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Can you believe the summer is almost gone!
CASE
This has been another very busy week for CASE! CASE authored a letter to Assistant Secretary Michael Yudin, Office of Special Education and Rehabilitation Services in response to a letter by the Consortium for Citizens with Disabilities sent on June 30, 2015. We have heard from many of our members and we have always believed it is better to be descriptive of educational needs as opposed to labeling with specific diagnoses. To read the letter from CCD, click here. To read the CASE response, click here. We were pleased to have the National School Boards Association, AASA, National Association of State Directors or Special Education, Association of Educational Service Agencies, Learning Disabilities Association of America, National Association of School Psychologists, National Education Association, and the National Rural Education Association all join in as signatories on our letter. We will keep you informed on any follow up we receive.

Speaking of taking action... The National School Boards Association is filing an amicus brief in a case that has potential implications for the personal legal liability of mandatory reporters of child abuse. As you know, all states require most, if not all, school personnel to report known or suspected child abuse to the proper authorities. To encourage timely reporting, these laws provide immunity from civil and criminal liability in connection with making a good faith report. The U.S. Court of Appeals for the Sixth Circuit in a case called Wenk v. O'Reilly has recently held that a school administrator is not entitled to qualified immunity from a claim of First Amendment retaliation brought by the parent named in the report as the suspected abuser. The parent brought the claim in federal court, asserting that the administrator had filed the report in retaliation for his forceful advocacy for his daughter who received special education services from the district. The Sixth Circuit ruled that mandatory reporters are not shielded from such claims and may be held personally liable if there is any evidence of retaliation even though the reporter has reasonable grounds to suspect abuse and is required to notify proper authorities under state law. In other words, a mandatory reporter acting in compliance with state law may be sued in federal court by the suspected abuser. The school administrator in the case is seeking review by the U.S. Supreme Court.

NSBA plans to argue that the High Court's review and reversal of the decision made by the Sixth Circuit Court of Appeals is critical to maintaining the important role school personnel play in reporting suspected child abuse. State law immunity exists precisely to protect mandatory reporters who act in good faith when reasonable grounds exist to suspect abuse, regardless of whether the report results in substantiated findings by child protective services or law enforcement agencies of abuse. There are many other education associations joining NSBA; along with CASE, we know of NASP, and NASDSE. We know students with disabilities share a higher percentage of abuse than the general population and any deterrent to the mandatory reporting protection will hurt our most vulnerable citizens!

And yet another opportunity! With the fall seems to always come one more opportunity to plead with Congress to take care of Sequestration! CASE has been signing on to the NDD United Coalition's letters to Congress from the very first one. Many of our subdivisions have also signed on to the letter and encouraged other state organizations to do so. I have sent out that call for the newest letter this past week so make sure your subdivision and other state associations follow through on signing the letter! It is not for individuals, only for associations but you as an individual can and should contact your representatives and Senators and tell them to "fix" sequestration! With your Congressional delegation home on recess, now is the perfect time to talk to them about Sequestration. Invite them to your schools to see your programs/students/teachers if you are already back in school ... if not, maybe you could have an "event" at your schools and bring some of the students in. It is always harder to cut funds when there are faces attached to them!

Last Week's Poll asked, "Which of these political issues are impacting you the most now or you anticipate they will in the future?" and of those answering the poll, 43 percent said Restraint and Seclusion. There was a three way tie at 14 percent between Teacher Certification, Related Service Providers certification, and Standardized Assessment for students with disabilities. Funding came in at just 7 percent! Are you surprised at these numbers? We would love to hear what solutions you would like CASE to work towards in these areas! Contact Our policy and legislative chair, Phyllis Wolfram or me with your issues and solutions!

PS ... Remember, CASE has a great Lucky 21 on Restraint and Seclusion that is especially helpful in explaining the issues to Board members, superintendents, principals, etc!

Thanks for all you do all the time to make sure ALL students succeed!

Signature


Luann Purcell
Executive Director
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Dear Chief State School Officers:
OESE and OSERS
We write to transmit the attached guidance document regarding the inclusion of English Learners with disabilities in English language proficiency assessments under Titles I and III of the Elementary and Secondary Education Act of 1965, as amended. These are assessments designed to measure the progress of ELs in attaining English language proficiency. The Office of Elementary and Secondary Education in the U.S. Department of Education administers the ESEA, and the Department's Office of Special Education and Rehabilitative Services administers Part B of the Individuals with Disabilities Education Act.

Click here to read Questions and Answers Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives.

Click here to read the addendum to Questions and Answers Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives.

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CEC Division for Research 2016 Awards: Call for nominations
CEC via CASE
The following awards are open for nominations. Self-nominations are welcome. The deadline for all award nominations is Oct. 15. Information on previous recipients of each award can be found at: http://www.cecdr.org/.
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Midwest Symposium for Leadership in Behavior Disorders
Conference on Behavior Issues for School Leaders
Oct. 8-9
12604 Quivira Road, Overland Park, Kansas

Midwest Symposium for Leadership in Behavior Disorders
The Conference on Behavior Issues for School Leaders sponsored by Midwest Symposium for Leadership in Behavior Disorders provides evidence-based information for building leadership teams to build positive student behavior and work effectively with difficult students.

Conference features: Vern Jones, Ph.D., author and co-author of books including, "Comprehensive Classroom Management: Creating Communities of Support and Solving Problems", and "Creating Effective Programs for Students with Emotional and Behavior Disorders." Sessions will focus on what school leadership teams can do to support teachers in their work with challenging students. David Bateman, Ph.D., co-author of "A Principal's Guide to Special Education" and "The Special Education Program Administrator's Handbook" will talk about what special education teachers want/need from their school leaders and what administrators need to know about the 504 process.

Contact www.mslbd.org "School Leaders’ Conference" for session descriptions, registration and hotel information. Early Bird discounts are available through Sept. 25, 2015. Teams of 3 or more receive a 15 percent discount. This is a conference you don't want to miss!

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IDEA changes lives: 40 years of parent training and support
U.S. Department of Education
2015 marks the 40th anniversary of the Individuals with Disabilities Education Act. In the same year, the first center to help parents understand IDEA and how to advocate for their children with disabilities was born.
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HHS, Education Department and Too Small to Fail release the 'Talk, Read, Sing Together Every day!' toolkit
CASE
"We know that right now during the first three years of life, a child born into a low-income family hears 30 million fewer words than a child born into a well-off family. By giving more of our kids access to high-quality pre-school and other early learning programs, and by helping parents get the tools they need to help their kids succeed, we can give those kids a better shot at the career they are capable of, and a life that will make us all better off."

-President Obama


During the first few years of life, children's brains develop at a rapid pace, influenced by the experiences they have at home, in their early care and education settings, and in their communities. Their experiences include the quantity and quality of words they are exposed to through talking, reading and singing. Research has found that providing infants, toddlers and preschoolers with rich early language experiences can have important benefits on their brain development and school readiness.

Today, the U.S. Departments of Health and Human Services and Education, in partnership with Too Small to Fail, are releasing "Talk, Read, Sing Together, Every Day!," a suite of resources that can help enrich children's early language experiences beginning from birth. This toolkit is the result of a commitment made at the 2014 White House convening focused on bridging the "word gap."

The suite of resources includes tip sheets for families, preschool teachers, and infant/toddler teachers and caregivers, as well as a fact sheet that highlights the evidence behind the benefits of being bilingual and embracing children's home languages. All tip sheets are available in English and Spanish, and can be downloaded for free at toosmall.org.

We hope you find these resources helpful and share them with your networks!



How safe is the schoolhouse?
Autism National Committee
The updated 2015 edition of How Safe Is the Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies, written by Jessica Butler, has been published by the Autism National Committee. The report describes and examines state restraint and seclusion statutes, regulations, rules, and policies/guidelines in effect as of March 2015.
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Making a shift in the public workforce system
U.S. Department of Education
July 1, 2015, marks the day that many of the provisions of the Workforce Innovation and Opportunity Act take effect. This new law has the potential to make a tremendous difference for tens of millions of workers, jobseekers and students across this country. WIOA's transformation of our publicly-funded workforce system means that all of us — federal and state partners, governments, nonprofits and educational and training institutions, must be pressing for innovations.
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The Raising of America
OSERS Office of the Assistant Secretary
The screening for The Raising of America early childhood documentary was a great success! We had a strong turnout for the event with over 100 participants, including many online. Our panelists, Libby Doggett, Linda Smith and Christy Kavulic, led a lively discussion about the state of early childhood education in America and how the Administration is working to address the most critical issues faced by families with young children. Thank you to all who joined us to view The Raising of America documentary. If you missed the screening, you can view it on EDSTREAM until July 31.

To learn more about The Raising of America, you can also visit the website at: http://www.raisingofamerica.org/documentary.

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Bridging the gap between educators and policy experts
The Teacher Voice Project
From NCLB to IDEA to FERPA, we see the impact of decisions by Congress on a daily basis in our schools. Too often, the voices of teachers and administrators are absent from the table when these momentous decisions are made, though their wisdom and experience are imperative to making them work. For those who are interested in joining the policy debate at the state or federal level, a new report (Teacher Voice: The Current Landscape of Education and Policy Expert Communication) may help. Through case studies and survey results, it explores how educators and policy experts currently communicate and offers tips for teachers and administrators hoping to get more involved in policy discussions.
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  FEATURED COMPANIES
504 Management System for Schools
How can you be sure you are effectively managing your district’s 504 data and documentation? What if
there was a better way? There is
Caselite
A web-based system that addresses the challenge of intervention scheduling in the schools. It's designed for anyone who needs to schedule and document interventions. MORE


A matter of equity: Preschool in America
OSERS
All parents hope their child will start school ready for success. Unfortunately, not every parent can find the high-quality early learning opportunity that sets their child up for success.

Recently, the U.S. Department of Education released a new report outlining the unmet need for high-quality early learning programs in America. Roughly 6 in 10 4-year-olds are not enrolled in publicly funded preschool programs, and even fewer are enrolled in the highest quality programs.

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Teacher Educators and Accomplished teachers
Pearson
Pearson is in need of educators to score edTPA! edTPA is designed for the profession by the profession, edTPA was developed by teachers and teacher educators from across the nation, in collaboration with faculty and staff from Stanford University, to support candidate learning and preparation program growth and renewal. Aligned with the Common Core State Standards and InTASC Standards, edTPA assesses teaching that promotes student learning in diverse contexts.
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50 Ways to Test: A look at state summative assessments for 2014-2015
Education Commission of the States
Has the frenzy around Common Core State Standards impacted decisions on which state summative assessments are being administered this year? That's the question on many minds as we approach spring testing time. As many states began adopting college and career ready standards, such as the Common Core State Standards, there became a subsequent need to develop new summative assessments — tests that measure the new skills and knowledge outlined in the new standards.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Schools warned on speech services for students with autism (Disability Scoop)
Education Department celebrates ADA's 25th anniversary (Education Week)
Digital literacy yields test gains, better behavior (District Administration Magazine)
A song of loneliness, empathy and action (By: Howard Margolis)
No Child Left Behind's one big achievement? (The Atlantic)

Don't be left behind. Click here to see what else you missed.


CEC Policy Insider


House, Senate educations leaders discuss efforts to replace NCLB
CEC Policy Insider
House Education and the Workforce Committee Chairman John Kline, R-Minn., Senate Health, Education, Labor and Pensions Committee Chairman Lamar Alexander, R-Tenn., Senate Ranking Member Patty Murray, D-Wash., and House Ranking Member Bobby Scott, D-Va., met recently to discuss proceeding with a conference committee to resolve differences in the House- and Senate-passed bills to replace No Child Left Behind.
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Accessibility of Computers and Websites-Automated Personalization Computing Project
CEC Policy Insider
OSERS recently announced a new funding opportunity, the Accessibility of Computers and Web Sites through an Automated Personalization Computing Project, to create the infrastructure we need to make it easier for any person of any age with any disability to more easily use any Web enabled device at school, at home, at work or in the community.
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Message from US Secretary of State John Kerry on the ADA Anniversary
CEC Policy Insider
"America leads on disability rights by example, but we must advance them internationally," says U.S. Secretary of State John Kerry, in The Americans with Disabilities Act Turns 25: Now We Must Work for Global Equality.
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Senate passes Hatch, Murray bipartisan resolution commemorating Americans with Disabilities Act Anniversary
CEC Policy Insider
Recently, the U.S. Senate passed a bipartisan resolution from U.S. Senators Orrin Hatch, R-Utah, and Patty Murray, D-Wash., to commemorate the 25th Anniversary of the Americans with Disabilities Act, which was signed into law on July 26, 1990.
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Policy Insider on vacation during August recess
CEC Policy Insider
With the U.S. Congress entering it's August recess, the Policy Insider will be taking a brief summer vacation. The next issue of the Policy Insider will be Sept. 16.


Hot Topics: Subject line featured story

Learning to embrace a child's unique potential
By: Jane Schoenfeld
Transition is all the rage, and it should be. But what do you do with a kid who doesn't fit neatly into any of the categories? What do you do with any kid in fact? They're all individuals with different strengths and challenges. My daughter has multiple medical conditions, no physical disabilities, many learning difficulties and a PDD-NOS diagnosis, which puts her on the autism spectrum. She graduated from high school with a full diploma and spent two years in college before she decided it was just too hard and not clearly enough structured. So, what to do?
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Legislation


Arne Duncan on accountability in ESEA reauthorization
Education Week
U.S. Secretary of Education Arne Duncan may only have eighteen months left in office — but they're critical months when it comes to the reauthorization of the Elementary and Secondary Education Act. The House and Senate each passed bills that take aim at the Obama administration's K-12 priorities when it comes to teacher evaluation, standards and more. While the Republican-backed House bill was somewhat of a lost cause, the administration couldn't secure much of its ask-list in the Senate bill — particularly when it came to beefing up accountability — before it passed with big partisan support.
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In the News


Words of praise provide special benefit to students with ADHD
PsychCentral
Interesting new research finds that positive reinforcement is especially beneficial for children with attention deficit/hyperactivity disorder. Although it was known that praise improves the performance of children with ADHD on certain cognitive tasks, experts were unsure if the results were due to enhanced motivation or because ADHD kids had greater room for improvement. University of Buffalo researchers discovered a little recognition for a job well done means a lot to children with ADHD, more so than it would for typically developing kids.
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What's keeping administrative license holders from becoming school leaders?
By: Dr. Sheri Williams
Reports of the shortage of applicants for school leadership positions are well-known. The authors of "Churn: The High Cost of Principal Turnover" say a quarter of the country's principals will leave their schools each year, and nearly 50 percent will leave in the third year. Missing from the reports is an analysis of why individuals who already hold an administrative license are not applying for vacant principal positions.
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New study: Picky eating may suggest ADHD, depression or anxiety
ADDitude Magazine
A new study published in Pediatrics has found an association between eating habits and neurological conditions. The researchers, who interviewed parents of 917 children ranging in age from two to six over the course of three years, found a connection between moderate selective eating — indicative of those choosy eaters we mentioned — and symptoms of conditions including anxiety, depression, and ADHD. Children who exhibited severe selective eating — such strict food preferences they have trouble eating away from home — were found to be seven times more likely to be diagnosed with social anxiety, and twice as likely to become depressed.
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Movement tracking technology sheds light on different speech disorders in children
New York University via Science Daily
Facial motion capture — the same technology used to develop realistic computer graphics in video games and movies — has been used to identify differences between children with childhood apraxia of speech and those with other types of speech disorders, finds a new study.
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Redefining special education with dancing robots and Google hangouts
EdSurge
"Inclusion" is defined as the practice of educating all children in the same classroom, including children with physical, mental and developmental disabilities. IDEA (or the Individuals with Disabilities Education Act) mandates that special education students receive a free and appropriate education from the ages of 3 to 21, depending upon the state interpretation of the policy. In 1975, IDEA mandated that special education students be placed in their least restrictive environment. But that's difficult to do with limited resources and budgets. That is, until digital technology swept into schools.
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Music therapy classes welcome students with disabilities
Deseret News
The two boys at Harmony Road Music School banged on the drums, shook rain sticks and rattles, and tried to pick out tunes on the piano. If it didn't resemble a typical music lesson, that's because it wasn't. Instructor Madison Whelan's musical games were meant to help the students develop skills that can be used outside of music, such as impulse control and communication. "They don't know they're working on anything other than just playing for fun," Whelan said recently.
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Federal Announcements


OSERS Notices

Office of Assistant Secretary (OAS)

The following Notice of List of Correspondence From April 1, 2014 Through June 30, 2014 and July 1, 2014 Through September 30, 2014 was published in the Federal Register on Monday, July 20, 2015.

Summary: The Secretary is publishing the following list of correspondence from the U.S. Department of Education (Department) to individuals during the second and third quarters of 2014. The correspondence describes the Department's interpretations of the Individuals with Disabilities Education Act (IDEA) or the regulations that implement the IDEA. This list and the letters or other documents described in this list, with personally identifiable information redacted, as appropriate, can be found at: www2.ed.gov/policy/speced/guid/idea/index.html.


Rehabiliation Services Administration (RSA) (4 Notices below)

The following Notice of Comment Request: Office of Career, Technical, and Adult Education; Rehabilitation Services Administration; Information Collection for the WIOA Performance Management, Information, and Reporting System (OMB Control No. 1205-0NEW), New Collection was published in the Federal Register on Wednesday, July 22, 2015.

Summary: The U.S. Departments of Labor and Education (the departments), as part of their continuing effort to reduce paperwork and respondent burden, are conducting a preclearance consultation to provide the public and Federal agencies with an opportunity to comment on the proposed collection of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, the Departments are soliciting comments concerning the collection of data for the WIOA Performance Management, Information and Reporting System (OMB Control No. 1205-0NEW). The data collections included in this reporting system fulfill requirements in WIOA Sec.116(d)(1) for the development of report templates for the State Performance Report for WIOA core programs, the Local Area Performance Report, and the Eligible Training Provider Report. Previously, a supporting statement was provided for this data collection under OMB Control No. 1205-0420, which was made public on April 16, 2015. The sole difference between the aforementioned supporting statement and the subject of this notice is that OMB Control No. 1205-0NEW does not include the non-WIOA related, currently cleared burden.

Dates: Click here to submit written comments to the office listed in addresses the on or before Sept. 21.


The following Notice of Applications for New Awards; American Indian Vocational Rehabilitation Services — Training and Technical Assistance was published in the Federal Register on Wednesday, July 22, 2015.

Notice inviting applications for new awards for fiscal year (FY) 2015. Catalog of Federal Domestic Assistance (CFDA) Number: 84.250Z.

Dates:
Applications Available: July 22, 2015.
Date of Pre-Application Webinar: July 30, 2015.
Deadline for Transmittal of Applications: Aug. 21, 2015
http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/html/2015-17995.htm


The following Notice of Applications for New Awards; Independent Living Services for Older Individuals Who Are Blind--Independent Living Services for Older Individuals Who Are Blind Training and Technical Assistance Program was published in the Federal Register on Wednesday, July 22, 2015.

Notice inviting applications for new awards for fiscal year (FY) 2015. Catalog of Federal Domestic Assistance (CFDA) Number: 84.177Z.

Dates:
Applications Available: July 22, 2015.
Deadline for Transmittal of Applications: Aug. 21.
http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/html/2015-17996.htm


The following Notice of Applications for New Awards; Rehabilitation Services Administration, Disability Innovation Fund--Automated Personalization Computing Project was published in the Federal Register on Thursday, July 23, 2015.

Notice inviting applications for new awards for fiscal year (FY) 2015. Catalog of Federal Domestic Assistance (CFDA) Number: 84.421A.

Dates: Applications Available: July 23, 2015.
Date of Pre-Application Webinar: Aug. 5, 2015.
Deadline for Transmittal of Applications: Sept. 8.
http://www.gpo.gov/fdsys/pkg/FR-2015-07-23/html/2015-18085.htm
 

CASE Weekly Update
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