MMSD – Department of Educational Services
Revised, October 2007
TO:Special Education Teachers, Student Services Staff, Building Principals
FROM:Jack Jorgensen, Executive Director, Educational Services
The purpose of this Implementation Memo is to provide information to school staff regarding policies, procedures and best practices related to the educational programs of students with disabilities who are court-ordered into institutions or who move into the MMSD after being released from a court ordered placement. In many situations, the MMSD maintains responsibility for the annual IEPs and reevaluations for students in court ordered placements. This memo provides guidance to MMSD staff regarding their specific responsibilities.
- What are the types of facilities to which students may be court ordered?
There are 3 types of facilities to which students may be court ordered:
Residential Care Centers (RCC) [for example, LadLake]
Juvenile Correctional Institutions (JCI) [for example, EthanAllenSchool]
Mental Health Institutes (MHI) [for example, Mendota Mental Health Institute]
- What types of educational programs and services are available at RCCs, JCIs and MHIs?
In general, RCCs have school programs and employ special education staff to implement services for students with disabilities. An RCC cannot, however, complete evaluations and IEPs for students with disabilities because it is not considered a local educational agency (LEA). One exception is the NorrisAdolescentCenter which, unlike other RCCs, is considered its own LEA and therefore has the authority and responsibility to complete IEPs and evaluations.
JCIs have school programs and employ special education staff to implement services for students with disabilities. Each facility is considered its own local education agency and can therefore complete evaluations and IEPs.
MHIs have school programs and employ special education staff to implement services for students with disabilities. Each facility is considered its own local education agency and can therefore complete evaluations and IEPs. For students in long-term (more than 30 days) placements, the MHI has the responsibility to ensure the completion of evaluations and IEPs. For students in short-term placements (less than 30 days), the MMSD may maintain responsibility for completing IEPs and evaluations on a case-by-case basis.
See the Department of Educational Services web site for a comprehensive listing of facilities in Wisconsin (under Special Education,General Information, Out of District Placements).
- How are the educational programs and services at RCCs, JCIs and MHIs different from the educational programs and services available in public schools?
In general, educational programs at RCCs, JCIs and MHIs include instruction in core academic content areas. The types of special education supports and related services vary across facilities.. Information regarding the specific types of programs and services may be obtained directly from the facilities. See the Department of Educational Services web site for information about how to contact facilities (under Special Education, General Information,Out of District Placements).
- When a student without a disability is placed by the courts in an RCC, JCI or MHI, what responsibilities does the MMSD continue to have?
Wisconsin State law requires that when a student without a disability is placed in an RCC, JCI or MHI, the local education agency must develop and submit to the county a status report describing the student’s educational needs.
- When a student with a disability is placed by the courts in an RCC, JCI or MHI, what responsibilities does the MMSD continue to have?
When an MMSD student with a disability transitions directly to an RCC by court order (except to the Norris Adolescent Center), the MMSD continues to have the responsibility to complete annual IEPs and 3-year reevaluations for the student. While the RCC must implement the student’s special education program as described in the IEP, it does not have the responsibility or authority to complete IEPs and evaluations because the RCC is not considered a local education agency.
Generally, when an MMSD student with a disability is placed in a JCIby the courts, the MMSD is no longer responsible for completing annual IEPs and 3-year reevaluations for the student. JCIs are considered their own local educational agencies and therefore have the responsibility and authority to complete evaluations and IEPs for students with disabilities.
When a student is placed in anMHI for a long-term (more than 30 days) placement, the MHI has the responsibility for the IEP. For students in short-term MHI placements (less than 30 days), the MMSD may maintain responsibility for completing IEPs and evaluations on a case-by-case basis. When a student with a disability is placed at an MHI, it is important to contact the MHI to determine whether the placement will be short term or long term.
- Who informs school staff about a student’s placement in an RCC, JCI or MHI?
The information regarding a student’s placement may come from a number of sources including:
- a DaneCounty Social Worker
- a Community Partnerships staff person
- a Juvenile Corrections Agent
- a group home staff person
- a parent or foster home parent, or
- the MMSD Community and Residential Care Social Worker.
- What are the responsibilities of the MMSD Community and Residential Care Social Worker?
The MMSD Community and Residential Care Social Worker monitors completion of procedural requirements for students who are court ordered to RCCs, JCIs and MHIs. This person also keeps track of students’ placements and possible release dates, and monitors completion of procedural requirements when students return to or are placed in the MMSD upon their release.
The MMSD Community and Residential Care Social Worker also provides assistance in the transition of students into court-ordered placements and into the MMSD after release by coordinating communication among school district staff, the family, community agency personnel and the placement facility.
- What tasks must be completed by school staff when informed that a student with a disability has been ordered to an RCC, JCI or MHI?
Case manager: The student’s case manager must review the status of the student’s annual IEP and reevaluation. If the annual IEP or reevaluation is due, an IEP team must be convened immediately to complete these procedural requirements.
If the annual IEP and reevaluation are not due, an IEP team must be convened to conduct an interim review of the IEP to ascertain the appropriateness of the IEP for implementation at the court-ordered placement and to update the placement. In most cases, the IEP will need to be revised.
As for all IEP meetings, the IEP team chairperson must complete an Invitation and Cover Sheet. In addition, a new Notice of Continuing Placement must be completed which denotes a location other than the MMSD (See Question #13 for information about how to complete the Notice of Continuing Placement).
The case manager confers with the school secretary regarding whether the student’s school folder or copies of the most recent evaluation and IEP should be sent when requested. If questions arise regarding the distribution of the student’s records to the RCC, JCI or MHI, the case manager or school secretary may wish to contact the MMSD Community and Residential Care Social Worker for assistance.
Principal: The principal (or principal’s designee) appoints an IEP team (if necessary).
School secretary: When a student is placed in a RCC, the school secretary drops the student with a TNC (Transfer to a WI school not covered by WSLS) code. When a student is placed in a JCI or MHI, the secretary drops the student with a TC (Transfer to another WI school covered by WSLS) code. In both situations, the secretary updates the student’s registration record to indicate the new placement. In addition, the school secretary sends copies of the most recent evaluation and IEP within five (5) days of receipt of the request from the RCC, JCI or MHI.
Please note: Since it is hard to predict which school staff member (e.g., special education case manager, school social worker, school secretary) will be the first to be informed regarding a student’s return from a court-ordered placement, each school should establish a system to ensure that all who need information about the student’s placement are informed in a timely manner.
- When an RCC, JCI or MHI requests records for a student with a disability from the MMSD, should the school secretary send the student’s complete school behavioral file or copies of only the most recent evaluation and IEP?
If the MMSD will continue to have responsibility for the students IEP, only copies of the most recent evaluation and IEP should be sent. The complete school behavioral file should be sent ONLY when it is specifically requested by the JCI or MHI with responsibility for the IEP. The student’s case manager confers with the secretary regarding which documents should be sent. Information regarding RCC, JCI or MHI responsibility for evaluations and IEPs is available on the Department of Educational Services web site (under Special Education, General Information, Out of District Placements).
- When a student is court-ordered to an RCC, JCI or MHI while placed in the Dane County Jail, Huber Work Release Program, Juvenile Detention Center or Shelter Home, who is responsible for the review and completion of IEPs and evaluations at the time of the placement?
Educational services are provided to students who have been placed in the DaneCounty Jail, Huber Work Release Program, JuvenileDetentionCenter or the Shelter Home. For a student who is enrolled in the Dane County Jail or Huber Work Release Program at the time of his/her placement in an RCC, JCI or MHI, staff from the Dane County Jail or Huber Program are responsible for reviewing the status of the student’s IEP and evaluation and completing or revising these documents as necessary. (See Question #8 for information regarding specific responsibilities.)
For students in the JuvenileDetentionCenter and Shelter Home, the case manager and the IEP team from the student’s regular MMSD school placement have this responsibility.
- When reviewing the IEP following a student’s placement in an RCC or MHI, in what
ways might the IEP need to be revised?
Any section of the IEP may be revised at the time of the student’s placement in an RCC or MHI. Typically, the IEP team might need to revise the present level of educational performance, annual goals and/or the service needs sections of the IEP. For example, the IEP team may wish to include in the present level of performance a description of changes in the student’s behavior or situation that might have precipitated the court-ordered placement. For goals and objectives, the IEP team may wish to add goals that relate to the changes described in the present level of performance and that might contribute to the student’s successful return to the community. Finally, the IEP team may need to revise the Service Needs section of the IEP to reflect the programs and services available at the RCC or MHI where the student has been placed.
As mentioned previously in Question #8, a new Notice of Continuing Placement must be completed which denotes a location other than the MMSD (See Question #13 for information about how to complete the Notice of Continuing Placement).
- Should staff from the RCC or MHI participate in the review and revision of the student’s IEP?
Yes. It is best practice to involve staff from the RCC or MHI in the review and revision of the student’s IEP. Although staff from the RCC or MHI may be unable to attend the IEP meeting because of the location of the facility or scheduling conflicts, they may be able to participate via a conference call or by providing information and ideas to the case manager prior to the IEP meeting.
- When completing a Notice of Continuing Placement for a student placed in an RCC, JCI or MHI, how should the location be described?
The location of the “school building or specific setting” and the “School District/City” should be completed with the phrase “per Juvenile Court Order.” For example, “Placed at LadLake in Dousman, WI per juvenile court order.”
- During a student’s placement at a court-ordered facility where the MMSD maintains responsibility for completing annual IEPs and reevaluations, who is responsible in the MMSD for ensuring that students’ IEPs and reevaluations are completed?
The student’s MMSD special education case manager has the responsibility to monitor the timely completion of these procedural requirements in the same way he/she monitors completion of procedural requirements for all other students. The case manager’s GUI list continues to include the names of students court-ordered to RCCs to assist teachers with this task.
Although these students are not counted for purposes of determining the school’s staff allocation, the case manager is eligible to earn $75 as the chairperson for each reevaluation completed (per the collective bargaining agreement). The case manager continues to have access to the student’s records. If problems are encountered, staff should contact the Educational Services program support teacher for technology for assistance.
On a district level, the MMSD Community and Residential Care Social Worker also has the responsibility to monitor when the annual IEPs and reevaluations for students in RCCs are due and communicates this information to case managers as needed.
- What happens if a school is responsible for completing the annual IEP and reevaluation during a student’s placement in an RCC but staff at the school are unfamiliar with the student?
The last school district (and the last school within that district) that a student attended prior to his/her placement in an RCC is responsible for completing the student’s annual IEP and reevaluation during the student’s stay in the RCC. Situations may arise, however, in which the staff at the school responsible for completing the annual IEP or reevaluation are unfamiliar with the student. In these situations, the principal has the responsibility to appoint new staff from the school to the IEP team.
In some unusual situations, it may be unclear which school or program within the MMSD is responsible to complete the annual IEP or reevaluation. When these situations arise, the special education coordinator in consultation with the school principal(s)/program administrator(s) decides which school/program will have this responsibility.
The MMSD Community and Residential Care Social Worker may also be able to provide assistance in situations where it is unclear which MMSD school/program has the responsibility to complete annual IEPs and reevaluations.
- When a student moves across levels (elementary to middle or middle to high) during his/her court-ordered placement, what steps should the sending school take to ensure that the receiving school has been informed of its responsibilities regarding the student’s IEP and reevaluation?
The sending school must provide the receiving school with the names of students placed in RCCs for whom the sending school has had the responsibility to complete annual IEPs and reevaluations. Staff from the sending and receiving schools follow the procedure for Students Moving Across Levels (SMAL) as they would for other students moving across levels.
The MMSD Community and Residential Care Social Worker also monitors when students’ move across levels to ensure that receiving schools are informed of their responsibilities for students’ IEPs and reevaluations in a timely manner.
- What tasks must be completed by school staff when informed that a student with a disability who has been released from an RCC, JCI or MHI will be attending school in the MMSD?
School secretary: The school secretary registers and enrolls the student. Students released from an RCC, JCI or MHI who reside in the MMSD must be permitted to enroll. The school secretary also requests the student’s records from the student’s previous school district and/or from the RCC, JCI or MHI. The MMSD Community and Residential Care Social Worker can assist with questions regarding the request for records.
Principal: The principal has the responsibility to appoint the IEP team and IEP team chairperson.
IEP team: The IEP team’s actions depend on two factors. First, did the student attend the MMSD or a different school district prior to the placement in the RCC, JCI or MHI? Second, was the student released from an institution that serves as its own LEA? The table below provides examples of the correct course of action for the several scenarios on the student’s placement history: