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The September '09 edition of Current News in Special Education is now available on PSEA.org.

In this issue:

• Get on the Special Education Bandwagon
• Do We Leave it Up to the Teachers?
• I Want You!
• District Satisfied IDEA Requirements for Special Education Assessment
• Relevant Community Based Work Experience
• Accommodations for ASD Students
• Resources

Educators agree that ensuring quality, affordable health care for everyone in America is vitally important to our nation’s children and families and to our economic future.  As educators, we know the difference health care can make in student achievement.  Students can't learn unless they come to school healthy.

That’s why it’s important that we have the facts, unfiltered and free of spin from special interest groups that benefit financially from the current health insurance system.  The time to reform health care is now.

Fiction: Our health care system works for most people.  We don’t need reform today.

Fact: Nationally, 9 million children lack health insurance of any kind.  If we do not act, premiums and out-of-pocket costs will continue to skyrocket, and 14,000 Americans will continue to lose their health insurance every single day.  Insurance for a family of four costs more than $12,000 on average, and the cost continues to rise much faster than general inflation.  The public overwhelmingly supports reform, and we can’t wait another year.  Congress needs to act now to pass legislation that protects what works and fixes what’s broken.

The majority of NEA members are fortunate to have health insurance, but we know that some Association members can’t afford their premiums and are forced to go without insurance.  Those who currently have health insurance continue to see their costs rise, their choices limited, and level of coverage diminish. 

Fiction: A public health insurance option will drive private health care insurance companies out of business and reduce consumer choice.

Fact: The public health insurance option will compete on an equal footing with the private insurance industry in terms of cost and quality.  The public option will keep insurance companies honest and expand the choice of plans and providers, including one that an employee may currently have through his or her employer, and a public health insurance plan option.  Medicare is a public insurance plan.

Fiction: Individuals who have health insurance will face a tax on their health benefits.

Fact: None of the three proposals in Congress (three in the House and one in the Senate) includes a tax on health care benefits.  NEA is working actively to make sure that Members of Congress understand that taxation of benefits is unacceptable.

Fiction: Health care reform will add a trillion dollars to our national deficit.

Fact: Under the current proposals, health care reform would be fully paid for over 10 years, and they would not add one penny to the deficit (“budget neutral”).  The truth is that the cost of inaction is too high.  Health care spending has grown in recent years three times faster than average wages.  Health care costs are eating into family budgets, forcing families into bankruptcy, making it hard for businesses to expand and grow, and preventing the government from investing in our schools and our infrastructure.

NEA will continue to push for reform that ensures that every person in America has quality, affordable health care coverage.  The Association opposes health care proposals that would tax employer-provided health benefits.  NEA also supports a choice of plans and providers — both public and private.

Contact your Senators and Representative and urge them to reform health care now. 

Learn more about NEA’s position on health care.

DEPARTMENT OF HEALTH RELEASES GUIDANCE ON NOVEL H1N1 INFLUENZA FOR SCHOOLS K-12

Webinars held with school districts statewide in preparation for the upcoming flu season

HARRISBURG – The Secretary of Health today released guidance on Novel H1N1, also known as swine flu, for elementary and secondary schools in an effort to keep kids and staff healthy and flu-free this school year.

“The most important message for parents is that sick children should not go to school. The same applies to teachers and staff. If you are sick, the best place to be is at home,” said Secretary of Health Everette James.

“Pennsylvania schools should take steps to prepare for swine flu this fall and winter because this virus has had a significant impact on children between the ages of five and 19 years. The revised guidance provides recommendations to mitigate the impact of influenza in schools, as well as limit the spread once flu is identified among students or staff members,” James added.

The department’s guidance is compatible with recently released recommendations from the Centers for Disease Control and Prevention (CDC). The guidance is meant to limit the spread of influenza while reducing disruption to schools.

Hand washing, cough etiquette and keeping the environment clean can also significantly help reduce the spread of disease.
The Department of Health is recommending that those who are sick with influenza-like illness should stay home for at least 24 hours after they no longer have a fever and are no longer taking medication to reduce the fever. In most cases of flu, this means three to five days after the onset of illness.

The Department of Health strongly encourages school districts to work closely with local or state health officials to determine the best course of action should an outbreak happen.
The departments of Health and Education are holding a series of webinars with school districts across the state to talk about the new school guidance and to share what is expected this coming school year.

“We will work closely with schools and child care facilities to help them be on the lookout for children showing signs of influenza and have appropriate response measures in place,” Education Secretary Gerald Zahorchak said. “School district officials should also maintain close contact with their local health departments and make every effort to share flu prevention information to families.”

Symptoms of the new influenza virus are similar to those of regular or seasonal flu and include sudden fever and cough with muscle aches, fatigue, and lack of appetite. Many people with this infection also have runny nose, sore throat, and watery eyes, and some also have nausea, vomiting and diarrhea.
Individuals with the flu are contagious to others. It is important to take the following steps to prevent spreading the virus to others:

• Stay home when you are sick to avoid spreading illness to others;
  
• Cough or sneeze into the bend of your elbow or a tissue and properly dispose of used tissues;
  
• Wash your hands frequently and thoroughly with soap and warm water or use an alcohol-based hand sanitizer;
  
• Avoid touching your eyes, nose and mouth;
  
• Stay healthy by eating a balanced diet, drinking plenty of water and getting plenty of rest and exercise; and
  
• Seek care if you have influenza-like illness.

The Department of Health will continue to provide guidance to parents and the schools, including information on the development and availability of the Novel H1N1 flu vaccine, as the influenza season progresses.

For more information on Novel H1N1, contact the Department of Health at 1-877-PA-HEALTH or visit www.health.state.pa.us.

H1N1 Related Links:

Duncan, Sebelius Unveil Recommendations for Schools on How Learning Continues in Case of Flu Outbreak

A Special Message from Jim Testerman

This year's state budget stalemate could have a severe and long-lasting effect on every single PSEA member. That's why you are receiving this message: we need you to help push the Legislature to adopt a budget that benefits public schools.

School districts already have missed their first state payment for the 2009-2010 school year, and the next one is due by the end of this month. If the next payment is missed, school districts lose out on more than $1 billion in state funding. This may cause significant problems for many school districts and their employees.

As you have probably seen or heard on the news, Governor Rendell just signed a bill allowing state workers to begin receiving paychecks more than a month after the June 30 budget deadline.

Education funding has been one of the major sticking points in the budget debate, and we expect that to continue as negotiations begin anew. Now, we need PSEA members to continue to make noise and let lawmakers know we will not sit by and let them pass anything that harms schools or children.
I will be calling on you to step up as leaders of your local associations in the coming days and weeks to make sure our voices are heard and that we do everything possible to ensure fair and adequate funds for our schools.

PSEA continues to fight for a minimum $300 million increase in the final 2009-2010 state spending plan. We will only win that battle if all members are engaged and speak up.

Now what?

To date, you, the leaders and members of PSEA, have played a significant role in the budget process. Members have visited legislators, sent thousands of letters and postcards, made thousands of phone calls, participated in public events and contributed in countless other ways.

There is still more to do. We are only entering a new phase, and there's no sign of when the impasse will end.

Thank you for all the work you do all throughout the year to make PSEA such a great organization. You are appreciated - and you do make a difference. You are the power of a great education.

• Social security, driver’s license, employee, and other confidential number.
• Personal financial information.
• Home, cellular, and other personal telephone numbers, and personal e-mail addresses.
• Information about an employee’s medical, psychiatric or psychological history or status, and enrollment in a program designed for employees with disabilities (i.e., workers’ or unemployment compensation).
• An employee’s marital status, the name of an employee’s spouse, or information about an employee’s dependents or beneficiaries.

• Letters of reference or recommendation, and performance ratings or reviews.
• Employment applications of those who are not hired by an agency.
• Workplace support services program information.
• Written criticisms of an employee, and information relating to discipline, demotion, or discharge contained in a personnel file (but not the final action of an agency resulting in demotion or discharge).
• Academic transcripts.
• Examinations given in primary and secondary school, and scoring keys or answers.
• Licensure examinations and other examinations related to an individual’s qualifications.
• Notes and working papers made solely for an employee’s personal use that has no official purpose.
• Any information that relates to or results in either a criminal or noncriminal investigation.

The Right-to-Know Law exempts the following labor relations information from public disclosure:

• Records dealing with strategy or negotiations relating to collective bargaining, labor relations, and labor arbitrations (but not a final executed contract).
• An arbitrator’s opinion, an arbitration exhibit, and a transcript of an arbitration hearing (but not the arbitrator’s final award or order).
• Grievance materials.

The law generally excludes any record for which disclosure would present a risk physical harm or otherwise risk an individual’s personal security. How does the Right-to-Know Law affect PSEA members?

The Right-to-Know Law includes broad disclosure requirements, making some information about individual employees subject to public access. For example, an individual public employee’s salary is “public record,” as well as his or her years of service. Public employers are also required to disclose collective bargaining agreements and individual employment contracts.

Certain individual employee information is protected from disclosure under the Law, including social security numbers, personal telephone numbers, and information about an employee’s family members. Also, many personnel records are exempt from disclosure, including written criticisms, letters of recommendation, and most disciplinary records.

PSEA is currently seeking clarification from the Commonwealth’s Office of Open Records regarding several items of personal information which are not specifically excluded under the Law (i.e., home addresses, dates of birth, and tax information). In particular, we have asked the Open Records Office for an Advisory Opinion regarding the release of employee W-2 forms which have been requested by a taxpayer from districts. PSEA strongly objects to the release of these forms.

Because of the broad sweep of the Right-to-Know Law, PSEA members working in public schools should be aware that many records or documents that are created or used in course of employment may be subject to public disclosure, including e-mail. PSEA recommends that employees use work email only for work-related communication. Employees should make sure that every e-mail is written using only professional language, and that they would be comfortable having any of their work e-mail available for view by a member of the public.

Please contact your PSEA UniServ Representative if you have any questions about the Right-to-Know Law, and its effect on your individual employee information.

Something to make fulfilling Act 48 requirements more manageable

Thanks to PSEA, an effort to require that all instruction for Act 48 requirements be conducted in three-hour increments was reconsidered. In late January, PSEA staff met with key Department of Education personnel regarding the proposed requirement and were able to convince officials that the idea was flawed.

We expressed in detail our concerns about this change and the problems it would create not only for PSEA (including difficulties around scheduling activities of three hours duration and record-keeping problems due to the large number of members we serve), but also problems at the district level in scheduling members to stay beyond the regular school day for extended programs, etc.
We stressed that the goal of all professional development (direct instruction and support services), regardless of length, should be to ensure high quality and to positively impact student learning and achievement. PSEA remains committed to working with PDE to achieve this standard. After listening to our concerns, the Department agreed to withdraw the plan.

Ohio may drop own graduation test
STRICKLAND PUSHES CHANGING TO ACT
By Denise Smith Amos • damos@enquirer.com • February 17, 2009

More than 11,500 of Ohio's high school seniors last year, or 9 percent, tried to pass the state's 10th-grade graduation test in March after prior attempts.

Three out of four failed again.

Some gave up and dropped out. Some appealed to the state for alternative ways to graduate.

Others tried again in the summer, hoping to graduate late.
Ever since Ohio created its 10th-grade test as a gatekeeper to graduation, it has prevented thousands from graduating.

Now, Gov. Ted Strickland wants to phase it out because he says it's not rigorous enough.

Few Cincinnati-area educators object, even though some fear that a new graduation plan may involve a harder test.

"I'm not sure that ... there's a great love for the (OGT) test," said Vince Rahnfeld, a guidance counselor at Sycamore High. "All of us have seen students who have gone through and done a very good job in school and, for whatever reason, didn't perform well on that test."

Under Strickland's proposal, over the next 10 years, Ohio would ditch the OGT, which costs taxpayers about $65 a student, and phase in a modified ACT, one of two national college entrance exams, at a cost of about $35 to $40 a test.

Stan Heffner, Ohio's associate superintendent for curriculum and assessment, said juniors would likely take a modified ACT, but their diploma will rest on more than that.

"As the governor envisions it, you would have to get some kind of composite score or a cumulative total in order to get your diploma," Heffner said. "This gives students more than one way to show they know their stuff."

Students would also have to pass end-of-course exams created for specific classes, he said. And seniors would have to complete an academic project and a service project to graduate.
Some students are wary.

"I think the ACT would be better because it is making it harder to graduate and that means that kids can't just skate by," said Erica Danielle Allen, an eighth-grader at Pleasant Run Middle school.

"But I am nervous about any test we'd take. It does not matter if it is the OGT or the ACT."

Questions remain: When would the changes occur?

Which courses would have end-of-course exams? What ACT scores, course exams and projects would be good enough to graduate? Would the state pay for more than one test per student?

"Conceptually I'm intrigued by the idea, but there's an awful lot that isn't filled in," Rahnfeld said.

"Governor Strickland is trying to move away from a one-size-fits-all OGT, to at least a combination of things. It's going to give us a wider-range view into a student's ability to go on to college and a career."

The OGT, which tests 10th-grade knowledge, is only a few years old. It was adopted in the 2005-06 school year, and not until the Class of 2007 was passing it mandatory.

Students in prior years could substitute a Ninth Grade Proficiency Test to qualify for a diploma.

The OGT was criticized in some corners because students needed to score less than half the possible points to pass most parts of the test, said Rex Brooking, an assistant principal at Colerain High.

"Everyone today feels we need to hold kids to a higher standard," he said.

Some things about OGT are worth carrying over, educators said.
Dan Hudson, an administrator and former math teacher at Northwest Schools, suggested that students get more than one chance at the ACT. They can take the OGT up to seven times.
The ACT is expected to be more difficult, educators say, and it is based on national standards, not Ohio's.

"Does it actually align to Ohio standards and with what we teach in Ohio? There are some concerns to ensure that any assessment like that is going to be aligned to what we're teaching," said Elizabeth Holtzapple, Cincinnati Public's director of research, evaluation, and test administration.

CPS, she said, did well with the OGT. True, more students failed it than failed the old Ohio proficiency tests but, she said, students took more courses toward graduation because of the OGT.

It's unclear if the ACT will have that effect, she said.

"It does raise the bar, but we also have to be very careful about ... unnecessarily excluding students fromgraduating," she said.
That's why the governor is proposing a four-pronged approach to graduation eligibility, Heffner said.

Even so, "you may go from a fairly pressure-filled situation to an enormously pressure-filled situation for students, teachers and parents," warned Rahnfeld.

Brooking, at Colerain, said high schools may end up with fewer kids passing the ACT. Nevertheless, his school is promoting the test now, to encourage students to prepare for college and a career, he said.

"Even students who are not going to college, we'd like to expose them to the ACT, just in case they change their minds," he said.
Some counselors worry about fairness, noting that wealthier students have advantages.

"Those scores can be influenced by whether you've had a chance to take it before or if you take test prep courses," Rahnfeld said.

Eric Fingerhut, chancellor for Ohio's Board of Regents, disagreed, telling legislators that the ACT would level the playing field for many students and encourage more to apply to colleges.

"Students in wealthier school districts are already expected to take one of the tests used by colleges and universities to assess college readiness," Fingerhut said.

"But in other communities, the time and attention spent on helping students pass the OGT - which is not a college readiness tool - means that they are never encouraged to take the ACT or SAT. With this one policy change, every student in Ohio will be considered potential college material."

The ACT is put out by an independent, not-for-profit organization in Iowa City. Five states, including Kentucky, mandate that high school students take it, but no state uses its scores as a determinant for graduation, a spokesman said.

Your speech and your job
Attention PSEA members! Make sure you think carefully about what you say in the classroom. Recent court cases have imposed limits on First Amendment protection for what you say during your workday. Read more...

Something to help us retain promising colleagues

In a recent column, Dr. Dorothy Rich, developer of the MegaSkills Teacher Training Programs, speaks to the issue of being able to retain talented young teachers. As we so often argue - and as statistics repeatedly confirm - recruiting teaching talent is only half the battle; keeping young teachers from leaving the often stressful and always challenging classroom while their peers in other professions quickly climb the salary ladder is the more daunting task. Dr. Rich "suggests that new, novice teachers be placed in classes where they can taste success and gain experience before moving to more challenging classroom situations where experienced teaching skills will come in handy." Read more about this issue.

Something to help members deal with difficult situations

PSEA has a new publication to assist members who handle difficult student behaviors. "Dealing with Threats and Violent Behaviors from Students with IEPs: Practical Strategies for your Classroom.," is for members faced with a student exhibiting challenging behaviors. "We understand that when dealing with a difficult situation you need answers quickly," said PSEA Director of Education Services Bernie Miller, author of the booklet.

The guide provides suggestions from a variety of perspectives in the hope that some of the ideas will help move situations in a more positive direction, both for the student and the adult.

"We must abide by state and federal regulations when we face the child and the behaviors they bring into the classroom," said Miller. "Those key regulations are also referenced to save you time."

The guide is available on the PSEA.org.

Something you should know…

Everyone should know by now that anything sent over a school district's e-mail system is subject to review by the employer, but what about the general public? To get the legal facts and PSEA recommendations, please see the "Right to Know" memo on PSEA.org.