Working for children with exceptional needs

By Joaquin J. Rivera

Response to questions from the Berkeley Special Education Parents Network

My brother (five years younger) has cerebral palsy. Growing up I went with him to many of his therapy sessions, doctor appointments and meetings and gatherings of families of children with special needs. Through these experiences and interactions I was exposed to children with a variety of needs and became very sensitive to their issues and needs. I have seen first hand how students with special needs can thrive and succeed if they are provided the necessary support. Throughout my tenure on the Board I have paid close attention to the area of special education and, as a Board member, I am committed to the successful implementation of a more inclusive model to better serve the needs of all students.

2. Despite a BUSD value that "celebrates diversity," children with special educational needs are singled out as a group that "encroaches," or trespasses, upon the resources of students who do not have disabilities. How would you help heal a system that values diversity yet sometimes still targets a special population?

We all have a lot to learn about really including and interacting with those who are different from us. Because of my personal experiences with disability, I have closely followed the work of the Special Education Task Force and the changes that we are making in Special Education. Thankfully, we are spending far less time in legal battles and far more time in delivering services. I know we have a long way to go but I expect to see continued evidence that trust is building between staff and parents and that our student services and special education departments are actually making the changes that we have promised.

3. The School Board unanimously authorized an independent program evaluation of BUSD Special Education, which was completed in June 2003. The consultants' report with recommendations and timelines was delivered October 2003 and was well received at Board presentation. More than a year has passed since the evaluation. How will you ensure accountability so that implementation of recommendations gets on track and measured progress is made?

The District has started the implementation of the inclusive model recommended in the Gee-Ketelle report. Unfortunately, not all schools were ready to commit to the new philosophy and have their program changed this year. The special education department still has a lot of work to do to have all the schools on board with its new philosophy of full inclusion. Although only a few schools are piloting this new program, we are making changes district wide to improve the services we provide for all students: we are providing GLAD training and other professional development for teachers and IA's, have modified the CAT process and the bidding system for IA's, etc.

The report provides goals and activities as well as a timeline for implementation. I have requested the Superintendent to provide the Board progress reports, which include data, at least twice a year on the implementation of this new model. This will allow the Board and the community to see the progress made, ensure that we are on track and meeting the timelines, understand the obstacles faced and determine what changes must be made to make this model successful. I have also asked that these reports be added to the list of organizational performance indicators that are included on every Board agenda.

Finally, one of the goals that the Board has set for the Superintendent this year is the reform of the special education department and the successful implementation of the inclusive model recommended on the report. This will be reviewed during the superintendent's evaluation at the end of the year and she will be held accountable for the progress (or lack of) made on the implementation of the recommendations on the report.

4. Stakeholders voice significant concern over a lack of district-wide staff training. Disability, and the experience of students with disabilities, is not well understood. Competence in the use of educational tools and practices that research shows leads to achievement, success and independence of students with more complex challenges, is spotty in the district at best. What plans do you have to grow the BUSD capacity to educate students with disabilities more appropriately?

The success of the new model requires a change in the culture across the district. The whole school staff must take responsibility for the education of all students. Staff will have to overcome fears and prejudices and learn how to deal with the needs of all students. For this to be successful, we must provide effective staff development, which must include modeling of and coaching on best practices. Each site needs to prioritize their training needs and develop a staff development plan to guide training decisions and budget allocations for professional development. This must be part of the school site plans. In addition, the special education central office personnel must provide adequate expertise and support to staff at the sites.

An example of progress being made in this area is that on the next District wide staff development day the paraprofessionals will be involved in training related to best practices for supporting all students in the classroom, including, academic and behavioral interventions. The paraprofessionals that serve students with high level medical needs will be trained in CPR.

5. The 30-year-old federal law, the Individuals with Disabilities Education Act (IDEA) guarantees students a Free and Appropriate Education (FAPE) in the Least Restrictive Environment (LRE). No Child Left Behind (NCLB) adds additional emphasis on increased access to a quality education for all children.

Do you understand IDEA as a Civil Right? Yes.

What does LRE mean to you? To minimize restrictions on the inclusion of students in the educational experience. There should be no special day classes or children labeled "special day" or "full inclusion". Schools should be inclusive and students should be assigned to general education classrooms where they will receive the support they need to be successful. This will help all students.

What steps will you take to ensure that the BUSD fully understands and complies with laws protecting the educational rights of children with exceptional needs? I will continue my efforts to familiarize myself with the educational rights of children with exceptional needs and measure our performance against them. Specifically, I have learned a lot about the actual experience of students and families in our district from reading BSPED and the Special Education Task Force notes and announcements. I will continue this reading and also continue to read and review documents from our Special Education Department, which inform me of problems and new initiatives such as our changing emphasis on using the SST process to support all students. I am watchful regarding the renewal of IDEA at the Federal level and very concerned about full funding of the Federal share. Last February I went to Washington D.C. with other school board members to talk with members of the Bush administration and members of Congress about the re-authorization of the IDEA and the federal government's obligation to fully fund their 40% commitment so we can improve the quality of the services we provide at the local level.

6. Students with special educational needs have long lived on the very fringe of our educational community. Many of our 900+ special education students are segregated from their non-disabled peers throughout all or much of their school day. These children too, are part of the world. What steps will you take to create a culture whereby all children feel welcome at any school, feel they truly belong, that their education matters, and that access to abundant opportunities for personal growth, friendship and typical school life are ensured for them?

I believe that the culture of an organization is affected from the top. I share the dream that all children will feel they truly belong and the belief that every child's education matters and my actions are guided by these shared values and beliefs. As I have mentioned before, I fully support an inclusive model for our schools and am committed to making this a reality. Opportunities to influence the culture of the district come up continually as I do my job, for example when I help to re-shape labor agreements as I did this year as a part of the District's bargaining team, or authorize legal settlements, approve budgets, develop and amend policies, or approve programs. In all of these instances, my actions and decisions are informed by these shared values.

Finally, at the candidate's forum last week I indicated that I would follow up on the status of the bidding system for IA's. We agree that how the IA's knowledge, skills and abilities match the needs of our students should be the determining factor in making assignments. The District tried to get rid of the bidding system during the last round of negotiations. Although we were not completely successful, we were able to modify this process to better meet the needs of our students. I asked staff to explain the new system. What follows is the explanation I received: "We have a "hybrid" assignment process that considers the IA's requests as well as their skill, ability and experience. The assignment process took place on August 17, 2004. During the assignment day, Special Education Instructional Assistants were all advised about the requirements of the "open/vacant" positions. Each employee to be assigned sat with the special education program supervisors to discuss positions and each instructional assistant's experience and training. Assignments were made based on skill, ability, and experience and programmatic/student needs. After the assignment process took place there were still some vacant potions that needed filling due to attrition. A few Instructional Assistants did not attend the assignment process so they were assigned to vacancies first after discussion with the Program Supervisors on where they could be placed based again on their experience, etc."

Regarding the draw of straws: "At one point there were still approximately three open positions which required the District to pull back 3 laid off employees. The contract requires that employees must be recalled to a classification based on seniority. We had six Instructional Assistants laid off with the same seniority date. Tina contacted all six. Only five of them were interested in returning to the District. Under the contract, laid off employees with the same classification and the same seniority date must draw lots for positions. With the union present as well as a program supervisor from special education, Tina had all five laid off employees draw straws for the three available positions." I hope this is explanation was useful. It is our intention to continue negotiating modifications to this process to completely get rid of the bidding. If you have any questions, comments or concerns, please do not hesitate to contact me.

Thanks, Joaquin