...there we stood in the doorway We heard the mission bell and we were thinking to ourselves "This could be heaven or this could be hell" Mirrors on the ceiling The pink champagne on ice. And she said: "We are all just prisoners here of our own device." (Eagles)

Monday, November 19, 2007

Do HCPS LEA Rep's know they have (and should take) Authority?

I keep checking for updated information on this website. It says to.


But every once in a while someone asks this question - What is an LEA rep?


This website titled LEA Questions and Answers gives some information:
SCHOOL DISTRICT OF HILLSBOROUGH COUNTY, FLORIDA
EXCEPTIONAL STUDENT EDUCATION

Q: Who can sign as LEA?
A: At school sites, the only school-based personnel who may act and sign as the "LEA" representatives are ESE teachers. The LEA is an ESE teacher who is not serving the child. An ESE teacher is a teacher who is assigned as an ESE teacher. (Guidance counselors, even if they have ESE certification, are not assigned as ESE teachers, therefore, are not to sign as LEA.)
District level ESE personnel (ESE Supervisors, Coordinators, ART's, and Staffing Specialists) when in attendance at meetings can sign as the LEA.

I can't argue with that, although it sounds bizarre.

This is another, perhaps more professional, definition of LEA Rep:

§300.321 (a)(4) A representative of the public agency who--
(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of
children with disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the public agency.

And here is the discussion that verifies the LEA Rep's Authority and "who can sign":

Comment: Many commenter's
recommended that the regulations
require the IEP Team to include a
representative of the public agency who
has the authority to commit resources.
One commenter stated that the failure of
this individual to attend an IEP Team
meeting lengthens the decision-making
process, delays services, and removes
parents from equal participation in an
IEP Team meeting.
Discussion: Section 300.321(a)(4)
incorporates the language in section
614(d)(1)(B)(iv) of the Act and requires
the IEP Team to include a representative
of the public agency who is qualified to
provide or supervise the provision of
specially designed instruction to meet
the unique needs of children with
disabilities; is knowledgeable about the
general education curriculum; and is
knowledgeable about the availability of
LEA resources.
A public agency may determine
which specific staff member will serve
as the agency representative in a
particular IEP Team meeting, so long as
the individual meets these
requirements.
It is important, however,
that the agency representative have the
authority to commit agency resources
and be able to ensure that whatever
services are described in the IEP will
actually be provided.
However, we do
not need to regulate in the manner
suggested, as the public agency will be
bound by the IEP that is developed at an
IEP Team meeting.
Changes: None.

So, next time you see one, just ask the average Special Ed teacher or the others mentioned if she/he knew she/he, when signing as an LEA rep, that she/he had the authority and responsibility to commit agency resources, such as
assistive technology or
occupational therapy or physical therapy or
speech therapy all right here in HCDS?

or
dyslexia accomodations or
the inexhaustible list of related services and supports that are available to professional special education teachers.

I know there are a few who know the rules real well. They always show up if I go to an IEP meeting.

In the mean time, a lot people will agree with the commenter:

"One commenter stated that the failure of
this individual to attend an IEP Team
meeting lengthens the decision-making
process, delays services, and removes
parents from equal participation in an
IEP Team meeting."

Ignorance of the law and delay of services can save a lot of money. And a parent who is able to be an informed and equal participant can be a real pain in the ass.

1 comment:

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