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ABOUT FCMAT
About FCMAT
FCMAT’s primary mission is to assist California’s local K-14 educational agencies to identify,
prevent, and resolve financial and data management challenges. FCMAT provides fiscal and
data management assistance, professional development training, product development and other
related school business and data services. FCMAT’s fiscal and management assistance services
are used not just to help avert fiscal crisis, but to promote sound financial practices and efficient
operations. FCMAT’s data management services are used to help local educational agencies
(LEAs) meet state reporting responsibilities, improve data quality, and share information.
FCMAT may be requested to provide fiscal crisis or management assistance by a school district,
charter school, community college, county office of education, the state Superintendent of Public
Instruction, or the Legislature.
When a request or assignment is received, FCMAT assembles a study team that works closely
with the local education agency to define the scope of work, conduct on-site fieldwork and
provide a written report with findings and recommendations to help resolve issues, overcome
challenges and plan for the future.
Studies by Fiscal Year
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70
60
50
40
30
20
10
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92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12
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FCMAT also develops and provides numerous publications, software tools, workshops and
professional development opportunities to help local educational agencies operate more effec-
tively and fulfill their fiscal oversight and data management responsibilities. The California
School Information Services (CSIS) arm of FCMAT assists the California Department of
Education with the implementation of the California Longitudinal Pupil Achievement Data
System (CALPADS) and also maintains DataGate, the FCMAT/CSIS software LEAs use for
CSIS services. FCMAT was created by Assembly Bill 1200 in 1992 to assist LEAs to meet and
sustain their financial obligations. Assembly Bill 107 in 1997 charged FCMAT with responsi-
bility for CSIS and its statewide data management work. Assembly Bill 1115 in 1999 codified
CSIS’ mission.
AB 1200 is also a statewide plan for county offices of education and school districts to work
together locally to improve fiscal procedures and accountability standards. Assembly Bill 2756
(2004) provides specific responsibilities to FCMAT with regard to districts that have received
emergency state loans.
In January 2006, SB 430 (charter schools) and AB 1366 (community colleges) became law and
expanded FCMAT’s services to those types of LEAs.
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ABOUT FCMAT
Since 1992, FCMAT has been engaged to perform more than 1,000 reviews for LEAs, including
school districts, county offices of education, charter schools and community colleges. The Kern
County Superintendent of Schools is the administrative agent for FCMAT. The team is led by
Joel D. Montero, Chief Executive Officer, with funding derived through appropriations in the
state budget and a modest fee schedule for charges to requesting agencies.
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INTRODUCTION
Introduction
Background
The Brentwood Union School District is a member of the Contra Costa Special Education Local
Plan Area (SELPA) and serves students in preschool through 8th grade. Students are then served
by Liberty High School from 9th-12th grade. The district has 11 school sites, eight elementary
and three middle schools, with the preschool located on one of the elementary school sites.
Brentwood has been experiencing population growth, with increasing student enrollment annu-
ally, and the district opened a new school in June 2013. Current district enrollment is 8,562,
with 1,159 students served under an individualized education program.
In September 2014 the district requested FCMAT to review its special education programs and
services.
Study and Report Guidelines
FCMAT visited the district in September and November 2014 to conduct interviews, collect data
and review documents. FCMAT also conducted parent and staff surveys. This report is the result
of those activities and is divided into the following sections:
• Executive Summary
• Parent Involvement and Communication
• Program and Services
• Compliance
• Response to Intervention
• Fiscal
• Appendices
In writing its reports, FCMAT uses the Associated Press Stylebook, a comprehensive guide to
usage and accepted style that emphasizes conciseness and clarity. In addition, this guide empha-
sizes plain language, discourages the use of jargon and capitalizes relatively few terms.
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INTRODUCTION
Study Team
The study team was composed of the following members:
William P. Gillaspie, Ed.D. Jackie Kirk-Martinez, Ed.D.
Deputy Administrative Officer FCMAT Consultant
Sacramento, CA Pismo Beach, CA
Keith Butler, Ph.D.* Don Dennison
Assistant Superintendent FCMAT Consultant
Coronado Unified School District Grover Beach, CA
Coronado, CA
Mariam Galvarin, Ed.D. Laura Haywood
FCMAT Consultant FCMAT Technical Writer
San Mateo, CA Bakersfield, CA
*As a member of this study team, this consultant was not representing his employer but was
working solely as an independent contractor for FCMAT. Each team member reviewed the draft
report to confirm accuracy and achieve consensus on the final recommendations.
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EXECUTIVE SUMMARY
Executive Summary
FCMAT was requested by the Brentwood Union School District to study the district’s special
education programs in five major areas: parent involvement and communication, program and
services, compliance, response to intervention and fiscal. Parents and community members
participated and provided input throughout the process. Staff members were open to finding
ways to improve the overall functions and service delivery to special education students.
The broad scope of this study gave FCMAT the opportunity to provide in-depth analysis of all
essential aspects of the special education program operation as a unit and department. There is a
conflict of leadership roles and responsibilities between the special education program staff and
the school principals. Both staff and parents expressed frustration over the confusion regarding
who is in charge of special education program decisions and the inconsistent messages that occur
as a result.
The special education program lacks effective leadership and has been subject to much litigation.
The lack of leadership has led to inconsistency, disorganization, confusion over policies and proce-
dures and a lack of direction to school sites. There has been high employee turnover in certificated
and classified instructional staffing as well as designated related services providers. Both parents
and staff expressed frustration and a lack of confidence in the special education department, which
was confirmed by a finding of low staff morale.
Parents and staff expressed concerns over poor communication among parents, schools and the
district. In the absence of an informal process to resolve special education issues, the district
continues to experience an increase in formal complaints and requests for due process hearings.
This level of intervention is costly for the district and parents.
The district may want to consider the use of an independent consultant for at least one year to
support orderly change, mediate conflicts, track problem areas and provide a neutral third party
to operate with absolute confidentiality.
Parents report that in general, students’ individualized education programs (IEPs) are well
developed. However, program services and supports outlined in the IEP are not delivered in a
timely manner. Hiring delays for instructional assistants have left many students without support
services from several weeks up to a few months.
FCMAT analyzed the organizational structure of the special education department and made
recommendations to ensure effective clerical, program and administrative support.
FCMAT confirmed that the special education department has not provided leadership to allocate
special education resources and has not used its leadership authorization and responsibility
to establish accountability to ensure the provision of special education and related services to
students. There is no systematic method to assign assistants for each school year or to ensure that
an aide who is assigned to one student (a 1-to-1 aide) follows the student to support the transition
between grade levels. Once hired, assistants often remain at the school site in other positions or
assigned in various locations with inconsistent hours. Instructional assistants are hired for a minimum
of 15 minutes and a maximum of six hours to a site or placement. Reorganization of the special
education department by position and reporting structure would help strengthen central control
and fiscal oversight of its budget and resources.
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EXECUTIVE SUMMARY
The district offers a continuum of special education programs and services; however, it does not
meet the mandates of least restrictive environment. Transitions are not efficiently, consistently or
effectively completed. Several students are served by a nonpublic agency.
The special education department does not use a clearly defined staffing formula. The district was
unable to provide consistent data. FCMAT has made recommendations regarding staffing reduc-
tions and increases to balance the staffing structure of the department.
The identification rate for disabled students is 13.5%, as compared to 11% in the state. The
philosophy behind Response to Intervention (RtI) models is that the effective use of RtI should
decrease the need for special education services. Since the identification rate is higher in
Brentwood than the state, the district should evaluate the effectiveness of its RtI program.
The effectiveness of special education programs can be measured by the degree to which programs
and services are consistently delivered as outlined in the IEP. Delays in the hiring process
combined with systemic administrative problems in the special education department have
impeded the district’s overall effectiveness in this area. This can create compliance problems for
the district if not addressed. The second measure is the degree to which staff is trained to support
the unique needs of special education students. Both parents and staff report the need for more
training at many levels, including site principals, parents, instructional assistants and teachers.
The use of 1-to-1 instructional assistants in special education has increased in districts across the
state. This can significantly affect limited resources for any district. Written criteria and proce-
dures for the use of 1-to-1 instructional aides help IEP teams to determine the needs of students
and assist districts in managing resources. The SELPA has a procedural manual that describes the
process for 1-to-1 aides. The district recently drafted additional procedures for establishing the
need for 1-to-1 assistants. A number of findings indicate that the transfer and hiring process for
instructional assistants needs to be reviewed. Greater efficiency could be achieved, which would
result in a more consistent and timely response to student needs for coverage and support.
Fiscal data regarding revenues and expenditures related to mental health funding, also known as
Educationally Related Mental Health Services (ERMHS) (SACS resource codes 3327 and 6512),
were reviewed. No anomalies were noted. The district receives no Licensed Children’s Institute
(LCI) revenue, as there are no facilities within district boundaries.
Students with special needs require a variety of services provided by various service providers. To
determine personnel needs annually, a document with required level of services is necessary. The
special education department was not able to provide a list of required special education services
by student. This type of list should be used to determine total positions and materials necessary to
meet students’ needs, and to adequately inform the special education budgeting process.
There is no documentation, based on the previously mentioned lack of a list of all required special
education resources, to justify hiring decisions or budget adjustments. There is no evidence that
staffing ratios are consistently applied to all special education positions.
Because there is no list of required positions from the department, utilization of a position
control system that involves coordinated review and approval by the special education, human
resources and business services departments is not currently possible.
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PARENT INVOLVEMENT AND COMMUNICATION
Findings and Recommendations
Parent Involvement and Communication
Children who are identified with special needs require a high level of participation and commu-
nication between home and school. FCMAT found through parent interviews, meetings and
surveys that an active and engaged segment of the Brentwood parent and community population
lack confidence and trust in the district, resulting in due process actions, complaints, and a high
level of frustration.
A survey was provided by mail to every parent of a disabled student. The survey was conducted
both in English and Spanish. The district reports a total enrollment of 8,562 in its 2014-15
CBEDS report. The 2014-15 total special education student population is reported as 1,159. The
district mailed 1,198 surveys to parents of disabled students including those in district programs,
those enrolled in Contra Costa County Office of Education programs and those enrolled in
nonpublic schools. A total of 141 surveys were received from parents for a total survey response
of 11.7%. There were 125 surveys completed in English and 16 surveys completed in Spanish.
The returned surveys were transferred directly to FCMAT without district review. The parent
survey was not intended to be a statistical instrument. It was designed to evaluate district services
and obtain key information from parents whose children attend special education programs on
their degree of understanding of the special education delivery process. A copy of the parent
survey is included as Appendix A to this report.
In addition to the survey, FCMAT facilitated two parent and community meetings in a commu-
nity location outside the school district. District administration purposely did not participate
in either meeting. A total of 32 participants attended; some attended both meetings. FCMAT
summarized the input from participants and considered it in the findings and recommendations
of the report. The team also conducted an interview meeting attended by representatives and
participants of various parent groups.
The responses from parents and community members in the two meetings included many
concerns about the district’s operation of special education and were significantly more critical
than the responses in the parent survey. A representative sample of parent concerns focused on
following themes:
• A lack of timely responses to parents
• A lack of cultural empathy and respect for parents
• A lack of consistency among district schools in special education instruction and
intervention
• Confusion over the makeup of and participation in various parent support or advisory
groups operating in the district
• A lack of faith or trust in the administrative leadership of the district’s special education
services
Specific comments from those meetings included concern that parents of disabled students do
not trust that they receive accurate information on how their children are doing in school. They
feel it is necessary to observe their children in the classroom, but feel they do not have equal
access to parent observations in school as do other parents. Parents commented that communica-
tion from the district is poor and inconsistent. They feel they must hire attorneys to be taken seri-
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ously by the district. Parents stated that the district needs training in empathy and understanding
the parents of disabled students. Parents feel the staff do not understand cultural differences and
do not communicate with parents of other cultures as effectively as they do with those who speak
the English language. They feel teachers should be empowered to have relationships with parents
and to have confidence in their own competence. Parents expressed a need to change the culture
of the district and to reduce the use of attorneys on both sides of disputes. Parents felt an imple-
mentation plan should be created for this transitional change and should involve a third party
consultant or independent agency.
The results reported above show some discrepancy between the results of the parent surveys and
the results of the direct input sessions with parents and community members on the quality
and satisfaction with special education services and operation in the district. Clearly a higher
percentage of completed surveys reflect satisfaction with many aspects of special education service
delivery. The opposite was true for the clear majority of parents who attended the two open
meetings.
In 1975, Congress passed Public Law 94-142, which guarantees a free appropriate public educa-
tion (FAPE) to all disabled children. PL94-142 and the subsequent revisions of the Individuals
with Disabilities Education Act (IDEA) are based on the fact that assessments as to whether
a child is receiving a free appropriate public education (FAPE) are entirely individual. When
parents and their advocates have concerns regarding the provision of FAPE to their children
at a level that rises to ongoing litigation, it makes no difference that they may represent a
minority of the parents whose children are receiving special education services. A district in these
circumstances must choose whether to engage in the individual defense of each case of FAPE or
simultaneously commit sufficient resources to identify the causes of the parent issues and invest
in systemic solutions that will result in an overall improvement of the provision of FAPE to all
disabled students.
In interviews with staff from the district office level from principals to teachers and instructional
assistants there is a consistent report that the working climate in the district is one of unrelenting
scrutiny from parents and the community. Staff feel they operate only in a reactive climate and
are always on the defensive. They also feel an absence of leadership in terms of what to do and
how to respond in the wake of this pressure. Both administrative and teaching staff feel there are
few or no guidelines for parents regarding classroom visits. They feel that both administrative
work time and teaching instructional time are lost to the high rate of lengthy visits. They also
report a loss of instructional and preparation time due to unusually lengthy IEP team meetings.
The staff survey reflects that 89.07% of the special education staff feel there are increased parent
demands and expectations over the last two to three years. 63.46% of the special education staff
feel parent involvement is lacking. 62.41% of the special education teachers and staff believe the
community does not value them. 60.94% of the special education staff do not feel consulted or
listened to regarding decisions made about individual students’ education and special education
overall; 85.94 % feel there is a lack of clear communication of expectations by district adminis-
tration; and 90.62% feel there is a lack of time for planning and collaboration.
In both surveys and interviews, parents and community members comment that their concerns
are not addressed in a timely fashion, if at all. They feel there is little consistency in services,
processes and procedures between the schools their children attend and that official answers from
the district vary. Parents and community members express concern that the district provides
minimal proactive parent training. Parents stated they feel they must provide such information
and training for themselves. The survey results indicate that over 78% of parents feel no parent
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PARENT INVOLVEMENT AND COMMUNICATION
training opportunities are made available or they don’t know if they are available. Over 70% of
parents feel the district does not provide or they are unaware of opportunities for parents to meet
in support groups to share ideas and strategies. In interviews, parents and community members
state they feel there is little instruction occurring so they must frequently visit the schools to
observe and determine whether their child is receiving instruction.
During parent interviews at least three different parent groups were identified that are organized
to support students with special needs. The discussion with parents about these groups reflected
confusion regarding their official status with the district, which parents belong to or attend
which groups, whether parents are selected or appointed for some groups, the basic purpose of
each group and who holds operational responsibilities for each group. In follow-up interviews
with various professional staff both within and outside the district, similar levels of confusion
regarding parent groups were apparent.
Recommendations
The district should:
1. Initiate a comprehensive plan to improve relationships with parents and
strengthen the delivery and operation of special education services at the most
basic levels of IEP development and implementation.
2. Provide prompt and consistent communication and responses to parent ques-
tions and concerns. Increase clerical support in the special education depart-
ment to assist with timely responses. Frequently update parents on trends,
information and issues in special education through emails, parent meetings
and trainings.
3. Provide staff professional development that demonstrates how to engage and
communicate with parents and value cultural diversity.
4. Consolidate existing district-sanctioned groups into one clearly defined group
that meets consistently to address changes, trends and issues in special educa-
tion.
5. Clarify and establish procedures regarding an identified certificated case
manager for each special education student. Have the case manager serve as
the starting point of communication for each parent regarding questions and
concerns for their child.
6. Establish a formalized process for appointment to the Contra Costa Special
Education Local Plan Area Community Advisory Committee as required
under California Education Code Part 30, Section 56190-56195. Also see
Contra Costa SELPA procedures for the Community Advisory Committee in
Appendix B to this report.
7. Per the SELPA guidelines and via the district’s governing board, formally
appoint parent(s) to the Contra Costa Special Education Local Plan Area
Community Advisory Committee. Require the appointed representative(s) to
report back to the governing board after each SELPA CAC meeting.
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PARENT INVOLVEMENT AND COMMUNICATION
8. Develop procedures for response and communication with staff, including
principals, that are implemented with clear and firm direction from special
education administration.
9. Develop clear guidelines for parent observation. See CSBA Sample
Administrative Regulation: Students AR 5020(a), Parent Rights and
Responsibilities (Appendix C). Ensure consistent application of guidelines
across the district. Communicate and foster inclusion of parents in their child’s
education and openness to parent visitation within established guidelines per
Education Code 51100 and 51102.
10. Consider utilizing a transition facilitator in special education for at least
one year to mediate conflicts, track problem areas and recommend changes
to policies or procedures. Ensure that the transition facilitator functions
independently of the special education department and school sites, reporting
directly to the superintendent and school board without serving any other
role in the organization.
11. Establish a district-sponsored advisory committee coordinated by the director
of special education using guidelines approved by the governing board.
Consider having the committee provide a quarterly report and an annual
executive summary to the board as deemed necessary by the superintendent.
Allow committee representatives to speak periodically at board meetings to
review and discuss concerns parents have regarding service delivery. Ensure
that the committee has a balanced representation of the range of disabilities,
age/grades of students, and ethnicities. Ensure that the committee covers a
wide range of topics including: curriculum development, fiscal planning,
parent concerns, due process, parents’ legal rights, the role of the school
principal in special education, the role of the parent in the IEP process and
general parent training. Request the committee to do a follow-up parent
survey and assessment to determine parent training needs.
12. Host social events and multicultural celebrations. Have parents who represent
the culture come to the classroom and share its importance with students.
13. Revise the special education section of the district’s website to ensure it offers
meaningful communication and outreach to Spanish-speaking families.
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PROGRAM AND SERVICES
Program and Services
The Individuals with Disabilities Education Act (IDEA) is a federal law ensuring services
to disabled children throughout the nation. IDEA governs how states and public agencies
provide early interventions, special education and related services to all eligible infants, toddlers
(preschoolers), children, and youth with disabilities up to age 22. Further, each state must ensure
that a free appropriate public education (FAPE) is available to any individual disabled child who
needs special education and related services even though the child has not failed or been retained
in a course or grade and is advancing from grade level to grade level (34 CFR 300.101(c)).
A review of data and staff interviews indicate the district provides special education services to
students from preschool age through 8th grade. In California, a child receiving services under
Part C and eligible for services under Part B must have an IEP created and in place by the time
the child turns 3 years old.
Preschool Program
Staff reported the district does not have regular meetings with the regional center (the agency
that provides early intervention services) regarding transition from Part C to Part B of the IDEA.
An effective and smooth transition is an essential part of the IDEA. The California Department
of Education published the Handbook on Transition from Early Childhood Special Education
Program in 2005 as a resource for the special education preschool transition from Part C to Part
B and sections of Part B relevant to the preschool transition process and procedures. This hand-
book can be found at http://www.cde.ca.gov/sp/se/fp/documents/ectransitn.pdf.
Recommendations
The district should:
1. Review the preschool program and meet regularly with the regional center to
learn about students who are transitioning to Part B.
2. Review and establish a process for students who are transitioning from Part C
to Part B.
3. Provide a clear transition process and procedure policy.
Kindergarten-8th Grade Programs
State and federal laws mandate that students have the opportunity to be educated in a general
education setting with their nondisabled peers, also known as the least restrictive environment
(LRE), to the greatest extent possible. Compliance with this mandate is measured by the
percentage of time a student is removed from the general education classroom and placed in a
special education setting.
The U.S. Department of Education, Office of Special Education Programs has provided the
California Department of Education (CDE) Special Education Division guidance and instruc-
tions on developing calculations to measure progress toward meeting the LRE provision of
IDEA. Targets and corresponding benchmarks have been established in the State Performance
Plan for IDEA 2004. There are three measures:
A. In a regular class 80% or more of the day
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PROGRAM AND SERVICES
B. In a regular class less than 40% of the day
C. In separate schools, residential facilities, or homebound/hospital placement
The table below from the CDE indicates that the district has not met the LRE goals. Students
with special needs spend more time in specialized classrooms than in general education class-
rooms.
2012-13 District Level Special Education Annual Performance Report
Measure for Brentwood Union Elementary School District
Total no. of students
No. of students in Percent of students in environment Target this
Measure receiving special education Target met
the environment receiving special year
(age 6-22)
education
A. >80% 616 64.6% >76% No
B. <40% 165 17.3% <9% No
953
C. Separate
14 1.5% <3.8% Yes
Schools
Source: December 2012 CASEMIS submission items - district of accountability, age, and a compiled data field consisting of
unduplicated federal school setting and percent in regular class. Retrieved from www.cde.gov, October 2014.
NOTE: Separate schools includes students in separate schools, residential facilities and homebound/hospital. It does not
include students in correctional facilities or those that are parentally placed in private school.
The district provides a range of services to disabled students in kindergarten through 8th grade
that include designated instructional services and general education; resource program/instruc-
tional support provider (ISP) and general education via push-in or pull-out model; special day
class with mainstreaming opportunities, life skills or emotional disturbances (counseling educa-
tion classroom); autism; full-inclusion program; and recently a model learning center classroom
for kindergarteners providing 50% of the time in general education kindergarten class and 50%
in special day class. This new class is piloted at one school site for the 2014-15 school year. The
special education director would like to expand the learning center model to other school sites for
the 2015-16 school year. The determination of which sites and grades has not been made at this
time. Meeting CDE targets A and B has been challenging, as many students spend more time in
specialized instruction than the state target percentages.
Staff reported inconsistency in the implementation of programs districtwide. The site administra-
tors recommend the programs and materials, resulting in variation from one school to another.
However, the intervention program is implemented differently at each site. Further, staff reported
inconsistency due to high turnover of staff.
The high staff turnover and inconsistent implementation of programs have led to the lack of
a districtwide process for articulation from elementary to middle school and middle school to
high school. 76.57% of the staff who participated in the staff morale survey reported they have
no control over everyday decisions regarding programs and services. Teachers are not allocated
time to meet with stakeholders/IEP team members to discuss programs from elementary level to
middle school and middle school to high school.
Programs developed at each site have not been reviewed to ensure their effectiveness and effi-
ciency. The inconsistent implementation of programs among sites results in multiple IEP team
meetings when a student is recommended for a program. As members of the IEP team, parents
express concerns over the lack of opportunities to visit available programs their children may
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PROGRAM AND SERVICES
attend. The district does not provide information regarding the available programs and has no
articulation process.
The IEP team may recommend a student with special needs be placed in an appropriate county
program or a nonpublic school as an option when considering the continuum of program
options.
Recommendations
The district should:
1. Continue continuum of program options to meet the needs of students with
special needs.
2. Provide clear program criteria for least restrictive environment.
3. Provide a clear articulation process for parents and staff when preparing for
transition from one school to another, especially from elementary to middle
school and middle school to high school.
4. Provide planned opportunities for parents to visit proposed programs to make
informed decisions.
5. Collaborate with the high school district for a seamless articulation.
6. Establish criteria for program monitoring, determining program effectiveness,
and accountability.
7. Provide ongoing training to staff and parents regarding research-based
programs and approaches to teaching and learning.
8. Allow time for teachers to collaborate.
Organizational Structure and Staffing
In reviewing the roles, responsibilities and organizational structure of the special education
department, FCMAT focused on ways to ensure consistent accountability and oversight to
restore public and staff confidence. Brentwood has fewer supervisors in the special education
department than most comparable districts. The average number of supervisors (directors,
coordinators, program specialists, other supervisors) in comparable districts is 3.7. This does
not include access to additional program specialist or supervisory support provided through
the SELPA. Brentwood has 3.0 supervisors in special education. This number includes the two
program specialists who function primarily as administrators and who are limited in their ability
to provide the same type of service as typical program specialists (see Education Code Section
56368).
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District Staff Special Ed Enrollment General Ed Enrollment
Brentwood 3.0* 1159 8562
Sylvan 4.0 1179 8450
Hueneme 2.0 908 8442
Davis 2.0 813 8599
Novato 7.0 879 5766
Dublin 4.0 675 9193
San Leandro 4.0 1171 8673
Average 3.83
*This number not included in the average.
In the two public input sessions with parents and community members the need was expressed
for large-scale organizational change in the special education department, including in several
key leadership positions. Attendees further noted a need for positive action and follow-through
starting at the top of the district/department. Staff made many comments during interviews
regarding inconsistent direction and follow-through from the special education department.
Comments of this nature also came from other district departments, principals and special
education service providers. 65.62% of the special education staff who completed the staff
morale survey reported frequent changes in the special education leadership. Specifically, the
staff reported a lack of expertise and leadership from the special education director and program
specialists. Also, 54.69% of the special education staff felt there was a lack of support from the
district office. Through the survey staff reported a lack of procedures and processes. Staff indi-
cated their perception that there are no special education strategic plans for short- or long-term
change.
Recommendations
The district should:
1. Establish the parameters of authority for special education leadership, with
the superintendent’s support and communication of the parameters to all
departments and school site administrators.
2. Establish regular meetings of the director, program specialists and psycholo-
gists to specifically address operation issues and solutions. Include principals
in implementing these solutions.
3. Streamline the decision-making process for special education to include the
necessary interdepartmental communication between personnel, finance,
curriculum, and school site principals.
4. Define the roles and responsibilities of principals and district special
education administration including school psychologists. Develop a plan to
effectively communicate those roles and responsibilities to the school site staff
and parents.
5. Evaluate the need for additional department administrative staff.
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6. Examine the program specialist role and job description to determine if new
administrative job descriptions are needed or if changes should be made in
title and role. See Education Code Section 56368 for guidance.
7. Create a supervision plan for special education. During its implementation,
have the director report directly to the superintendent.
8. Schedule regular reports to the governing board by the superintendent on the
progress on the action plan for special education.
9. Establish operating guidelines that require all calls and e-mail questions and
requests to be responded to within 24 hours. If an answer is not immediately
available, make contact to let the person know when they will receive a
response.
Teacher and Instructional Assistant Assignments
The district reports it has a position control system that is coordinated and reviewed by the
human resources, business, and special education departments. However, document review
revealed inconsistent evidence of staffing reports and full time equivalencies. See further informa-
tion in the Fiscal section of this report.
The special education department has no written or formal process for assigning teachers, related
service providers or assistants. There is no clear staffing formula or process with which to build a
staffing plan for all services and programs.
The special education teachers teach various types of programs. They teach preschool with an
early childhood education specialist credential. There are special day class teachers as well as
instructional support program (ISP) teachers, also known in other districts as resource specialists
(RSP). Special education teachers are unaware of the assignment process. Because Education
Code limits class size to 28 per 1.0 FTE under resource specialists, the district must determine
whether it runs ISP or RSP programs. If the district runs RSP programs, it cannot allow case-
loads over 28. However, if it formally operates ISP programs, then the caseloads are left up to the
district.
The ISP teachers do not understand why they are not RSP teachers. They are told the cap on
the caseload is the same. According to the district average, the ISP teachers are within the 1:28
required RSP caseload, although caseloads among the ISP teachers vary greatly. If the district
wishes to capitalize on the ISP program, it may want to consider a formal change and teachers
may teach more than 28 students for any amount of the school day.
Some ISP teachers also support the district’s RtI and core curriculum classes or a study skills class
for general education students. This should be considered in determining their caseloads, and
these teachers should not be 100% funded by special education.
Staff report that some sites have a wide variety of services while other sites do not and may be
challenged with trying to make a student fit a school program.
District staff reported that the human resources and special education departments begin
discussing hiring needs for the following year beginning in December and January. The special
education director reviews students matriculating into the next grade, trends, potential incoming
students, etc. Toward the end of January the director determines needs for the following school
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PROGRAM AND SERVICES
year as closely as possible. Those projections are taken to the chief business official and then
to Cabinet if additional classes, teachers, assistants, or other service providers are needed. The
district develops a spreadsheet of all staffing and classes in February, which is taken to the board
for approval.
District office staff reported there is an informal caseload practice of assigning one 6.0 hour aide
for every 1 full-time equivalent (FTE) ISP teacher. Staff also reported that the caseload for ISP
teachers is 1 FTE to 28 students. The special education director may assign 1.5 FTE to a school
site if there is a larger grade span. However, district-provided documents and reports from school
site staff do not reflect that reported practice.
District staff reported that instructional assistants are the largest group of employees in the
district, with an increase in the number of hours and assistants being hired over the past two
years. The human resources and special education departments do not utilize consistent hiring
and decision-making practices. Special education assistants are hired from .25 hours per day to
a maximum of 6.0 hours per day. Assistants are hired at the minimum hours possible. They are
assigned either as classroom assistants or the specific times of day requiring assistant support as
indicated in the IEP. For example, if an assistant is needed at the beginning of the school day
until the end of recess time, which is two hours, the assistant is then hired for the two hours. As
few as two or as many as eight assistants can be assigned per day in one program. This creates
inconsistencies, ineffectiveness, and does not allow for clear communication among teachers and
assistants.
District-provided documents and interviews of staff show no consistent processes or procedures
for determining staffing levels and assignments. When candidates for aide positions are initially
interviewed, they are asked a series of general questions that are not specific to 1-to-1 assistants.
When assistants are initially assigned to a site, they start work with only the information that the
special education teacher at the site provides them about their situation. In cases where assistants
are required to help with more involved needs such as the toileting or transferring of a student,
training usually consists of another aide at the site walking the new aide through the process.
Assistants are quickly left on their own.
The district employs a pool of temporary substitute instructional assistants for short-term
duty when a student moves into the district with 1-to-1 support identified on their IEP, when
behaviors of a student are at a level the teacher needs to assess for additional assistance per IEP, or
there is a job opening. Staff reported that the program specialists control the aide placement, yet
principals request the assistants for the schools and students.
Staff reported, but data was not found, that substitutes are provided for classroom instructional
assistants only after the assigned assistant is out for three consecutive days. No personnel are
assigned to track when an assistant is absent and a substitute is needed. When a classroom assis-
tant is absent, teachers are challenged with providing support to the students on their caseloads,
especially if the students are scheduled to be integrated into a general education setting and
supported by the assistant who is absent.
There is one category of instructional assistants; however, the job duties differ greatly. One
instructional assistant may support a classroom of academic subjects, whereas another instruc-
tional assistant may be a 1-to-1 aide for a student with challenging behaviors or with multiple
medical needs. Some staff report there is no process to assign staff according to training, desired
placement, etc. Staff report that some assistants refuse to work in particular programs or with
specific students.
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Staff report that when principals or program specialists complete the paperwork to add staff to
a school site or program, the director of special education does not process the paperwork in a
timely manner or with the correct number of hours. Staff also report that the special education,
business and human resource departments do not follow a process or procedure for adding and
completing paperwork so that all departments are informed. The HR department is unaware if
positions are waiting to be posted or if students are awaiting support providers. Staff reported
that the district has always used the SELPA process to add instructional assistants to programs.
However, there is no evidence that it is used regularly. District staff reported they have developed
a draft addition to the SELPA process. This should include a rubric of needs, data collections,
matrices, goal areas, a fade plan, an independence plan and a determination of how to end the
more restrictive service. The additional aide support should be reviewed every three months for
each child who requires this service. Adding assistants should be the last resort because it can
limit students’ independence and causes an additional district expense . 1-to-1 assistants should
be provided additional professional development, as they often provide much instruction, behav-
ioral programming and specific methodology implementation. They also need to be taught how
to support independence.
Several staff reported a need for districtwide procedures to determine annual staffing needs, mid
year staffing changes, and when and how to increase and decrease both certificated and classified
staffing. The district has no annual process to determine the ongoing need for certificated and
instructional assistants. As students move out of the district or are released from special education,
the district does not reassign the assistants to meet new needs in the special education program.
Assistants remain at the school site in other positions assigned by the principal.
Parents are highly frustrated regarding the district’s inability to staff instructional aide positions
in a timely way and in conformance with IEPs. This has a negative effect on the special education
department and the district’s credibility with parents. At the same time, the staffing assignments
for teachers and assistants do not always match their credentials, skills and training.
Recommendations
The district should:
1. Utilize position control coordinated and reviewed by the human resources,
business, and special education departments.
2. Develop a districtwide procedure to clearly define and determine certificated
staffing needs for all employee groups and departments.
3. Develop a districtwide procedure to clearly define and determine classified
(instructional assistant) staffing needs for all employee groups and departments.
4. Determine the definition of ISP as compared to RSP.
5. Develop clear definitions of class size ratios and caseloads for all special educa-
tion programs and related service providers.
6. Develop procedures to determine how classified employees are placed at
school sites, in programs and number of hours.
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7. Develop procedures to determine the number of instructional assistants in a
class or assigned to a school site.
8. Develop consistent program options among the school sites.
9. Develop consistent hiring practices from completion of the personnel requisi-
tion form through placement of the staff member.
10. Limit the use of temporary instructional assistants as long-term substitutes.
11. Consider whether two levels of instructional assistant positions are necessary
due to the variety of programs, or whether staff providing support to the
intensive needs population should receive a stipend.
12. Thoroughly review, develop, and implement a comprehensive special circum-
stance instructional assistance procedure, and regularly evaluate the needs of
students who require additional supports.
13. Review the needs of students as they transition from elementary to secondary
to ensure that the instructional aide supports follow the student.
14. Recapture resources annually as students move, exit the program, or as needs
change. Utilize those resources to meet the ongoing needs of other disabled
students.
15. Send an annual notice of assignment to assistants and teachers to establish
communications among the department, principals and special education staff.
16. Monitor assignments to ensure that staff are appropriately certified and
trained for the specific assignment for each school year.
17. Develop interdepartmental procedures for personnel, business and special
education to ensure that instructional assistants are assigned to students in a
timely way and in conformance with the IEP.
18. Streamline the hiring process to facilitate ongoing hiring of special education
assistants.
19. Provide substitutes when assistants are absent in key areas, such as 1-to-1
assignments or self-contained SDC moderate/severe classes, or when an aide
is out for an extended time.
20. Hire a specific number of permanent floater assistants that are trained and
available to assist with difficult situations and during the hiring process for a
new 1-to-1 aide to ensure immediate coverage for the student.
21. Eliminate the aide position at a school site when a student with a 1-to-1 aide
leaves the district or no longer needs the aide.
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Caseloads and Ratios
Through a variety of staff interviews, site visitations, written input and a staff morale survey,
FCMAT gathered information to assist the district with its request to analyze necessary staff
support and services. All staffing caseloads reported and ratios are taken from data developed for
the 2014-15 (current) school year. The staff morale survey is Appendix D.
The special education, human resources and business departments provided multiple staffing
charts and lists that were inconsistent among the departments. The review of staffing ratios is
primarily based on the information gathered by the special education department during this
study.
Survey results show that 87.50% of the special education teachers and related service providers
felt there was an increase in workload due to the IEP process and paperwork requirements. When
the district develops a procedure to determine caseloads, workloads may need to be part of that
procedure.
Occupational Therapists
Occupational therapists (OTs) provide service to students in whole class, small group, and 1 to
1. OTs also provide consultation and collaboration to the classroom teachers. School Services
of California (SSC) has provided a guideline for best practices establishing that OT guideline as
1:45-55 ratio OT to student. The district employs 2.6 FTE occupational therapists who carry an
average caseload of 67.7 students each. The district is understaffed by at least .6 FTE.
SSC Guideline for Students
Program No. of FTE Caseload per caseload Average No. of Students
OT 2.6 176 1-to- 45-55 1-to-67.6
Source: School Services of California and district data
Staff reported if they had more time to manage cases, conduct classroom observations, and train
other staff, they would be able to see more progress made with students and move more students
to the consultation model. They also reported because of multiple repeated IEP meetings, they
are required to cancel service sessions. Therefore, students are not making progress and minutes
of service per IEP are not met.
Speech and Language Pathologists
The district employs 1.8 FTE speech and language pathologists for 3- to 5-year-olds in preschool.
They are responsible for reviewing the referrals for all incoming 3-year-olds who may display
speech and language delays. Students are assessed throughout the year as the child turns 3, and
then again as the child matriculates into kindergarten to determine if continued services are
required. Many students of preschool age receive 1-to-1 or small group instruction of two to four
students in a group. The caseload requirement under Education Code is 1:40 maximum. The
district ratio of speech pathologists to students in preschool is 1-to-73.8 students, which exceeds
the Education Code maximum ratio of 1:40 (EC 56363.3) and leaves the district understaffed in
the preschool by 1.5 FTE. The district employs 12 FTE speech language pathologists who serve
as case managers for 641 K through 8th grade students. The district ratio of SLPs to students is
1-to-53.4. This meets the Education Code maximum ratio of 1:55 (EC 56363.3).
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Number of District Total Caseload Ratio (Total FTE District Average Ed. Code Maximum Ratio (FTE to
Provider FTE to Total Student Caseload) Caseload Ratio Student Caseload)
Speech Pathologists
Preschool 1.8 1.8-133 1:73.89 1:40
Speech Language
Pathologist K-8 12 12-641 1:53.42 1:45-55
Psychologists
The district employs 8.2 FTE psychologists charged to special education and serving all district
students, for a ratio of 1-to-1044.1. The following table shows the district school psychologist
staffing ratio compared to the statewide average compiled by the California Association of
School Psychologists (CASP). It shows the district is correctly staffed. This statewide average is
for psychologists who identify and assess students with suspected disabilities. It does not include
psychologists with other duties assigned such as direct service provider for students with mental
health needs.
CASP Data for Students District Caseload
Program No. of FTE Caseload per Caseload Average
Psychologist 8.2 8562 1-to-1469 1-to-1044.1
Source: CASP and district data
School Nurses
The district has 1 FTE districtwide nurse for approximately 8,500 students. District staff inter-
views and data indicate the nurse provides support to students with IEPs, 504s and to the general
population for daily medical needs required for all sites. Because school-age students may have
allergic reactions to foods or may have diabetic needs or seizure activity, schools are contracting or
hiring additional staff with medical experience such as licensed vocational nurses (LVNs) or regis-
tered nurses (RNs) working under the supervision of the districtwide school nurse. Although there
is no mandated requirement, CASP reports the state’s average nurse-to-student ratio as 1-to-2815.
This places the district approximately two positions below the average.
Behavior Specialists
The district’s behavior specialist position is unique in that it does not require a teaching credential
nor a specific degree, license or certification. The duties include but are not limited to data collec-
tions, staff training, monitoring, behavior intervention plan development and fidelity checks, and
other program development. The district’s behavior specialist is assigned to the five autism classes
and has no caseload requirement. Staff reported that program specialists and the psychologists
have provided professional development and intervention plan development for the other special
day classes in lieu of additional behavior specialists. Parents and special education staff report
that the district needs to consider hiring behavior specialists to meet the demands of the growing
population of autism and emotional disturbance.
Recommendations
The district should:
1. Consider hiring .6 FTE occupational therapist.
2. Consider hiring 1.5 FTE speech pathologist for preschool.
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3. Develop procedures and practices for the psychologist duties and determine if
the position is adequately staffed.
4. Consider hiring or contracting with two nurses (school nurse, LVN or RN) to
meet students’ needs.
5. Consider redefining the qualifications and duties of the behavior specialist position.
6. Assess the need for additional behavior specialist support in special day classes.
ISP/Resource Specialists
This district provides an instructional support program (ISP), which is known as a resource
specialist program (RSP) in many districts. Usually districts alter the name of the program and
description of services to maximize efficiency and not require caseload maximums. Staff report
the district has not defined the purpose of the ISP differently from the RSP caseloads and
descriptions. Therefore, data and information used in this report utilize the data and descriptions
aligned with RSP.
The resource specialist position provides specialized academic instruction/intervention to disabled
students in the general education classroom setting and as a pullout program. Education Code
56362 identifies the maximum RSP caseload as one teacher per 28 students. District data indi-
cates that a total of 24 ISP teachers serve 568 students, for an average caseload of one teacher per
23.67 students. The middle schools are only 1.5 students per caseload under the Education Code
maximum, yet the elementary schools are approximately six students per caseload lower than the
Education Code maximum. The district could reduce program staffing by approximately 4 FTE.
This would yield a savings of $293,504 including salary and statutory health/welfare benefits.
Comparison of ISP/RSP Caseloads to Education Code Guidelines (EC 56362)
Education Code
Total Teacher Guideline Ratio (FTE to # of ISP classroom
Grade Span FTE Total Students Total Ratio Student Caseload) assistants
Elementary 15 330 1:22 1:28 14.66
Middle 9 238 1:26.44 1:28 9.17
Total 24 568 1:23.66 1:28 23.83
Source: Education Code and district-provided data
FCMAT analyzed the allocation of instructional assistants in the RSP classrooms and found a
similar pattern of overstaffing. Education Code 56362 (6)(f ) states, “At least 80% of the resource
specialists within a local plan shall be provided with an instructional assistant.” The district tracks
the allocation of instructional assistants using total hours per day of service rather than FTEs.
FCMAT converted the total hours of instructional assistant allocation to FTEs using an average
of six hours per day per instructional assistant, resulting in 23.83 instructional assistant FTE.
Should the district reduce resource specialists according to Education Code, it could reduce the
instructional assistants by four six-hour assistants, saving $119,960.
The special education department lacks clear guidelines for assigning instructional assistants and
lacks a clear procedure to determine the number of hours they work daily. FCMAT found that
their daily assignments varied between .25 and 6.0 hours per day.
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Moderate/Severe SDC Caseloads
The SSC guidelines for moderate to severe K-12 classrooms are one teacher per 8 to 10 students.
The district’s average class size is one teacher per 9.1 students, within the average of the SSC
guidelines for moderate to severe classrooms although at the upper level of districtwide capacity.
FCMAT analyzed the allocation of classroom-based instructional assistants in the moderate to
severe classrooms, which indicated slight understaffing. SSC guidelines indicate two instructional
assistants to each moderate to severe program. 24.7 classroom-based instructional assistants are
assigned to support 13 preschool through middle school moderate to severe programs for an
overall staffing ratio of 1.9 instructional assistants for every program.
Total Teacher SSC Guidelines (FTE to SSC Guideline: 2 assistants/
Grade Span FTE Total Students Total Ratio Student Caseload) no. of classroom assistants
Preschool 3 30 1-to-10 1:8-10 p/session 6/4.2
Life Skills 3 35 1-to-11 1:8-10 6/5
Specific Skills
Class-Autism 4 29 1:7 1:8-10 8/12
Specific Skills
Class –ED 3 25 1:8.3 1:8-10 6/3.5
Total 13 119 1:9 1:8-10 26/24.7
Source: School Services of California
Mild/Moderate SDC Caseloads
The district operates a mild to moderate special day class service delivery option for disabled
students at the elementary and middle school levels. This model provides instruction in self-con-
tained environments with various levels of mainstreaming in general education classrooms. The
Education Code does not indicate maximum caseloads for mild to moderate SDCs; however,
SSC has developed recommended caseload guidelines of one teacher to 12 to 15 students. The
average class size for mild to moderate programs in the district’s elementary and middle schools
is one teacher per 11.28 students. This falls within the slightly low average range of the SSC
guidelines.
FCMAT analyzed the allocation of instructional assistants in the mild to moderate classrooms.
SSC guidelines indicate one instructional assistant to between 12 and 15 students for kinder-
garten through 8th. 13.7 instructional assistants are assigned to support seven elementary and
middle school mild to moderate teachers, which falls significantly above the SSC guidelines. The
district could reduce the classroom instructional assistants by approximately six 6-hour instruc-
tional assistants, for a cost savings of $187,032.
Total Teacher SSC Guidelines (FTE SSC Guideline: 1 aide/
Grade Span FTE Total Students Total Ratio to Student Caseload) # of classroom assistants
Elementary 5 50 1-to-10 1-to-12-15 5/9.8
Middle School 2 29 1-to-14.5 1-to-12-15 2/3.9
Total 7 79 1-to-11.28 1-to-12-15 7/13.7
Source: School Services of California
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Instructional Assistants
The district employs 93.85 instructional assistants using the 6-hour FTE formula, which includes
both classroom instructional assistants and 1-to-1 instructional assistants. The assistants are
non-union members and have one job description. They support students in a general education
setting, SDC, ISP and through 1-to-1 services. Staff reported there is no specific practice to
assign staff to programs or to students. The number of hours assigned also is inconsistent. The
chart below shows the number of positions and the hours as separated by program. An additional
chart provided for the specific special education program explains the number of support service
provided. This chart reflects that there are more 1-to-1 instructional assistant hours than there are
of classroom support personnel by double the number of positions. All data is from the 2014-15
school year.
No. of aide total Avg. 6-hour Avg. assistants
Program No. of teachers No. of students hours positions per class
SDC 20 198 233.8 39.00 1.95
ISP 24 568 143 23.83 .99
1-to-1 Students N/A 69 186.3 31.05 .45
Note: 1-to-1 students are 6.2% of the total special education population.
SSC guidelines for
Brentwood Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 1.5 37 24.7 N/A 9 9 0
SDC K-1 1 5 5 12-15 6 11 6
SDC 3-5 1 13 13 12-15 6 15 6
Total 3.5 55 15.7 N/A 21 35 12
SSC guidelines for
Garin Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 2 35 17.5 N/A 12 12
SDC – LC 1 12 12 12-15 6 12.25 6.75
Total 3 47 15.7 N/A 18 24.25 6.75
SSC guidelines for
Krey Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 2 30 15 N/A 12 12
SDC TK-2 1 7 7 12-15 6 9
SDC 3-5 1 13 13 12-15 6 12.05 23.8
Total 4 50 12.5 N/A 24 33.05 23.8
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SSC guidelines for
Mary Casey Black Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 2 44 22 N/A 12 9.5
SDC - SH 1 10 10 10-12 12 6 34
Total 3 54 18 N/A 24 15.5 34
SSC guidelines for
Marsh Creek Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 2 41 20.5 N/A 12 12.5
SDC – autism 1 8 8 8-10 12 15.5 12.5
SDC – autism 1 7 7 8-10 12 16.5 6
Total 4 56 14 N/A 36 44.5 18.5
SSC guidelines for
Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Pioneer Elementary FTE Caseload average students per class in hours hours hours
ISP 2 35 17.5 N/A 12 12
SSC – autism 1 6 6 8-10 12 1 24
SSC – autism 1 7 7 8-10 12 39.75 6
Total 4 48 12 N/A 36 52.75 30
SSC guidelines for
Ron Nunn Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
Elementary FTE Caseload average students per class in hours hours hours
ISP 1.5 31 20.6 N/A 9 9
SDC – ED K-3 1 4 4 8-10 12 6
SDC – ED 4-5 1 10 10 8-10 12 6 6
Total 3.5 45 12.86 N.A 33 21 6
SSC guidelines for
Adams Middle Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
School FTE Caseload average students per class in hours hours hours
ISP 2.5 88 35.2 N/A 15 16
SDC – SH 1 13 13 10-12 12 12 33.75
SDC – SH 1 12 12 10-12 12 12
Total 4.5 113 25.11 N/A 39 40 33.75
SSC guidelines for
Bristow Middle Site caseload SSC guidelines for assistants per class Aide 1-to-1 aide
School FTE Caseload average students per class in hours hours hours
ISP 3.5 104 29.7 N/A 21 21
SDC – LH 1 14 14 12-15 6 12
Total 4.5 118 26.2 N/A 27 33
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SSC guidelines for
Edna Hills Site caseload SSC guidelines for assistants per class Aide 1-to-1
Middle School FTE Caseload average students per class in hours hours aide hours
ISP 3 91 30.3 N/A 18 18
SDC – LH 1 15 15 12-15 6 11.75 12.5
SDC - ED 1 10 10 8-10 12 9 6
Total 5 116 23.2 N/A 36 38.75 18.5
Loma Vista SSC guidelines for
Elementary and Site caseload SSC guidelines for assistants per class 1-to-1
Preschool FTE Caseload average students per class in hours Aide hours aide hours
ISP 2 32 16 N/A 12 12
SDC - pre 1 12 12 1:5 ratio 9 6 3
SDC – pre 1 10 10 1:5 ratio 6 6
SDC – autism 1 8 8 1:3 ratio 9 15
Total 5 62 12.4 36 39 3
The chart below demonstrates there are approximately eight instructional assistant classroom
positions districtwide, and if all 1-to-1 positions were eliminated, there are 31.05 positions.
Many of the 1-to-1 assistants are required per IEP. Documents provided by the district were
inconsistent regarding IEP-driven requirements and staffing requirements. Staff reports
and documents provided indicated many sites included five to seven instructional assistants
supporting a particular student throughout the day. This practice in the district yields inconsis-
tent service delivery and management of program support and breaks down effective and efficient
communication for staff and parents.
SSC
guidelines hours Total hours over Total FTE (6 hour) over
Totals total District total guidelines guidelines
ISP/SDC 330 376.8 46.8 7.8
1-to-1 N/A 186.3 N/A 31.05
Total 563.1 49.8 38.85
The chart on the next page demonstrates the number of hours instructional assistants are
employed either by position and location or by total number of hours. It was difficult to sepa-
rate the instructional assistant number of positions and number of hours worked due to the
multiple locations to which instructional assistants are assigned. The chart demonstrates that 76
instructional assistants work consistently for a 3-hour duration in one location, while 28 6-hour
instructional assistants work in one position and one location.
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PROGRAM AND SERVICES
80
70
60
50
40
30
20
10
0
0.25 0.5 0.75 1 1.25 1.5 1.75 2 2.25 2.5 2.75 3 3.25 3.5 3.75 4 4.25 4.5 4.75 5 5.25 5.5 5.75 6
Series1 3 10 2 5 0 5 1 6 6 5 2 76 5 5 8 13 4 7 1 4 3 11 1 28
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SAI
FO
REBMUN
INSTRUCTIONAL AIDES AND HOURS
# OF HRS
Series 1 = # OF PARAS
Recommendations
The district should:
1. Standardize a staffing plan for special education that reflects the total FTE
funded by special education revenues, the class sizes and caseload numbers
regardless of the type of program implemented at the sites.
2. Develop a staffing list that reflects the total FTE for all certificated and clas-
sified staff and aligns with the totals in the HR department and the function
codes for special education in the business office, and accurately reflects the
specific site assignments for all special education staff.
3. Develop a plan to monitor the class size, caseload and numbers of instruc-
tional assistants assigned to provide services.
4. Create and implement staffing formulas for all program options and services
that align with the standards of practice, legal and contractual agreements.
5. Consider a reduction of 4 FTE ISP/RSP teachers districtwide for a cost
savings of $293,504.
6. Consider a reduction of six 6-hour assistants assigned to the mild/moderate
SDC for a cost savings of $187,032. Consider developing a clear and uniform
plan for class size ratios and for utilizing classroom instructional assistants in
lieu of 1-to-1 instructional assistants.
7. Consistently place staff in longer assignments with specific students or class-
rooms.
8. Develop districtwide hiring practices for instructional assistants.
25
PROGRAM AND SERVICES
1-to-1 Instructional Assistant Policies/Practices
The district employs 31.05 1-to-1 instructional assistants (calculated at 6-hour FTEs) that cost
approximately $24,145 this fiscal year based on information provided by district staff. These
instructional assistants are distributed across all service delivery options from ISP to moderate to
severe.
Throughout California the number of districts utilizing instructional assistants, 1-to-1, and
special circumstance instructional assistants has greatly increased over the past few years. This
has affected special education budgets and contributions from the unrestricted general fund;
however, the services often aren’t warranted or monitored.
The district had a $292,134 increase in extra hours for special education assistants for 2013-14,
with financial reports that project this will increase for 2014-15.
Assigning 1-to-1 instructional assistants to students without appropriately reducing and discon-
tinuing this service, which is known as fading, creates a sense of dependence that can hinder
a student’s ability to access core curriculum. The district staff report they have drafted policies,
procedures, and guidelines to monitor the use of 1-to-1 services and prevent them from being
unnecessarily provided. This document should be analyzed for fidelity and effectiveness and then
strictly implemented.
Many districts use the term special circumstance instructional assistance instead of the term
1-to-1 assistants to indicate that an assignment is temporary. Fading 1-to-1 services is crucial to
ensuring student progress toward independence.
The district has an informal procedure to request additional instructional assistant support;
however, some staff indicated these procedures are not always followed. An articulated system
for assigning and fading classroom instructional assistants has not been established and imple-
mented.
A lack of clear policies and procedures increases the potential for adversarial IEPs.
When an IEP team determines that a 1-to-1 instructional assistant is appropriate, the IEP team
does not include a fading or exit plan for this service. Because of the previous lack of clear, formal
policies and procedures, teachers are unclear about when they can decline a request. Further,
once this type of assistant is assigned, the special education department has no formal process for
re-evaluating the service to determine if it helps the student meet IEP goals. A sample manual
for information and forms to assist with determination for special circumstance instructional
assistance is included as Appendix E.
Recommendations
The district should:
1. Develop specific procedures to follow when a site or a parent requests an
instructional assistant. This includes forms to be completed prior to the IEP
that include parent input that will provide data to determine if additional
support is needed.
2. Develop procedures to review all assistant assignments every spring for the
following school year based on projected numbers and disabilities at each
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PROGRAM AND SERVICES
school site, program delivery models, and school of attendance for students
with 1-to-1 assistants or with significant health/behavioral difficulties. Make
all assignment changes before the end of the school year.
3. Review all assistant positions once a process for decision-making is developed
so these resources are utilized carefully and effectively.
4. Ensure that all new positions follow the decision-making process.
5. Collect data and develop fade plans for all students with 1-to-1 assistants to
support independence.
6. Reduce the number of assistants assigned to a student and provide consistent
support.
Professional Development and Training
The purpose of professional development is to improve the skills and knowledge of all teachers,
administrators, and specialists involved in providing instruction to all students, including
students with special needs. Available data from the district reveal that since 2012 there have
been professional development sessions for special education staff in autism, assessment, eligi-
bility, applied behavior analysis (ABA), new aide training, Special Education Information System
(SEIS) training, administrative designee, and bullying. In 2013, the bulk of training came from
the Contra Costa SELPA for SEIS training. In 2014, the Summer Institute was held and staff
were paid a stipend to attend two sessions per employee. Staff members were invited to attend as
many of these sessions as they would like on their own time.
A total of 76 certificated and classified general education and special education staff members
attended these training sessions. A legal training session also was offered for administrators
during the Summer Institute. The training session schedule is communicated to parents, staff,
and community via newsletter. However, interviews with parents and community members
indicated that since 2006, the district has not offered training to parents and when training was
offered prior to 2006, it was not well attended. The district has offered professional development
to its special education staff for 2014-15 in ABA, visual supports, preschool refresher, autism
refresher, bullying and students with special needs, reading difficulties, social communication,
and transition to middle school.
Both general and special education teachers were included in other districtwide professional
development for report cards and assessments (Dynamic Indicators of Basic Early Literacy
Skills - DIBELS, benchmarks) through the curriculum and instruction department. The special
education staff at the district office decides what to teach and what professional development
the special education staff may want. District staff indicated they hold regular job-alike meetings
and use the time for training and review of special cases. Historically, job-alike meetings were for
emotional disturbance and autism groups, but now all SDC teachers are included. Every month,
SDC staff and teachers are allocated two hours for team meeting.
82.81% of the staff who participated in the staff morale survey felt there was a reduction in staff
development availability. Specifically, staff requested additional professional development for
SEIS, goal writing, working with autistic students, understanding visual and auditory processing
disabilities, how to handle difficult IEP meetings, and how to effectively communicate with
parents and advocates. Staff also reported they want regular emails or newsletters sent to all
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PROGRAM AND SERVICES
special education certificated staff and site administration to distribute important information to
all.
Staff reported new special education teachers have not been provided with training in case
management, scheduling, writing IEPs, and their roles and responsibilities. Ensuring that staff
receive and apply staff development will lead to greater cost efficiency, effective foundations for
programs, and reduced litigation.
All special education files are kept at pertinent school sites, and the CASEMIS personnel do
not have the hard copy to compare data for accuracy and accountability. The special education
self-review data from the CDE identified several noncompliant procedural errors that require
staff training. The district has no special education task force to review IEP documents to ensure
legal mandates and procedural accuracy are addressed.
Recommendations
The district should:
1. Continue providing ongoing professional development that supports
research-based instruction for all teachers, specialists, and instructional assis-
tants.
2. Provide training to new special education teachers and other certificated staff
that includes a resource binder for case management, information on sched-
uling, writing IEPs, and their roles and responsibilities.
3. Plan regular collaboration time with curriculum and instruction to provide
professional development to all staff regarding special education.
4. Conduct an assessment among all parents to determine needs and interests
regarding training and how to improve communication.
5. Provide training based on the needs assessment and collaborate with the
SELPA for available resources.
6. Continue providing legal training regarding administrative designee, legal
updates, and best practices and materials.
7. Consider providing SELPA-funded special education teacher release time to
increase district participation in staff development.
8. Use the district website and the newsletter to inform all providers and parents
of training opportunities, and include contact information.
9. Establish a task force that includes special education administrators, psychol-
ogists, elementary and middle school general and special education represen-
tatives to review IEP documents for accuracy and accountability.
10. Provide compliance training using previous self-review documents and
requirements.
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COMPLIANCE
Compliance
Communication
As reflected by the results from surveys and interviews with staff, parents and the community,
over a three-year period the district has been engaged in much highly publicized litigation.
The nature of these issues has generated a climate of doubt and mistrust with parents and
the community and even among staff regarding the provision of special education services in
the district. The community continues to initiate new litigation even as this study is being
conducted. A growing number of parents feel they must be represented by legal advocates in their
IEP team meetings to have their concerns adequately addressed. Parents routinely request inde-
pendent educational evaluations at the district’s expense to counter the district’s own evaluations.
Parents openly state that they have to threaten or actually initiate due process proceedings and
litigation to get their concerns adequately addressed by the district administration. Staff expressed
concern over an apparent administrative pattern of acquiescence to most parent requests. An
often-repeated theme through interviews with district administration, line staff and parents is the
ongoing lack of consistent operational procedures in the delivery of special education services.
The absence of such clarity and consistency negatively affects the most basic service delivery.
To proactively resolve parent concerns and complaints, some administrative staff members have
received training in conducting facilitated IEP meetings. However, this resource is not evenly or
consistently used throughout the district. In addition, the Contra Costa SELPA offers its districts
the assistance of individuals trained in facilitated IEP meetings, yet the use of this resource
has declined in recent years. There is little or no application of alternative dispute resolution
(ADR) to address parent concerns prior to due process and litigation. ADR involves training
staff, community members and parents to resolve disputes between the district and a parent that
would otherwise be resolved through due process. ADR does not replace due process, nor does
it prevent either a parent or a district from filing a due process action. The intent is to resolve
the dispute informally while maintaining a working and nonadversarial relationship between the
parties. Advocates and attorneys are not allowed in ADR sessions. Various staff members have
expressed confusion or questioned the role of the district’s special education legal representation
in these matters.
Costs
The most effective steps in reducing the cost of due process cases are to have legally defensible IEP
team meetings and IEPs, and to establish proactive communication with parents. A well imple-
mented, effective communication plan can save the district hundreds of thousands of dollars in
one school year. However, some cases are still likely to require one or more levels of mediation/
resolution.
The district has no formal system to track high-profile cases. A comprehensive database of infor-
mation, correspondence, and the support provided for each potential case could reduce exposure
to costly mediation and/or due process filings.
Education Code 56501(a) states as follows:
The parent or guardian and the public agency involved may initiate the due process
hearing procedures prescribed by this chapter under any of the following circumstances:
(1) There is a proposal to initiate or change the identification, assessment, or educa-
tional placement of the child or the provision of a free appropriate public education to
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COMPLIANCE
the child. (2) There is a refusal to initiate or change the identification, assessment, or
educational placement of the child or the provision of a free appropriate public educa-
tion to the child. (3) The parent or guardian refuses to consent to an assessment of the
child. (4) There is a disagreement between a parent or guardian and a local educational
agency regarding the availability of a program appropriate for the child, including the
question of financial responsibility, as specified in Section 300.148 of Title 34 of the
Code of Federal Regulations.
During the initial determination of whether to consider due process proceedings, the district
should calculate the potential cost. It should also consider the amount it contributes to the
SELPA for support with due process when the SELPA provides alternatives to due process; the
cost of district attorney fees for pursuing and/or defending a due process filing; and the addi-
tional expense of any settlement agreements.
Staff reported because of the past civil suits in special education paired with the lack of special
education administrative expertise, advocates at IEP meetings are requesting outside assessments,
more services, different placements, etc. Staff are not provided district office support to defend
their assessments or support their recommendations. Interviews with staff indicate district office
staff make agreements with parents and advocates before IEP meetings as an attempt to resolve
conflict, rather than working through the IEP process with the team. Site and support staff report
that their opinion and expertise is not considered or valued at IEP meetings.
Site staff, district office staff and SELPA staff indicate that the facilitated IEP process has not been
formally utilized. This process has been proven to support both parents and staff with the develop-
ment of comprehensive and defensible IEPs. The SELPA can provide trained neutral facilitators,
which will allow for collaborative, problem solving, trust building processes.
The district was unable to provide consistent documentation of all legal costs specific to special
education over the past three years. These documents would include specific resource coding for
tracking of all pre-legal and legal costs associated with settlements, district costs and parent costs.
Documents provided did show one settlement in 2012-13 for $9,050 and four settlements in
2013-14 totaling $109,655.83. Due process documents showed total costs of $129,910 for 2012,
2013 and 2014 to date.
Parents and advocates have filed compliance complaints and Office of Civil Rights complaints.
The district provided evidence that in 2013, 65 allegations were filed with 10 findings to correct.
Findings required memorandums and directives to staff, proof of procedures and two compensa-
tory services to a student.
Recommendations
The district should:
1. Conduct meetings with staff prior to an IEP where additional resources may
be discussed so decisions can be made as required at the IEP meeting.
2. Develop a process so that the special education management staff, including
the director, attend IEP team meetings when needed to help resolve complex
issues.
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COMPLIANCE
3. Train staff that regularly attend IEP meetings, including special education
teachers, DIS staff, and site administrators, in methodology for effective IEP
team meetings, such as collaborative and facilitated IEPs.
4. Train IEP administrators and administrator designees in special education
legal requirements so they can effectively chair IEP team meetings.
5. Implement an ADR process and program. See Appendices E and F for infor-
mation on ADR and Solutions Panel.
6. Develop a regular schedule for special education district office staff to meet
that includes time to review questions from sites and parents.
7. Develop, train and consistently implement operational procedures for the
provision of FAPE: assessment; eligibility; identification of strengths and
needs; IEP goal development, implementation, monitoring and revision; and
effective communication on these components of service delivery to all IEP
team members, especially the parents.
8. Develop a system to disseminate consistent information regarding special
education policy and procedures. Utilize a published and regularly updated
procedural handbook, agenda items at job-alike and principals’ meetings, and
staff training for major changes. Set a target goal for year one that builds in
accountability standards for the implementation of this system.
9. Provide professional training for conducting accurate assessments within
specific disciplines. Include legal training for assessors on the required content
of assessment reports. Prepare to defend district assessments and reports when
a request for an independent education evaluation appears unwarranted.
10. Develop a formal system to track high-profile cases from alternative dispute
resolution intervention to due process filings.
11. Maintain a comprehensive database of key information, correspondence, and
student support for each potential case.
12. Establish timelines for proactive communication with families in an effort to
resolve disputes at the lowest level.
13. Formalize communication templates (letters, resolution agreements, and
mediation procedures) to minimize legal expense but ensure integrity of the
system.
14. Utilize the facilitated IEP process as appropriate.
15. Formally train the certificated staff and administration in writing and
conducting legally defensible IEPs and IEP team meetings; conducting,
writing and defending assessments; and ensuring legal timelines are met.
16. Define the role of each IEP team member in avoiding due process and
providing a response if it is initiated.
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RESPONSE TO INTERVENTION
Response to Intervention
District data and staff report there are inconsistent procedures for developing interventions prior
to referral for an evaluation for special education eligibility.
Student success team or student study team (SST) is a schoolwide positive approach to early
identification and intervention. The team members include the student when appropriate,
parents, teachers, and the site administrator. Together, they identify the student’s strengths and
challenges, and develop an improvement plan that documents how to implement interventions
and collect data on the student’s performance. As part of the process, all team members agree
to follow the improvement plan. The team schedules follow-up meetings to provide continuous
research-based strategies and approaches to improve the student’s academic, social and behavioral
experience in school.
Staff reported the exact process for a SST varies from one school site to another. This inconsis-
tency may result in a student being referred for evaluation for special education eligibility at one
site but not at another. The sites utilize the universal screening to identify at-risk students. There
is no districtwide system to collect any SST data and no definitive guidelines for implementing a
successful SST.
RtI is a general education function, not a special education function. Staff reported all site
administrators have received RtI training. However, no districtwide RtI leadership team exists to
guide its implementation, so the site administrators lack specific direction as how RtI should be
utilized or the role of special education in this process. RtI is not implemented at all sites, and its
implementation varies among the schools that practice it. Some sites utilize the push-in model;
others have the special education staff work with at-risk students. Some schools have specific
programs such as core curriculum replacement, and provide reading and mathematics instruction
in small groups utilizing special education staff much like general education teachers. Some
schools are implementing Common Core Standards for RtI. At some sites, the special education
teachers are trained in Read 180 system, Language!, SRA, Read Naturally, Trans Math and Touch
Math, and are expected to implement these materials as core curriculum replacement with all
students who are identified as needing interventions. Staff reported that the special education
teachers do not have access to the state-approved textbooks.
School districts and county offices of education are required to prepare a Local Control and
Accountability Plan (LCAP). The LCAP must address actions to achieve eight State Priorities.
Under the State Priority of Basic Services, sufficiency of instructional materials is addressed,
including the Williams Act requirements such as “the degree to which every pupil…has sufficient
access to the standards-aligned instructional materials as determined pursuant to EC Section
60119.”
Education Code Section 60119(c)(1) states that “sufficient textbooks or instructional materials
means that each pupil, including English learners, has a standards-aligned textbook or instruc-
tional materials, or both, to use in class and to take home. This paragraph does not require two
sets of textbooks or instructional materials for each pupil.” This specifically applies to four subject
areas: reading/language arts, mathematics, science, and history-social science.
It would be extremely difficult for teachers to have adequate materials to address student needs
without sufficient professional development. The district has not provided training in differenti-
ated instruction in the four subject areas to all teachers as a means to meet the needs of a diverse
student population. General education and special education teachers do not meet regularly to
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RESPONSE TO INTERVENTION
discuss interventions and compare data to develop strategies and approaches to meet the diverse
needs of the students, including those with special needs.
The district does not use RtI as part of the decision-making process for special education. The
state has not developed criteria or policies for using RtI to determine eligibility for special
education. Therefore, the traditional discrepancy model is utilized to determine eligibility even at
the sites that utilize RtI. This lack of districtwide RtI model results in an increase in assessments
and the percentage of students identified for special education. In addition, parents and parent
advocacy groups push for special education assessments.
Staff members reported the special education staff selects the materials for core curriculum
replacement, if asked. In the staff morale survey, 81.25% of those who participated in the study
feel there is a lack of resources. Specifically, staff reported that there are inadequate materials in
the classrooms and district office staff have not asked all special education staff about their curric-
ulum needs. There have been significant delays in receiving promised materials and curriculum.
The curriculum and instruction and special education departments do not meet regularly to
discuss interventions, materials and data collection.
Recommendations
The district should:
1. Clearly define a districtwide SST process to assist students at the school site
so they can succeed without special education interventions.
2. Consider universal screening to identify at-risk students.
3. Develop a districtwide system of data collection and progress monitoring.
4. Provide training on differentiated instruction for a diverse classroom.
5. Develop clear criteria for a pre-referral system.
6. Plan regular collaboration time with C&I, site administrators and special
education administrators to develop research-based interventions and mate-
rials districtwide.
7. Plan regular collaboration time with C&I, site administrators and special
education administrators to develop a districtwide data collection and prog-
ress monitoring system.
8. Include teachers of special education in all RtI best practices and academic
training provided to general education teachers as appropriate for their grade
level and subject matter.
9. With all site principals, develop and document a plan to begin implementing
a comprehensive RtI model.
10. Allow time for teachers to review data and plan for research-based instruc-
tions and interventions.
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11. Ensure that all teachers of special education have the state and district
approved curriculum and supplemental materials.
12. Establish a district-level leadership team to guide the implementation of RtI.
13. Develop a process to allow SST members and psychologists to use RtI as part
of the decision-making process for referral to special education.
14. Provide training to parents on how RtI is implemented and used as a part of
the decision-making process for referral to special education.
15. Evaluate the effectiveness of the current RtI strategies that affect the identifi-
cation rate for special education.
Identification for Special Education
The district’s identification rate for special education (PreK-8) is 13.5%, which is above the
statewide average of 11%. The district operates a resource program (ISP) at every site. Nineteen
self-contained special day classrooms (SDC) across the district provide opportunities for students
to be mainstreamed into general education classrooms and one learning center model classroom at
the kindergarten level. Additionally, the district provides a full inclusion program.
Some sites provide a RtI model, and the model varies from site to site. Staff reported that expec-
tations for interventions are there, and additional staff are provided to implement universal assess-
ment and interventions. Site administrators are the drivers of RtI. Staff reported that inconsistency
in data collection and assessment results in overidentification of students for special education.
Staff reported that the SST process is site-based and a gateway to special education identification.
The process is simple. The general education teacher initiates the meeting based on some data
and usually without interventions. Generally, after one SST, a student is referred for special
education evaluation. Sometimes, interventions are recommended to be implemented for six
weeks with the expectation the data will be collected and presented at the next SST. However, the
validity of the data is questionable. Follow-up with recommended intervention and monitoring is
not systematic.
Staff, including principals and general education teachers, receive no formal training on the SST
process. Board Policy 6164.1 refers to establishing systematic procedures for special education
identification, referral, screening, assessment, planning of implementation, review, and triennial
assessment. Administrative Regulation 6164.4 states, “All referrals from school staff for special
education and related services shall include a brief reason for the referral and description of the
regular program resources that were considered and/or modified for use with the student and their
effect (5 CCR 3021).” The district lacks a board policy or administrative regulations that outline
the referral process and procedures for SSTs and pre-referral criteria.
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RESPONSE TO INTERVENTION
Recommendations
The district should:
1. Establish districtwide pre-referral interventions and support prior to referral
for special education.
2. Implement RtI districtwide with consistency.
3. Provide districtwide data collection and progress monitoring to ensure RtI is
implemented and students’ needs are met.
4. Provide resources for staff to support their rationale for referrals.
5. Provide districtwide procedures for SST referrals and annual SST training for
all staff.
6. Provide collaboration time for staff to review data and decisions.
7. Provide professional development in research-based instruction and interven-
tion.
8. Audit the referral rate for school sites with high rates.
9. Develop and adopt a board policy and administrative regulation that outlines
the referral process and procedures for SSTs that focuses on pre-referral
general education interventions.
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FISCAL
Fiscal
Mental Health and Residential Services
Costs of mental health and residential services have transferred to school districts through
AB114, which was signed into law on June 30, 2011. Several sections of Government Code,
Chapter 26.5 were amended or rendered inoperative, ending the state mandate on county
mental health agencies to provide mental health services to special education students. AB114
requires school districts to be solely responsible for ensuring the provision of these services, such
as residential placement room and board and counseling both in residential placement and in
other special education programs. Funding is provided to SELPAs via Educationally Related
Mental Health Services (ERMHS). Each SELPA determines how those funds are distributed to
its member districts.
The district has specific account codes to track both revenue and expenditure of these funds.
Fiscal data regarding revenues and expenditures related to ERMHS (SACS resource codes 3327
and 6512) were reviewed. No anomalies were noted. The district receives no Licensed Children’s
Institute (LCI) revenue, as there are no facilities within district boundaries.
Recommendations
The district should:
1. Continue to monitor revenues and expenses related to providing mental
health services to students to ensure this does not add significantly to the
general fund contribution to special education.
Nonpublic School and Nonpublic Agency Placements
District expenses related to nonpublic school (NPS) placements and nonpublic agency (NPA)
costs are as follows:
Expense Category Unaudited Actuals Unaudited Actuals Revised Budget*
2012-13 2013-14 2014-15
Non-public school $ 554,281 $ 741,987 $ 775,344
Non-public agency $ 128,366 $ 250,887 $ 232,744
Total $ 682,647 $ 992,874 $ 1,008,088
*Budget data through 11/6/2014. Additional NPS/NPA contracts are likely to be added to the 2014-15 budget.
Source: District information
Expenses related to these services rose by $310,227 from 2012-13 to 2013-14. While projections
to date indicate that expenses are not expected to rise significantly in the current year, district
staff acknowledged that not all placements for 2014-15 are in effect. The special education
department was unable to provide a list of required special education services related to each
IEP. This data is necessary to analyze the cost effectiveness of utilizing NPS placements and NPA
services.
Approximately 8-10 preschool children attend an NPS, Lynn Center. The cost per child annu-
ally, not including summer services, is approximately $22,000. Once the student matriculates
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FISCAL
to kindergarten they transfer back to the district. Transitions from NPS to district are often
emotionally challenging for families and young children.
The district does not use CDE-approved NPAs for all of the contracted services such as evalua-
tions and therapy. Some providers are under contracts that are not as robust as an NPA contract.
An agency must be on the state-approved list to be an NPA. This assures the district that the
agency has met certain criteria including staffing credentials and insurance.
Recommendations
The district should:
1, Closely monitor the cost of NPS placements and NPA services, and analyze
the cost effectiveness of utilizing these services.
2. Analyze the total cost of operating an additional special education preschool
class and determine the fiscal effect if students at Lynn Center were served by
the district.
3. Continually evaluate its ability to serve any of its students who receive alter-
native placements and services.
4. Ensure that an NPA is used when a contractor is required.
Medi-Cal Billing and Revenues
District staff report that the speech and language pathologists, occupational therapists, nurse and
psychologist bill for Medi-Cal approved related services. Medi-Cal Local Education Agency (LEA)
annual report financial statement data for July 2012-June 2013 was provided along with the
Contra Costa Medi-Cal Collaborative Fund Reinvestment Plan for 2011-12. The district used the
SELPA as its billing consortium for 2011-12 and then contracted with San Joaquin COE there-
after. Data showed the LEA received $101,803 for 2012-13, with $25,616 carryover, while expen-
ditures were $115,550, leaving $11,869 in carryover. For 2013-14 confirmed actual revenues are
pending; however, a preliminary report states the district’s estimated revenues were $73,763.
Year 2011-12 2012-13 2013-14
Revenue 83,541.57 101,803.00 73,763.00
Medi-Cal Administrative Activities (MAA) billing and expenses appear reasonable. The district
has been notified by the MAA program that the district was potentially overpaid $614,547 in
2010-11. Many districts in California have been notified of similar overpayments, and large-scale
efforts to request a re-examination of MAA reimbursement methodologies are under way. Even if
the overpayment is upheld at the current amount, the district may be able to offset most or all of
the repayment from MAA funds it is to receive for the 2011-12 and 2012-13 fiscal years.
Recommendations
The district should:
1. Continue to utilize the San Joaquin COE for Medi-Cal billing.
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FISCAL
2. Request that the San Joaquin COE provide a comparison to similar districts
to determine the maximum revenue benefit.
3. Plan to decrease expenditures when carryover is depleted so the general
education fund does not have to cover excess costs.
4. Join coordinated efforts to request a re-examination of MAA reimbursement
methodologies, and monitor the potential district repayment obligations.
General Fund Contribution
Students with special needs require a variety of services from various service providers. To deter-
mine annual personnel needs, a document listing the required services is necessary. The special
education department could not provide a list of required special education services by student
that could be used to determine total positions and materials necessary to meet students’ needs,
and to assist with special education budgeting.
There is no documentation to justify hiring decisions or budget adjustments, or that staffing
ratios are consistently applied to all special education positions.
Because there is no list of required positions, utilization of a position control system that involves
coordinated review and approval by the special education, human resources and business services
departments is not possible.
Unaudited Unaudited Revised
Source: District information
Actuals Actuals Budget*
and SELPA SEMB forms
Special Education (SE) 2012-13 2013-14 2014-15
Total SE expenditures $ 11,225,455 $ 12,802,916 $ 13,561,142
SE student count 1209 1211 1241
SE expenditures per SE
student $ 9,285 $ 10,572 $ 10,928
Contribution $ 4,014,111 $ 5,560,929 $ 6,508,427
Contribution Percentage 35.8% 43.4% 48.0%
Additional SE transportation
Contribution $ 452,292 $ 599,550 $ 600,000
Adjusted Contribution $ 4,466,403 $ 6,160,479 $ 7,108,427
Adjusted Contribution
Percentage 39.8% 48.1% 52.4%
Beginning Balance
SE reserves $ 763,229 $ 734,040 $ -
Decrease in SE Reserves
adding to Contribution $ (29,189) $ (734,040) $ -
Full Contribution $ 4,495,592 $ 6,894,519 $ 7,108,427
Full Contribution Percentage 40.0% 53.9% 52.4%
*Budget data through 11/6/2014. Additional NPS/NPA contracts are likely for
the 2014-15 budget.
The district has traditionally not included special education transportation contributions or the
use of special education reserves in its calculation of the total general fund contribution to special
Brentwood Union School diStrict
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FISCAL
education. To compare the true contribution to special education over time, use of reserves
should be included in this calculation. Viewing contributions in that manner provides the
following results:
Special education costs per student rose $1,287 from 2012-13 to 2013-14, and by an additional
$356 comparing 2013-14 to the budget for 2014-15. Given the likelihood that additional NPS/
NPA costs will be added to the 2014-15 budget, the costs per student in the current year should
increase further. The percentage of contribution from the general fund to special education has
risen dramatically, from 40% to 53.9%. The contribution percentage is likely to increase due to
additional NPS/NPA costs in the current year.
Sources of the increase in special education expenses from 2012-13 to 2013-14 include:
• Approximately $200,000 for one-time and retroactive salary increases.
• Approximately $100,000 for adding a special education program specialist.
• Approximately $300,000 in costs for special education assistants, due to one-time and
retroactive salary increases and a marked increase in autism services.
• Approximately $300,000 in increased total expenses for NPS/NPA services, including
costs related to a new NPS program, Anova, for autism services.
• Approximately $100,000 in increased legal settlement expenses.
The district has no systematic approach to fulfilling the terms of IEPs. HR and business services
often find out about staffing needs and budgetary changes from information provided by sites, or
in meetings with special education that occur well after changes have been made. Improving the
timeliness of providing IEP-related resources to students will significantly increase trust among
all stakeholders. The special education office relies on one position, the special education secre-
tary, to handle all fiscal transactions and budgeting, implement all IEP-related requirements, set
up and monitor invoicing for all NPS, NPA and county office of education student placements,
do SEIS reporting, supervise special education-related CALPADS reporting, and coordinate
numerous special education meetings and employee interactions. Based on reports received
during the FCMAT site visit, a change in the requirements of the special education secretary
position could significantly increase the efficiency of implementing services, and provide more
accurate and timely budget information. A fiscal analyst position would be of benefit in handling
these duties.
Duties for this new position could include, but not be limited to:
• Implementing and monitoring all special education-related contracts and invoices related
to contracts.
• Interdistrict billing for regional services provided to out-of-district students.
• Verifying the special education accounting of services provided per each IEP.
• Preparing all necessary special education budget adjustments, personnel transaction
forms and purchase orders.
• Analyzing and monitoring the entire special education budget for variances and
reasonableness.
• Preparing and submitting all ERMS, Medi-Cal LEA and MAA billing.
Fiscal crisis & ManageMent assistance teaM
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FISCAL
The special education secretary should still have sufficient duties after the above are reassigned. A
.50 FTE fiscal analyst position could fulfill the requirements. The special education department
pays for additional clerical support that would not be needed if the fiscal analyst position is
created. This clerical support cost $13,279 in 2012-13 and $14,985 in 2013-14, which could
partially offset the cost of the new fiscal analyst position.
The Contra Costa SELPA changed its funding allocation model for member districts starting
in the 2013-14 fiscal year. One significant change was from an off-the-top model that covered
the costs for district students placed in county office of education programs to one that charges
districts directly for students utilizing these programs. The district will eventually receive approx-
imately $500,000 more in annual revenue from the new allocation model after a phase-in period
expires. However, the district is now responsible for paying for county office-operated programs
under a new cost structure that is tiered based on the level of services needed for each student.
This increased cost structure could lead to costs in excess of the additional revenue received.
Special education legal and due process costs, outside of settlement agreements, have varied over
a three-year period:
Unaudited Actuals Unaudited Actuals Revised Budget
2012-13 2013-14 2014-15
$ 98,644 $ 45,481 $ 133,615
The district has not tracked due process costs separately from other special education legal
counsel. Doing so is considered a best practice to analyze the cost effectiveness of the district’s
approach to due process situations.
Recommendations
The district should:
1. Keep records in the special education department that list each student
requiring services, including the specific IEP-related resources (services and
equipment) for each student and the sunset date for each resource. Compile
these resources into specific budgetary needs for special education.
2. Build the special education budget with justifications for resources tied to
IEPs and agreed upon staffing ratios. Make budget changes throughout the
year as services or materials are no longer needed or are added.
3. Have the special education, human resources and business services depart-
ments perform regular, coordinated position reviews throughout the year.
4. Include all special education costs to reflect the true general fund contribu-
tion to special education, including transportation. Recognize that deficit
spending in the special education department, leading to a reduction in
reserves, also is a contribution to special education.
5. Monitor the total special education budget per student, analyzing any
increases for reasonableness. Update the 2014-15 costs and general fund
contribution when all costs are available to understand if the contribution
percentage is continuing to increase.
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FISCAL
6. Create a new position, reporting to the business services department,
potentially titled special education fiscal analyst. Place the person filling this
position in the special education office.
7. Closely monitor costs of county office programs annually to ensure that costs
and billings are reasonable.
8. Consider tracking due process data separately to monitor the effectiveness
of the approach to due process, including the number of cases, the level of
resolution, and the costs involved year by year.
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Appendices
Appendix A – Parent Survey
Appendix B – Community Advisory Committee
(CAC)
Appendix C - CSBA Sample Administrative
Regulation, Parent Rights and Responsibilities
Appendix D – Staff Morale Survey
Appendix E – Special Circumstance Instructional
Assistance (SCIA)
Appendix F – Alternative Dispute Resolution (ADR)
Appendix G – Response to Intervention (RtI)
Appendix H – Study Agreement
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Appendix A
FFFFCCCCMMMMAAAATTTT SSSSttttuuuuddddyyyy:::: PPPPaaaarrrreeeennnntttt SSSSuuuurrrrvvvveeeeyyyy ---- BBBBrrrreeeennnnttttwwwwoooooooodddd UUUUnnnniiiioooonnnn SSSScccchhhhoooooooollll DDDDiiiissssttttrrrriiiicccctttt
The Brentwood Union School District is conducting an independent review of their Special Education Programs. The
review is being conducted by Fiscal Crisis and Management Assistance (FCMAT). During this review there will be many
opportunities to gather input from parents, Board Members, and staff. One phase of this input for parents is this survey. It
will be helpful to know what you and your child's experiences have been when you have received special education
services and programs from the district. Your concerns and experiences will assist the independent reviewers in
gathering accurate information about the programs and services in special education.
Please check Yes, No or Don't know to each question.
*1. Do you understand the reasons why your child receives Special Education services?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*2. Was an assessment plan presented to you in such a way that you fully understood
the tests that were being given and why?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*3. Were your child's strengths considered in the assessments?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*4. Were the results of your child's assessment used to develop an Individualized
Education Plan (IEP) for your child?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*5. Did you have an opportunity to express your concerns about your child's learning in
the IEP meeting?
nmlkj Yes
nmlkj No
nmlkj Don’t know
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FFFFCCCCMMMMAAAATTTT SSSSttttuuuuddddyyyy:::: PPPPaaaarrrreeeennnntttt SSSSuuuurrrrvvvveeeeyyyy ---- BBBBrrrreeeennnnttttwwwwoooooooodddd UUUUnnnniiiioooonnnn SSSScccchhhhoooooooollll DDDDiiiissssttttrrrriiiicccctttt
*6. Do your child's teachers have an understanding of his/her learning needs?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*7. Did the IEP team discuss a range of options available for special education programs
and services for your child?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*8. Did you feel like an equal member of the IEP team?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*9. Were the services described in the IEP delivered?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*10. Were the services described in the IEP effective?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*11. Do you feel that any of the concerns you had for your child's education were
considered in the IEP?
nmlkj Yes
nmlkj No
nmlkj Don’t know
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FFFFCCCCMMMMAAAATTTT SSSSttttuuuuddddyyyy:::: PPPPaaaarrrreeeennnntttt SSSSuuuurrrrvvvveeeeyyyy ---- BBBBrrrreeeennnnttttwwwwoooooooodddd UUUUnnnniiiioooonnnn SSSScccchhhhoooooooollll DDDDiiiissssttttrrrriiiicccctttt
*12. Do you receive consistent communication regarding your child's progress in special
education programs and services?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*13. When you contact the school regarding your child's progress, do you receive a
timely response?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*14. Is your child's general education teacher aware of his/her IEP and unique learning
needs?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*15. Do you feel that the school is listening to your concerns as a special education
parent?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*16. Do you know who to contact to get special education issues resolved?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*17. Do you feel that you have a solid, trusting working relationship with the special
education department?
nmlkj Yes
nmlkj No
nmlkj Don’t know
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FFFFCCCCMMMMAAAATTTT SSSSttttuuuuddddyyyy:::: PPPPaaaarrrreeeennnntttt SSSSuuuurrrrvvvveeeeyyyy ---- BBBBrrrreeeennnnttttwwwwoooooooodddd UUUUnnnniiiioooonnnn SSSScccchhhhoooooooollll DDDDiiiissssttttrrrriiiicccctttt
*18. If you speak a language other than English, do you receive information from the
school in your native language when you request it?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*19. If you request a language interpreter for your child's IEP meeting, is one provided?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*20. Does the district provide opportunities for parents to meet in support groups with
other parents to share ideas and strategies with their children with special needs?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*21. Are parent training opportunities available to parents of children with special needs?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*22. Sometimes parents are confused by the IEP process, is there anyone in the district
that can help parents that have questions or concerns about the process?
nmlkj Yes
nmlkj No
nmlkj Don’t know
*23. Is the district open to parent input on special education issues?
nmlkj Yes
nmlkj No
nmlkj Don’t know
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FFFFCCCCMMMMAAAATTTT SSSSttttuuuuddddyyyy:::: PPPPaaaarrrreeeennnntttt SSSSuuuurrrrvvvveeeeyyyy ---- BBBBrrrreeeennnnttttwwwwoooooooodddd UUUUnnnniiiioooonnnn SSSScccchhhhoooooooollll DDDDiiiissssttttrrrriiiicccctttt
*24. Please check the grade level for your special needs child or children if you have
more than one child receiving special education services.
gfedc Preschool
gfedc Transitional Kindergarten
gfedc Kindergarten
gfedc 1st3rd grade
gfedc 4th5th grade
gfedc 6th8th grade
*25. Please note which of the following entities provides special education services for
your child. If you have more than one child who resides in the Brentwood Union School
District, please check all that apply.
gfedc BUSD Brentwood Union School District
gfedc COE County Office of Education
gfedc NPS NonPublic School
26. This area is for you to comment specifically on any of the items where you indicated
"no". When commenting, please identify the response number.
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66
Thank you for your participation.
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Appendix B
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Appendix C
CSBA Sample
Administrative Regulation
Students AR 5020(a) PARENT RIGHTS AND RESPONSIBILITIES
Parent/Guardian Rights
Note: Education Code 49091.10-49091.19 and Education Code 51100-51102 delineate explicit rights of
parents/guardians regarding the education of their children. Some of these rights may be addressed in other
policies and regulations. However, districts may choose to adopt this separate section on parent/guardian
rights in order to compile these provisions in one location as provided in the following optional section.
Pursuant to Education Code 51101, the rights provided for in that law may not conflict with a valid
restraining order, protective order or order for custody or visitation issued by a court. See BP 5021 -
Noncustodial Parents.
The rights of parents/guardians of district students include, but are not limited to, the
following:
1. To observe, within a reasonable period of time after making the request, the
classroom(s) in which their child is enrolled or for the purpose of selecting the school in
which their child will be enrolled (Education Code 51101)
Parents/guardians may observe instructional and other school activities that involve their
child in accordance with Board policy and administrative regulations adopted to ensure
the safety of students and staff, prevent undue interference with instruction or harassment
of school staff, and provide reasonable accommodation to parents/guardians. Upon
written request by a parent/guardian, the Superintendent or designee shall arrange for
parental observation of a class or activity in a reasonable time frame and in accordance
with Board policy and administrative regulations. (Education Code 49091.10)
(cf. 6116 - Classroom Interruptions)
2. To meet, within a reasonable time of their request, with their child's teacher(s) and
the principal (Education Code 51101)
3. Under the supervision of district employees, to volunteer their time and resources
for the improvement of school facilities and school programs, including, but not
limited to, providing assistance in the classroom with the approval, and under the
direct supervision, of the teacher (Education Code 51101)
4. To be notified on a timely basis if their child is absent from school without
permission (Education Code 51101)
(cf. 5113 - Absences and Excuses)
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Appendix D
BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
The Brentwood Unified School District is conducting an independent review of their Special Education Programs. During
this review there will be many opportunities to gather input from Board Members, parents and staff. One phase of this
input will be a survey of staff morale. This process will be handled in a confidential manner between the FCMAT study
team and special education staff. In order to provide assistance to the district in this area we need your participation in
this anonymous survey. Please complete the survey online which does not indicate and identifiable personal information.
Thank you. Please complete this survey no later than November 14, 2014.
Please respond to the following factors as they relate to you and their effect on staff morale in your work assignment.
Section I: Addresses your personal perception of special education staff morale
Section II: Identifies negative factors affecting the morale of special education staff
Section III: Lists the positive factors that affect special education staff morale
*1. My job morale is high
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*2. The collegial spirit in this department is high
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*3. The employee morale in this department is high
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*4. Special Education teachers/staff are valued by the district
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*5. Special Education teachers/staff are valued by the community
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*6. Special Education teachers/staff are valued by their students
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*7. As a Special Educator I feel pride in my work
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*8. The Special Education staff feels that they have control over everyday decisions
about the programs and services
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*9. There is a lot of enthusiasm in the special education department
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*10. The rapid changes made in legislation, regulations, technology and techniques is a
positive factor for staff morale
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*11. The school site principals are the key to good staff morale
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*12. I feel consulted and listened to in decisions made about education
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*13. Complaints are handled fairly without retaliation
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
The following negative factors can affect special education staff morale
*14. Increased workload due to requirements with the IEP process and paperwork
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*15. Reduction in the availability of staff development
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*16. Frequent changes in special education leadership
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*17. Lack of clear communication of expectations
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*18. Lack of resources
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*19. Lack of time for planning and collaboration
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*20. Increased parent demands and expectations
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*21. Lack of parent involvement
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*22. Lack of support from the district office
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*23. Lack of support from school site administration
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
Positive factors that affect special education staff morale
*24. Out of school factors: community/board support
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*25. Intrinsic rewards
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*26. Recognition of accomplishment/expertise
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*27. Competitive salary/benefits
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*28. Supportive colleagues
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*29. Adequate facilities, equipment, supplies
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
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BBBBUUUUSSSSDDDD SSSSppppeeeecccciiiiaaaallll EEEEdddduuuuccccaaaattttiiiioooonnnn SSSSttttaaaaffffffff MMMMoooorrrraaaalllleeee SSSSttttuuuuddddyyyy ffffoooorrrr FFFFCCCCMMMMAAAATTTT
*30. Student Achievement
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*31. Parent support for the special education community
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*32. Mutual respect for special educators among district colleagues and administrators
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*33. Collaborative leadership
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
*34. Good staff morale
nmlkj Strongly Disagree
nmlkj Disagree
nmlkj Agree
nmlkj Strongly Agree
35. Other information you would like to share:
55
66
Thank you for your participation in this survey. There will be additional opportunities for interviews with the FCMAT team
to provide additional information.
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Appendix E
Process for Requesting
Special Circumstance
Instructional Aides
Guidelines and Forms
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Guidelines for Requesting Special Circumstance Instructional Assistance
Rationale: Special circumstance instructional assistance (SCIA) may be indicated in situations
where additional staff support is needed in the classroom or en route to and from school due to 1)
pervasive and aggressive student behaviors directed towards self or others, or 2) intensive
student needs.
Factors for review and consideration:
The goal for any special needs student is to encourage, promote, and maximize
independence. If not carefully monitored, special circumstance instructional
assistance can easily and unintentionally foster dependence. A student’s total
educational program must be carefully evaluated to determine where support is
indicated. Natural support and existing staff support should be used whenever
possible to promote the least restrictive environment.
Special factors for students residing in the :
1. All requests for SCIA shall be submitted to the Director of Special Education. SCIA
should not be indicated in individual student IEP’s as a service. However, in certain
circumstances the need for additional support may need to be indicated in a student’s
IEP. In those instances, the need shall be indicated in the present levels or meeting
notes as “100% supervision.”
2. For services requiring additional personnel support as a result of student-related
behavioral issues, a positive behavioral support plan or Behavior Intervention Plan
should be developed and should include provisions describing how and when the
support will be utilized to implement the plan and when the plan will be reviewed and
modified, including the fading of SCI Assistance.
3. Observational assessments and team staffings will be conducted on a quarterly basis
to evaluate the continued need for SCIA.
Budget coding for additional paraeducator support (classroom and/or transportation):
0100-56400-0-5750-3142-220004-XXXX-XXX
0100-65000-0-5750-1110-210004-XXXX-XXX
The appropriate code must be entered on all status forms and payroll timesheets.
The Special Education Department Accountant shall receive a copy of all SCIA requests and
shall be notified routinely of all excess costs.
Process for requesting SCI Assistance:
1. Complete the Request for Special Circumstance Instructional Assistance
(for Classroom Support and/or Transportation Support).
2. Complete the Observational Evaluation for SCI Assistance (For Individual Student
Support only).
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APPENDDRICAEFST
3. Complete the Student Needs for Additional Support Rubric (For Classroom Support ,
Individual Student Support and Transportation Support).
4. Complete the Class Weighting Worksheet (For Classroom Support only).
5. Attach supporting documentation if pertinent (IEP, Behavior Plan, etc.).
6. Submit all paperwork to the Director of Special Education.
7. Upon approval, complete the Request for Long-term Substitute for classroom support
and/or an employee status form for transportation support (regular employee ride along).
8. All forms will be disseminated to the Special Education Accountant, Human Resources
Department, Program Specialist and Special Education Director.
9. The Special Education Director will assist the site during each quarter to review the need
for on-going SCIA classroom and/or transportation support.
Brentwood Union School diStrict
6644
DARPPAEFNTDICES
Request for Special Circumstance Instructional Aide
Student-Related: Classroom Support or Individual Student
Please complete all required information and return to the Special Education Department,
Director of Special Education. Notification of approval will be provided to the Program
Manager, Special Education Accountant, Finance Department, and Human Resources
Department.
Program ________________________________ Teacher______________________________
Program Specialist Date
Complete 1 or 2:
1. Classroom Support Class Location
2. Individual Student Support Name
District of Residence DOB
All requests for Special Circumstance Instructional Assistance are reviewed quarterly.
Please attach required forms and supporting documentation (Refer to SCIA Guidelines).
Requested Start Date __________________ Anticipated Ending date___________________
Department Approval:
Program Specialist Date
Special Education Director/Administrator Date
Comments:
SCIA Assignment Codes:
0100-56400-0-5750-3142-220004-XXXX-XXX
0100-65000-0-5750-1110-210004-XXXX-XXX
Enter budget code:
FUND RESOURCE YEAR GOAL FUNCTION OBJECT DEPT. MANAGER
SCIA: rev. 9/10/09
Fiscal crisis & ManageMent assistance teaM
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APPENDDRICAEFST
Request for Special Circumstance Instructional Aide
Student-Related/Transportation Support
Please complete all required information and return to the Special Education Department,
Director of Special Education. Notification of approval will be provided to the Program
Manager, Special Education Accountant, Finance Department, and Human Resources
Department.
Program ______________________________ Teacher_______________________________
Program Specialist Date
Student DOB
District of Residence Classroom
Requested Start Date _________________ Anticipated Ending date___________________
Transportation Provider (check one): District of Residence First Student
Rationale for ride-along support: (Attach additional information/documentation)
--------------------------------------------------------------------------------------------------------------------
Department Approval:
Program Specialist Date
Special Education Director Date
Comments:
SCIA Assignment Codes:
0100-56400-0-5750-3142-220004-XXXX-XXX
0100-65000-0-5750-1110-210004-XXXX-XXX
Enter budget code:
FUND RESOURCE YEAR GOAL FUNCTION OBJECT DEPT. MANAGER
Brentwood Union School diStrict
6666
DARPPAEFNTDICES
Fiscal crisis & ManageMent assistance teaM
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mroF
61
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APPENDDRICAEFST
Brentwood Union School diStrict
cirbuR
troppuS
lanoitiddA
rof sdeeN
tnedutS
:deweiveR
etaD
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nihtiw mulucirruc eroc emos ni etapicitraP
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swolloF
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wef seriuqer dna ssalc noitacude lareneg
noitcurtsni
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ro stpmorp
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ni niamer dna sreep htiw noitcaretni laicos
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fo noitaredisnoc
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.ssecorp tnemssessa
sdeen
htiw eunitnoc
,saera erom ro owt ni ,s’4 & s’3 fo sgnitar
yltsom
62
63
6688
DARPPAEFNTDICES
Observational Evaluation for SCI Assistance
Student: School:
Teacher: Date:
Observer’s Name/Title: Setting:
Section I: Please complete the following review of the visual and physical structure of the classroom, curriculum design, data
collection and planning.
Posted classroom schedule Yes No
If yes, complete section below:
1. The following elements are included in the classroom schedule:
Times Locations
Students Activities
Staff names
2. The schedule is Daily Weekly Other
Individual student schedule Yes No
If yes, complete section below:
1. Student uses the following format for individualized schedule:
Object Icon
Photograph Word
Picture
2. Room is arranged with structure to correlate with tasks on schedule:
Area for one-to-one work Area for independent work
Area for group work Area for leisure
Not applicable
3. Student ability to follow the schedule:
Independent With direct verbal prompt
Non-verbal with gestural prompt With physical prompt
With indirect verbal prompt
Consistent Inconsistent
4. Student use of the schedule:
Student carries schedule Student uses transition cards
Student goes to schedule board Teacher carries and shows the schedule
Consistent Inconsistent
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APPENDDRICAEFST
64
*Attach sample classroom schedule and individual student schedule
Curriculum and instructional planning
1. Check the curricular domains included in the student’s program:
Communication Academics
Self care Motor skills/mobility
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DARPPAEFNTDICES
Domestic Recreation/leisure
Social/behavioral
Pre-vocational/vocational Other:
2. Describe curricular accommodations and/or modifications currently being used:
3. List equipment or devices used /available that may relate to the need for assistance (may be low incidence equipment or
assistive technology device):
4. Are materials and activities age appropriate? Yes No
5. Are materials and activities instructionally appropriate? Yes No
Current data systems and collection of data
Has data been collected on student performance? Yes No
If yes, complete section below:
1. Current data on each objective includes:
Date Level of independence (prompting needed)
Task
2. Data is collected:
Daily Biweekly
Weekly Monthly
3. Data is summarized in the following manner:
Graphed Other
Written narrative
*Attach sample
Fiscal crisis & ManageMent assistance teaM
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APPENDDRICAEFST
Behavior and safety
1. Describe the behavior management system in the classroom, including positive reinforcers and
consequences. Is the system appropriate for the student or does it need modification?
2. Are specific positive behavior supports utilized for the student? Yes No
Describe:
3. Is there appropriate safety equipment in place? Yes No
4. Are appropriate safety and medical procedures being used? Yes No
5. Does it appear appropriate training has been provided? Yes No
Comments:
6. Describe the student’s interactions with peers:
7. Describe the student’s interaction with non-classroom staff in a less structured environment:
8. What activities does the student choose during breaks?
9. What problems are evident?
Brentwood Union School diStrict
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DARPPAEFNTDICES
67
Planning team meetings
Fiscal crisis & ManageMent assistance teaM
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7733
APPENDDRICAEFST
1. Are team meetings held? (formal or informal meetings to problem solve) Yes No
If yes, complete section below:
Daily Biweekly
Weekly Monthly
Need to be schedule
Meetings include the following participants:
Current utilization of assistance
How is existing assistance utilized?
Behavior management Medical assistance
Curriculum adaptation and preparation Supervision
Instruction - individual
Instruction - group
Other
Team Summary/Action Plan
1. Can current conditions be modified to meet the student’s goals and objectives and/or personal care needs? If so, how?
2. What other types of assistance are needed? Why?
3. Are there any other issues that need to be addressed?
4. Recommendations:
Brentwood Union School diStrict
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7744
DARPPAEFNTD ICES
Techniques to Promote Independence and Fading of Support
1. Watch before assisting. Can the student ask for help from teacher or peer?
2. Can the student problem solve independently?
3. Give the student extra time to process and respond before assisting.
4. Provide consistent classroom schedule (posted, visual, at desk if needed, reinforcement
periods included). Teach the student how to use it.
5. Start with the least intrusive prompts to get the student to respond:
A. Gestural, hand or facial signals
B. Timer
C. Verbal
D. Light physical
E. Hand over hand
6. Prompt, then back away to allow independent time.
7. Use strengths and weaknesses, likes and dislikes to motivate student participation and
interest.
8. Model; guide (watch and assist); check (leave and check back).
9. Teach independence skills (raising hand, asking for help, modeling other students).
10. Praise for independent attempts.
11. Direct the student to answer to the teacher.
12. Prompt the student to listen to the teacher’s instructions. Repeat only when necessary.
13. Encourage age appropriate work habits. See what other students are doing.
14. Be aware of proximity. Sit with the student only when necessary.
15. Encourage peer assistance and partnering. Teach peers how to help, not enable.
16. Utilize self-monitoring checklists for student.
17. Color code materials to assist with organization.
18. Use transition objects to help the student anticipate/complete transition (i.e., head phones
for listening center).
19. Break big tasks into steps.
20. Use backward chaining (i.e., leave the last portion of a cutting task for the student, then
gradually lengthen the task).
21. Assist in encouraging a means for independent communication (i.e., PECS).
22. Provide positive feedback (be specific to the situation).
23. Ask facilitative questions (“What comes next?” “What are other students doing?” “What
does the schedule say?” “What did the teacher say?”).
24. Give choices.
16
Fiscal crisis & ManageMent assistance teaM
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APPENDDRICAEFST
Instructional Aide Guidelines
I. GUIDING PRINCIPLES
A. Rationale
SELPA is committed to providing a full continuum of placement options
for students with identified disabilities who are receiving special education services. The
Individuals with Disabilities Education Act (IDEA2004) and California laws and regulations
describe a continuum of alternative placements such as instruction in general education
classes, special classes, special schools, home instruction and instruction in hospitals and
institutions. Both federal and state laws contain provisions to ensure that children with
disabilities are educated to the maximum extent possible with children who are not disabled
and that children are removed from the general education environment only when the
nature of the disability is such that education in the general education classroom cannot be
satisfactorily achieved with the use of related services.
B. Related Services
California’s related services as defined in Education Code and Title V regulations are
referred to as Designated Instruction and Services or DIS. IDEA2004 defines Related
Services as signifying the utilization of aids, services, and other supports that are provided
in general education classes or other education-related settings to enable children with
disabilities to be educated with non-disabled children to the maximum extent appropriate.
This applies to any general education program or special education program in which the
student may participate.
C. Special Needs Assistant/Support
By law, services to students with special needs must be delivered in the least restrictive
environment (LRE). When an IEP Team is considering a special needs assistant for a
student, all aspects of the student’s program must be considered with the intent of
maximizing the student’s independence. It must be acknowledged that the teacher, rather
than the assistant, is responsible for the design and implementation of the student’s program.
The IEP team must consider the student’s personal independence when discussing the
necessity for a special needs assistant. The foremost educational goal for any special
needs student is to encourage, promote, and maximize independence. Without proper
consideration of the role of a special needs assistant, the presence of such support may
unintentionally foster dependence. The team must carefully evaluate a student’s total
educational program to determine where support is indicated. Natural support, existing staff
support, and/or other classroom modifications/supports (e.g. assistive technology, behavior
plan) should be used whenever possible to promote the least restrictive environment (LRE).
D. Other considerations
The IEP Team needs to base the decision for a special needs assistant as a
related service on appropriate documentation and assessment. A special needs
assistant is considered only in instances where the student is not able to
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DARPPAEFNTDICES
benefit from a Free and Appropriate Public Education without such support.
Specifically the program modifications or supports for school personnel (special needs
assistant) are necessary to assist the student to:
Advance appropriately toward the annual goals
Be involved in and progress in the general curriculum
Participate in extracurricular and other nonacademic activities; and,
Be educated and participate with other disabled and non-disabled
students.
If a special needs assistant is necessary for curricular purposes, the IEP Team must
consider if the current goals and objectives are appropriate and if the proposed
placement is truly the least restrictive environment for the child.
If a special needs assistant is necessary for behavioral concerns, the IEP Team must
have charted behaviors and implemented an appropriate behavior plan before they
consider a special needs assistant.
The school nurse should be a part of the IEP Team discussion whenever assistance
is needed due to a medical need.
II. PROCEDURES/ADMINISTRATIVE GUIDELINES
A. Complete an Evaluation
Members of the school education team need to complete the Evaluation to determine the
Appropriateness for a Special Needs Aide form to evaluate the need for additional
classroom support.
B. Schedule IEP Meeting
If, after completing the form, it is determined that a special needs assistant (for the
classroom or for a specific student) is needed, an IEP meeting should be scheduled and
should include an appropriate district of residence administrator/designee.
C. The IEP needs to include the following:
1. A statement that the special needs assistant is necessary for the child to benefit
from his/her educational program with a specific statement of how the related service
will assist the child. Specify the conditions and circumstances under which the special
needs assistant appears appropriate for the student.
2. An objective manner (criteria) for evaluating whether the addition of personnel assists the
child in benefiting from his/her educational program.
3. A statement of the frequency and location of the related service(s).
4. A statement of the duration of the services. A short-term special needs assistant could be
used for an evaluation period or transition period not to exceed eight weeks.
5. A statement of the role of the special needs assistant as well as the role of the teacher
and any other professionals responsible for the student’s education.
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APPENDDRICAEFST
6. A systematic written plan to address how the additional personnel support will be
monitored and to address the criteria for fading that support as the student gains
independence.
7. The schedule for review of the student’s program which leads to the fading of the
assistant. It is recommended that the team meet at least every six months
except for cases of extreme medical need.
8. Goals/objectives that address the skills needed by the child in order for the
special needs assistant to be faded.
9. A behavior plan for a student requiring a special needs assistant for behavior. The
behavior plan needs to include a description of how and when support,
including personnel, will be utilized to implement the plan and when the plan will
be reviewed and modified.
10. If the student has instructional needs requiring additional personnel, a written plan
must be developed by the general and/or special education teacher(s) based
on appropriate assessment information. The plan must specify how the
additional personnel will be utilized to support the teacher in implementing the
student’s goals and objectives. Additionally, the plan must indicate what attempts
will be made to transition to other available classroom resources and supports.
(timeline, criteria, and specific resources and supports)
Evaluation to Determine the Appropriateness for a Special Needs Aide
Date:
Student: Grade:
Teacher: Title:
School Site: Room Number:
Instructional Setting:
When completing the form, please use the back pages of the form as necessary
to give complete information.
A. Curriculum and Instructional Planning
1. Check the curricular domains included in the student’s IEP:
Communication Academic/Pre-academic
3
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Self-Care Behavior
Pre-vocational, Vocational Motor skills/Mobility
Other (specify:
2. Is the student currently making progress towards the IEP goals?
Yes (all) Yes (some) No
3. If limited or no progress is being made, what factors are responsible for this?
4. Describe all interventions attempted including the duration of the intervention and the
success or lack of success for each intervention.
5. List equipment or devices used that may relate to the need for assistance.
6. Describe reinforcers and reinforcement schedule used.
7. List materials and activities being used as part of the student’s instructional program.
8. Does the student have behaviors that negatively impact the learning environment for
other students? (Please include all documentation of attempts to reduce the behavior
including a behavior plan.)
B. Classroom Environment
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1. Attach a diagram of the arrangement of the furniture and instructional areas that provide
the physical structure of the classroom. Does the physical environment of the classroom
present barriers to the student’s participation in the curriculum? If yes, how?
1. Describe the classroom schedule and visual supports provided for the student.
2. Describe the classroom management system.
Are the visual structures in place enough to meet the student’s needs? If no, what else
is needed? Is the current classroom management system working for the student? If
no, what else is needed?
3. Are distractions occurring in the classroom that interfere with student learning? If yes,
what are they?
C. Determining Student Access to the Curriculum
1. What part(s) of the curriculum is accessible to the student given the natural or available
supports?
2. What part(s) of the curriculum is not accessible given the natural or available supports?
What factors prevent the student’s participation in this aspect of the curriculum?
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DARPPAEFNTDICES
D. Determining Available Supports
1. What supports (personnel, environmental, structural, instructional) are available for the
student in the natural environment?
2. Describe other school personnel that might be available to support the student’s needs?
(classroom teacher, special education teacher, special education paraprofessional, other
school instructional aides, peer support, etc.
3. Describe other modifications or supports that might be considered for the student that
have not been tried. (change of classroom environment, classroom management plan,
individual behavior plan, assistive technology)
4. Please check any intervention below that might be helpful to try before consideration of
a special needs aide.
a. Training for instructional staff (specify what type)
b. In class coaching
c. Consultation in the classroom
d. Behavior observation/support
e. Other (please specify)
5. If a special needs aide is being contemplated, does the assistant need to be assigned
to one student or could the assistant be assigned to the entire class?
6. Specify exactly what times during the day the student could participate without the
support of the special needs aide.
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APPENDDRICAEFST
Time of Day Activity
If a special needs aide is contemplated for this student, what part(s) of the day would
the student require support? What type of support would be given?
Time of Day Anticipated Support
Activity
E. Determining the Need for Assistance
The student is able to access the curriculum in the least restrictive environment
with supports currently available in the school environment.
The student is not able to access the curriculum in the least restrictive environment
using natural and/or available supports for the following reason(s):
Intensive medical need (attach documentation)
Serious behavior (attach documentation of attempted interventions and current
behavior plan)
Low Incidence needs (scriber, sign language translator, notetaker, etc.)
7
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DARPPAEFNTDICES
Basic life function assistance
Other (curricular, mobility, etc.)
Specify:
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APPENDDRICAEFST
Appendix F
Brentwood Union School diStrict
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8855
APPENDDRICAEFST
Appendix G
Response to Intervention
There is no consistent protocol in place for Response to Intervention in the district. The
California Department of Education (CDE) is coining the term Response to Intervention (RtI2) to
define a general education approach of high-quality instruction and early intervention, prevention,
and behavioral strategies. RtI2 offers a way to eliminate the achievement gap through a school-
wide process that provides assistance to every student, both high-achieving and struggling
learners. It is a process that utilizes all resources in a school and school district in a collaborative
manner to create a single, well-integrated system of instruction and interventions informed by
student outcome data. RtI2 is fully aligned with the research on the effectiveness of early
intervention and the recommendations of the California P-16 Council. Access, culture and
climate, expectations, and strategies are the council’s themes.
On November 14, 2008, the California Department of Education issued the following
information regarding RtI2 as guidance to our schools in California:
Definition
Response to Instruction and Intervention (RtI2) is a systematic, data-‐driven approach to
instruction that benefits every student. California has expanded the notion of RtI2 to
communicate the full spectrum of instruction, from general core to supplemental or intensive,
to meet the academic and behavioral needs of students. RtI2 integrates resources from general
education, categorical programs, and special education through a comprehensive system of core
instruction and interventions to benefit every student.
Core Components
A cohesive RtI2 process integrates resources from general education, categorical programs, and
special education into a comprehensive system of core instruction and interventions to benefit
every student. The following core components are critical to the full implementation of a strong
RtI2 process:
1. High-‐quality classroom instruction. Students receive high-‐quality and culturally
relevant, standards-‐based instruction in their classroom setting by highly qualified
teachers.
2. Research-‐based instruction. The instruction that is provided within the classroom is
culturally responsive and has been demonstrated to be effective through scientific
research.
3. Universal screening. School staff assesses all students to determine students’ needs.
On the basis of collected data, school staff members determine which students require
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DARPPAEFNTDICES
close progress monitoring, differentiated instruction, additional targeted assessment, a
specific research-‐based intervention, or acceleration.
4. Continuous classroom progress monitoring. The classroom performance of all
students is monitored continually within the classroom. In this way, teachers can identify
those learners who need more depth and complexity in daily work and those who are not
meeting benchmarks or other expected standards and adjust instruction accordingly.
5. Research-‐based interventions. When monitoring data indicate a student’s lack of
progress, an appropriate research-‐based intervention is implemented. The interventions
are designed to increase the intensity of the students’ instructional experience.
6. Progress monitoring during instruction and interventions. School staff members use
progress monitoring data to determine the effectiveness of the acceleration or intervention
and make any modifications, as needed. Carefully defined data is collected on a frequent
basis to provide a cumulative record of the students’ progress, acceleration, and/or
response to instruction and intervention.
7. Fidelity of program implementation. Student success in the RtI2 model requires
fidelity of implementation in the delivery of content and instructional strategies specific to
the learning and/or behavioral needs of the student.
8. Staff development and collaboration. All school staff members are trained in
assessments, data analysis, programs, and research-‐based instructional practices and
strategies. Site grade-‐level or interdisciplinary teams use a collaborative approach to
analyze student data and work together in the development, implementation, and
monitoring of the intervention process.
9. Parent involvement. The active participation of parents at all stages of the process is
essential to improving the educational outcomes of their students. Parents are kept
informed of the progress of their students in their native language or other mode of
communication, and their input is valued in making appropriate decisions.
10. Specific learning disability determination. The RtI2 approach may be one component
of the process for determining a specific learning disability as addressed in the IDEA of 2004
statute and regulations. As part of determining eligibility, the data from the RtI2 process
may be used to ensure that a student has received research-‐based instruction and
interventions.
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RtI2 is to be used in schools in the following three ways:
1. Prevention. All students are screened to determine their level of performance in
relation to grade-‐level benchmarks, standards, and potential indicators of academic and
behavioral difficulties. Rather than wait for students to fail, schools provide research-‐
based instruction within general education.
2. Intervention. Based on frequent progress monitoring, interventions are provided for
general education students not progressing at a rate or level of achievement
commensurate with their peers. These students are then selected to receive more
intense interventions.
3. Component of specific learning disability (SLD) determination. The RtI2 approach
can be one component of SLD determination as addressed in the Individuals with
Disabilities Education Act (IDEA) 2004 statute and regulations. The data from the
RtI2 process may be used to demonstrate that a student has received research-‐based
instruction and interventions as part of the eligibility determination process.
Figure 1
Tier I. Benchmark: Screening and Targeted Instruction
In Tier I, the focus is on a core instructional program that uses a scientifically validated
curriculum with all students in the general education classroom. During the course of
instruction, the school uses universal screening measures to identify each student’s level of
proficiency in key academic areas. The screening data is organized to enable the review of both
group and individual performance on critical measures. Instruction is differentiated in response
to this data for small groups and individual students. Students who continue to lag behind their
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DARPPAEFNTDICES
peers despite the provision of targeted instruction may receive additional Tier I instruction or
may be considered for more intensive interventions at Tier II.
Tier II. Strategic: Targeted Short-‐term Interventions
In Tier II, supplemental instruction is provided to those students who exhibit a poor response to
the targeted instruction provided through Tier I. Tier II intervention is provided in addition to,
and not in lieu of, core instruction and can be delivered through an individualized problem-‐
solving approach and/or a standard treatment protocol. (Note: Schools in Program
Improvement are required to follow California State Board of Education [SBE] approved
intervention regulations.) (See Figure 1.)
A problem-‐solving approach allows school teams to design individualized interventions to
address the specific needs of each student. A standard treatment protocol uses a set of
research-‐based practices to provide interventions in a systematic manner with all participating
students who have similar needs. Such interventions are generally highly structured and have a
high probability of producing positive results for large numbers of students.
Tier II supplemental interventions may be discontinued for students who improve in critical
academic/behavioral measures as a result of the intervention. Some students may exhibit
progress but continue to need Tier II supplemental supports. Those students who fail to display
meaningful progress in spite of supplemental supports are considered for more intensive
interventions in Tier III.
Tier III. Intensive: Interventions with Increased Intensity
In Tier III, students receive a greater degree of intensive interventions. Modifications in
frequency, duration, or teacher-‐student ratio or all three are strategies to increase intensity.
SBE-‐approved intervention programs based on research may serve as the core curriculum for
students in this intensive level of intervention at fourth grade and above. As in Tier II,
interventions are provided flexibly depending on the school site resources and careful blending
of all interventions.
Throughout the implementation process of RtI2, it will be important for the district to ensure
that each staff member understands the definition of systematic change and is able to identify
each member’s role in the RtI implementation process. In September of 2009, the California
Department of Education issued a document titled Determining Specific Learning disability
Eligibility Using Response To Intervention and Instruction RtI2 which provides guidance to LEAs
using RtI2 and describes the collaboration process among all staff members. This document
outlined the components of organizational change and defines each staff member’s role and
responsibilities at the district level and school site level as follows:
Components of Organizational Change
An RtI2 approach, with its focus on student outcomes and quality instruction, increases
accountability for all learners. Systemic change at the district, site, and classroom levels that
impacts instruction, intervention, and identification is necessary due to the focus of RtI2 on
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APPENDDRICAEFST
prevention that begins in the general education classroom. A system implementing
RtI2 promotes collaboration and shared responsibility for the learning of all students across all
personnel and programs located in a given school (general education, teachers of English
language learners, Title 1, special educators/related services providers, administrators, and
parents).
Changing a school involves changes at the district level and the school site level. There are
unique aspects of an RtI model at the secondary level that will require careful planning and
articulation.
District Leadership
Administrative support should accompany the implementation of an RtI2 approach. This support
and commitment should be articulated to the staff along with financial resources necessary to
provide:
• Training
• Data collection tools
• Materials
• Time for collaboration
Administrators should build awareness and understanding of the RtI2 process in their schools as
well as ensure training that defines the RtI2 process, best practices for implementation, and the
change in school culture necessary for success. Staff will understand how RtI2 relates to the
mandates of No Child Left Behind (NCLB) and the Individuals with Disabilities Education Act
2004 (IDEA).
Administrators should ensure frequent progress monitoring of student learning and behavior,
which is central to a well-‐designed RtI2 process. Thus, it is essential to have a cost-‐effective and
efficient data collection procedure that everyone can understand, access, and effectively use.
Administrators responsible for curriculum at the district level are ideally suited to work with
staff members on the selection of research-‐based materials that need to be in place across all
instructional programs. The California Department of Education (CDE) has a list of, scientific,
research-‐based curricula adopted by the California State Board of Education (SBE) in the area of
reading. Districts are mandated to use one or some of these published materials in their general
education classrooms. Most, if not all, of these published reading programs have supplemental
materials that may be used with students who are in need of additional support.
The district superintendent and school site administrators should provide guidance, adequate
time, and support necessary to allow for ongoing collaborative teaming. This may involve a
review of the caseload responsibilities for counselors, reading specialists, speech-‐language
pathologists, psychologists, special educators, and paraeducators to accommodate their
changing roles from individual instruction and evaluation to additional professional roles in
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DARPPAEFNTDICES
collaboration, consultation, and modeling. Teams of educators and support staff (within and
across grade levels) are responsible for reviewing student progress data and making
recommendations for instructional practice.
School Site Leadership
The following core concepts of the RtI2 approach should be in place at the school site level in
order for implementation to be successful:
• Implement scientific, research-‐based instruction and intervention.
• Conduct ongoing monitoring of progress that increases in frequency as students
demonstrate greater educational need.
• Utilize data derived from multiple sources, including curriculum-‐based
assessment, to inform instruction and intervention.
• Conduct staff development concerning the implementation of RtI2.
• Provide information to parents about the RtI2 process.
School site administrators provide leadership in all levels of the RtI2 process. They:
• Participate in and provide leadership to school site level teams within and across
grade levels.
• Provide for the analysis of school-‐wide and grade-‐level trends.
• Support the RtI2 approach in the school community and with parents.
• Provide support for assessment and instruction at all levels of intervention.
• Ensure the fidelity of instructional delivery through monitoring.
School site leadership teams:
• Examine school-‐wide trends in behavior and academics that impact student
growth.
• Develop a combined targeted intervention and problem-‐solving/decision-‐
making process to address individual student needs.
• Support ongoing professional development.
• Provide a collaborative systemic approach for the analysis and use of student
data.
• Provide a collaborative systemic approach to using scientific, research-‐based
interventions found to be effective with students in the school.
Classroom teachers and support personnel will be part of department teams that
analyze:
• Progress-‐monitoring data to adjust instruction
• Instructional targets in the instructional planning process
• Data from shared assessments
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• The fidelity of instructional implementation
• Individual student instructional needs, such as the need for more intensive
instruction
All members of the school staff come together in an instructional delivery approach that uses
data-‐based decision making through a problem-‐solving process involving school professionals
and parents. This process involves supports for struggling students in the general education
classroom first and careful analysis and communication of the data by the school site teams
(within and across departments). Those teams will use data to make decisions about the
application of interventions, including their intensity and duration across multiple tiers of
intervention. All decisions are driven by data, including decisions such as effective instructional
techniques, behavioral supports, appropriate early intervention services, use of research-‐based
strategies, movement between tiers, and when to refer a student for additional assessment.
New and Expanding Roles
School personnel will play a number of important roles in using RtI2 to provide needed
instruction to struggling students as well as assist in identifying students with learning
disabilities. These new and expanding roles will require some fundamental changes in the way
all educators engage in assessment and intervention activities. Titles may remain the same, but
some roles will change in this unified system. Emerging roles may include data managers, team
leaders, data specialists, diagnosticians, and intervention specialists.
Administrators
It is essential to recognize the importance of leadership in effectively implementing the system
changes that an RtI2 process requires. Administrators will have a critical role in the planning,
implementation, and successful use of the RtI2 process. School site administrators will need to
determine the necessary roles and competencies, existing skill levels, and professional
development requirements at their sites in order to provide relevant and ongoing training
activities and effectively implement RtI2.
Additionally, administrators will have to conduct a systematic assessment of the fidelity and
integrity with which instruction and interventions are being provided. Working with educators,
administrators will develop and utilize protocols for the assessment of fidelity and integrity of
instruction and programs for individual students. Administrators will take responsibility for
supporting ongoing professional development. The school site administrator assumes an active
leadership role on the school site teams that review individual student progress and determine
effective interventions. The administrator will ensure that adequate time is allocated for the
planning, implementation, and review of the RtI2 process.
At the district level, superintendents and school boards should be supportive of the changes
necessary to implement an RtI2process. Effective RtI2 implementation will require financial and
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human resources that will support the professional development and staffing necessary for
successful implementation.
Curriculum administrators at the district level can assist with the selection of scientific research-‐
based instructional and intervention materials; develop district-‐level training for principals,
educators, and support providers; and ensure the fidelity and integrity of instruction in the
classroom.
General Education Teachers
Successful implementation of RtI2 depends on a unified approach to instruction that is
supported by everyone in the school. (As schools and districts create and implement
RtI2 processes, general education teachers will be involved in supporting the learning of all
students.) A key focus of support emphasizes prevention through early intervention.
RtI2 increases opportunities for teacher collaboration with other members of the educational
team and brings timely and relevant supports into classrooms.
General education teachers will work in site-‐level teams (within and across grade levels) to
identify specific student needs using data to make informed decisions that guide instruction for
each student. Those teams will use data in an ongoing process for strategic student intervention
groupings. Academic and/or behavioral data, collected by grade-‐level teams, is analyzed
throughout the RtI2process to measure a pattern of response to high-‐quality interventions.
Special Education Teachers
Special education teachers have unique skills that can be used to enhance the learning of all
students. With an RtI2 approach, special educators will have increased opportunities to work
with colleagues and students in many different settings. Special education teachers will work as
members of site-‐level teams (within and across grade levels) to identify specific student needs
by using data to make informed decisions that guide instruction for each student. Special
education teachers will use their specialized knowledge to individualize instruction, build skills,
and recommend programs that will meet the needs of individual students.
The student’s progression through interventions may suggest the need for more individualized
instruction, behavioral intervention, and/or learning supports than are available in the general
education curriculum/setting. Special education teachers will be part of a comprehensive
evaluation team that gathers student data in order to determine eligibility for special education.
Special education teachers working with students identified as having a learning disability and
needing special education services will engage in ongoing assessment of those students in order
to adjust instruction accordingly.
Speech-‐Language Pathologists
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Speech-‐language pathologists (SLPs) can play a number of roles in an RtI2 process and provide
needed supports to students in both general education and special education settings. The roles
will require some fundamental changes in the way that SLPs engage in assessment and
intervention activities. SLPs should expand their practice to incorporate prevention and
identification of at-‐risk students who could benefit from speech and language-‐based
interventions as part of the RtI2 process at the school.
SLPs have expertise specifically in normal, delayed, and disordered development of speech and
language skills, which are key to academic and behavioral difficulties. RtI2 is specifically intended
to assist students with academic challenges in literacy as well as behavioral difficulties. The SLP’s
knowledge of literacy and language-‐based issues can provide needed and necessary assistance
to struggling learners who require intervention but may not be disabled. In an RtI2 model, SLPs
will provide both direct and indirect services to the school team and to students with those
types of challenges.
By working both inside and outside the special education system, SLPs can contribute to the
overall school program. Some SLPs are using the RtI2 process to provide speech-‐only
interventions to students with single-‐sound articulation difficulties and to provide specific
interventions to students in need of such services. More specifically, the SLP’s expertise will be
most beneficial to schools and students in the areas of oral language development, academic
literacy, and social skills training.
SLPs are qualified to contribute in a variety of ways in pre-‐referral interventions, system-‐wide
program design, assessment, intervention, collaboration with colleagues, and directed support
of students. They offer expertise in the language basis of literacy and learning, experience with
collaborative approaches to instruction/intervention, and an understanding of the use of
student outcomes data when instructional decisions are made.
School Psychologists
School psychologists can offer expertise at many levels, from system-‐wide program design
through specific assessment and intervention efforts with individual students.
School psychologists help develop, implement, and evaluate new models of service delivery.
School psychologists will support the implementation of evidence-‐based intervention strategies,
progress-‐monitoring methods, problem-‐solving models, evaluation of instructional and program
outcomes, and ecological assessment procedures, directly and indirectly. Their training in
assessment is useful to the implementation of technically sound screening and progress-‐
monitoring procedures and the appropriate use of such data. School psychologists also have
knowledge regarding program evaluation and understanding of research methods, which will be
useful in the development, implementation, and evaluation of evidence-‐based interventions.
Their knowledge of child development, behavior, and principles of learning, coupled with their
consultation skills, enables them to be effective members of intervention teams.
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In addition to working with other school personnel to consider programmatic options, they plan
and conduct comprehensive evaluations to determine eligibility for special education services
and the educational needs of the students they serve.
School Counselors
School counselors bring several important skills to the RtI2 process. They have a unique central
position in the school in that they are involved with the whole school experience/environment.
They are aware of the totality of programs and interventions in their school and have ongoing
relationships with all the teachers, students, and parents on their caseloads.
The school counselor has skills in communication/consultation that are critical to an effective
RtI2 process. They can act as catalysts to facilitate the RtI2 process. School counselors’ skills in
collaboration, problem solving, and consultation will be needed to maintain focus on student
needs and the development of effective interventions.
The school counselor’s knowledge of child development and the field’s emphasis on working
with the whole child will be invaluable in developing research-‐based interventions in the area of
social–emotional learning.
Paraeducators
Paraeducators play an important role in the delivery of interventions to students. As one of the
providers of research-‐based interventions, paraeducators assist general and special educators in
providing supplemental and specialized instruction to students. With direction and support from
the school-‐wide team effort, paraeducators work with students in small groups and, in some
cases, one-‐on-‐one to provide research-‐based interventions and individualized instruction. They
collaborate with other school personnel, such as general education teachers, in data collection
and analysis. They perform classroom observations in order to provide relevant information
regarding student performance and behavior. Paraeducators participate on school site teams
that analyze academic and behavioral data and make decisions. Progress monitoring will
measure patterns of response to interventions resulting in positive student outcomes.
Parents and Caregivers
Parent engagement is a key component of a strong RtI2 process. Active involvement of parents
contributes greatly to improving student outcomes. Parents should be engaged in all aspects of
RtI2. Schools need to inform parents in their native language and/or mode of communication of
the RtI2 process and ensure that they understand how data will be gathered and used. Parents
should be encouraged to actively participate in the RtI2 process and regularly informed of how
their child is responding to interventions. Parents should also have an opportunity to make
suggestions and receive access to written intervention plans with details about how the school
is helping their student.
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Professional Development
Effective implementation of an RtI2 process requires that professional development needs are
examined so that administrators, teachers, support personnel, and paraeducators possess the
requisite skills to implement effective RtI2. Successful implementation of RtI2 depends on the
ability of all educators, including paraprofessionals and other specialists, to use RtI2 practices
reliably and with fidelity. The reliability and validity with which RtI2 practices are implemented
will be determined, to a great extent, by the quality of both the pre-‐service and in-‐service
professional development models used to translate research into effective practice. In-‐service
professional development needs to occur both within and across administrative structures at
the state, district, and site levels.
In a tiered intervention model, teachers should implement a wide variety of instructional
strategies and conduct ongoing assessment of student progress as a part of their instructional
practice. When an effective RtI2 program is implemented, professional development decisions
should be linked to ongoing assessment and student need. Subsequent professional
development should be geared toward meeting these identified needs. Teachers will be
challenged to examine current practices, hone existing skills, and acquire new knowledge and
skills to ensure high-‐quality targeted instruction. An emphasis on early intervention for
preventing school failure is part of an RtI2 approach.
It is vital to offer continuing, job-‐embedded professional development that addresses relevant
areas essential to effective implementation of RtI2 and improved student outcomes. Teachers
should have opportunities to participate in focused, quality, ongoing professional development
relating to RtI2 processes, procedures, and practices. Based upon identified need, key training
issues should include:
• The effective use of screening tools to identify those students who may be at risk of
learning difficulties
• Data analysis skills related to screening and placement
• Targeted instructional strategies related to data analysis
• Research-‐based instructional practices
• Differentiated instruction for a diverse classroom
• Ongoing curriculum-‐based data collection and analysis
• Evidence-‐based intervention strategies for both academic and behavior issues
• Progress-‐monitoring processes and procedures
• Problem-‐solving methods to facilitate instructional decisions based on data
• Professional collaboration skills
• Appropriate use of accommodations for students with disabilities
• School-‐wide and individual behavior management and intervention strategies
• Intensive intervention program training
• Standards-‐based Individualized Education Program (IEP) implementation
• Effective inclusion of students with disabilities in a tiered intervention model
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All teachers and specialists involved in providing instruction to students should have the
opportunity to participate in ongoing, job-‐embedded professional development that will
support effective research-‐based instruction with the RtI2 approach. The California Legislature
has created funding for teachers and instructional aides or paraprofessionals teaching math and
reading or directly assisting with instruction in math or reading to receive intensive training on
the use of the SBE-‐approved core curriculum (EC 99230 et seq.). Special education teachers and
paraprofessionals who provide instructional support to students in the core curriculum should
also be included in this training along with their general education colleagues. All educators
should be trained in the district-‐adopted intervention program in order to effectively meet the
needs of students in the tiered intervention model.
Conclusion
Effective RtI2 implementation is based on the belief that everyone is responsible for student
learning. The instructional activities, assessment, data gathering and analysis, documentation,
and collaboration required for RtI2 implementation will create new challenges for all education
professionals. All educators will need to compile relevant assessment data through continuous
progress monitoring and respond appropriately to the findings. School site teams will design,
interpret, and assess data as well as suggest instructional approaches. By providing more
intensive interventions, educators will utilize a variety of scientific, research-‐based methods and
materials. Administrators will determine needed roles and competencies, existing skill levels,
and professional development requirements in order to provide relevant and ongoing training
activities in these critical areas.
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Appendix H
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