[SE-Dir] Important Developments for Districts

[SANDBERG Ruby]

TO:  All District and ESD Special Education Directors

The message below is being sent to you on behalf of:


Petrea Hagen-Gilden
Interim Assistant Superintendent
Office of Student Learning & Partnerships
______________________________________________
September 25, 2012


RE: Two Important Developments for Districts



Dear Colleague:



Welcome back to what promises to be an interesting and exciting school year! I write this letter to introduce myself to you and to alert you to two important developments in the area of service provision for transition age students.



We did communicate briefly with you to let you know that I have assumed responsibility, on an interim basis, for leadership in the office of Student Learning and Partnerships (SL&P) at the Oregon Department of Education. I am honored to serve the children, families, and schools in Oregon once again. During my tenure, I intend to do all I can to further the goals of Governor Kitzhaber, Chief Education Officer Crew, and Deputy Superintendent Saxton to improve outcomes for all students. All of us in SL&P are looking forward to partnering with you to achieve these goals.



We will continue with our current initiatives and, of course, our general supervision responsibilities. However, we will also be actively seeking your input on how we can better assist districts in implementing special education services and improving student outcomes.



Above I noted there were two important issues for districts. These are detailed below.


U.S. Department of Justice (USDOJ) findings regarding sheltered workshops: During the summer, the United States Department of Justice issued a letter of findings indicating that Oregon's use of sheltered workshops was a violation of the Americans with Disabilities Act. The media reporting on this issue focused on adult services, and as a result, many of you may have been unaware that the letter also includes findings related to school age programs. In summary, the USDOJ faulted districts for utilizing sheltered workshops as placements for students who are in transition programs, and as projected placements for transition outcomes. The practice of simulating sheltered workshops as part of school curricula was also highlighted as problematic.

At this time, ODE is a participant in those negotiations, along with the Oregon Vocational Rehabilitation Services Division and Oregon Developmental Disabilities Services Division in on-going negotiations that seek to address these findings. As part of our negotiations, we may seek data from you regarding such services, and appreciate your assistance in these efforts.

At this time, we ask that you be aware of and evaluate the efficacy of such practices in your districts or programs. The letter in full can be found at (http://www.ada.gov/olmstead/olmstead_cases_list2.htm#oregon-findltr<http://www.ada.gov/olmstead/olmstead_cases_list2.htm>).



Portland Public Schools (PPS) agreement with Disability Rights Oregon (DRO) regarding the provision of 990 hours of instruction for students with disabilities with modified and extended diplomas, and alternative certificates: On September 18, 2012, PPS and DRO settled a complaint regarding the provision of instructional hours for students in the District's Community Transition Program. This complaint was between PPS and DRO and has no legal bearing on any other local education agency (LEA). However, it is important for LEAs to be aware of this issue and to make sure their programs comply with the requirements of HB 2283.



The agreement, PPS policy revisions, and its intended letter for parents and adult students can be found at (http://www.droregon.org/news/dro-and-yrj-sign-agreement-with-pps-to-provide-full-school-days-to-transition-aged-students-with-disabilities),  and may be useful for LEA directors and transition program providers.



I look forward to seeing you at the Fall Conference and working with you!


Petrea Hagen-Gilden






Ruby Sandberg, Executive Assistant
Office of Student Learning & Partnerships
Oregon Department of Education
503-947-5738   FAX: 503-378-5156
ruby.sandberg at state.or.us<mailto:ruby.sandberg at state.or.us>
The Oregon Department of Education is an equal opportunity agency and employer. Messages to and from this email address may be made available to the public under Oregon law.




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